HomeMy WebLinkAbout08 - Planning Commission Agenda and Action ReportOctober 11, 2016
Agenda Item No. 8
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 6, 2016
REGULAR MEETING — 6:30 P.M.
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.
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ITEM NO. 1 MINUTES OF SEPTEMBER 22, 2016
Recommended Action: Approve and file
ITEM NO. 2 MINUTES OF SEPTEMBER 26, 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. 3 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 38,473 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. A Variance application
was added after the August 18, 2016, hearing based upon Planning Commission comments
to potentially allow a cover for the rooftop parking, which would exceed the 35 -foot height
limit. The applicant is not proposing a full rooftop cover or a Variance. 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.
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CEQA Compliance:
A Mitigated Negative Declaration has been prepared by the City of Newport Beach in
connection with the application noted above. The Mitigated Negative Declaration states that, the
subject development will not result in a significant effect on the environment with the
incorporation of several mitigation measures. 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 Mitigated 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.
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.4 ORANGE THEORY FITNESS CONDITIONAL USE PERMIT (PA2016-116)
Site Location: 3021 East Coast Highway
Summary:
A conditional use permit to establish a 2,783 -square -foot health and fitness facility in a
vacant retail space within a shopping center. The facility would offer group training sessions
and would have a maximum of 24 students and four employees. The facility utilizes a mix of
treadmills, rowing machines, benches, free weights, and suspension unit training within the
tenant space. Proposed hours of operation are 5:00 a.m. to 8:00 p.m. Monday through
Friday and 6:00 a.m. to 4:00 p.m. Saturday and Sunday. Also included is a request to waive
2 required parking spaces.
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. UP2016-031.
ITEM NO. 5 DORY DELI EXPANSION (PA2016-067)
Site Location: 2108 % West Ocean Front
Summary:
A request for a conditional use permit to expand the existing restaurant into the adjacent 475 -
square -foot retail tenant space to create new dining area with a bar counter. Also included is a
request to change the existing Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) license to a Type 47 (On Sale General — Eating Place) ABC license.
The applicant is proposing to operate from 9:00 a.m. to 11:30 p.m., Monday through Thursday,
and 9:00 a.m. to 12:30 a.m. on Friday through Sunday. There will be no live entertainment or
dancing. Pursuant to NBMC 5.25, the operation as described requires the owner/operater to
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obtain an operator license with the approval of a conditional use permit. Also requested is a
reduction of the required off-street parking in conjunction with the proposed expansion.
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. UP2016-016.
ITEM NO. 6 GENERAL PLAN LAND USE ELEMENT CORRECTION - NEWPORT COAST
(PA2006-159)
Site Location: Citywide
Summary:
During the 2014 Land Use Element Amendment project, staff identified an error in Land Use
Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to accurately
account for all the allowed development capacity in Anomaly No. 60. Anomaly No. 60 is
located in Newport Coast and identifies the allowed number of hotel rooms and related floor
area development capacity. This recommended correction will resolve the error of fact and
will make the general plan development capacity consistent with the Newport Coast Local
Coastal Program, the terms of the Newport Coast Annexation and Development Agreement,
and with the terms of the Cooperative Agreement with the County of Orange.
CEQA Compliance:
This correction of a factual error is covered by the general rule that the California
Environmental Quality Act (CEQA) applies only to projects that have the potential for causing
a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It
can be seen with certainty that there is no possibility that this activity will have a significant
effect on the environment. Therefore, this activity is not subject to CEQA.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. approving that the proposed correction to the Land Use
Element related to Anomaly No. 60 located in Newport Coast is accurate and
consistent with Section 8 of City Council Resolution No. 2006-76, adopting the City
of Newport Beach 2006 General Plan.
