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HomeMy WebLinkAbout0 - AgendaBrenda Wisneski, Zoning Administrator Staff Members: James Campbell, Principal Planner Rosalinh Ung, Associate Planner A) CALL MEETING TO ORDER B) MINUTES OF APRIL 10, 2014 C) PUBLIC HEARING ITEMS Item No. 1. Cucina Enoteca Restaurant Minor Use Permit No. UP2014 -002 951 Newport Center Drive; Fashion Island, Pad D Council District 5 Summary: A Minor Use Permit application for an eating and drinking establishment (restaurant) with late hours (after 11:00 p.m.) and alcohol sales. A restaurant that previously operated at this location was demolished, and a new 7,198- square -foot restaurant building with a 1,325- square -foot outdoor dining area is under construction. The proposed hours of operation are from 9:00 a.m. to 2:00 a.m., daily. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. The property is located in the PC -56 (North Newport Center) District. Recommended Action: 1) Conduct public hearing, and 2) Adopt Resolution No. approving Minor Use Permit No. UP2014 -002 CEQA Compliance: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Item No. 2. Annual Review of Development Agreement for Pacific View (PA2009 -024) 3500 Pacific View Drive Council District 7 Summary: Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code, the City is conducting a review of Development Agreement No. 7 (DA2006 -001) for Pacific View Memorial Park. The Development This hearing is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Zoning Administrator's agenda be posted at least seventy -two (72) hours in advance of each regular hearing and that the public be allowed to comment on agenda items before the Zoning Administrator and items not on the agenda but are within the subject matter jurisdiction of the Zoning Administrator. The Zoning Administrator may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act ( "ADA ") in all respects. If, as an attendee or a participant at this hearing, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the Community Development Department at least forty -eight (48) hours prior to the hearing to inform us of your particular needs and to determine if accommodation is feasible at 949 -644 -3200. CITY OF NEWPORT BEACH ��EwPO,q. a ZONING ADMINISTRATOR AGENDA F Newport Beach City Hall 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E -1st Floor) Thursday, April 24, 2014 — 3:30 p.m. Brenda Wisneski, Zoning Administrator Staff Members: James Campbell, Principal Planner Rosalinh Ung, Associate Planner A) CALL MEETING TO ORDER B) MINUTES OF APRIL 10, 2014 C) PUBLIC HEARING ITEMS Item No. 1. Cucina Enoteca Restaurant Minor Use Permit No. UP2014 -002 951 Newport Center Drive; Fashion Island, Pad D Council District 5 Summary: A Minor Use Permit application for an eating and drinking establishment (restaurant) with late hours (after 11:00 p.m.) and alcohol sales. A restaurant that previously operated at this location was demolished, and a new 7,198- square -foot restaurant building with a 1,325- square -foot outdoor dining area is under construction. The proposed hours of operation are from 9:00 a.m. to 2:00 a.m., daily. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. The property is located in the PC -56 (North Newport Center) District. Recommended Action: 1) Conduct public hearing, and 2) Adopt Resolution No. approving Minor Use Permit No. UP2014 -002 CEQA Compliance: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Item No. 2. Annual Review of Development Agreement for Pacific View (PA2009 -024) 3500 Pacific View Drive Council District 7 Summary: Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code, the City is conducting a review of Development Agreement No. 7 (DA2006 -001) for Pacific View Memorial Park. The Development This hearing is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Zoning Administrator's agenda be posted at least seventy -two (72) hours in advance of each regular hearing and that the public be allowed to comment on agenda items before the Zoning Administrator and items not on the agenda but are within the subject matter jurisdiction of the Zoning Administrator. The Zoning Administrator may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act ( "ADA ") in all respects. If, as an attendee or a participant at this hearing, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the Community Development Department at least forty -eight (48) hours prior to the hearing to inform us of your particular needs and to determine if accommodation is feasible at 949 -644 -3200. City of Newport Beach Zoning Administrator Agenda April 24, 2014 Agreement was executed in 1995 and amended in 2007, and ensures the orderly construction of the cemetery. The Zoning Administrator will review Pacific View Memorial Park's good faith compliance with the provisions of the Development Agreement. Pacific View Memorial Park is located at 3500 Pacific View Drive. The property is located in the PI (Private Institutions) District. Recommended Action: 1) Conduct public hearing; and 2) Find the annual review is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 3) Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. 7; and 4) Receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park (Attachment No. ZA 2). yx�L Compliance: This project is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Item No. 3. Annual Review of Development Agreement for Uptown Newport (PA2014 -039) 4311 -4321 Jamboree Road Council District 3 Summary: Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code, the City is conducting a review of Development Agreement No. DA2012 -003 for the Uptown Newport project. The Development Agreement was executed in 2013, and it ensures the orderly construction of Uptown Newport Planned Community, a 25 -acre, mixed -use residential project consisting of 1,244 residential units, two one -acre public parks and 11,500 square feet of retail uses. The Zoning Administrator will review Uptown Newport's good faith compliance with the provisions of the Development Agreement. The Uptown Newport Planned Community is located at 4311 -4321 Jamboree Road. The property is located in the PC -58 (Uptown Newport) District. C - • r2�$7Iili=70 Action: 1) Conduct public hearing; and 2) Find the annual review is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 3) Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. DA2012 -003; and 4) Receive and file the Annual Report of Development Agreement for Uptown Newport Planned Community (Attachment No. ZA 2). CEQA Compliance: This project is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it REV: 02 -07 -14 City of Newport Beach Zoning Administrator Agenda April 24, 2014 Item No. 4. has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Annual Review of Development Agreement for Hoag Memorial Hospital Presbyterian (PA2009 -064) 1 Hoag Drive Council District 2 Summary: Pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code, the City is conducting a review of the an amended Development Agreement between The City and Hoag Hospital. The City and Hoag Hospital entered into a Development Agreement in 1994, which was amended in 2008, for the purpose of ensuring the orderly expansion of Hoag Hospital. The review will examine Hoag's good faith compliance with the provisions of the Development Agreement, the Planned Community Development Plan District Regulations and applicable environmental mitigation measures. Hoag Hospital is located at 1 Hoag Drive, which is south of Hospital Road, west of Newport Boulevard, north of Coast Highway and generally south and east of two residential communities (Villa Balboa and Versailles). The property is located in the PC -38 (Hoag Hospital) District. Action: 1) Conduct public hearing; and 2) Find the annual review is exempt from the California Environmental Quality Act ( "CEQA') pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 3) Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. 5; and 4) Receive and file the Annual Report of Development Agreement for Hoag Memorial Hospital Presbyterian (Attachment No. ZA 2). CEQA Compliance: This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. D) PUBLIC COMMENTS ON NON - AGENDA ITEMS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Zoning Administrator. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Zoning Administrator has the discretion to extend or shorten the speakers' time limit on non - agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. REV: 02 -07 -14 City of Newport Beach Zoning Administrator Agenda April 24, 2014 E) ADJOURNMENT If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. The agendas, minutes, and staff reports are available on the City's web site at: www. newportbeachca .gov /zoningadministrator and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at (949) 644 -3200. APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. REV: 02 -07 -14