The URL can be used to link to this page

Home My WebLink About11 - Planning Commission Agenda and Action Report�F.W?OgT U C'QFORH�* TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 11 September 27, 2011 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(a)newportbeachca.gov APPROVED: A TITLE: Planning Commission Agenda Report for September 22, 2011 Item No. 1 Minutes of August 4, 2011 The minutes were amended and approved (5 ayes, 2 abstentions). AYES: Ameri, Hawkins, Hillgren, Kramer, and Toerge NOES: None. ABSENT: None. ABSTAIN: Unsworth and Myers Item No.2 Minutes of August 18, 2011 The minutes were amended and approved (7 ayes, 0 noes) AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSENT: None. ABSTAIN: None. Item No.3 Nguyen Residence Site Development Review (PA2011 -129) 1401 Dolphin Terrace Summary: A site development review to allow for the construction of 16 caissons for safety and slope stability for an existing single - family house and accessory structures. The project would allow the proposed caissons to encroach a maximum 15 feet into Development Area C. Planning Commission Agenda Report for September 22, 2011 September 27, 2011 Page 2 Acting Planning Manager Gregg Ramirez gave a presentation briefly explaining the provisions of the bluff overlay district and describing the request. The applicant's landscape architect briefly spoke about the need for the project and stated that he had read the conditions of approval and was agreeable to them. The Planning Commission voted unanimously to approve the project as recommended by staff (7 ayes, 0 noes). AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSENT: None. ABSTAIN: None. Item No.4 Alternative Setback Determination (PA2011 -149) 1400 East Ocean Front Summary: The applicant is requesting an alternative setback determination for property located at 1400 East Ocean Front to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: Front (Along East Ocean Front) — 10 feet o Sides — 3 feet Rear (Opposite East Ocean Front) — 3 feet Planning Technician Benjamin Zdeba gave a presentation summarizing the request and explained how staff analyzes the floor area ratio and the pattern of surrounding development when looking at these applications. The Commission was generally in favor of the recommended front and side setbacks and focused their discussion on what an appropriate rear yard setback should be. The property owners of the two adjacent properties spoke in opposition to the proposed project expressing concern that the proposed setbacks would negatively impact light and air on their properties. Following discussion, the Commission voted to approve the request as recommended with the exception of the rear setback which was set at 10 feet (4 ayes, 3 noes). AYES: Amen, Hillgren, Myers, and Toerge NOES: Hawkins, Kramer, and Unsworth ABSENT: None. ABSTAIN: None. 2 Item No.5 Summary: Planning Commission Agenda MacArthur at Dolphin- Striker (PA2010 -135) 4221 Dolphin- Striker Way Report for September 22, 2011 September 27, 2011 Page 3 The applicant proposes a planned community development plan amendment to allow the construction of two, single -story commercial buildings of 13,525 square feet total. The following approvals are requested or required in order to implement the project as proposed: 1, An amendment to the Newport Place (PC -11) Planned Community Development Plan to change the zoning designation of the subject property from 'Restaurant Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of the Municipal Code. Transfer of Development Rights to allow the transfer of 48 unbuilt hotel units, which equate to 3,909 square feet of specialty retail, from Hotel Site 2 -13 (Fletcher Jones Vehicle Storage Facility at 1301 Quail Street) and 1,620 square feet from General Commercial Site 7 (Lexus Dealership at 3901 MacArthur Boulevard) for a total of 5,529 square feet to the subject site, pursuant to Chapter 20.46 (Transfer of Development Rights) of the Municipal Code. 3. Traffic Study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as the project will generate in excess of 300 average daily trips (ADT). 