ITEM NO. 7 NEWPORT COAST DEVELOPMENT AGREEMENT (PA2016-165)
Site Location: Citywide
Summary:
The applicant requests to extend the term of the Annexation and Development Agreement
between the City of Newport Beach (City) and Irvine Company and Irvine Community
Development Company concerning the Newport Coast and Adjacent Properties (Agreement)
as specified in Section 10.1 of the Agreement from January 1, 2017 to January 1, 2032. No
other substantive changes, including changes to commercial and residential development
capacity, are proposed.
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CEQA Compliance:
All significant environmental concerns for the proposed project have been addressed in the
previously prepared environmental documents certified by the County and described in
Exhibit C of the Agreement, and the City intends to use said documents for the Agreement
amendment, and further that there are no additional reasonable alternative or mitigation
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and inspection
at the City's Planning Division.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. approving the First Amendment to the Annexation and
Development Agreement DA2016-002.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 8 MOTION FOR RECONSIDERATION
ITEM NO. 9 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
2. Update on City Council Items
ITEM NO. 10 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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P_ CITY OF
NEWPORT BEACH
FoP City Council Staff Report
October 11, 2016
Agenda Item No. 8
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 October 6, 2016
ITEM NO. 1 MINUTES OF SEPTEMBER 22, 2016
The minutes were amended and approved.
AYES: Dunlap, Hillgren, Koetting, and Weigand
NOES: None
ABSENT: Lawler
ABSTAIN: Kramer and Zak
ITEM NO. 2 MINUTES OF SEPTEMBER 26, 2016
The minutes were amended and approved.
AYES:
NOES:
ABSENT:
ABSTAIN
PUBLIC HEARING ITEMS:
Dunlap, Hillgren, Koetting, and Weigand
None
Lawler
Kramer and Zak
ITEM NO. 3 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 38,473 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. A Variance application was added after the August 18,
2016, hearing based upon Planning Commission comments to potentially allow a
cover for the rooftop parking, which would exceed the 35 -foot height limit. The
applicant is not proposing a full rooftop cover or a Variance. The project also
includes a 12 -foot dedication along the Coast Highway frontage and will include
the widening of Coast Highway creating a new 3r northbound traffic lane fronting
the project site and the two abutting properties to the east and west.
Planning Commission Agenda Report
October 11, 2016
Page 2
CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach
in connection with the application noted above. The Mitigated Negative Declaration
states that, the subject development will not result in a significant effect on the
environment with the incorporation of several mitigation measures. 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 Mitigated 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.
Senior Planner Jim Campbell gave a presentation summarizing the applicants'
request.
The Planning Commission voted to deny the project based on concerns of the
bulk and scale of the development, as well as intensity of use.
AYES:
Dunlap, Hillgren, Koetting, Zak, and Weigand
NOES:
Kramer
ABSENT:
Lawler
ABSTAIN:
None
ITEM NO. 4 ORANGE THEORY FITNESS CONDITIONAL USE PERMIT (PA2016-116)
Site Location: 3021 East Coast Highway
SUMMARY: A conditional use permit to establish a 2,783 -square -foot health and fitness
facility in a vacant retail space within a shopping center. The facility would offer
group training sessions and would have a maximum of 24 students and four
employees. The facility utilizes a mix of treadmills, rowing machines, benches,
free weights, and suspension unit training within the tenant space. Proposed
hours of operation are 5:00 a.m. to 8:00 p.m. Monday through Friday and 6:00
a.m. to 4:00 p.m. Saturday and Sunday. Also included is a request to waive 2
required parking spaces.
CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA
(California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities).
Assistant Planner Chelsea Crager gave a presentation summarizing the
applicants' request.
