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Home My WebLink About12 - Planning Commission Agenda and Action Report for March 5, 2015"Received After Agenda Printed" Agenda Item No. 12 4 �EVVFpRr CITY OF 0a -1n-15 NEWPORT BEACH City Council Staff Report March 10, 2015 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949- 644 - 3226, kbrandt(d),newportbeachca.aov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 - 3297; bwisneski(cDnewportbeachca.gov TITLE: Planning Commission Agenda Report for March 5, 2015 ITEM NO. 1 MINUTES OF FEBRUARY 19, 2015 The minutes were amended and approved. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 SESSIONS SANDWICHES ABC LICENSE (PA2014 -153) 2823 Newport Boulevard SUMMARY: On February 19, 2015, the Planning Commission continued the public hearing to March 5, 2015, and directed staff to prepare a resolution approving a request to amend Minor Use Permit No. UP2013 -012 to add a Type 41 Alcohol Beverage Control License (On -Sale Beer and Wine for Bona Fide Public Eating Place) to an existing food service, eating and drinking establishment (Sessions Sandwiches). CEQACOMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). The Planning Commission approved the project (6 ayes, 1 noes) AYES: Brown, Koetting, Kramer, Lawler, Myers, and Tucker NOES: Hillgren ABSENT: None ABSTAIN: None ITEM NO. 3 PETERSON SETBACK DETERMINATION (PA2014 -195) 706 Park Avenue City Council Staff Report Agenda Item No. 12 Page 2 SUMMARY: A request for alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. Specifically, the proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet. The applicant would maintain the required 4 -foot side setback areas abutting 200/202 Ruby Avenue and the alley. CEQA COMPLIANCE: The project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Planning Technician Jason Van Patten gave a presentation summarizing the applicants' request. The Planning Commission voted to approve the project with a change to require a 5 foot setback adjacent to the alley and a 3 foot setback abutting 200/202 Ruby Avenue (7 ayes). AYES: Brown, Hillgren, Koetting. Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None ITEM NO. 4 HONOR COFFEE CUP (PA2015 -002) 3400 Via Lido, Suite B SUMMARY: A conditional use permit to remodel an existing eating and drinking facility to accommodate a new tenant, Honor Coffee. Conditional use permit approval is necessary to reduce the required parking spaces because the subject property does not provide on -site parking. No alcohol service or late hours (after 11:00 p.m.) are proposed as part of this application. Conditional Use Permit No. UP2001 -005, modified (PA2002 -167) will be rescinded if the application request is granted. 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 Makana Nova gave a presentation summarizing the applicants' request. The Planning Commission approved the project as recommended (7 ayes) AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None ITEM NO.5 APPEAL AND CALL FOR REVIEW PROCEDURES CODE AMENDMENT (PA2015 -029) Citywide SUMMARY: An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code that would clarify the appeals and call for review procedures for City Council Members and Planning Commissioners. City Council Staff Report Agenda Item No. 12 Page 3 CEQA COMPLIANCE: The Code amendment is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Deputy Community Development Director Brenda Wisneski provided a staff report, and discussion ensued. The Planning Commission voted to recommend to the City Council approval of the requested Code Amendment (7 ayes). AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None CURRENT BUSINESS: ITEM NO. 6 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT (PA2007 -195) Citywide SUMMARY: Review of the progress in implementing the General Plan and Housing Element in accordance with Government Code Section 65400. CEQA COMPLIANCE: The General Plan Status Report, including the Housing Element Report, is not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code. Assistant Planner Melinda Whelan gave a presentation summarizing the progress in implementing the General Plan and Housing Element in accordance with Government Code Section 65400. The Planning Commission voted to forward to the City Council for review and authorize submittal to the state agencies (7 ayes). AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None NEW BUSINESS: ITEM NO. 7 MARINERS' MILE PLANNING CHARRETTE REPORT Citywide SUMMARY: From October 17 to 21, 2014, on behalf of the City, the Congress for the New Urbanism California Chapter conducted their Annual Charrette focusing on Mariners' Mile. The five -day planning and design charrette tested new ideas to improve the corridor. With public participation and local knowledge, the design teams identified design techniques focusing on improving vehicular flow, the