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HomeMy WebLinkAbout04/30/2015 - Zoning Administrator NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/30/2015 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, April 30, 2015 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 Rosalinh Ung,Associate Planner Melinda Whelan,Assistant Planner B. MINUTES of April 16, 2015 Action: Approved C. PUBLIC HEARING ITEMS ITEM NO. 1 Ritual Yoga Facility Minor Use Permit (PA2015-042) 100 W. Coast Highway, Unit R-103 CD 3 Melinda Whelan, Assistant Planner, provided a brief project description stating that the request was for a minor use permit to establish a yoga facility that would include a yoga studio, locker rooms, and a reception and lobby with pre-packaged beverages. She stated that there were specific conditions included in the resolution and staff was able to make all of the required findings to recommend approval to the Zoning Administrator.Whelan recognized the applicant as being present and stated that she reviewed and agreed to all of the conditions of approval and was available to answer any questions. Gabby, owner of Ritual Yoga, introduced herself and stated that she had nothing to add. The Zoning Administrator asked about music played at the yoga studio and exterior doors. Rob Hastings, architect, also introduced himself and stated that there are exterior doors but that they are emergency exits only and the doors for the yoga studio are inside the tenant space. Ms. Whelan added that Condition No. 9 in the Resolution requires compliance with interior and exterior noise standards of the Municipal Code. The Zoning Administrator opened the public hearing. One member of the public, Jim Mosher, spoke and stated that handwritten page 8 Finding B.2. had an incorrect reference which should be changed to Section 20.20.20. He also commented that we should add the total number of parking spaces and add a condition stating the maximum number of students and classes. There were no other public comments and the Zoning Administrator closed the public hearing. The Zoning Administrator questioned whether or not the new building still had incomplete improvements. The architect confirmed that there are still improvements being made to the shell that are in process by the owner of the building. Ms.Wisneski addressed the public comments and stated that based on excess parking, there is no need to cap the number of students or classes with a condition of approval. Ms. Whelan added that during the building permit process, standard Code requirements for occupancy will be required by the Building Division and Fire Department. The Zoning Administrator made the motion to approve Minor Use Permit No. UP2015-010. Action: Approved Page 1 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/30/2015 ITEM NO.2 Annual Review of Development Agreement for Hoag Memorial Hospital Presbyterian (PA2009-064) 1 Hoag Drive CD 1, 2 & 3 The Zoning Administrator stated that this item was to be continued to the May 14th Zoning Administrator hearing due to a request received from Hoag Hospital. Action: Continued to the May 14, 2015 Zoning Administrator meeting 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 that 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. Ms. Ung also stated that City Council is currently considering an amendment to the Development Agreement proposed by the applicant to defer the public benefit fees and in-lieu park fees. The amendment, if approved, will be included in next year's annual review. Zoning Administrator Wisneski opened the public hearing. Jim Mosher asked staff to clarify the current ownerships of the Uptown Newport project; the timing of public benefit fees and park fees payments and the public park dedication for Phase 1 and Phase 2 developments; the timing of public benefit fees and park fees payments for Phase 2 development if Tower Jazz will exercise their lease extension; and whether the Development Agreement's term includes Tower Jazz's lease extension option. Mr. Rupp, the applicant's representative, clarified the property's current ownerships and the timing of public benefit fees payments for each phase of development. He also clarified the lease terms of Jazz Semi- Conductor as to when they need to be vacated for Phase 2 development and provided updates on construction activities for Phase 1 development. Zoning Administrator Wisneski found that the annual review is exempt from CEQA and determined Uptown Newport was in good faith compliance with the terms of the Development Agreement. Action: Approved ITEM NO.4 Annual Review of Development Agreement for Pacific View Memorial Park (PA2009-024) 3500 Pacific View Drive CD 6 & 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 construction activities between April 2014 and March 2015. 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 opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Page 2 of 3 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 04/30/2015 Zoning Administrator Wisneski commented that Pacific View Memorial Park did a great job in providing landscape screening around the property which was one of the issues that was raised at the review last year. She then stated that Area "H" of the Park is currently underdeveloped and being used as landscape staging area where concrete debris is existing. This area needs to be free of debris and maintained as required by the Development Agreement. Zoning Administrator Wisneski found that the annual review is exempt from CEQA and determined that Pacific View Memorial Park was in good faith compliance with the terms of the Development Agreement. Action: Approved D. PUBLIC COMMENTS ON NON-AGENDA ITEMS A member of the public, Mr. Jim Mosher, commented on Item No. 1 from the Zoning Administrator meeting of April 16, 2015, stating that he was under the impression that limited term permits required a 30-day break if they run for two (2) years; and said he found it odd that he had seen the same vehicles in the parking lot for the preceding two (2) weeks. E. ADJOURNMENT The hearing was adjourned at 3:56 p.m. The agenda for the Zoning Administrator Hearing was posted on Thursday, April 23, 2015, at 3:09 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 Thursday, April 23, 2015, at 3:14 p.m. red Wisneski, AI P, Zoning Administrator Page 3 of 3