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HomeMy WebLinkAbout00 - Draft MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/24/2014 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, April 24, 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 James Campbell, Principal Planner Rosalinh Ling, Associate Planner B. MINUTES of April 10, 2014 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Cucina Enoteca Restaurant Minor Use Permit No. UP2014 -002 951 Newport Center Drive; Fashion Island, Pad D CD 5 James Campbell, Principal Planner, provided a staff report on a Minor Use Permit for an eating and drinking establishment with alcohol sales. He spoke about the location of the restaurant, hours of operation and the need for approval by the Police Chief for an Operator's License due to the late hours. He also indicated there are no sensitive land uses near the site. Principal Planner Campbell recommended approval of the permit with one change to Condition 22 related to the security operational plan and requested that Condition 22 state that the use shall be operated consistent with the approved security plans for Fashion Island at all times. In response to a question asking if there was more than one security plan, Principal Planner Campbell stated that plans change from time to time and if there was a future plan he wanted to be sure it was covered. The applicant indicated that even though the permit states business hours are from 9:00 a.m. - 2:00 a.m., his restaurants generally close around 1:00 a.m. Zoning Administrator Wisneski stated it was conditioned that the restaurant could open as early at 6:00 a.m. to allow flexibility for breakfast service. Zoning Administrator Wisneski opened public comments. Jim Mosher spoke about the 6:00 a.m. early opening and stated it was inconsistent with Condition D4. He asked rf El Tonto had a Type 47 license and stated he did not believe the vision of Fashion Island was as a late night entertainment spot. Zoning Administrator Wisneski closed public comments. Zoning Administrator Wisneski stated the purpose of the Minor Use Permit is to consider the restaurant use as it is proposed today. The previous use is not relevant and the type of ABC license does not dictate hours of operation. She further stated that the area has evolved as an entertainment destination and that the use and hours of operation are appropriate. Zoning Administrator Wisneski approved this item with amendments to Condition 22 regarding the security plan and change to Finding D4 that the proposed hours of operation indicate 6:00 a.m. — 2:00 a.m. Action: Approved Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/24/2014 ITEM NO.2 Annual Review of Development Agreement for Pacific View (PA2009 -024) 3500 Pacific View Drive CD 7 Rosalinh Ung, Associate Planner, provided a staff report on this item. She reported that the Development Agreement was originally approved in 1995 and amended in 2007 with the term being extended through 2025, or 2032 if development was completed early. She gave an update on landscaping, construction and hours, and approval of a mausoleum. Associate Planner Ung reported that staff has not received any complaints this year and believes the applicant has acted in good faith with regard to the terms of the Development Agreement. Zoning Administrator Wisneski asked the applicant if they were aware of any issues raised by residents. The applicant stated there were some complaints about the size of bushes. Zoning Administrator Wisneski opened public comments. One member of the public spoke about the construction of mausoleums and mentioned an article in the L.A. Times which stated that homeowners would not see mausoleums from their homes. He reported that mausoleums are being constructed on a hill which he can see from his house and expressed that he would like to see additional trees planted so he does not have to see the mausoleums. Zoning Administrator Wisneski stated she did not believe there was a condition which indicated homeowners would never see the mausoleums and perhaps the newspaper article was misleading. She indicated there is a landscape plan requiring vegetation to be planted. Associate Planner Ung stated that one stipulation of the Development Agreement was to maintain and plant a certain number of mature trees for buffering and view obscurity. The member of the public stated that he did not realize there would be building along the entire hillside. Associate Planner Ung stated that Pacific View may be willing to plant more trees as a good neighbor but it is not a condition or stipulation of the Development Agreement. Zoning Administrator Wisneski indicated the purpose of the hearing was to ensure the applicant had complied with the provisions of the Development Agreement and noted that the applicant had been accommodating to specific needs of residents where feasible. Zoning Administrator Wisneski closed public comments and determined that Pacific View Memorial Park was in good faith compliance with the terms of the Development Agreement. Action: Approved ITEM NO.3 Annual Review of Development Agreement for Uptown Newport (PA2014- 039) 4311 -4321 Jamboree Road CD 3 