pedestrian experience, and bicycle access. City Council Staff Report Agenda Item No. 12 Page 4 CEQA COMPLIANCE: The recommended action is not subject to CEQA, as the action is not a project as defined in Section 15378(b)(2) of the Public Resources Code. Deputy Director Brenda Wisneski gave a report on the Mariners' Mile planning charrette and City Traffic Engineer Tony Brine provided an overview of the traffic studies underway along the corridor. The Planning Commission directed staff to forward a memo to the City Council offering the Planning Commission's assistance in considering policy changes for Mariners' Mile (7 ayes). AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MARCH 5, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER Agenda Item No.12 March 10, 2015 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 FEBRUARY 19, 2015 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 SESSIONS SANDWICHES ABC LICENSE (PA2014 -153) 2823 Newport Boulevard Summary: On February 19, 2015, the Planning Commission continued the public hearing to March 5, 2015, and directed staff to prepare a resolution approving a request to amend Minor Use Permit No. UP2013- 012 to add a Type 41 Alcohol Beverage Control License (On -Sale Beer and Wine for Bona Fide Public Eating Place) to an existing food service, eating and drinking establishment (Sessions Sandwiches). The Planning Commission also directed the resolution incorporate the revisions to the conditions of approval that were discussed during the February 19, 2015, public hearing. 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. Adopt Resolution No. approving Minor Use Permit No. UP2014 -050. ITEM NO. 3 PETERSON SETBACK DETERMINATION (PA2014 -195) 706 Park Avenue Summary: 1 of 4 12 -1 A request for alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. Specifically, the proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet. The applicant would maintain the required 4 -foot side setback areas abutting 200/202 Ruby Avenue and the alley. CEQA Compliance: The project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. —approving Staff Approval No. SA2014 -028. ITEM NO.4 HONOR COFFEE CUP (PA2015 -002) 3400 Via Lido, Suite B Summary: A conditional use permit to remodel an existing eating and drinking facility to accommodate a new tenant, Honor Coffee. Conditional use permit approval is necessary to reduce the required parking spaces because the subject property does not provide on -site parking. No alcohol service or late hours (after 11:00 p.m.) are proposed as part of this application. Conditional Use Permit No. UP2001 -005, modified (PA2002 -167) will be rescinded if the application request is granted. 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 public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2015 -001. ITEM NO. 5 APPEAL AND CALL FOR REVIEW PROCEDURES CODE AMENDMENT (PA2015 -029) Citywide Summary: An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code that would clarify the appeals and call for review procedures for City Council Members and Planning Commissioners. CEQA Compliance: The Code amendment is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Recommended Action: 1. Conduct public hearing; and 2. Adopt the attached resolution recommending City Council adoption of Code Amendment No. CA2015 -001 amending the appeal and call for review procedures in Title 20. 2 of 4 12 -2 VIII. CURRENT BUSINESS ITEM NO. 6 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT (PA2007 -195) Citywide Summary: Review of the progress in implementing the General Plan and Housing Element in accordance with Government Code Section 65400 CEQA Compliance: The General Plan Status Report, including the Housing Element Report, is not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code. Recommended Action: 1. Review and comment; and 2. Forward to City Council for review and authorize submittal to the Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). IX. NEW BUSINESS ITEM NO. 7 MARINERS' MILE PLANNING CHARRETTE REPORT Citywide Summary: From October 17 to 21, 2014, on behalf of the City, the Congress for the New Urbanism California Chapter conducted their Annual Charrette focusing on Mariners' Mile. The five -day planning and design charrette tested new ideas to improve the corridor. With public participation and local knowledge, the design teams identified design techniques focusing on improving vehicular flow, the pedestrian experience, and bicycle access. CEQA Compliance: The recommended action is not subject to CEQA, as the action is not a project as defined in Section 15378(b)(2) of the Public Resources Code. Recommended Action: 1. Review the draft memo, modify as needed, and direct staff to forward memo to the City Council for their consideration. X. 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 3 of 4 12 -3 XI. ADJOURNMENT 4 of 4 12 -4