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HomeMy WebLinkAbout04/10/2014 - Zoning AdministratorNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/10/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, April 10, 2014 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER — The meeting was called to order at 3:30 p.m. Staff Present: Brenda Wisneski, Zoning Administrator Fern Nueno, Associate Planner B. MINUTES of March 27, 2014 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 SoulCycle Minor Use Permit No. UP2014 -007 (PA2014 -030) 1177 Newport Center Drive CD 5 Fern Nueno, Associate Planner, stated that a Minor Use Permit is required for the proposed health and fitness facility and provided a brief project description. Ms. Nueno stated that the proposed project would be located in a 3,363- square -foot tenant suite within Fashion Island that would include an indoor cycling fitness facility for group exercise classes, a locker room, restroom /showers, and a retail sales area. She continued that the applicant intends to offer up to 12 classes per day between the hours of 5:30 a.m. and 11:00 p.m., and stated that each class could accommodate a maximum of 58 participants Applicant Shawna Schaffner of CAA Planning, on behalf of SoulCycle, stated that she had reviewed the staff report, agreed with the findings, and accepts the required conditions. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and asked for clarification on the project plans. Mr. Mosher pointed out a typographical error in the resolution and questioned why the hours of operation were not included as a condition of approval. There were no other public comments and the Zoning Administrator closed the public hearing. The Zoning Administrator clarified the orientation of the floor plan in relation to the surroundings and that the hours of operation are included in the resolution as a statement of fact and fact in support of the findings, and that it is not necessary to add a condition of approval. Ms. Nueno clarified that in order to allow for flexibility in the future, the hours of operation in the resolution include an opening time of 5:30 a.m. daily even though the applicant does not intend to offer classes prior to 7:00 a.m. on weekends. Zoning Administrator Wisneski continued that the proposed location is not near residential uses or other sensitive uses that could be negatively impacted. Ms. Wisneski noted that the use would be required to comply with the noise ordinance, so they would be allowed to play music so long as the Municipal Code requirements were met. Ms. Nueno added that Fashion Island is a well- managed shopping center and the proposed use would be separated from sensitive land uses by other commercial buildings, streets, and parking areas. She continued that the nearby residents, employees, and shoppers would be using the facility and that the exercise room is Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/10/2014 located in the back of the tenant suite, away from the front entrance, further ensuring that noise from this use does not impact the area. Action: Approved ITEM NO.2 Annual Review of Development Agreement for North Newport Center (PA2009 -023) North Newport Center CD 7 Fern Nueno, Associate Planner, provided a brief project description stating that this was a review of the North Newport Center Development Agreement between the City and Irvine Company that was approved in 2007, amended in 2012, and that expires in 2032. Ms. Nueno continued that the Development Agreement vested development rights to Irvine Company and required public benefit fees and improvements. She summarized the development activity and related improvements for the 2013 calendar year and explained the development summary table in the staff report and in the annual monitoring report submitted by Irvine Company. Staff reviewed the Development Agreement, annual report, and development activity for 2013, and believes that Irvine Company has complied in good faith with terms and conditions of the Development Agreement. Applicant Shawna Schaffner of CAA Planning, on behalf of Irvine Company, noted that over $55 million was contributed towards public benefits improvements by Irvine Company and that the water quality improvements were completed in advance of the 2017 timeline. Ms. Schaffner stated that she thought the staff report was thorough and had no further comments. Ms. Nueno clarified the difference between the staff report that tracks certificates of occupancy and finaled building permits and the annual report tracks approved projects that may not be complete yet. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and questioned the relationship with a General Plan Amendment being processed and requested clarification on the development table and information about floor area within the staff report. There were no other public comments and the Zoning Administrator closed the public hearing. Zoning Administrator Wisneski responded that the Land Use Element Amendment is for the broader Newport Center area. Ms. Nueno explained the development tables within the staff report and annual report and the discrepancies in square footage numbers. She noted that once the projects currently under construction are completed, the only remaining entitlement will essentially be in the Fashion Island Sub -Area. Ms. Schaffner further noted that there were some demolitions that would add to the remaining entitlement number in the table. The Zoning Administrator approved the annual review. Action: The Zoning Administrator found the review exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 25321 (Class 21 — Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; found that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and received and filed the Annual Report of the Development Agreement for North Newport Center. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/10/2014 D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 3:49 p.m. The agenda for the Zoning Administrator Hearing was posted on April 4, 2014, at 4:00 p.m. in the Chambers binder and on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on April 4, 2014, at 4:30 p.m. P, Zoning Administrator Page 3 of 3