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HomeMy WebLinkAbout17 - Planning Comission Agenda and Action ReportSeptember 13, 2016 Agenda Item No.17 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 18, 2016 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 JULY 21, 2016 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 TROESH RESIDENCE APPEAL (PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive Continued from July 21, 2016 Summary: An appeal of the Planning Commission's decision to deny Modification Permit No. MD2015-008 and Variance No. VA2015-003. On December 17, 2015, by a vote of 5-2, the Planning Commission of the City of Newport Beach denied the following requests in conjunction with a proposed 4,451 - square -foot detached single -unit dwelling: • Modification Permit — to allow an addition greater than 10 percent (of the existing on-site floor area) on property with nonconforming parking. A separate detached dwelling fronts Catalina Drive and has nonconforming parking. The interior width of the existing two -car garage is narrower than the minimum requirement. • Variance — to allow a retaining wall and guardrail to exceed the 42 -inch height limit in the 5 -foot front setback adjacent to La Jolla Drive. Since filing the appeal January 4, 2016, the appellant revised the project design in response to comments raised by the Planning Commission and the public. On June 14, 2016, the City Council referred the revised project back to the Planning Commission for further consideration pursuant to 1 of 4 Section 20.64.030.D.2 of the Zoning Code. After the Planning Commission reconsiders the project, the City Council will take final action at a date to be determined. CEQA Compliance: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Table consideration of the item, at the request of the applicant. ITEM NO. 3 C2 EDUCATIONAL SYSTEMS (PA2016-114) Site Location: 2121 East Coast Highway Summary: A conditional use permit to allow a tutoring center for students from 3rd Grade to 12th Grade. The proposed use would be located in an approximately 1,700 -square -foot tenant space within the ground - level of an existing commercial office building. 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 Resolution No. approving Conditional Use Permit No. UP2016-030. ITEM NO.4 AUTONATION PORSCHE OF NEWPORT BEACH (PA2015-095) Site Location: 150 Newport Center Drive Summary: Site Development Review, Conditional Use Permit, and Traffic Study for the construction and operation of a 37,347 square foot automobile sales and service facility (dealership) including a showroom, outdoor vehicle display areas, offices, service facility, vehicle inventory storage and employee parking on the roof of the building. A Tentative Parcel Map is proposed to consolidate 11 existing lots creating one 1.64 acre lot. Existing commercial uses and buildings will be removed. The project also includes a 12 -foot dedication along the Coast Highway frontage and will include the widening of Coast Highway creating a new 3rd northbound traffic lane fronting the project site and the two abutting properties to the east and west. CEQA Compliance: A Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. 2 of 4 Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. adopting Mitigated Negative Declaration No. ND2016-003, finding Traffic Study No. 2015-001 consistent with the Traffic Phasing Ordinance, and approving Site Development Review SD2015-002, Conditional Use Permit No. UP2015-025, and Parcel Map No. NP2015-010. ITEM NO. 5 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive Continued from July 21, 2016 Summary: The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 7 -story 49 -unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests following approvals from the City of Newport Beach: • General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 49 dwelling units. • Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. • Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 49 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 75 feet 6 inches with mechanical appurtenances up to 83 feet 6 inches was discussed in the EIR although a reduced height is also considered. • Site Development Review - to allow the construction of 49 multi -family dwelling units. • Tentative Tract Map -to establish a 49 -unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. • Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). CEQA Compliance: An Environmental Impact Report, SCH No. 2016011032, has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City has prepared the draft EIR, which was distributed for public comment beginning May 13, 2016 through June 27, 2016. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. and attached Exhibits recommending the City Council approve a reduced project height and: • Adopt Environmental Impact Report No. ER2015-002; and 3 of 4 • Approve General Plan Amendment No. GP2014-003, Code Amendment No. CA2014- 00808; Planned Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2014-002. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 4 of 4 �WPo CITY OF z NEWPORT BEACH <,FORN'P City Council Staff Report September 13, 2016 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-644-3297 TITLE: Planning Commission Agenda Report for August 18, 2016 ITEM NO. 1 MINUTES OF JULY 21, 2016 The minutes were amended and approved. