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Home My WebLink About05 - Planning Commission AgendaF SEW voRr o � � A� c�<iconN�P TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 5 March 27, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kbrandt(cDnewportbeachca.gov PREPARED BY: Gregg Ramirez, Senior Planner 949 - 644 -3219; gramirezanewportbeach.ca.gov APPROVED: J . A" TITLE: Planning Commission Agenda Report for March 22, 2012 Item No. 1 Minutes of March 8, 2012, Study Session The minutes were approved (3 ayes, 2 abstentions, 2 absent). AYES: Myers, Toerge, Tucker. NOES: None. ABSENT: Ameri and Kramer. ABSTAIN: Brown and Hillgren. Item No. 2 Minutes of March 8, 2012 The minutes were approved (3 ayes, 2 abstentions, 2 absent). AYES: Myers, Toerge, and Tucker. NOES: None. ABSENT: Ameri and Kramer. ABSTAIN: Brown and Hillgren. Item No. 3 2808 and 2812 Ocean Boulevard Lot Merger (PA2011 -141) Summary: At the direction of the City Council, the Planning Commission will reconsider Lot Merger Application No.LM2011 -002 to merge 2808 and 2812 Ocean Boulevard. The Commission will review alternative development standards proposed by the applicant to be applied to development of the property. After review, the Planning Commission will make a recommendation to the City Council to either deny or approve the lot merger application. Item No. 4 1.91L�ih�IA:�'/I Planning Commission Agenda Report for March 22, 2012 March 27, 2012 Page 2 Assistant Planner Kay Sims gave a presentation describing the history of the application and explained that the alternative development standards proposed by the proponent related to height and floor area limit were more restrictive than then the R -1 standards prescribed by the zoning code. Following the staff report, representatives for the applicant described their proposal to apply alternative development standards to the merged lot. In addition to the height and floor area limits they added that they would be willing to increase the side yard setbacks from the code required 4 feet on each side to 6 feet on each side. Their presentation included architectural renderings and photo simulations of a home that would comply with the proposed height and floor area limits. Following the proponents, the representative for the group that appealed the Zoning Administrator's decision gave a presentation. They indicated they believed the findings for approval could not be made and that the merged lot would create a large lot out character for the neighborhood. Additionally, they discussed the subdivision history of Block 34, neighborhood opposition to the proposed merger, and provided statistics that compared the proposed lot to other lots throughout Corona del Mar. Ten residents, spoke in opposition. Issues identified included view obstruction, health of nearby residents, that findings for approval could not be made, construction noise, excessive and out of character development and non - compliance with deed restrictions limiting the height of strictures to one story. Four people spoke in favor of the project indicating that the proposed development standard would result in a one story home and that the development would be consistent with the existing development along Ocean Boulevard. Following the close of public hearing, Commission discussion included the intent of the findings and whether all five findings could be made, the size of the lot in relation to other lots in the area, accuracy of view simulations, the proposed alternative development standards and the proposed restrictive covenant. After discussion, the Commission voted to recommend approval of the lot merger to the City Council. Their recommendation includes the applicant's proposed alterative regulations, including the 6 foot side yard setbacks, plus additional restrictions that limit the floor area to .75 of the buildable area and reduce the height limit proposed by the applicant by 3 feet. (3 ayes, 2 noes) AYES: Brown, Hillgren and Myers. NOES: Toerge and Tucker. ABSENT: Ameri and Kramer. ABSTAIN: None. Newport Banning Ranch - (PA2008 -114) 5200 West Coast Highway The application is for a proposed planned community on a 401.1 acre project site for development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary Planning Commission Agenda Report for March 22, 2012 March 27, 2012 Page 3 resort uses, 75,000 square feet of commercial uses, approximately 51.4 acres of parklands, and approximately 252.3 acres of permanent open space. The public hearing was limited to consideration of the environmental impact report (EIR) that was prepared to evaluate the environmental impacts resulting from the proposed project. Chair Toerge made an introductory statement on the purposes of an EIR and the Commission's role and responsibility in making a recommendation to the City Council on its certification. Chair Toerge then requested that staff respond to a number of issues that were raised through comments on the Draft EIR and during the four study sessions on the project. After hearing responses from City staff, the City's environmental consultants, and the applicant, Chair Toerge opened the public hearing. The Commission received testimony from twenty -six people. The Commission voted to extend the hearing beyond their 11:30 p.m. time limit. Following a discussion on the EIR and the comments received, the Commission voted (4 ayes, 1 no) to recommend that the City Council certify the EIR. AYES: Tucker, Hillgren, Toerge, Brown. NOES: Myers. ABSENT: Ameri and Kramer. ABSTAIN: None. Submitted by: Agenda Item No. 5 March 27, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, March 22, 2012 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 three (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 F. CONSENT ITEMS ITEM NO. 1 Minutes of March 8, 2012, Study Session ACTION: Approve and file. ITEM NO. 2 Minutes of March 8, 2012 ACTION: Approve and file. G. PUBLIC HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE (3) MINUTES ON ALL ITEMS. