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Home My WebLink About12 - Planning Commission Agenda and Action Report for January 22, 2015��Ew�RT O O r z c9CiFORN�P Kell FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: TITLE: Received After Agenda Printed January 27, 2015 Agenda Item No. 12 January 27, 2015 p(iP► lei M -A ��F_ \'N7:7\2IRJTA14851:3:1 1Yal3I.lxal Ill vgsii1l Ole] II Community Development Department Kimberly Brandt, AICP, Director 949- 644 - 3226, kbrandt(a)newportbeachca.gov Brenda Wisneski, Deputy Director Community Development 949 - 644 - 3297; bwisneski(o)newportbeachca.gov Planning Commission Agenda Report for January 22, 2015 ITEM NO. 1 MINUTES OF DECEMBER 18, 2014 The minutes were amended and approved (5 ayes, 2 absent). AYES: Hillgren, Koetting, Kramer, Myers, and Tucker NOES: None ABSENT: Brown, Lawler ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 SHELL STREET SENIOR DWELLING AMENDMENT (PA2014 -192) Site Location: 2727 Shell Street SUMMARY: A request to amend an existing use permit to reflect updated Zoning Code requirements for an existing senior accessory dwelling unit. The requested changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting a condition that requires an independently accessible garage space. Should this request be approved, Use Permit No. 3331 will be superseded and will become null and void. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Assistant Planner Melinda Whelan gave a presentation summarizing the applicants' request. The Planning Commission approved the project as recommended (5 ayes, 2 absent). AYES: Hillgren, Koetting, Kramer, Myers, and Tucker NOES: None ABSENT: Brown, Lawler City Council Staff Report January 27, 2015 Page 2 ABSTAIN: None ITEM NO. 3 ORANGE COUNTY VAN RENTAL CUP (PA2014 -185) Site Location: 20042 Cypress Street SUMMARY: A conditional use permit to establish a small -scale vehicle rentals facility operating primarily as an administrative office with limited on -site vehicle storage. The proposed facility will operate from 8:00 a.m. to 6:00 p.m., Monday through Saturday, and 9:00 a.m. to 6:00 p.m., on Sunday. There will be no on -site vehicle maintenance, repairs, and /or washing. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Secretary Myers recused himself from considering the item because he has a financial interest within 500 feet of the property. Assistant Planner Ben Zdeba gave a presentation summarizing the applicants' request. The Planning Commission approved the project with the inclusion of a condition requiring the existing planters be adequately landscaped (4 ayes, 1 abstention, 2 absent). AYES: Hillgren, Koetting, Kramer, and Tucker NOES: None ABSENT: Brown, Lawler ABSTAIN: Myers ITEM NO. 4 SESSIONS SANDWICHES ABC LICENSE (PA2014 -153) Site Location: 2823 Newport Boulevard SUMMARY: A request to add a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) Alcohol Beverage Control License to an existing food service, eating and drinking establishment (Sessions Sandwiches). The establishment operates under Minor Use Permit No. UP2013 -012 which limits net public area to 523 square feet, and hours of operation between 6:00 a.m. and 11:00 p.m, daily. No other operational changes are requested or proposed. If approved, this Minor Use Permit would supersede Minor Use Permit No. UP2013 -012. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). At the request of the applicant, the Planning Commission voted to continue the item to February 19, 2015 (5 ayes, 2 absent). AYES: Hillgren, Koetting, Kramer, Myers, and Tucker NOES: None ABSENT: Brown, Lawler ABSTAIN: None ITEM NO. 5 ZONING CODE AMENDMENT BALBOA ISLAND CONDOMINIUMS (PA2014 -170) Site Location: Balboa Island / Little Balboa Island City Council Staff Report January 27, 2015 Page 3 SUMMARY: An amendment to the Zoning Code (Title 20) to prohibit residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. CEQA COMPLIANCE: The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Chair Tucker recused himself from considering the item because he owns property on Balboa Island. The Planning Commission voted to recommend to the City Council approval of the amendment (4 ayes, 1 abstention, 2 absent). AYES: Hillgren, Koetting, Kramer, and Myers NOES: None ABSENT: Brown, Lawler ABSTAIN: Tucker Submitted by: NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 22, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER January 27, 2015 Agenda Item No.12 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 DECEMBER 18, 2014 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 2727 SHELL STREET SENIOR DWELLING AMENDMENT (PA2014 -192) 2727 Shell Street Summary: A request to amend an existing use permit to reflect updated Zoning Code requirements for an existing senior accessory dwelling unit. The requested changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting a condition that requires an independently accessible garage space. Should this request be approved, Use Permit No. 3331 will be superseded and will become null and void. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2014 -041. ITEM NO. 3 ORANGE COUNTY VAN RENTAL CUP (PA2014 -185) 20042 Cypress Street 1 of 3 Summary: A conditional use permit to establish a small -scale vehicle rentals facility operating primarily as an administrative office with limited on -site vehicle storage. The proposed facility will operate from 8:00 a.m. to 6:00 p.m., Monday through Saturday, and 9:00 a.m. to 6:00 p.m., on Sunday. There will be no on -site vehicle maintenance, repairs, and /or washing. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2014 -040. ITEM NO. 4 SESSIONS SANDWICHES ABC LICENSE (PA2014 -153) 2823 Newport Boulevard Summary: A request to add a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) Alcohol Beverage Control License to an existing food service, eating and drinking establishment (Sessions Sandwiches). The establishment operates under Minor Use Permit No. UP2013 -012 which limits net public area to 523 square feet, and hours of operation between 6:00 a.m. and 11:00 p.m, daily. No other operational changes are requested or proposed. If approved, this Minor Use Permit would supersede Minor Use Permit No. UP2013 -012. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. denying Minor Use Permit No. UP2014 -050. ITEM NO. 5 BALBOA ISLAND RESIDENTIAL CONDOMINIUM PROHIBITION CODE AMENDMENT (PA2014 -170) Balboa Island / Little Balboa Island Summary: An amendment to the Zoning Code (Title 20) to prohibit residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. CEQA Compliance: The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. Amendment CA2014 -007. VIII. STAFF AND COMMISSIONER ITEMS recommending City Council approval of Code 2 of 3 I" 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 ADJOURNMENT 3of3