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Home My WebLink About10 - Planning Commission Agenda and Action Report for August 6, 20154 �EVVPORr P q< /PORN TO: Ia:is] Ly, F CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: TITLE: August 11, 2015 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kb ran dt(d newportbeachca.gov Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(cDnewportbeachca.gov Planning Commission Agenda Report for August 6, 2015 ITEM NO. 1 MINUTES OF JULY 23, 2015 The minutes were amended and approved AYES: Brown, Hillgren, Koetting, Kramer, Weigand, and Zak NOES: None ABSENT: Lawler ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 LINDAMOOD -BELL LEARNING CENTER (PA2015 -053) Site Address: 20371 Irvine Avenue, Suite A170 SUMMARY: A conditional use permit to allow a tutoring center (School, Public and Private) specializing in the language and cognitive skill development of children and adults (ages 5 to adult) within an existing two -story office building. A conditional use permit is also required to allow for an adjustment to the off - street parking requirements and to establish a parking management plan for use of the parking lot. CEQACOMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - (Existing Facilities). Assistant Planner Jason Van Patten gave a presentation summarizing the applicants' request. The Planning Commission approved the project with amendments to the conditions. Planning Commission Action Report Page 2 AYES: Brown, Hillgren, Koetting, Kramer, Weigand, and Zak NOES: None ABSENT: Lawler ABSTAIN: None ITEM NO. 3 YACHT ENCHANTRESS GARAGE SETBACK (PA2015 -123) Site Address: 1917 Yacht Enchantress SUMMARY: A request to modify the garage setback as approved on the final setback map for Tract No. 9260. The approved setbacks are 20 feet for the house and 3 feet or 20 feet for the garage. The applicant requests to allow construction of a single -car garage with a varied setback between 11 and 13 feet. 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). Assistant Planner Ben Zdeba gave a presentation summarizing the applicants' request. The Planning Commission approved the project as recommended. AYES: Brown, Hillgren, Koetting. Kramer, Weigand, and Zak NOES: None ABSENT: Lawler ABSTAIN: None ITEM NO. 4 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL (PA2015 -120) Site Address: 1608 West Ocean Front SUMMARY: An appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single - family residence. The applicant desires to use a higher average grade than the grade elevations determined by the Community Development Director. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). At the request of staff, the Planning Commission continued this item to August 20, 2015 to ensure required appeal procedures have been satisfied. AYES: Brown, Hillgren, Koetting, Kramer, Weigand, and Zak NOES: None ABSENT: Lawler ABSTAIN: None ITEM NO. 5 EBB TIDE RESIDENTIAL (PA2014 -110) Site Address: 1560 Placentia Avenue SUMMARY: A Tentative Tract Map, Planned Development Permit, and Traffic Study for the construction of 81 single -unit residential condominiums, private streets, common CEQA COMPLIANCE: Planning Commission Action Report Page 3 open space, and landscaping on a 4.7 -acre site. The application includes a request to exceed the 28 -foot flat roof height limit by approximately 10 feet under the provisions of Zoning Code Section 20.28.060 (Height Overlay District). An Initial Study /Mitigated Negative Declaration ( "IS /MND ") has been prepared by the City of Newport Beach in connection with the application noted above. The IS /MND states that the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the IS /MND and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the IS /MND and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website. The Planning Commission approved the project with amendments to the conditions. AYES: Brown, Koetting. Kramer, Weigand, and Zak NOES: Hillgren ABSENT: Lawler ABSTAIN: None NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 6, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER August 11, 2015 Agenda Item No. 10 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 JULY 23, 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 LINDAMOOD -BELL LEARNING CENTER (PA2015 -053) Site Address: 20371 Irvine Avenue, Suite A170 Summary: A conditional use permit to allow a tutoring center (School, Public and Private) specializing in the language and cognitive skill development of children and adults (ages 5 to adult) within an existing two -story office building. A conditional use permit is also required to allow for an adjustment to the off - street parking requirements and to establish a parking management plan for use of the parking lot. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - (Existing Facilities). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2015 -015. ITEM NO. 3 YACHT ENCHANTRESS GARAGE SETBACK (PA2015 -123) Site Address: 1917 Yacht Enchantress 1 of 3 Summary: A request to modify the garage setback as approved on the final setback map for Tract No. 9260. The approved setbacks are 20 feet for the house and 3 feet or 20 feet for the garage. The applicant requests to allow construction of a single -car garage with a varied setback between 11 and 13 feet. 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. SA2015 -010 to allow a revised garage setback. ITEM NO.4 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL (PA2015 -120) Site Address: 1608 West Ocean Front Summary: An appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single - family residence. The applicant desires to use a higher average grade than the grade elevations determined by the Community Development Director. CEQA Compliance: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. denying the applicant's Appeal to Planning Commission and upholding the Community Development Director's establishment of grade. ITEM NO. 5 EBB TIDE RESIDENTIAL (PA2014 -110) Site Address: 1560 Placentia Avenue Summary: A Tentative Tract Map, Planned Development Permit, and Traffic Study for the construction of 81 single - unit residential condominiums, private streets, common open space, and landscaping on a 4.7 -acre site. The application includes a request to exceed the 28 -foot flat roof height limit by approximately 10 feet under the provisions of Zoning Code Section 20.28.060 (Height Overlay District). CEQA Compliance: An Initial Study /Mitigated Negative Declaration ( "IS /MND ") has been prepared by the City of Newport Beach in connection with the application noted above. The IS /MND states that the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the IS /MND and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the IS /MND and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website. Recommended Action: 1. Conduct public hearing; and 2 of 3 2. Adopt Resolution No. adopting Mitigated Negative Declaration No. ND2015 -002 and approving Tentative Tract Map No. NT2014 -002, Planned Development Permit No. PL2015- 001, and Traffic Study TS2014 -007. VIII. STAFF AND COMMISSIONER ITEMS III 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 3. Mariners' Mile Update 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 3of3