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, and Weigand NOES: None ABSENT: None ABSTAIN: Zak PUBLIC HEARING ITEMS: ITEM NO. 2 TROESH RESIDENCE APPEAL (PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive SUMMARY: An appeal of the Planning Commission's decision to deny Modification Permit No. MD2015-008 and Variance No. VA2015-003. On December 17, 2015, by a vote of 5-2, the Planning Commission of the City of Newport Beach denied the following requests in conjunction with a proposed 4,451 -square -foot detached single -unit dwelling: Modification Permit — to allow an addition greater than 10 percent (of the existing on-site floor area) on property with nonconforming parking. A separate detached dwelling fronts Catalina Drive and has nonconforming parking. The interior width of the existing two -car garage is narrower than the minimum requirement. Variance — to allow a retaining wall and guardrail to exceed the 42 -inch height limit in the 5 -foot front setback adjacent to La Jolla Drive. Since filing the appeal January 4, 2016, the appellant revised the project design in response to comments raised by the Planning Commission and the public. On June 14, 2016, the City Council referred the revised project back to the Planning Commission for further consideration pursuant to Section 20.64.030.D.2 of the Zoning Code. After the Planning Commission reconsiders the project, the City Council will take final action at a date to be determined. Planning Commission Agenda Report September 13, 2016 Page 2 CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Planning Commission voted unanimously to table the item. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Weigand, and Zak NOES: None ABSENT: None ABSTAIN: None ITEM NO. 3 C2 EDUCATIONAL SYSTEMS (PA2016-114) Site Location: 2121 East Coast Highway SUMMARY: A conditional use permit to allow a tutoring center for students from 3rd Grade to 12th Grade. The proposed use would be located in an approximately 1,700 -square - foot tenant space within the ground -level of an existing commercial office building. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Planning Commission voted unanimously to approve the project with the recommended changes to the conditions. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Weigand, and Zak NOES: None ABSENT: None ABSTAIN: None ITEM NO. 4 AUTONATION PORSCHE OF NEWPORT BEACH (PA2015-095) Site Location: 320-600 W. Coast Highway in the Mariner's Mile area approximately 500 feet west of the intersection of West Coast Highway and Dover Drive SUMMARY: Site Development Review, Conditional Use Permit, and Traffic Study for the construction and operation of a 37,347 square foot automobile sales and service facility (dealership) including a showroom, outdoor vehicle display areas, offices, service facility, vehicle inventory storage and employee parking on the roof of the building. A Tentative Parcel Map is proposed to consolidate 11 existing lots creating one 1.64 acre lot. Existing commercial uses and buildings will be removed. The project also includes a 12 -foot dedication along the Coast Highway frontage and will include the widening of Coast Highway creating a new 3rd northbound traffic lane fronting the project site and the two abutting properties to the east and west. CEQA COMPLIANCE: A Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/ceciadocuments. Planning Commission Agenda Report September 13, 2016 Page 3 The Planning Commission voted to continue the item to allow additional outreach by the applicant to the adjacent residential communities and for the applicant to consider additional design options. Staff will provide a new public notice prior to bringing the item back to the Planning Commission. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Weigand, and Zak NOES: None ABSENT: None ABSTAIN: None ITEM NO. 5 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive Continued from July 21, 2016 SUMMARY: The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 7 -story 49 -unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests following approvals from the City of Newport Beach: • General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 49 dwelling units. • Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. • Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 49 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 75 feet 6 inches with mechanical appurtenances up to 83 feet 6 inches was discussed in the EIR although a reduced height is also considered. • Site Development Review - to allow the construction of 49 multi -family dwelling units. • Tentative Tract Map -to establish a 49 -unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. • Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). CEQA COMPLIANCE: An Environmental Impact Report, SCH No. 2016011032, has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City has prepared the draft EIR, which was distributed for public comment beginning May 13, 2016 through June 27, 2016. Copies of the Environmental Impact Report and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. The Planning Commission discussed several zoning options and directed staff to return on September 1, 2016 for further consideration of including the project in Planning Commission Agenda Report September 13, 2016 Page 4 the existing and adjacent North Newport Center Planned Community Plan (PC - 56) as well as the remaining entitlement requests. AYES: Hillgren, Koetting, Kramer, Lawler, and Zak NOES: Dunlap and Weigand ABSENT: None ABSTAIN: None September 13, 2016 Agenda Item No.17 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 1, 2016 