HomeMy WebLinkAbout0.0 - Agenda CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 6, 2016
REGULAR MEETING -6:30 P.M.
KORY KRAMER
Chair
PETER KOETTING PETER ZAK
Vice Chair Secretary
BILL DUNLAP
BRADLEY HILLGREN
RAYMOND LAWLER
ERIK WEIGAND
Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning
Commission. They were appointed by the City Council by majority vote for 4-year terms. At the table in
front are City staff members who are here to advise the Commission during the meeting. They are:
BRENDA WISNESKI, Deputy Community
Development Director
MICHAEL TORRES, Assistant City Attorney TONY BRINE, City Traffic Engineer
JENNIFER BIDDLE, Administrative Support Specialist
NOTICE TO THE PUBLIC
Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of
each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's web site at:
http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning
Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies
of any of the staff reports or other documentation, please contact the Community Development Department, Planning
Division staff at (949) 644-3200.
This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the
Commission's agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to
comment on agenda items before the Commission and items not on the agenda but are within the subject matter
jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time,
generally three (3) minutes per person. All testimony given before the Planning Commission is recorded.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally
provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact
Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine
if accommodation is feasible (949-644-3005 or(brown@newportbeachca.gov).
APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become
effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in
accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map,
Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of
approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the
Newport Beach Municipal Code. General Plan and Zoning Amendments are automatically forwarded to the City
Council for final action.
1 of 5
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 6, 2016
REGULAR MEETING—6:30 P.M.
I. CALL TO ORDER
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 SEPTEMBER 22,2016
Recommended Action: Approve and file
ITEM NO. 2 MINUTES OF SEPTEMBER 26,2016
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. 3 AUTONATION PORSCHE OF NEWPORT BEACH (PA2015-095)
Site Location: 320-600 W. Coast Highway in the Mariner's Mile area approximately 500
feet west of the intersection of West Coast Highway and Dover Drive
Summary:
Site Development Review, Conditional Use Permit, and Traffic Study for the construction
and operation of a 38,473 square foot automobile sales and service facility (dealership)
including a showroom, outdoor vehicle display areas, offices, service facility, vehicle
inventory storage and employee parking on the roof of the building. A Tentative Parcel Map
is proposed to consolidate 11 existing lots creating one 1.64 acre lot. A Variance application
was added after the August 18, 2016, hearing based upon Planning Commission comments
to potentially allow a cover for the rooftop parking, which would exceed the 35-foot height
limit. The applicant is not proposing a full rooftop cover or a Variance. The project also
includes a 12-foot dedication along the Coast Highway frontage and will include the widening
of Coast Highway creating a new 3'd northbound traffic lane fronting the project site and the
two abutting properties to the east and west.
CEQA Compliance:
A Mitigated Negative Declaration has been prepared by the City of Newport Beach in
connection with the application noted above. The Mitigated Negative Declaration states that, the
subject development will not result in a significant effect on the environment with the
2 of 5
Planning Commission October 6, 2016
incorporation of several mitigation measures. It is the present intention of the City to accept the
Negative Declaration 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 Mitigated Negative
Declaration and supporting documents are available for public review and inspection at the
Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. -- adopting Mitigated Negative Declaration No. ND2016-003,
finding Traffic Study No. 2015-001 consistent with the Traffic Phasing Ordinance, and
approving Site Development Review SD2015-002, Conditional Use Permit No. UP2015-025,
and Parcel Map No. NP2015-010.
ITEM NO. 4 ORANGE THEORY FITNESS CONDITIONAL USE PERMIT (PA2016-116)
Site Location: 3021 East Coast Highway
Summary:
A conditional use permit to establish a 2,783-square-foot health and fitness facility in a
vacant retail space within a shopping center. The facility would offer group training sessions
and would have a maximum of 24 students and four employees. The facility utilizes a mix of
treadmills, rowing machines, benches, free weights, and suspension unit training within the
tenant space. Proposed hours of operation are 5:00 a.m. to 8:00 p.m. Monday through
Friday and 6:00 a.m. to 4:00 p.m. Saturday and Sunday. Also included is a request to waive
2 required parking spaces.
CEQA Compliance:
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines- Class 1 (Existing Facilities).
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No._approving Conditional Use Permit No. UP2016-031.
ITEM NO.5 DORY DELI EXPANSION (PA2016-067)
Site Location: 2108 %West Ocean Front
Summary:
A request for a conditional use permit to expand the existing restaurant into the adjacent 475-
square-foot retail tenant space to create new dining area with a bar counter. Also included is a
request to change the existing Type 41 (On Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) license to a Type 47 (On Sale General — Eating Place) ABC license.
The applicant is proposing to operate from 9:00 a.m. to 11:30 p.m., Monday through Thursday,
and 9:00 a.m. to 12:30 a.m. on Friday through Sunday. There will be no live entertainment or
dancing. Pursuant to NBMC 5.25, the operation as described requires the owner/operater to
obtain an operator license with the approval of a conditional use permit. Also requested is a
reduction of the required off-street parking in conjunction with the proposed expansion.
CEQA Compliance:
3 of 5
Planning Commission October 6, 2016
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines—Class 1 (Existing Facilities).
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. _approving Conditional Use Permit No. UP2016-016.
ITEM NO. 6 GENERAL PLAN LAND USE ELEMENT CORRECTION -NEWPORT COAST
(PA2006-159)
Site Location: Citywide
Summary:
During the 2014 Land Use Element Amendment project, staff identified an error in Land Use
Element Table LU2 -Anomaly Locations. The 2006 General Plan update failed to accurately
account for all the allowed development capacity in Anomaly No. 60. Anomaly No. 60 is
located in Newport Coast and identifies the allowed number of hotel rooms and related floor
area development capacity. This recommended correction will resolve the error of fact and
will make the general plan development capacity consistent with the Newport Coast Local
Coastal Program, the terms of the Newport Coast Annexation and Development Agreement,
and with the terms of the Cooperative Agreement with the County of Orange.
CEQA Compliance:
This correction of a factual error is covered by the general rule that the California
Environmental Quality Act(CEQA)applies only to projects that have the potential for causing
a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It
can be seen with certainty that there is no possibility that this activity will have a significant
effect on the environment. Therefore, this activity is not subject to CEQA.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. _approving that the proposed correction to the Land Use
Element related to Anomaly No. 60 located in Newport Coast is accurate and
consistent with Section 8 of City Council Resolution No. 2006-76, adopting the City
of Newport Beach 2006 General Plan.
ITEM NO.7 NEWPORT COAST DEVELOPMENT AGREEMENT(PA2016.165)
Site Location: Citywide
Summary:
The applicant requests to extend the term of the Annexation and Development Agreement
between the City of Newport Beach (City) and Irvine Company and Irvine Community
Development Company concerning the Newport Coast and Adjacent Properties (Agreement)
as specified in Section 10.1 of the Agreement from January 1, 2017 to January 1, 2032. No
other substantive changes, including changes to commercial and residential development
capacity, are proposed.
CEQA Compliance:
All significant environmental concerns for the proposed project have been addressed in the
previously prepared environmental documents certified by the County and described in
Exhibit C of the Agreement, and the City intends to use said documents for the Agreement
amendment, and further that there are no additional reasonable alternative or mitigation
4 of 5
Planning Commission October 6, 2016
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and inspection
at the City's Planning Division.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. approving the First Amendment to the Annexation and
Development Agreement DA2016-002.
VIII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 8 MOTION FOR RECONSIDERATION
ITEM NO. 9 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
2. Update on City Council Items
ITEM NO. 10 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
5 of 5