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HomeMy WebLinkAbout0.0_AGENDACITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 18, 2018 REGULAR MEETING - 6:30 P.M. PETER KOETTING Chair PETER ZAK ERIK WEIGAND Vice Chair Secretary BILL DUNLAP LAUREN KLEIMAN KORY KRAMER LEE LOWREY 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: SEIMONE JURJIS, Community Development Director JIM CAMPBELL, Deputy Community Development Director MICHAEL TORRES, Assistant City Attorney TONY BRINE, City Traffic Engineer BRITTANY RAMIREZ, 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.newporibeachca.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 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 18, 2018 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 DECEMBER 7, 2017 Recommended Action: Approve and file VII. CONTINUED BUSINESS: ITEM NO. 2 76 STATION EXPANSION (PA2017-067) Site Location: 1461 Superior Avenue Summary: A conditional use permit to expand an existing service station convenience store. The request includes the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control (ABC) License, an increase in hours of operation, and a modification to the landscaping requirements. On November 9, 2017, the Planning Commission conducted a public hearing and continued consideration of the project to this meeting. The Commission expressed concerns with the project height, size of the second story, the visual impacts of the rear elevation to the adjacent residential property, lighting impacts on adjacent residential properties, and requested hours of operation. The applicant has revised the project. If approved, this Conditional Use Permit would supersede Use Permit No. UP3566. Recommended Action: 1. Conduct a public hearing, and if the applicant's proposed changes to the project address Commission concerns and the Commission is able to make all of the required findings; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2018-001 approving Conditional Use Permit No. UP2017-007 (Attachment No. PC 1). VIII. 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. 2 of 4 Planning Commission - January 18, 2018 ITEM NO. 3 URBAN CUP MINOR USE PERMIT (PA2017-096) Site Location: 2200 West Ocean Front Summary A minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license to an existing food service, eating and drinking establishment use (restaurant). The existing small restaurant is 1,625 square feet and includes 450 square feet of net public area and 32 seats. Hours of operation are 7 a.m. to 11 p.m. daily. There are no late hours (after 11 p.m.) proposed. If approved this minor use permit would supersede UP3535 that authorizes and limits the current use. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2018-002 denying Minor Use Permit No. UP2017-013. ITEM NO. 4 MYERS PROPERTY ALTERNATIVE SETBACK DETERMINATION (PA2017-184) Site Location: 358 Dahlia Place Summary: The applicant requests approval of alternative front and rear setbacks pursuant to NBMC Section 20.30.110(C) and Section 21.30.110(C) due to the orientation of the lot and the lack of public right-of-way access that results in undue development limitations created by the Code -required setbacks. Specifically, the proposal is to reduce the 20 -foot front setback along Bayside Drive to 7 feet and increase the Code - required 10 -foot rear alley setback along a private alley to 12 feet. The requirements for 6.5 foot side yard setbacks would remain unchanged. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which consists 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 but not limited to, minor lot line adjustments and setback variances not resulting in the creation of any new parcel; and 3. Adopt Resolution No. 2018-003 approving Staff Approval No. SA2017-009. ITEM NO. 5 BALBOA THEATER RENOVATION (PA2017-152) Site Location: 707 East Balboa Boulevard Summary: The applicant proposes to renovate and operate the Balboa Theater as a performing arts and special event theater. The renovations include exterior fagade restoration with new openable storefront windows, a recreated historical marquee, a small outdoor dining area on either side of the main entry, and a rooftop deck. The principal use of the site will remain a theater consistent with the Landmark Theater designation of the Zoning Code. The project includes an accessory cafe (eating and drinking establishment) to serve theater patrons and the general public. As proposed, the cafe will operate from 8 a.m. to 12 a.m., daily, with a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage IX. Planning Commission - January 18, 2018 Control (ABC) License. The Conditional Use Permit is required to allow the sale and service of alcohol. A Major Site Development Review application is required to increase the height of the building to accommodate a new rooftop deck. A Coastal Development Permit is required to permit the renovation and operation of the theater within the Coastal Zone. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302, Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2018-004 approving Use Permit UP2017-021, Major Site Development No. SD2017-005, and Coastal Development Permit No. CD2017-064. ITEM NO. 6 KOLL CENTER RESIDENCES (PA2015-024) Site Location: 4400 Von Karman Avenue Summary: A mixed-use residential development of up to 260 residential condominiums, 3,000 square feet of retail use, a freestanding parking garage, a 1.17 -acre neighborhood park to be built on the 13.16 - acre surface parking and common landscape areas of the Koll Center Newport Planned Community. The study session is intended to provide the Planning Commission and public an opportunity to review and discuss the proposed project including the Draft Environmental Impact Report. The study session is for discussion purposes only, and no action will be taken by the Planning Commission. Recommended Action: 1. Conduct a study session; 2. Continue the project to a future date; and 3. Direct staff to prepare a recommendation for action, including any necessary resolutions for consideration. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items ITEM NO.9 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES XI