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Home My WebLink About00 - Agenda �E 41"1 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR AGENDA UaN' 100 Civic Center Drive, CDM Conference Room (Bay E-1st Floor) Thursday, May 12, 2016 -3:30 PM Zoning Administrator Members: Patrick J. Alford, Zoning Administrator The Zoning Administrator meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Zoning Administrator agenda be posted at least seventy-two (72) hours in advance of each regular meeting 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 Chair may limit public comments to a reasonable amount of time, generally three(3)minutes per person. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Patrick J. Alford, Zoning Administrator, at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3235 or palford@newportbeachca.gov. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the Community Development Department 24 hours prior to the scheduled meeting. 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. I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES Minutes of April 28, 2016 Draft Minutes of 04-28-2016 III. PUBLIC HEARING(S) 1. Huntress Modification Permit (PA2016-047) Site Location: 1738 Skylark Lane Project Summary A modification permit to allow a 27 percent addition to an existing nonconforming single family residence where the Zoning Code limits additions to 10 percent of the existing gross floor area when the required parking dimensions are not met. The nonconforming garage measures 18 feet 9 inches wide by 20 feet 3 inches deep. The Zoning Code requires minimum dimensions of 20 feet in width and depth. Zoning Administrator Meeting May 12, 2016 Page 2 CEQA Compliance The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _approving Modification Permit No. MD2016-005. Item No. 1 Staff Report 2. Dexter Condominiums Tentative Parcel Map (PA2016-051) Site Location: 514 and 514 '/ Fernleaf Avenue Project Summary Request for a tentative parcel map for condominium purposes. No waivers of Title 19 requirements are requested. An existing single-family residence was demolished and will be replaced with a new two-unit duplex. The Tentative Parcel Map would allow each unit to be sold individually. CEQA Compliance The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). Recommended Action 1. Conduct a public hearing; and 2. Adopt Draft Zoning Administrator Resolution No. _approving Tentative Parcel Map No. NP2016-006. Item No. 2 Staff Report 3. Annual Review of Development Agreement for Pacific View Memorial Park (PA2009-024) Site Location: 3500 Pacific View Drive Project 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 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. CEQA Compliance This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the Zoning Administrator Meeting May 12, 2016 Page 3 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. Recommended Action 1. Conduct a 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. Receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park; and 4. Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. 7. Item No. 3 Staff Report 4. Annual Review of Development Agreement for Uptown Newport (PA2014-039) Site Location: 4311 -4321 Jamboree Road Project 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 the 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. 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. Recommended Action 1. Conduct a public hearing; and Zoning Administrator Meeting May 12, 2016 Page 4 2. Find the annual review is exempt from the California Environmental Quality Act ("CEW) pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 3. Receive and file the Annual Report of Development Agreement for Uptown Newport Planned Community; and 4. Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. DA2012-003. Item No. 4 Staff Report 5. Annual Review of Development Agreement for North Newport Center (PA2009-023) Site Location: Sub-areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza Project Summary An annual review of Development Agreement No. DA2007-002 for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement, executed in 2008 and amended in 2012, vested development rights for regional commercial, office, mixed-use, and residential uses in North Newport Center and required public benefit contributions to the City. The Zoning Administrator will review Irvine Company's good faith compliance with the provisions of the Development Agreement. North Newport Center includes the following sub-areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza. CEQA Compliance The project 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, because it has no potential to have a significant effect on the environment. Recommended Action 1. Continue this item to the May 26, 2016, Zoning Administrator meeting, at the request of the applicant. Item No. 5 Staff Memo IV. PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited on agenda and 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 agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones Zoning Administrator Meeting May 12, 2016 Page 5 off or set them in the silent mode. V. ADJOURNMENT