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HomeMy WebLinkAbout19 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 -644 -3228; dlepo @newportbeachca.gov SUBJECT: Planning Commission Agenda for November 19, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated November 5, 2009 Summary: Approved as submitted. (All Ayes) Item No. 2 Church of Jesus Christ of Latter Day Saints (PA2008 -215) 2300 Bonita Canyon Drive Summary: The application consists of an amendment (Amendment No. 1) to Use Permit No. 2001 -036 and Site Plan Review No. SR2009-001 to allow the construction of a rectory with 1,825 square feet of Irving space and a 491 - square -foot, attached two - car garage at the southeast comer of the subject property. The proposed rectory is an accessory use to an existing place of religious assembly. The project includes the establishment of a 40 -foot fuel modification zone adjacent to the structure. After a presentation from staff, the Planning architect. There were no comments from th e approved the project with minor revisions approval. This item was approved. (All Ayes) Item No. 3 Megonigal Residence (PA2007 -133) 2333 Pacific Drive Commission heard from the project public. The Planning Commission to the recommended conditions of Summary: The City of Newport Beach determined that the proposed project may have a significant effect on the environment on Land Use, Aesthetics, and Biological Resources. The City determined that an EIR would be required to more fully evaluate potential adverse environmental impacts that may result from development of the project. AII other environmental effects were determined to be less than significant (with mitigation) or have no impact and were addressed in the Initial Study prepared for the project. As a result, the DEIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as Planning Commission Agenda Report November 24,2009 Page 2 amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Tide 14, Section 15000 et seq.). This DEIR also complies with the City of Newport Beach's procedures for implementation of CEQA. After a brief introduction by staff, the Planning Commission received a presentation from the applicant. Approximately ten members of the public spoke in opposition to the project, mainly citing impacts to public views from Begonia Park and Begonia Avenue. Two members of the project spoke in support of the project, citing the need to protect the applicant's property rights. The Planning Commission recommended approval of the project to the City Council with only minor changes to the recommended conditions of approval. This item was recommended for approval to the City Council. (All Ayes) Prepared and submitted by: Planning: share(Wianning Commission+pcagendarpt.doc Agenda Item No. 19 November 24. 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, November 19, 2009 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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 3 minutes. Before speaking, please state your name for the record and print your name on the tablet provided at the podium. REQUEST FOR CONTINUANCES: ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes are up; yellow light signifies that the speaker has one minute left for summation.) Please print only your name on the pad that is provided at the podium. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning Department located at 3300 Newport Blvd., during normal business hours. ITEM NO. 1 Minutes of November 5, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 Church of Jesus Christ of Latter Day Saints (PA2008 -215) 2300 Bonita Canyon Drive SUMMARY: The application consists of an amendment (Amendment No. 1) to Use Permit No. 2001 -036 and Site Plan Review No. SR2009 -001 to allow the construction of a rectory with 1,825 square feet of living space and a 491 - square -foot, attached two - car garage at the southeast corner of the subject property. The proposed rectory is an accessory use to an existing place of religious assembly. The project includes the establishment of a 40 -foot fuel modification zone adjacent to the structure. 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 implementation of Mitigation Measures. ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _ adopting Mitigated Negative Declaration No. ND2009 -001 and approving Amendment No. 1 to Use Permit No. UP2001- 036 and Site Plan Review No. SR2009 -001. OLD BUSINESS ITEM NO. 3 Megonigal Residence (PA2007 -133) 2333 Pacific Drive SUMMARY: The application consists of a modification permit to allow planter walls and a water feature to exceed the 3 -foot height limit in the front yard setback in association with the construction of a new, three -story single - family dwelling. CEQA COMPLIANCE: The City of Newport Beach determined that the proposed project may have a significant effect on the environment on Land Use, Aesthetics, and Biological Resources. The City determined that an EIR would be required to more fully evaluate potential adverse environmental impacts that may result from development of the project. All other environmental effects were determined to be less than significant (with mitigation) or have no impact and were addressed in the Initial Study prepared for the project. As a result, the DEIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). This DEIR also complies with the City of Newport Beach's procedures for implementation of CEQA. ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _ recommending Certification of the Draft Environmental Impact Report and approval of Modification Permit No. MD2007 -080 to the City Council with the findings and conditions. NEW BUSINESS ITEM NO.4 City Council Follow -up. ITEM NO. 5 Planning Commission reports. ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 7 Request for excused absences. ADJOURNMENT