The Planning Commission approved the project as recommended.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Zak, and Weigand
NOES:
None
ABSENT:
Lawler
ABSTAIN:
None
ITEM NO. 5 DORY DELI EXPANSION (PA2016-067)
Site Location: 2108 % West Ocean Front
SUMMARY: A request for a conditional use permit to expand the existing restaurant into the
adjacent 475 -square -foot retail tenant space to create new dining area with a bar
counter. Also included is a request to change the existing Type 41 (On Sale Beer
and Wine — Eating Place) Alcoholic Beverage Control (ABC) license to a Type 47
(On Sale General — Eating Place) ABC license. The applicant is proposing to
Planning Commission Agenda Report
October 11, 2016
Page 3
operate from 9:00 a.m. to 11:30 p.m., Monday through Thursday, and 9:00 a.m. to
12:30 a.m. on Friday through Sunday. There will be no live entertainment or
dancing. Pursuant to NBMC 5.25, the operation as described requires the
owner/operater to obtain an operator license with the approval of a conditional use
permit. Also requested is a reduction of the required off-street parking in conjunction
with the proposed expansion.
CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA
(California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities).
Associate Planner Benjamin Zdeba gave a presentation summarizing the
applicants' request.
The Planning Commission approved the project with the following hours and
allowance of counter seating along the window.
The hours of operation for the eating and drinking establishment
including the outdoor patio area shall be limited to the hours between
6:00 a.m. and 12:30 a.m., Monday through Thursday, and 6:00 a.m. to
1:00 a.m., Friday through Sunday. All customers shall vacate the
establishment no later than 30 minutes following these closing times.
AYES: Dunlap, Koetting, Kramer, Zak, and Weigand
NOES: Hillgren
ABSENT: Lawler
ABSTAIN: None
ITEM NO. 6 GENERAL PLAN LAND USE ELEMENT CORRECTION - NEWPORT COAST
(PA2006-159)
Site Location: Citywide
SUMMARY: During the 2014 Land Use Element Amendment project, staff identified an error
in Land Use Element Table LU2 - Anomaly Locations. The 2006 General Plan
update failed to accurately account for all the allowed development capacity in
Anomaly No. 60. Anomaly No. 60 is located in Newport Coast and identifies the
allowed number of hotel rooms and related floor area development capacity. This
recommended correction will resolve the error of fact and will make the general
plan development capacity consistent with the Newport Coast Local Coastal
Program, the terms of the Newport Coast Annexation and Development
Agreement, and with the terms of the Cooperative Agreement with the County of
Orange.
CEQA COMPLIANCE: This correction of a factual error is covered by the general rule that the California
Environmental Quality Act (CEQA) applies only to projects that have the potential
for causing a significant effect on the environment (Section 15061.b.3 of the
State CEQA Guidelines). It can be seen with certainty that there is no possibility
that this activity will have a significant effect on the environment. Therefore, this
activity is not subject to CEQA.
The Planning Commission voted to affirm the requested correction to the General
Plan Land Use Element.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Zak, and Weigand
NOES:
None
ABSENT:
Lawler
ABSTAIN:
None
Planning Commission Agenda Report
October 11, 2016
Page 4
ITEM NO. 7 NEWPORT COAST DEVELOPMENT AGREEMENT (PA2016-165)
Site Location: Citywide
SUMMARY: The applicant requests to extend the term of the Annexation and Development
Agreement between the City of Newport Beach (City) and Irvine Company and
Irvine Community Development Company concerning the Newport Coast and
Adjacent Properties (Agreement) as specified in Section 10.1 of the Agreement
from January 1, 2017 to January 1, 2032. No other substantive changes,
including changes to commercial and residential development capacity, are
proposed.
CEQA COMPLIANCE: All significant environmental concerns for the proposed project have been
addressed in the previously prepared environmental documents certified by the
County and described in Exhibit C of the Agreement, and the City intends to use
said documents for the Agreement amendment, and further that there are no
additional reasonable alternative or mitigation measures that should be
considered in conjunction with said project. Copies of the previously prepared
environmental document are available for public review and inspection at the
City's Planning Division.
The Planning Commission recommended the City Council approve the first
amendment to the Newport Coast Development Agreement.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Zak, and Weigand
NOES:
None
ABSENT:
Lawler
ABSTAIN:
None