STUDY SESSION – 4:30 P.M./REGULAR MEETING – 6:30 P.M. ROLL CALL CURRENT BUSINESS ITEM NO. SS1 MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Site Location: 850 San Clemente Drive Summary: Related California Urban Housing, LLC who is the Project Applicant, is seeking approval of a 100 - residential unit condominium tower—the Museum House project (proposed project). The proposed project includes demolition of the existing Orange County Museum of Art building. The proposed tower consists of 25 -floors totaling approximately 295 feet and two levels of subterranean parking. The project site is approximately two acres (86,942 square feet) and is located between Santa Cruz Drive to the east and Santa Barbara Drive to the west. The application includes requests for a General Plan Amendment, Planned Community Development Plan Amendment, Tentative Tract Map, Traffic (TPO) Study, Site Development Review and a Development Agreement. CEQA Compliance: A Draft Environmental Impact Report (DEIR), SCH No. 2016021023, has been prepared for the project and is available for public review and comment through September 30, 2016. The document can viewed at the Planning Division, all City libraries and may also be accessed online at: hftp://www.newportbeachca.gov/index.aspx?page=1347 Recommended Action: 1. Receive presentation on the Museum House Residential Project. No formal action will be taken. III. 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. IV. RECESS V. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING VI. CALL MEETING TO ORDER VII. PLEDGE OF ALLEGIANCE VIII. ROLL CALL IX. 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. X. REQUEST FOR CONTINUANCES 1 of 4 XI. CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 18, 2016 Recommended Action: Approve and file XII. 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 LIDO BOTTLE WORKS CONDITIONAL USE PERMIT (PA2016-102) Site Location: 3408 Via Oporto, Suites 102 and 103 Summary: A conditional use permit to allow a restaurant, Lido Bottle Works, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. The floor plan includes a 49 -square -foot walk-in refrigeration unit with off -sale beer and wine sales. Pursuant to NBMC 5.25, the operation as described requires the owner/operator to obtain an Operator License through the City because the proposed building and tenant improvements to the establishment result in a change in occupancy. If approved, this Conditional Use Permit will supersede Use Permit No. UP1905 and its subsequent amendments. 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 Resolution No. approving Conditional Use Permit No.UP2016-027 as modified without the requested off -sale alcohol sales component. ITEM NO. 3 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive Summary: The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the proposed development of a 6 -story 45 -unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals from the City of Newport Beach: General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for up to 45 dwelling units. The Planning Commission may also consider an alternative mixed-use land use designation such as MU -H3 (Mixed -Use Horizontal). Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) and establish a new Planned Community Development Plan for the site. The Planning Commission may also consider alternative Zoning to incorporate the property into an existing Planned Community 2 of 4 Development Plan or Zoning District including: PC -56 (North Newport Center Planned Community), PC -54 (Santa Barbara Condominiums Planned Community), PC -30 (Villa Point Planned Community), PC -21 (Sea Island Apartments Planned Community), or RM (Multiple Unit Residential) Zoning District. • Planned Community Development Plan - to establish or amend an existing planned community development plan (PC) for the site that includes development and design standards for up to 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height of 75 feet 6 inches to top of roof was discussed in the Environmental Impact Report (EIR) although a reduced height of 65 feet 6 inches is currently requested by the applicant. • Site Development Review - to allow the construction of up to 45 multi -family dwelling units. • Tentative Tract Map - to establish up to a 45 -unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. • Environmental Impact Report - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and EIR are warranted for this project pursuant to the California Environmental Quality Act (CEQA). • Revoke Use Permit - If approved, this action will supersede and revoke Use Permit No. 1461, which allows the existing car wash on-site. CEQA Compliance: An EIR SCH No. 2016011032, has been prepared in connection with the application noted above. The City has prepared the draft EIR, which was distributed for public comment beginning May 13, 2016 through June 27, 2016. Copies of the EIR and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving (Attachment No. PC 1) and attached Exhibits recommending the City Council approve a reduced project height of 50 feet (4- stories) as measured in the PC -56 (North Newport Center Planned Community) for Block 100 and: Certify Environmental Impact Report No. ER2015-002; Approve Mitigation Monitoring and Reporting Program, General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-00808; Planned Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2014-002; and Revoke Use Permit No. UP1461. XIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items 