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HomeMy WebLinkAbout08 - Planning Commission Agenda & Action ReportCITY OF NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 8 October 25, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Gregg Ramirez, Acting Planning Manager 949 - 644 -3219; gram irez()newportbeachca.gov APPROVED: Q TITLE: Planning Commission Agenda Report for October 20, 2011 Item No. 1 Minutes of September 22, 2011 The minutes were amended and approved (7 ayes, 0 noes). Item No.2 Newport Beach Country Club - Golf Realty Fund (PA2005 -140) 1600 and 1602 East Coast Highway Summary: Planned Community Development Plan, Vesting Tentative Tract Map, Transfer of Development, Development Agreement, Limited Term Permit, and a Site Development Review for the redevelopment of the Newport Beach Country Club and Tennis Club. Development would include a new 35,000 square -foot golf clubhouse and parking lot, a new 3,725 square -foot tennis club house and parking lot, 7 tennis courts including a new stadium court; 27 hotel rooms with a 2,170 square foot concierge and guest center, a 7,490 square foot spa facility, and 5 single - family residential units. Chairman Unsworth and Commissioner Myers recused themselves due to conflicts of interest. The hearing was chaired by Vice- Chairman Toerge. Director Brandt noted a request by the applicant for a 2 -week continuance to allow more time to work with staff and to complete the preparation and review of the draft Development Agreement. The Commission expressed a desire to complete as much of the process as possible and requested a staff report. Director Brandt provided an overview of the framework for proceeding forward with the application in light of the following Newport Beach Country Club, Inc. (NBCC) application (Agenda Item No. 3). She noted that the first component to consider is the environmental clearance (Mitigated Negative Declaration). Next is the legislative component (Planned Community Development Plan). The last two components are 14 Planning Commission Agenda Report for October 20, 2011 October 25, 2011 Page 2 the project approval (Site Development Review application) and the Development Agreement that convey a vested right or guarantee to develop. She also noted that the City cannot approve both the Golf Realty Fund (GRF) or NBCC Site Development Review applications as they relate to the golf club and parking lot. She requested direction from the Commission. Associate Planner Ung provided the Commission with a report highlighting the status of the ongoing discussions to address differences between the applicant's proposal and the NBCC proposal. She noted staff's recommendation to approve the draft Planned Community Development Plan and the Site Development Review for the tennis club portion of the site only (bungalows, villas, tennis courts and tennis clubhouse). She noted that the draft Development Agreement was not available and would be made available before the next meeting anticipated for November 3, 2011. The applicant provided a detailed presentation of the entire project and indicated that the NBCC proposed clubhouse could be accommodated by an expanded parking lot design based upon his proposed plan. The applicant expressed concern about the expanded public use of the larger NBCC clubhouse among other concerns. Public testimony highlighted an ongoing disagreement between the property owners and the lessee (Newport Beach County Club, Inc.). Following a discussion about the proposed design of the project, the Commission voted unanimously to continue the project to November 17, 2011. (Myers and Unsworth recused.) Item No.3 Newport Beach Country Club — Newport Beach Country Club, Inc. (PA2008 -152) 1600 East Coast Highway Summary: General Plan Amendment, a Planned Community Development Plan, a Development Agreement, a Limited Term Permit, and Site Development Review for the redevelopment of the Newport Beach Country Club. Development would include the construction of a new 54,819 square -foot clubhouse, parking lot and ancillary storage and maintenance facilities. Chairman Unsworth and Commissioner Myers recused themselves due to conflicts of interest. The hearing was chaired by Vice - Chairman Toerge. Associate Planner Ung provided the Commission with a report highlighting the status of the ongoing discussions to address differences between the applicant's proposal and the Golf Realty proposal. She noted staff's recommendation to approve the requested General Plan Amendment, an amendment to the draft Planned Community Development Plan as recommended for the GRF application (Item No. 2) and the Site Development Review application. She noted that the draft Development Agreement was not available and would be made available before the next meeting. Public testimony from the community indicated general support for the project although Golf Realty Fund does not support the larger clubhouse design, greater intensity of use of the clubhouse, the proposed parking lot design among other concerns. N Planning Commission Agenda Report for October 20, 2011 October 25, 2011 Page 3 The Commission discussed and provided direction to the applicant regarding acceptance of the enhanced project entry at Coast Highway, a clear preference to eliminate the frontage driveway to the adjacent Armstrong Nursery property, acceptance of the revised location of the porte - cochere creating additional separation to the GRF proposed bungalows, acceptance of the parking lot design, acceptance of revised entry signage, acceptance of the revised fencing along Coast Highway provided there is additional landscaping buffering, acceptance of the continued use of the clubhouse for public events with no specific limitation, and acceptance of the Prairie -style clubhouse. The Commission voted unanimously to continue the project to November 17, 2011. (Myers and Unsworth recused.) Item No.4 Appeal of Lot Merger (PA2011 -141) 2808 and 2812 Ocean Boulevard Summary: An appeal of the Zoning Administrator's decision to approve Lot Merger No. LM2011- 002, which allowed the merger of portions of Lots 4, 5, and 6 of Block 34 located in