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NEWPORT BEACH
City Council Staff Report Agenda Item No. a
May 10, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Dana Smith, Community Development Director
949 - 644 -3002, dsmith@newportbeachca.gov
PREPARED BY: Gregg Ramirez, Senior Planner
949 -644 -3219; pram irez cC newportbeachca,gov
APPROVED:
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TITLE: Planning Commission Agenda for May 5, 2011
Item No.1 Minutes of April 21, 2011
Approved as corrected. (4 Ayes, 1 No, 2 Abstentions)
Item No. 2 In -Lieu Fee Credit Irvine Company
Summary: Establishment of In -Lieu Fair Share Fee Credit toward North Newport Center for
Construction of a Third Eastbound Left Turn Lane on San Joaquin Hills Road at
MacArthur Boulevard.
The Commission discussed the proposed in -lieu fee credit and accepted staffs
recommendation to apply constructions costs towards Fair Share Fees. The
construction of the third turn lane was indentified during the review of the North
Newport Center PC and associated development agreement.
(6 Ayes, 1 Recused)
Item No. 3 Via Lido Amendments (PA2011 -024)
3363, 3369 & 3377 Via Lido and 3378 Via Oporto
Summary: Amendment to the General Plan, Coastal Land Use Plan, and Zoning Code to
change the designations of the property from Multi -Unit Residential to Mixed
Use - Vertical (MU -V). The amendments were initiated by the property owner who
are seeking to continue the existing nonconforming commercial use. No new land
use or development is proposed at this time.
Planning Commission Agenda for May 5, 2011
Page 2
The Commission discussed what the most appropriate land use designation would
be for the subject property. Following discussion and testimony from the applicants,
the Commission determined that MU -V, as recommended, was appropriate
This Commission voted to recommend approval of the amendments to the City
Council. (All Ayes).
This item is tentatively scheduled for the June 14, 2011, City Council Meeting.
Item No. 4 Pemstein Residence Minor Use Permit and Variance (PA2010 -173)
2430 Holiday Road
Summary: This item was continued until June 9, 2011.
Submitted by:
Gregg RarWrez, Senior Planner
A.
B.
C.
D.
E.
Agenda Item No. 8
May 10, 2011
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers — 3300 Newport Boulevard
REGULAR MEETING
Thursday, May 5, 2011
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
F. CONSENT ITEMS
ITEM NO. 1 Minutes of April 21, 2011
ACTION: Approve and file.
ITEM NO. 2 In -Lieu Fee Credit Irvine Company
SUMMARY: Establishment of In -Lieu Fair Share Fee Credit toward North Newport Center for
Construction of a Third Eastbound Left Turn Lane on San Joaquin Hills Road at
MacArthur Boulevard
CEQA
COMPLIANCE: This activity is not subject California Environmental Quality Act (CEQA) as the
action is covered by the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment (Section 15061.b.3
of the CEQA Guidelines).
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 Community Development Department, Planning
Division located at 3300 Newport Boulevard, during normal business hours.
ITEM NO. 3 Via Lido Amendments (PA2011 -024)
3363, 3369 & 3377 Via Lido and 3378 Via Oporto
SUMMARY: The property owner is seeking to continue the existing nonconforming commercial
uses of the subject property by requesting the following amendments:
1) General Plan Land Use designation from Multiple -Unit Residential (RM) to
Mixed -Use Vertical (MU -V),
2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -D) to
Mixed -Use Vertical (MU -V), and
3) Zoning designation from Multiple -Unit Residential (RM) to Mixed -Use Vertical
(MU -V).
No new land use or development is proposed at this time.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15302 of the California
Environmental Quality Act (CEQA) Guidelines — Class 2 (Replacement or
Reconstruction).
ACTION: 1) Conduct public hearing; and
2) Adopt Resolution No. _ recommending the City Council:
• Approve General Plan Amendment No. GP2011 -003,
• Approve Local Coastal Plan Amendment No. LC2011 -002, and
• Approve Code Amendment No. CA2011 -005
ITEM NO. 4 Pemstein Residence Minor Use Permit and Variance (PA2010 -173)
2430 Holiday Road
SUMMARY: Minor use permit to allow senior accessory dwelling (granny) unit and two related
variance requests to allow for the construction of 1) a garage addition to encroach 2
feet into the easterly 10 -foot side yard setback and 2) an 8 foot high wall to encroach
into the 10 -foot easterly side yard setback. The application also includes a request for
variance approval to retain nine (9) as -built over - height structures located within
required setbacks including: four (4) arbors, three (3) walls, a free - standing fireplace
and a storage shed.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
ACTION: 1) Staff requests a continuance of this item to May 19, 2011
H. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 Planning Director's report
ITEM NO. 6 Planning Commission reports.
ITEM NO. 7 Announcements on matters that Commission members would like placed on a future
agenda for discussion, action, or report.
ITEM NO. 8 Request for excused absences.
ADJOURNMENT