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HomeMy WebLinkAbout09 - Planning Commission Agenda and Action ReportJune 9, 2020 Agenda Item No. 9 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JUNE 4, 2020 REGULAR MEETING — 6:30 P.M. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MAY 7, 2020 To comment on this item during the meeting, please call 949-270-8165. Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. 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. ITEM NO. 2 AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) Site Location: Public right-of-way, City streetlight number SLC0796. At the northwestern corner of Balboa Boulevard and 301h Street. To comment on this item during the meeting, please call 949-270-8165. Summary: An appeal of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches. Support equipment will be in an adjacent below grade vault. Recommended Action: 1. Conduct a public hearing; 1 of 3 Planning Commission Regular Meeting Agenda June 4, 2020 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the State CEQA (California Environmental Quality Act) Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 exemption under Section 15300.2 do not apply; and 3. Adopt Resolution No. PC2020-018 affirming the decision of the Zoning Administrator and approving Minor Use Permit No. UP2019-030 with the attached Findings and Conditions. ITEM NO. 3 AT&T SMALL CELL SLC4653 CALL FOR REVIEW (PA2019-115) Site Location: Public right-of-way, city streetlight number SLC4653. On the north side of Bayside Drive, approximately 900 feet northwest of EI Paseo Drive. To comment on this item during the meeting, please call 949-270-8165. Summary: A call for review by the Planning Commission of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Bayside Drive and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 27 feet, 5 inches. Support equipment will be in an adjacent below grade vault. Recommended Action: Receive and file. This item has been canceled because the call for review was not timely filed during the 14 -day appeal/call for review period prescribed by the Newport Beach Municipal Code. ITEM NO. 4 NEWPORT AIRPORT VILLAGE (PA2014-225) Site Location: 4525 MacArthur Boulevard To comment on this item during the meeting, please call, 949-270-8165. Summary: The applications listed below would allow for the redevelopment of approximately 16.46 acres of the northerly portion of the Campus Tract to create a new mixed-use commercial and residential development. The site is located near at the corner of MacArthur Blvd. and Birch St. in the Airport Area of the City. The site is currently allowed a maximum development of 358,498 square feet of nonresidential uses by the General Plan and Zoning Code. If approved, the requested applications would reduce nonresidential uses to 297,572 square feet and accommodate up to 444 dwelling units on about a 7.14 -acre portion of the project site that is not subjected to excessive noise or within a JWA safety zone that would prohibit residential development. The applicant, requests approval of the following legislative applications from the City of Newport Beach: General Plan Amendment — To designate the site as an Anomaly on Table LU2 — Anomaly Locations of the Land Use Element to change the land use category from AO (Airport Office and Supporting uses) to MU -H2 (Mixed Use Horizontal). The proposed amendment includes no additional dwelling units in beyond those currently allowed by the MU -H2 land use category of the General Plan. The amendment would allow up to 329 base units that are already allowed by the General Plan and up to 115 additional dwelling units would be allowed pursuant to State density bonus law provided affordable housing units are constructed. 2 of 3 Planning Commission Regular Meeting Agenda June 4, 2020 • Zoning Code Amendment — To change the zoning district of the project site from OA (Office Airport) to PC (Newport Airport Village Planned Community). • Planned Community Development Plan — To adopt the Newport Airport Village Planned Community Development Plan (PCDP) that will include development and design regulations to allow for mixed-use development with residential dwelling units, office, retail and other commercial development and uses. • Development Agreement — Review of a proposed development agreement that would provide certain rights to develop the project consistent with the PCDP in exchange for negotiated public benefits. The applications listed would not authorize a specific development project at this time. The legislative actions would only establish the policies and regulations that a future project proponent would need to follow. Recommended Action: 1. Conduct a public hearing; 2. Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report (PEIR) for the 2006 General Plan Update (SCH No. 2006011119) and the Supplemental Environmental Impact Report (SEIR) for the 2014 Land Use Element Amendment (SCH No. 2013101064); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR and SEIR is the appropriate environmental documentation for the Project; 3. Adopt Resolution No. PC2020-020 recommending the City Council adoption of Environmental Impact Report Addendum No. ER2020-002 and approval of General Plan Amendment No. GP2014-004 (including a waiver of the neighborhood park dedication requirement pursuant to General Plan Policy LU 6.15.13), Zoning Code Amendment No. CA2014-009, Planned Community Development Plan No. PC2020-002 (including a waiver of the density standards of General Plan Policy LU 6.15.7 pursuant to Government Code §65915(e)(1), and Development Agreement No. DA2014-003 for the Newport Airport Village Planned Community Project, located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600 and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard (PA2014-225). VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 9, 2020 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Community Development Director, jcampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for June 4, 2020 CONSENT ITEMS: ITEM NO. 1 SUMMARY: ACTION MINUTES OF MAY 7, 2020 Draft minutes from the May 7, 2020, meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits. The Commission approved minutes including the edits by the following vote: AYES: Ellmore, Klaustermeier, Kleiman, Koetting, and Weigand NOES: None ABSENT: Lowrey ABSTAIN: Rosene Approved as amended PUBLIC HEARING ITEMS: ITEM NO. 2 AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) Site Location: Public right-of-way, City streetlight number SLC0796. At the northwestern corner of Balboa Boulevard and 30th Street. SUMMARY: An appeal of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City - owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches. Support equipment will be in an adjacent below grade vault. The Planning Commission removed this item from the calendar at the request of staff to conduct additional analysis by the following vote: 9-1 Planning Commission Agenda Report for June 4, 2020 June 9, 2020 Page 2 AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: None ABSENT: Lowrey ABSTAIN: None ACTION: Item removed from calendar ITEM NO. 3 AT&T SMALL CELL SLC4653 CALL FOR REVIEW (PA2019-115) Site Location: Public right-of-way, city streetlight number SLC4653. On the north side of Bayside Drive, approximately 900 feet northwest of EI Paseo Drive. SUMMARY: A call for review by a Planning Commissioner of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Bayside Drive and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 27 feet, 5 inches. Support equipment will be in an adjacent below grade vault. The call for review by Commissioner Weigand was received one day after the end of the 14 -day appeal/call for review period prescribed by the Municipal Code. Therefore, the call for review was not valid and no action can be taken on the application. The minor use permit is approved and effective. ACTION: Received and filed ITEM NO. 4 NEWPORT AIRPORT VILLAGE (PA2014-225) Site Location: 4525 MacArthur Boulevard SUMMARY: The applications listed below would allow for the redevelopment of approximately 16.46 acres of the northerly portion of the Campus Tract to create a new mixed-use commercial and residential development. The site is located near at the corner of MacArthur Blvd. and Birch St. in the Airport Area of the City. The site is currently allowed a maximum development of 358,498 square feet of nonresidential uses by the General Plan and Zoning Code. If approved, the requested applications would reduce nonresidential uses to 297,572 square feet and accommodate up to 444 dwelling units on about a 7.14 -acre portion of the project site not subjected to excessive noise or within a JWA Safety Zone 3. The applicant, requests approval of the following legislative applications from the City of Newport Beach: General Plan Amendment — to change the land use category of the site from AO (Airport Office and Supporting uses) to MU -H2 (Mixed Use Horizontal) and to designate the site as an Anomaly on Table LU2 — Anomaly Locations of the Land Use Element. The proposed amendment includes no additional dwelling units in beyond those currently allowed by the MU -H2 land use category of the General Plan. The amendment would allow up to 329 base units that are already allowed by the General Plan and up to 115 additional dwelling units would be allowed pursuant to State density bonus law provided affordable housing units are constructed. 9-2 Planning Commission Agenda Report for June 4, 2020 June 9, 2020 Page 3 Zoning Code Amendment — to change the zoning district of the project site from OA (Office Airport) to PC (Newport Airport Village Planned Community). Planned Community Development Plan — to adopt the Newport Airport Village Planned Community Development Plan (PCDP) that will include development and design regulations (zoning regulations) to allow for mixed- use development with residential dwelling units, office, retail and other commercial development and uses. Development Agreement — a development agreement would provide certain rights to develop the project consistent with the PCDP in exchange for negotiated public benefits to the community. The applications listed would not authorize a specific development project at this time. The legislative actions would only establish the policies and regulations that a future project proponent would need to follow. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote: AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: None ABSENT: Lowrey ABSTAIN: None ACTION: Approved as recommended 9-3