Corona del Mar, under common ownership, for the purpose of development of a new single family residence. The decision also included approval of a request to waive the requirement to file a parcel map. Assistant Planner Kay Sims gave a presentation describing the proposed project, the Zoning Administrator's action, and the basis for the appeal. Thirteen residents, including the appellants, spoke in opposition. Issues identified included view obstruction, health of nearby residents, construction noise, excessive and out of character development, concern with creating a new curb cut on Ocean Boulevard, and non - compliance with deed restrictions limiting the height of structures to one story. The applicant and their representatives spoke in support of their application. Following the close of public hearing and discussion, the Commission determined that the findings for approval could not be made. The Commission indicated that the lot merger would create a lot that is inconsistent with the pattern of the development's surroundings and would result in significant impact, including the loss of open space provided by existing side yard setbacks on the two individual lots and allow a home out of scale with the surrounding development. The Commission voted to reverse the decision of the Zoning Administrator and deny the lot merger request (6 ayes, 1 no) AYES: Ameri, Hawkins, Hillgren, Myers, Toerge and Unsworth NOES: Kramer ABSENT: None. ABSTAIN: None. 3 Planning Commission Agenda Report for October 20, 2011 October 25, 2011 Page 4 Item No.5 Lido Village Design Guidelines (PA2011 -148) Guidelines would affect future projects within the Lido Village area generally bounded by Newport Boulevard, 32nd Street and Newport Harbor. Summary: The City Council Ad -Hoc Neighborhood Revitalization Committee, with full City Council support, has initiated and fostered the preparation of architectural and landscape design guidelines that would be applied to properties within the Lido Village area. Consulting project manager Tim Collins provided an overview of the process and noted the extensive public participation to date. Todd Larner of William Hezmalhalch Architects presented draft design guidelines focusing on the project setting, four guiding principles (unification, visual appeal, flexibility, and economic /environmental sustainability), five planning areas and their distinct edge conditions, pedestrian connectivity, architectural guidelines, preferred architectural themes (California Coastal and Mediterranean), landscape guidelines, implementation, and incentives. Principal Planner Campbell indicated that the design guidelines will be used by property owners in conjunction with future private development. The largest opportunity to unify the area is through future capital improvement projects (budget permitting). The guidelines will also be used by the City in conjunction with the design of future capital improvement projects and the re -use of the current City Hall site. Tim Collins noted that input received will be considered in conjunction with the preparation of the final draft. City Council Ad -Hoc Neighborhood Revitalization Committee will consider the final draft in November and make recommendation to the City Council. Several members of the public spoke in support of adopting the proposed design guidelines. The Commission asked several clarifying questions of Mr. Collins and Mr. Larner. The Commission also provided several comments and thanked the team for their effort. The Commission voted unanimously to recommend adoption of the draft design guidelines. Item No.6 Pizzeria Mozza - (PA2011 -139) 800 West Coast Highway Summary: An appeal of the Zoning Administrator's approval of Minor Use Permit No. UP2011 -023 to amend existing Use Permit 3542 which allowed an upgrade to the existing Type 41 On -Sale Beer and Wine ABC license to a Type 47 On -Sale General (Beer, Wine & Distilled Spirits) ABC License and reduced the allowed hours of operation for the interior of the restaurant from 12:00 midnight, daily to 11:00 p.m., daily. Allowed hours of the outdoor dining area would remain to 10:00 p.m., daily. No other changes to the existing restaurant operations are proposed or requested. 4 Planning Commission Agenda Report for October 20, 2011 October 25, 2011 Page 5 Assistant Planner Melinda Whelan gave a brief presentation describing the proposed project, the Zoning Administrator action, and indicated that the item was appealed by Commissioner Hawkins. Commission discussion included the parking and valet plan and hours of operation. The applicant provided a brief presentation and one person spoke in favor of the project. No persons spoke in opposition. Following discussion and close of the public hearing, the Commission determined that the findings for approval could be made and voted to uphold the decision of the Zoning Administrator (7 ayes, 0 noes). AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSENT: None. ABSTAIN: None. Submitted by: Gregg RanTiyft, Acti g Planning anager 15 Agenda Item No. 8 October 25, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, October 20, 2011 REGULAR MEETING 4:30 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 three 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 F. CONSENT ITEMS ITEM NO. 1 Minutes of September 22, 2011 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. 