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Home My WebLink About06 - Planning Commission Agenda and Action ReportP_ CITY OF NEWPORT BEACH FoP City Council Staff Report November 7, 2016 Agenda Item No. 6 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 November 3, 2016 ITEM NO. 1 MINUTES OF OCTOBER 20, 2016 The minutes were amended and approved. AYES: Hillgren, Kramer, Lawler, Zak, and Weigand NOES: None ABSENT: Dunlap, Koetting ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015-214) Site Location: 1660 San Miguel Drive SUMMARY: A conditional use permit (CUP) to allow the establishment of an eating and drinking establishment (restaurant) with Type 41 (On -Sale Beer and Wine, Eating Place) Alcoholic Beverage Control and Type 86 (Instructional Tasting) licenses within an existing grocery store. The restaurant includes a 636 -square -foot interior dining area that includes a small bar and a 700 -square -foot outdoor patio.The CUP also includes a request to reduce a portion of the required parking for the proposed restarant and off-site parking in accordance with Section 20.40.100. 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 to approve the project with the recommended changes to the conditions. AYES: Hillgren, Kramer, Lawler, Zak, and Weigand NOES: None ABSENT: Dunlap, Koetting ABSTAIN: None Planning Commission Agenda Report Page 2 ITEM NO. 3 THE VILLAGE INN OUTDOOR DINING USE PERMIT (PA2015-016) Site Location: 123 and 127 Marine Avenue SUMMARY: The application includes an amendment to a Conditional Use Permit to allow a 200 -square -foot outdoor dining area in front of the restaurant at 127 Marine Avenue, within the public right-of-way. An area approximately 350 square feet in size to be located at the northeastern corner of 123 Marine Avenue would be dedicated for relocation of the public bike rakes. CEQA COMPLIANCE: The project is also categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The Planning Commission voted to approve the project with the recommended changes to the conditions. AYES: Hillgren, Kramer, Lawler, Zak, and Weigand NOES: None ABSENT: Dunlap, Koetting ABSTAIN: None ITEM NO. 4 DAWSON RESIDENCE (PA2015-224) Site Location: 2741 Ocean Boulevard SUMMARY: A variance to allow portions of a new single-family residence to exceed the 24 -foot height limit from grade and to allow the garage and pool above to encroach into the 10 -foot rear setback along Way Lane. Also included is a request to deviate from the third floor limitations with respect to stepbacks and allowed floor area. The new residence height will not exceed the top of curb height limit along Ocean Boulevard. 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 item was tabled at the request of the applicant. AYES: Hillgren, Kramer, Lawler, Zak, and Weigand NOES: None ABSENT: Dunlap, Koetting ABSTAIN: None November 7, 2016 Agenda Item No. 6 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, NOVEMBER 3, 2016 REGULAR MEETING — 6:30 P.M. 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 OCTOBER 20, 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 GELSON'S SUPERMARKET CONDITIONAL USE PERMIT (PA2015-214) Site Location: 1660 San Miguel Drive Summary: A conditional use permit (CUP) to allow the establishment of an eating and drinking establishment (restaurant) with Type 41 (On -Sale Beer and Wine, Eating Place) Alcoholic Beverage Control and Type 86 (Instructional Tasting) licenses within an existing grocery store. The restaurant includes a 636 - square -foot interior dining area that includes a small bar and a 700 -square -foot outdoor patio.The CUP also includes a request to reduce a portion of the required parking for the proposed restaurant and off- site parking in accordance with Section 20.40.100. 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). 1 of 3 Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) 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. 3. Adopt Resolution No. approving Conditional Use Permit No. UP2015-048. ITEM NO. 3 THE VILLAGE INN OUTDOOR DINING USE PERMIT (PA2015-016) Site Location: 123 and 127 Marine Avenue Summary: The application includes an amendment to a Conditional Use Permit to allow a 200 -square -foot outdoor dining area in front of the restaurant at 127 Marine Avenue, within the public right-of-way. The existing public bike racks would be relocated. CEQA Compliance: The project is also categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2015-012 to establish an outdoor dining area associated with the Village Inn located at 127 Marine Avenue. ITEM NO.4 DAWSON RESIDENCE (PA2015-224) Site Location: 2741 Ocean Boulevard Summary: A variance to allow portions of a new single-family residence to exceed the 24 -foot height limit from grade and to allow the garage and pool above to encroach into the 10 -foot rear setback along Way Lane. Also included is a request to deviate from the third floor limitations with respect to setbacks and allowed floor area. The new residence height will not exceed the top of curb height limit along Ocean Boulevard. 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 the item, at the request of the applicant. The item will be re -noticed for a future meeting. 2 of 3 VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3