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HomeMy WebLinkAbout09 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager 949 - 644 -3235; palford @newportbeachca.gov SUBJECT: Planning Commission Agenda for August 5, 2010 Report of the actions of the Planning Commission Meeting: Item No. 1a Minutes dated July 15, 2010 Summary: Approved as corrected. (5 Ayes, 1 Abstained, 1 Excused) Item No. lb Minutes dated July 22, 2010 Summary: Approved as corrected. (5 Ayes, 1 Abstained, 1 Excused) Item No. 1c Voyer Modification Permit Resolution No 2010 -1813 Summary: This item was continued to August 19, 2010. (4 Ayes, 2 Noes, 1 Excused) Item No.2 Mosen Residence - PA2010 -040 4500 and 4504 Seashore Drive Summary: The application is for a condominium conversion to convert a duplex into a condominium project. The code required two -car parking per unit will be provided. No exceptions to the Title 19 development standards are proposed with this application. Also included in the request is a modification permit to allow the width of the required parking spaces to be less than the minimum requirements required by the Zoning Code. Planning Commission found that the appellant's withdrawal of the appeal obviates the requirements for a public appeal hearing; no further action was necessary and the Zoning Administrator's action was final. This item was approved. (5 Ayes, 1 Abstained, 1 Excused) Item No.3 Newport Bay Marina - PA2001 -210 2300 Newport Boulevard Summary: The application is for the review and approval of a Construction Traffic Management and Control Plan and a Parking Management Plan for the Newport Bay Marina project. Planning Commission Agenda Report August 10, 2010 Page 2 Discussion by the Commission focused on the control of construction traffic. The Commission approved the plan with additional conditions relating to onsite traffic control. This item was approved. (6 Ayes, 1 Excused) Item No.4 PRES Office Building B - PA2007 -213 4300 Von Karman Avenue Summary: The application consists of the development of a new three -story office building. The following approvals are requested or required in order to implement the project as proposed: 1. A General Plan Amendment to increase the maximum allowable development limit in Anomaly Location #2 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site B by 9,917 net square feet. 3. A tentative parcel map is proposed to subdivide the existing 55,779- square- foot parcel of land into two separate parcels. 4. An exception to the Koll Center Newport Planned Community General Development standards which require a minimum site of area of not less than 30,000 square feet, and a change in the off - street parking requirement of one space for each 225 square feet to one space for each 250 square feet of net floor area The Commission decided that they needed additional time to consider information that was submitted after the publication of the staff report. This item was continued to August 19, 2010. (6 Ayes, 1 Excused) Item No.5 Newport Business Plaza - PA2008 -164 4699 Jamboree Road and 5190 Campus Drive Summary: The applicant proposes to redevelop the project site with a new commercial business plaza. The following approvals are requested in order to implement the project: 1. A General Plan amendment to increase the maximum allowable development limit for Anomaly Location #6 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet. Planning: shared%Planning CommissionXpcagendarpt.doc Planning Commission Agenda Report August 10, 2010 Page 3 3. A tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road, and Parcel 2 at 5190 Campus Drive) into a single building site. The Commission saw the project as an opportunity to improve an underdeveloped area. This item was approved. (6 Ayes, 1 Excused) Item No.6 Newport Beach Winery - PA2010 -078 869 West 16v' Street Summary: The applicant is proposing a Zoning Code Amendment to apply the Interim Study (IS) Overlay District designation to 869 West 16th Street to allow food processing, which is not an allowed use in the Controlled Manufacturing (M-1 -A) Zoning District. The IS Overlay District designation is used to implement the 2006 General Plan when a project or use is inconsistent with the current Zoning Code, while the Code is being updated to reflect the new General Plan. The applicant proposes a winery (wine production with accessory retail sales and accessory wine tasting). Discussion by the Commission focused on the hours when wine tasting would be offered. This item was approved. (6 Ayes, 1 Excused) Item No.7 China Palace Use Permit - PA2010 -082 2800 West Coast Highway Summary: The application is for a use permit to allow live entertainment and dancing within an existing full- service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. Discussion by the Commission focused on conditions on the live entertainment and dancing intended to ensure that the restaurant did not operate as a nightclub. This item was approved. (6 Ayes, 1 Excused) Prepared and submitted by: Flo Patrick J. Alford, Plan ling Manager Planning: shared\Planning Commissionlpcagendarptdoc Agenda No. 9 August 10, 2010 NEWPORT BEACH PLANNING COMMISSION AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, August 5, 2010 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. 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. E. REQUEST FOR CONTINUANCES CONSENT ITEMS ITEM NO. 1a Planning Commission Adjourned Special Meeting Minutes of July 15, 2010 ACTION: Approve and file ITEM NO. 1b Planning Commission Adjourned Regular Meeting Minutes of July 22, 2010 ACTION: Approve and file ITEM NO. 1 C Voyer Modification Permit Resolution No 2010 -1813 ACTION: Approve and file G. PUBLIC HEARING ITEMS 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 Boulevard, during normal business hours. ITEM NO. 2 Mosen Residence - PA2010 -040 4500 and 4504 Seashore Drive SUMMARY: The application is for a condominium conversion to convert a duplex into a condominium project. The code required two -car parking per unit will be provided. No exceptions to the Title 19 development standards are proposed with this application. Also included in the request is a modification permit to allow the width of the required parking spaces to be less than the minimum requirements required by the Zoning Code. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION: 1) Conduct public hearing; and 2) Planning Commission motion finding that the appellant's withdrawal of the appeal obviates the requirements for a public appeal hearing, that no further action is necessary, and the Zoning Administrator's action is final. ITEM NO. 3 Newport Bay Marina - PA2001 -210 2300 Newport Boulevard SUMMARY: Review and approval of a Construction Traffic Management and Control Plan and a Parking Management Plan for the Newport Bay Marina project. CEQA COMPLIANCE: All significant environmental concerns for the proposed project were addressed in a previously certified Environmental Impact Report (SCH #2003071144). ACTION: 1) Conduct public hearing; and 2) Approve the Construction Traffic Management and Control Plan and Parking Management Plan ITEM NO.4 PRES Office Building B - PA2007 -213 4300 Von Karman Avenue SUMMARY: The applicant proposes development of a new three -story office building. The following approvals are requested or required in order to implement the project as proposed: 1. A General Plan Amendment to increase the maximum allowable development limit in Anomaly Location #2 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site B by 9,917 net square feet. 3. A tentative parcel map is proposed to subdivide the existing 55,779- square -foot parcel of land into two separate parcels. 4. An exception to the Koll Center Newport Planned Community General Development standards which require a minimum site of area of not less than 30,000 square feet, and a change in the off - street parking requirement of one space for each 225 square feet to one space for each 250 square feet of net floor area CEQA COMPLIANCE: A Mitigated Negative Declaration (MND) has been prepared by the City of Newport Beach in connection with the project noted above. The MND states that the proposed subject development will not result in a significant effect on the environment. 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 applications. The MND was circulated for a 20 -day public review and comment period that began on May 19, 2010, and concluded on June 7, 2010. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending that the City Council: Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. GP2007 -009 ; and c. Approve Planned Community Development Plan Amendment No. PD2007 -006; and d. Approve Tentative Parcel Map No. NP2010 -006, subject to findings and conditions; and e. Approve the requested exceptions to the Koll Center Newport Planned Community General Development standards relative to minimum site area and off - street parking requirements. ITEM NO. 5 Newport Business Plaza - PA2008 -164 4699 Jamboree Road and 5190 Campus Drive SUMMARY: The applicant proposes to redevelop the project site with a new commercial business plaza. The following approvals are requested in order to implement the project: A General Plan amendment to increase the maximum allowable development limit for Anomaly Location #6 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet. 3. A tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road, and Parcel 2 at 5190 Campus Drive) into a single building site. CEQA COMPLIANCE: A Mitigated Negative Declaration (MND) has been prepared by the City of Newport Beach in connection with the project noted above. The MND states that the proposed subject development will not result in a significant effect on the environment. 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 ACTION ITEM NO. 6 subject applications. The MND was circulated for a 20 -day public review and comment period that began on May 19, 2010 and concluded on June 7, 2010. 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending that the City Council: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. 2008 -007; and c. Approve Planned Community Development Plan Amendment No. 2009- 001; and d. Approve Tentative Parcel Map No. 2010 -006. Newport Beach Winery - PA2010 -078 869 West 16`h Street SUMMARY: The applicant is proposing a Zoning Code Amendment to apply the Interim Study (IS) Overlay District designation to 869 West 16th Street to allow food processing, which is not an allowed use in the Controlled Manufacturing (M -1 -A) Zoning District. The IS Overlay District designation is used to implement the 2006 General Plan when a project or use is inconsistent with the current Zoning Code, while the Code is being updated to reflect the new General Plan. The applicant proposes a winery (wine production with accessory retail sales and accessory wine tasting). CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities) which exempts minor alterations to existing facilities. The proposed project includes a change in use and interior alterations to a suite inside of an existing industrial building. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending City Council approval of Code Amendment No. CA2010 -005 ITEM NO. 7 China Palace Use Permit - PA2010 -082 2800 West Coast Highway SUMMARY: The application is for a use permit to allow live entertainment and dancing within an existing full- service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. CEQA COMPLIANCE: The project is categorically exempt under Section 3, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. approving Use Permit No. UP2010 -015 subject to the findings and conditions H. NEW BUSINESS - STAFF AND COMMISSIONER ITEMS ITEM NO. 8 ITEM NO. 9 ITEM NO. 10 ITEM NO. 11 ADJOURNMENT City Council Follow -up. Planning Commission reports. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. Request for excused absences.