2 Newport Beach Country Club - Golf Realty Fund (PA2005 -140) 1600 and 1602 East Coast Highway SUMMARY: Planned Community Development Plan, Vesting Tentative Tract Map, Transfer of Development, Development Agreement, Limited Term Permit, and a Site Development Review for the redevelopment of the Newport Beach Country Club and tennis club. Development would include a new 35,000 square foot golf clubhouse and parking lot, a new 3,725 square -foot tennis club house and parking lot, 7 tennis courts including a new stadium court; 27 hotel rooms with a 2,170 square foot concierge and guest center, a 7,490 square foot spa facility, and 5 single - family residential units. CEQA COMPLIANCE: An Initial Study and Mitigated Negative Declaration (MIND) have been prepared by Keeton Kreitzer Consulting in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The MIND indicates that the potential adverse environmental impacts of the project, in terms of Cultural Resources, Geology and Soils, Noise, and Transportation /Traffic could be mitigated to below levels of significance. The Draft MIND was circulated for public comment from September 20 to October 19, 2010. ACTION: 1) Conduct a public hearing and direct staff to prepare a resolution recommending the following: a) Approval of the Mitigated Negative Declaration, b) Adoption of Planned Community Development Plan as proposed by staff, c) Approval of Tentative Vesting Tract Map, Transfer of Development Rights, Development Agreement, and Limited Term Permit, and d) Approve Site Development Permit for the improvements to the Tennis Club portion of the project site only. 2) Continue the hearing to November 3, 2011, for the adoption of the resolution. ITEM NO.3 Newport Beach Country Club — Newport Beach Country Club, Inc. (PA2008 -152) 1600 East Coast Highway SUMMARY: General Plan Amendment, a Planned Community Development Plan, a Development Agreement, a Limited Term Permit, and Site Development Review for the redevelopment of the Newport Beach Country Club. Development would include the construction of a new 54,819 square -foot clubhouse, parking lot and ancillary storage and maintenance facilities. CEQA COMPLIANCE: An Initial Study and Mitigated Negative Declaration (MND) have been prepared by Keeton Kreitzer Consulting in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The MND indicates that the potential adverse environmental impacts to the project, in terms of Cultural Resources, Geology and Soils, Noise, and Transportation/Traffic could be mitigated to below levels of significance. The Draft MND was circulated for public comment from October 7, 2010, to November 8, 2010. ACTION: 1) Conduct a public hearing and direct staff to prepare a resolution recommending the following: a) Approval of the Mitigated Negative Declaration, b) Approval of General Plan Amendment, Development Agreement, Limited Term Permit, and c) Adoption of an amendment to Planned Community Development Plan No. PC2005- 002 (staffs alternative PCDP) reflecting the increase in intensity for the larger golf clubhouse, d) Approval of Site Development Review application as proposed by the applicant, and 2) Continue the hearing to November 3, 2011, for the adoption of the resolution. ITEM NO.4 Appeal of Lot Merger (PA2011 -141) 2808 and 2812 Ocean Boulevard SUMMARY: An appeal of the Zoning Administrator's decision to approve Lot Merger No. LM2011 -002, which allowed the merger of portions of Lots 4, 5, and 6 of Block 34 located in Corona del Mar, under common ownership, for the purpose of development of a new single family residence. The decision also included approval of a request to waive the requirement to file a parcel map. CEQA COMPLIANCE: If upheld and approved, then this project is exempt from CEQA, pursuant to Section 15305 (Class 5 Minor Alterations in Land Use Limitations) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which consists of projects with minor alterations in land use limitations in areas with an average slope of less than twenty (20 %) percent, which do not result in any changes in land use or density, including minor lot line adjustments not resulting in the creation of any new parcel. This project is consistent with these requirements. If reversed and denied, the project is not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines. ACTION: 1) Conduct a de novo public hearing; and 2) Uphold or reverse the decision of the Zoning Administrator and adopt a Resolution for Lot Merger No. LM2011 -002. ITEM NO. 5 Lido Village Design Guidelines (PA2011 -148) Guidelines would affect future projects within the Lido Village area generally bounded by Newport Boulevard, 32nd Street and Newport Harbor SUMMARY: The City Council Ad -Hoc Neighborhood Revitalization Committee, with full City Council support, has initiated and fostered the preparation of architectural and landscape design guidelines that would be applied to properties within the Lido Village area. :.1x "L1 COMPLIANCE: The proposed action is not defined as a project and does not require environmental review under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project and does not have the potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Section 15378 of the CEQA Guidelines). The adoption of design guidelines does not authorize any specific development or project and would only provide non - regulatory design guidance for future projects that would be subject to CEQA. ACTION: 1) Provide a public forum to review and comment on the draft design guidelines 2) Recommend adoption of the design guidelines to the City Council. ITEM NO. 6 Pizzeria Mozza - (PA2011 -139) 800 West Coast Highway SUMMARY: An appeal of the Zoning Administrator's approval of Minor Use Permit No. UP2011 -023 to amend existing Use Permit 3542 which allowed an upgrade to the existing Type 41 On -Sale Beer and Wine ABC license to a Type 47 On -Sale General (Beer, Wine & Distilled Spirits) ABC License and reduced the allowed hours of operation for the interior of the restaurant from 12:00 midnight, daily to 11:00 p.m., daily. Allowed hours of the outdoor dining area would remain 10:00 p.m., daily. No other changes to the existing restaurant operations are proposed or requested. CEQA COMPLIANCE: If upheld and approved, then this project is exempt from CEQA, pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts minor alterations to existing facilities that involve negligible expansion of the use. If reversed and denied, then the project is not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. ACTION: 1) Conduct a de novo public hearing; and 2) Uphold or reverse the decision of the Zoning Administrator and adopt a Resolution for Minor Use Permit No. UP2011 -023. H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 Community Development Director's report. ITEM NO. 8 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 9 Request for excused absences. ADJOURNMENT