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) 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 2808 and 2812 Ocean Boulevard Lot Merger - (PA2011 -141) 2808 and 2812 Ocean Boulevard Lot Merger SUMMARY: At the direction of the City Council, the Planning Commission will reconsider Lot Merger Application No.LM2011 -002 to merge 2808 and 2812 Ocean Boulevard. The Commission will review alternative development standards proposed by the applicant to be applied to development of the property. After review, the Planning Commission will make a recommendation to the City Council to either deny or approve the lot merger application. CEQA COMPLIANCE: This project is categorically exempt under Section 15305 (Class 5 - Minor Alterations in Land Use Limitations), of the California Environmental Quality Act (CEQA) Implementing Guidelines, because it has no potential to have a significant effect on the environment. Class 5 exempts projects which consist of minor alterations in land use limitations in areas with an average slope of less than 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. ACTION: 1) Conduct a public hearing; and 2) Recommend the City Council either approve or deny Lot Merger No. LM2011- 002 No._by adopting: • Draft Resolution for Denial (Attachment No. PC 1); or • Draft Resolution for Approval (Attachment No. PC 2), which includes Exhibit "A" Findings and Conditions, and waiver of the requirement to file a parcel map. ITEM NO. 4 Newport Banning Ranch - (PA2008 -114) 5200 West Coast Highway SUMMARY: A proposed planned community on a 401.1 acre project site for development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of commercial uses, approximately 51.4 acres of parklands, and approximately 252.3 acres of permanent open space. CEQA COMPLIANCE: An Environmental Impact Report (EIR) SCH No. 2009031061 to evaluate the environmental impacts resulting from the proposed project. The EIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). 1) ACTION: 1) Receive staff report focused in Environmental Impact Report; 2) Conduct a public hearing; and 3) Continue public hearing to April 5, 2012. H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 Community Development Director's report. ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 7 Request for excused absences. ADJOURNMENT Agenda Item No. 5 March 27, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, March 22, 2012 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 three (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 F. CONSENT ITEMS ITEM NO. 1 Minutes of March 8, 2012, Study Session ACTION: Approve and file. ITEM NO. 2 Minutes of March 8, 2012 ACTION: Approve and file. G. PUBLIC HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE (3) MINUTES ON ALL ITEMS. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) 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 2808 and 2812 Ocean Boulevard Lot Merger - (PA2011 -141) 2808 and 2812 Ocean Boulevard Lot Merger SUMMARY: At the direction of the City Council, the Planning Commission will reconsider Lot Merger Application No.LM2011 -002 to merge 2808 and 2812 Ocean Boulevard. The Commission will review alternative development standards proposed by the applicant to be applied to development of the property. After review, the Planning Commission will make a recommendation to the City Council to either deny or approve the lot merger application. CEQA COMPLIANCE: This project is categorically exempt under Section 15305 (Class 5 - Minor Alterations in Land Use Limitations), of the California Environmental Quality Act (CEQA) Implementing Guidelines, because it has no potential to have a significant effect on the environment. Class 5 exempts projects which consist of minor alterations in land use limitations in areas with an average slope of less than 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. ACTION: 1) Conduct a public hearing; and 2) Recommend the City Council either approve or deny Lot Merger No. LM2011- 002 No._by adopting: • Draft Resolution for Denial (Attachment No. PC 1); or • Draft Resolution for Approval (Attachment No. PC 2), which includes Exhibit "A" Findings and Conditions, and waiver of the requirement to file a parcel map. ITEM NO. 4 Newport Banning Ranch - (PA2008 -114) 5200 West Coast Highway SUMMARY: A proposed planned community on a 401.1 acre project site for development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of commercial uses, approximately 51.4 acres of parklands, and approximately 252.3 acres of permanent open space. CEQA COMPLIANCE: An Environmental Impact Report (EIR) SCH No. 2009031061 to evaluate the environmental impacts resulting from the proposed project. The EIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). 1) ACTION: 1) Receive staff report focused in Environmental Impact Report; 2) Conduct a public hearing; and 3) Continue public hearing to April 5, 2012. H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 Community Development Director's report. ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 7 Request for excused absences. ADJOURNMENT