HomeMy WebLinkAbout00 - Draft MinutesNEWPORT 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 t 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.
Brenda Wisneski, AICP, Zoning Administrator
Page 3 of 3