Rosalinh Ung, Associate Planner, provided a staff report on the Development Agreement for the development of a 25 -acre mixed -use project, including the type of development and term of the Development Agreement. She reported the project is in the first phase of development; no permits have been issued and recommended that the Zoning Administrator find that the Development Agreement is in compliance and approve the review. Applicant, Brian Rupp, stated they are coordinating with staff and are moving forward with entitlements, demolition and site preparation. Zoning Administrator Wisneski opened public comments Page 2 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/24/2014 John Adams, owner and representative of Courthouse Plaza, spoke about his concerns including fencing, issues with access to the property and demolition and does not believe the project is in conformance with the project approvals. Jim Mosher asked that staff clarify what timespan the compliance report covers. He also questioned if fees had been paid because no building permits have been issued. He asked that staff also clarify if there are any other commitments the developer has made and if there is an estimate of when building permits will be issued. Zoning Administrator Wisneski closed public comments. Associate Planner Ung stated that the demolition permit had not been issued and explained that they are working with the applicant on the final tract map and construction management plan. James Campbell, Principal Planner, stated that the Development Agreement does not require that the driveways along Jamboree remain open during construction and that it will be reviewed in the construction management plan. Mr. Rupp stated that the demolition permit application has been submitted, the site has been fenced and some trimming of trees has been done. The applicant is looking at asbestos abatement but building demolition has not begun and the demolition plan and construction management plan will address access issues. Mr. Rupp also stated that the easement concerns mentioned by Mr. Adams had been adequately addressed in the public hearings. Mr. Adams stated that metal and partitions are piled up at the site and he does not understand why the City is letting the applicant perform work without a permit. Zoning Administrator Wisneski indicated that she will have Code Enforcement take a look at the site but removal of partitions do not require a demolition permit. Zoning Administrator Wisneski concurred with staffs recommendation and found Uptown Newport was in good faith compliance with the terms of the Development Agreement. Associate Planner Ung clarified that the Development Agreement review is from April 2013 to April 2014. Action: Approved ITEM NO. 4 Annual Review of Development Agreement for Hoag Memorial Hospital Presbyterian (PA2009 -064) 1 Hoag Drive CD 2 Rosalinh Ung, Associate Planner, provided a staff report including the term and requirements of Hoag's development standards. She reported that for the 2013 -2014 review year, no significant construction activity had occurred but interior remodels had been completed. She reported on Hoag's comprehensive noise report, noise complaints related to use of the service road and loading dock, cogeneration plant monitoring and landscaping. She stated that Hoag is taking steps to limit the hours that service vehicles can travel at the back end of the hospital on West Hoag Road. One member of the public asked about a retaining wall. Associate Planner Ung responded that she is not talking about a wall but instead Hoag will place locks on the gates along the service road. Zoning Administrator Wisneski opened public comments. Eric Turner spoke about noise coming from the cogeneration plant and believes the sound exceeds acceptable limits. He addressed issues in the report including testing of the cooling towers and inadequacy of the sampling locations. In response to an inquiry by Zoning Administrator Wisneski, Mr. Turner explained the sampling location itself was not unreasonable but the height of the location was an issue and testing Page 3 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/24/2014 should be done at the level of the living space of someone living on the third floor. Zoning Administrator Wisneski clarified that what Mr. Turner wanted was summertime tests for all of the cooling towers, relocating the measurements and raising the height of the locations. Mr. Adams inquired how the 15- minute sound samples were selected and also stated wind direction makes a difference. Eileen Doremus stated that Code Enforcement has been responsive to noise complaints. She spoke about issues with the loading docks and beeping of the delivery trucks and stated that the noise is constant. She also requested speed bumps to slow down speeding vehicles. Discussion ensued about the locations for noise testing. She requested testing in the early morning when trucks are more active. She discussed the HVAC equipment, exhaust fans from the kitchen, odor and traffic on the service road. Patricia Schuler commented on increased noise levels due to expansion of the hospital, noise from machines running 24 hours a day, beeping