4. Conditional Use Permit to modify the off - street parking requirements, allow for the use of off -site parking, and to establish a parking management plan for the site, pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code. 5. Waiver of the requirement for a Development Agreement pursuant to the provisions of Chapter 15.45 (Development Agreements) of the Municipal Code. 6. Modification Permit to deviate from the landscaping requirements of the Newport Place (PC -11) Planned Community Development Plan, pursuant to Section 20.52.050 of the Municipal Code. Principal Planner James Campbell gave a presentation describing the site plan, access, parking program, transfers of development rights and landscaping. The applicant and project architect also made a presentation and responded to multiple questions raised by the Commission. During a lengthy discussion, the Commission expressed concern and questioned the safety of the proposed right and left hand turn access from MacArthur 3 Planning Commission Agenda Report for September 22, 2011 September 27, 2011 Page 4 Boulevard, the short (12 month) length of the off -site parking agreement and the relationship between the transfer of development rights and the subsequent need for a parking waiver. Following discussion and close of the public hearing, the Commission determined that the findings for approval could not be made and voted to deny the project (4 ayes, 3 noes). AYES: Amen, Hawkins, Hillgren and Toerge NOES: Kramer, Myers, and Unsworth ABSENT: None. ABSTAIN: None. Submitted by: Gregg Ramirez, Acting rla ning Manager Agenda Item No. 11 September 27, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, September 22, 2011 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 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 August 4, 2011 ACTION: Approve and file. ITEM NO.2 Minutes of August 18, 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. 3 Nguyen Residence Site Development Review (PA2011 -129) 1401 Dolphin Terrace SUMMARY: A site development review to allow for the construction of 16 caissons for safety and slope stability for an existing single - family house and accessory structures. The project would allow the proposed caissons to encroach a maximum 15 feet into Development Area C. CEQA 5 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). The proposed development involves the construction of accessory caissons for the existing single - family residence within Development Area C of the Bluff Overlay District. Therefore, the proposed project qualifies for an exemption under Class 3. ACTION: 1) Conduct public hearing; and 2) Approve Site Development Review No. SD2011 -001, to allow the proposed caissons, subject to the findings and conditions of approval in the draft resolution. ITEM NO. 4 Alternative Setback Determination (PA2011 -149) 1400 East Ocean Front SUMMARY: The applicant is requesting an alternative setback determination for property located at 1400 East Ocean Front to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: Front (Along East Ocean Front) — 10 feet Sides — 3 feet Rear (Opposite East Ocean Front) — 3 feet CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The alternative setback determination does not constitute a major change which would require environmental review. ACTION: 1) Conduct public hearing; and 2) Approve Alternative Setback No. SA2011 -019 with the attached Alternative Setback Determination letter. ITEM NO. 5 MacArthur at Dolphin- Striker (PA2010 -135) 4221 Dolphin- Striker Way SUMMARY: The applicant proposes a planned community development plan amendment to allow the construction of two, single -story commercial buildings of 13,525 square feet total. The following approvals are requested or required in order to implement the project as proposed: 1. An amendment to the Newport Place (PC -11) Planned Community Development Plan to change the zoning designation of the subject property from "Restaurant Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of the Municipal Code. 0 2. Transfer of Development Rights to allow the transfer of 48 unbuilt hotel units, which equate to 3,909 square feet of specialty retail, from Hotel Site 2 -B (Fletcher Jones Vehicle Storage Facility at 1301 Quail Street) and 1,620 square feet from General Commercial Site 7 (Lexus Dealership at 3901 MacArthur Boulevard) for a total of 5,529 square feet to the subject site, pursuant to Chapter 20.46 (Transfer of Development Rights) of the Municipal Code. 3. Traffic Study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as the project will generate in excess 300 average daily trips (ADT). CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION: 1) Receive public comments; and 2) Adopt a resolution recommending that the City Council: a. Adopt Mitigated Negative Declaration No. ND2011 -001 and Errata, including the Mitigation Monitoring and Reporting Program; b. Find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2011 -002, that the project complies with the Traffic Phasing Ordinance; and c. Approve Planned Community Text Amendment No. PD2010 -007, Transfer of Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026, and Modification Permit No. MN2011 -014; and d. Waiver of the requirement for a Development Agreement H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 Community Development Director's report. 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 7