The URL can be used to link to this page

Home My WebLink AboutZA Action Agenda 5-18-09ACTION AGENDA ZONING ADMINISTRATOR MEETING MAY 18, 2009 **** CALL TO ORDER: 10:32 a.m. Community Development Conference Room ROLL CALL: Dana Ogdon, Acting Zoning Administrator Ryan Swiontek, Associate Planner Reina Kapadia, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar The Acting Zoning Administrator introduced himself, explained the process, and asked the attendees to introduce themselves. Margaret Taylor, Mark Vidal, and Michelle Payne were in attendance for the first item; Anna Kim was in attendance for the second item; Roland Guerra, Stephanie Guerra, and Eloie Guerra were in attendance for the third item. PUBLIC MEETING: 1. CONDITIONAL USE PERMIT 09-005 - a request to modify conditions to an existing Type 42 Alcoholic Beverage Control (ABC) license at the subject property. The applicant is proposing to remove a current restriction on the wine tasting bar which limits serving sizes to two (2) ounces per glass or container. APPLICANT PROPERTY OWNER: LOCATION: RECOMMENDATION MRS. GOOCH'S NATURAL FOOD MARKETS DBA: WHOLE FOODS MARKET VESTAR/KIMCO TUSTIN, L.P. 2847 PARK AVENUE That the Zoning Administrator adopt Zoning Administrator Action 09-005 approving Conditional Use Permit 09-005. Presentation: Ryan Swiontek, Associate Planner Zoning Administrator Action Agenda May 18, 2009 Page 2 The Public Hearing opened at 10:34 a.m. The Acting Zoning Administrator asked if the attendees received and read the staff report. The applicant's representatives responded in the affirmative. The Acting Zoning Administrator reviewed the report and asked if the attendees had any concerns or questions. The applicant's representatives answered in the negative. The Acting Zoning Administrator approved Zoning Administrator Action 09- 005 approving Conditional Use Permit 09-005, as modified per staff s recommendation. The first sentence of Condition 2.2 will be amended to read: "All alcoholic beverages for tasting purposes shall be purchased and consumed on-site within the designated wine tasting area." Ms. Taylor asked when the action will be published. Staff explained that there is seven-day appeal period on this item; at the end of that period, the Notice of Exemption can be processed with a $50 cashier's check made payable to the County Clerk. 2. CONDITIONAL USE PERMIT 08-021 - a request to establish an educational/tutoring facility at a tenant suite in an existing office building. APPLICANT: ANNA KIM, XL LEARNING CENTER PROPERTY OWNER: POSITIVE INVESTMENTS, INC. LOCATION: 17802 IRVINE BOULEVARD, SUITE 225 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action 09-003 approving Conditional Use Permit 08-021. Presentation: Reins Kapadia, Associate Planner The Acting Zoning Administrator asked if the applicant had received and reviewed the staff report. The applicant replied she had only received a letter from staff; and, referred to the concern regarding the parking allowance. Zoning Administrator Action Agenda May 18, 2009 Page 3 Staff explained the intention of the condition. The Acting Zoning Administrator asked the applicant to take a few minutes to read the staff report and went on to the next item. The meeting was reconvened after allowing Ms. Kim time to read the report. The Acting Zoning Administrator asked if Ms. Kim had now read and understood the staff report and proposed conditions of approval. The applicant responded in the affirmative, indicating that she also understood that any change in business operations would require approval by the planning staff. Staff indicated that would be necessary only if the business were to change outside what is currently proposed. The Acting Zoning Administrator added that the conditions of approval require that classes be scheduled so that, due to the limited parking requirements, there is no overlapping of class schedules and enough time is allowed for one class to leave before the next arrives. The applicant stated that would not be a problem; very few students drive their own vehicles or need to park; most are to be dropped off by their parents. The Acting Zoning Administrator reiterated that the applicant would need to contact staff if any changes occur. The Acting Zoning Administrator approved Zoning Administrator Action 09- 003 approving Conditional Use Permit 08-021, with one modification to Finding E.4. which .will now read: "As conditioned, the tutoring facility would generally operate consistent and compatible with the hours of operation for other commercial uses in the area." 3. CONDITIONAL USE PERMIT 09-007 - a request to authorize the sale of beer and wine for on-site consumption (ABC License Type 41) in conjunction with an existing bakery/cafe located at 14071 Newport Avenue. APPLICANT: ROLAND AND OSBELIA GUERRA ROLLIE'S BAKERY PROPERTY OWNER: STRATA TUSTIN, LLC. JEFFREY MAYHEW LOCATION: 14071 NEWPORT AVENUE Zoning Administrator Action Agenda May 18, 2009 Page 4 RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action 09-004 approving Conditional Use Permit 09-007. Presentation: Reina Kapadia, Associate Planner The Acting Zoning Administrator asked if the applicant had reviewed the staff report. The applicant's representatives responded in the affirmative. The Acting Zoning Administrator reviewed the staff report and asked staff to relate the content of an e-mail received Thursday, May 14, from Jeff Mayhew, Strata Tustin, LLC, property owner. Staff indicated that an a-mail was received (attached for reference) asking that the applicant's proposed hours of operation be extended to 10:00 p.m. on weekdays and 11:00 p.m. Friday and Saturday which allow greater flexibility for the applicant. The Acting Zoning Administrator asked the applicant if that suggestion was acceptable. The applicant responded in the affirmative. The Acting Zoning Administrator reiterated for the record that the proposed amended hours of operation would be from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:00 p.m. Friday and Saturday. There were parking ratios established by the 1990 conditional use permit for the development which limits the seating to 21 for this use. The Acting Zoning Administrator asked if the applicant had any questions or concerns regarding the conditions of approval. The applicant answered in the negative. The Acting Zoning Administrator approved, with the modified hours of operation, Zoning Administrator Action 09-004 approving Conditional Use Permit 09-007. Also, on page 2 of Zoning Administrator Action 09-004, the second sentence of Item e. shall be deleted. REGULAR BUSINESS: None Zoning Administrator Action Agenda May 18, 2009 Page 5 ADJOURNMENT: The meeting adjourned at 10:53 a.m. The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing. Kapadia, Reina From: Jeff Mayhew [jell@strataproperties.com] Sent: Thursday, May 14, 2009 11:51 AM To: Kapadia, Reina Cc: Ogdon, Dana Subject: Conditional Use Permit 09-007 (Roland and Osbelia Guerra dba Rollie's Bakery) Dear Reina I noticed that you are the Associate Planner for Conditional Use Permit 09-007 (Roland and Osbelia Guerra dba Rollie's Bakery). As the Landlord of Rollie's Bakery, we wholly support this application. The Guerra's run a great restaurant and we believe the addition of alcoholic beverages will enhance their restaurant and the dining experience. We would ask that you extend the hours of the permits so that they can serve beer and wine up to 10 pm on weekdays and 11 pm on Friday and Saturday. This of course would be conditioned that such use remain in conjunction with the restaurant use. They presently close at 8 pm, but this would allow them to extend their hours without asking for City approval. In these tough times, it would give a hard working couple an option to expand their business if necessary without having to go through the administrative process again. We are writing this because we will not be able to attend the hearing next Monday May 18, 2009, but we wanted to confirm our support of this application. Thanks, Jeff Mayhew Far Strata Tustin, LLC 4770 Von Karman Avenue Newport Beach, CA 92660 Telephone: (949) 833-8400, ext. 250 Fax: (949) 767-5910 jeffCc~strataproperties.com