of trucks and noise from emergency vehicles. She discussed meetings she had with representatives of Hoag and the City Council to alleviate some of the noise issues. Sue Silvas commented on meetings with representatives of Hoag, noise from the cogeneration plant, traffic, delivery trucks waiting for the gate to open and emergency vehicle noise. Wyatt Mechum, a resident of Newport Heights, commented on the HVAC units and potential solutions to block the noise. He also spoke about noise from the trucks. Nancy Knight spoke about landscape maintenance and hedges that are not being maintained. The applicant responded that the hedge in question is on City property although Hoag has maintained it periodically in good faith. She also commented on lights that are being left on all night. Discussion ensued about adequate lighting. Ross Verbano asked if the AQMD had been monitoring emissions from the cogeneration plant diesels. The applicant responded that it is done annually and clarified they are natural gas and not diesel. Dick Runyon passed out photographs and spoke about issues that have not been addressed by Hoag. He asked if preparation of the staff recommendation regarding Hoag's compliance with the Development Agreement is based solely on the report that was submitted. Zoning Administrator Wisneski stated it is also based on staffs observations of the conditions at hand and a review of the Development Agreement. He spoke about dead or dying plants and barren land, trees within the parking area, and plants close to the cogeneration plant. Phil Bias asked what would happen in 2019 when the Development Agreement expires and if Hoag will just be subject to the current zoning in place on those parcels. Principal Planner, Mr. Campbell, responded that the Development Agreement will expire in 5 years and vested rights to build out the rest of the campus would disappear but specific regulations relating to land -use and maintenance would still remain. It was further explained that Hoag would still have to comply with the City's noise ordinance and zoning regulations for landscaping and maintenance. Tom Baker asked if Hoag had done anything to alleviate sound from going to the condos or had put up any structure to direct sound away from the condos. The Hoag representative responded that nothing had been installed recently in terms of a wall or structure but that some areas had been walled off several years ago. He also spoke about issues Hoag is currently addressing such as changing out all of the fire alarm devices, mechanical upgrades to exhaust fans, addressing landscaping issues and potential installation of speed bumps. Mr. Baker asked if the decibels could be measured. Zoning Administrator Wisneski reiterated that the discussion is about compliance with the Development Agreement, not a discussion between speakers and the applicant. Cora Newman, representing the applicant, clarified that there are specific criteria placed on the Development Agreement. She stated that Hoag has met those and has spent a significant amount of money making Page 4 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/24/2014 changes even to those things which are not criteria in the Development Agreement. Ms. Newman also stated the noise study is specific as to what needs to be mitigated and it is Hoag's belief that they are meeting the intent of the Development Agreement. Cary Brooks, representing Hoag, stated that many trees have been replaced, the slope is being renovated, and Hoag is working with a landscape architect to make additional changes. Zoning Administrator Wisneski closed public comments. Zoning Administrator Wisneski stated that this is an example of two different types of uses trying to live with each other and a hospital trying to be a good neighbor. She requested that Hoag add Versailles as a noise monitoring location. She also stated the applicant had provided a detailed list addressing concerns that had previously been raised along with a timeframe. Dick Runyon stated that doing the same thing every year and expecting a different result is not practical. In response, Zoning Administrator Wisneski specifically requested that all four towers be operating when the noise measurements are taken, that noise measurements be taken at Versailles, and with regard to worst - case scenario, have the noise specialist look at the suggested location made by Mr. Turner to see if a better location should be considered. She suggested that residents who have concerns and feel that the noise generated by Hoag is creating a violation at their property provide a complaint in writing so the City can follow up. She appreciated Hoag's openness to address issues but indicated that the requests need to be reasonable. Zoning Administrator Wisneski found that Hoag was in good faith compliance with the terms of the Development Agreement. Action: Approved D. PUBLIC COMMENTS ON NON - AGENDA ITEMS None. E. ADJOURNMENT The hearing was adjourned at 4:56 p.m. The agenda for the Zoning Administrator Hearing was posted on April 18, 2014 at 4:30 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 18, 2014 at 5:50 p.m. Brenda Wisneski, AICP, Zoning Administrator Page 5 of 5