3 of 4 ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES XIV. ADJOURNMENT 4 of 4 <C SEW Pp�T CITY OF O � z NEWPORT BEACH i FO City Council Staff Report < RN September 13, 2016 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-644-3297 TITLE: Planning Commission Agenda Report for September 1, 2016 STUDY SESSION ITEM NO. SS1 MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Site Location: 850 San Clemente Drive SUMMARY: Related California Urban Housing, LLC who is the Project Applicant, is seeking approval of a 100residential unit condominium tower—the Museum House project (proposed project). The proposed project includes demolition of the existing Orange County Museum of Art building. The proposed tower consists of 25 -floors totaling approximately 295 feet and two levels of subterranean parking. The project site is approximately two acres (86,942 square feet) and is located between Santa Cruz Drive to the east and Santa Barbara Drive to the west. The application includes requests for a General Plan Amendment, Planned Community Development Plan Amendment, Tentative Tract Map, Traffic (TPO) Study, Site Development Review and a Development Agreement. CEQA COMPLIANCE: A Draft Environmental Impact Report (DEIR), SCH No. 2016021023, has been prepared for the project and is available for public review and comment through September 30, 2016. The document can viewed at the Planning Division, all City libraries and may also be accessed online at: http://www.newportbeachca.qov/index.aspx?page=1 347 The Planning Commission received the presentation for the project and requested additional analysis be conducted regarding specific project issues. No formal action was taken. CURRENT BUSINESS ITEM NO. 1 MINUTES OF AUGUST 18, 2016 The minutes were amended and approved. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, and Zak NOES: None ABSENT: Weigand Planning Commission Agenda Report September 13, 2016 Page 2 ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 LIDO BOTTLE WORKS CONDITIONAL USE PERMIT (PA2016-102) Site Location: 3408 Via Oporto, Suites 102 and 103 SUMMARY: A conditional use permit to allow a restaurant, Lido Bottle Works, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. The floor plan includes a 49 -square -foot walk-in refrigeration unit with off -sale beer and wine sales. Pursuant to NBMC 5.25, the operation as described requires the owner/operator to obtain an Operator License through the City because the proposed building and tenant improvements to the establishment result in a change in occupancy. If approved, this Conditional Use Permit will supersede Use Permit No. UP1905 and its subsequent amendments CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). The Planning Commission approved the project as requested by the applicant and modified the conditions to require the Use Permit reviewed by the Planning Commission after one-year of operation. AYES: Hillgren, Koetting, Kramer, Lawler, and Zak NOES: Dunlap ABSENT: Weigand ABSTAIN: None ITEM NO. 3 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive SUMMARY: The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the proposed development of a 6 -story 45 -unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals from the City of Newport Beach: General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for up to 45 dwelling units. The Planning Commission may also consider an alternative mixed-use land use designation such as MU -H3 (Mixed -Use Horizontal). Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) and establish a new Planned Community Development Plan for the site. The Planning Commission may also consider alternative Zoning to incorporate the property into an existing Planned Community Development Plan or Zoning District including: PC -56 (North Newport Center Planned Community), PC -54 (Santa Barbara Condominiums Planned Community), PC -30 (Villa Point Planned Community), PC -21 (Sea Island Apartments Planned Community), or RM (Multiple Unit Residential) Zoning District. Planned Community Development Plan - to establish or amend an existing planned community development plan (PC) for the site that includes development and design standards for up to 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height of 75 feet 6 inches to top of roof was discussed in the Planning Commission Agenda Report September 13, 2016 Page 3 Environmental Impact Report (EIR) although a reduced height of 65 feet 6 inches is currently requested by the applicant. • Site Development Review - to allow the construction of up to 45 multi -family dwelling units. • Tentative Tract Map - to establish up to a 45 -unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. • Environmental Impact Report - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and EIR are warranted for this project pursuant to the California Environmental Quality Act (CEQA). • Revoke Use Permit - If approved, this action will supersede and revoke Use Permit No. 1461, which allows the existing car wash on-site. CEQA COMPLIANCE: An EIR SCH No. 2016011032, has been prepared in connection with the application noted above. The City has prepared the draft EIR, which was distributed for public comment beginning May 13, 2016 through June 27, 2016. Copies of the EIR and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. The Planning Commission voted to recommend denial of the project to the City Council. AYES: Dunlap, Hillgren, Koetting, Kramer, Weigand NOES: Lawler and Zak ABSENT: None ABSTAIN: None