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Home My WebLink About08 - Planning Commissions Agendas and Action ReportsSEW P0_ u rte-_ s c "9<! FO RNP TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report December 10, 2019 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Community Development Director, jcampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for November 21, 2019 ITEM NO. 1 MINUTES OF OCTOBER 17, 2019 SUMMARY: Draft minutes from the October 17, 2019 meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested amendments to the minutes. The amended minutes were approved by the following vote. AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Approved as amended. PUBLIC HEARING ITEMS: ITEM NO. 2 NEWPORT AUTO CENTER CONDITIONAL USE PERMIT REVIEW (PA2017- 097) Site Location: 445 East Coast Highway and 1131 Back Bay Drive SUMMARY: A one-year review will be conducted for Conditional Use Permit No. UP2017-014, which authorizes the vehicle sales and also allows off-site parking for employees of the Newport Auto Center at the Dunes property located at 1131 Back Bay Drive. The purpose of this review is to determine compliance with the conditions of approval of the conditional use permit. The Planning Commission approved the project as recommended with modifications to the conditions. AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Ellmore ABSTAIN: None ACTION: Approved as amended. 8-1 Planning Commission Agenda Report for November 21, 2019 December 10, 2019 Page 2 ITEM NO. 3 APPEAL OF SHEEHY RESIDENCE CDP (PA2017-179) Site Location: 2495 Ocean Boulevard SUMMARY: An appeal of the Zoning Administrator's July 11, 2019, decision to approve Coastal Development Permit No. CD2017-076 related to the demolition of an existing single-family residence and detached one -car garage, and the construction of a new 6,630 -square -foot, single-family residence with an attached 656 -square -foot, three -car garage located at 2495 Ocean Boulevard. The proposed development also includes accessory elements such as walls, fences, patios, hardscape, swimming pool, drainage devices and landscaping. The proposed project complies with all applicable development standards and no deviations are requested. The appeal was filed by a neighboring resident. The Planning Commission conducted a public hearing and approved the project as recommended. AYES: Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand NOES: Rosene ABSENT: Ellmore ABSTAIN: None ACTION: Approved. ITEM NO. 4 COTTAGE PRESERVATION CODE AND LCP AMENDMENTS (PA2019-181) Site Location: Citywide SUMMARY: Amendments to the Local Coastal Program (Coastal Land Use Plan and Implementation Plan), Newport Beach Municipal Code Title 20 (Planning and Zoning), and Title 15 (Building and Construction) to incentivize the preservation of cottages. Specifically, the amendments would allow larger additions of up to fifty (50) percent of the existing floor area of a residential development that is nonconforming due to parking when the project would result in the preservation of the cottage character of the development and a building envelope representative of traditional development patterns in the City. Eligible projects would also receive relief from a building code valuation threshold, which requires building code compliance as new construction. The Planning Commission approved the amendment with changes. AYES: Klaustermeier, Koetting, Lowrey, Rosene, and Weigand NOES: Kleiman ABSENT: Ellmore ABSTAIN: None ACTION: Approved as amended. 8-2 SEW P0_ u rte-_ s c "9<! FO RNP TO: FROM CITY OF NEWPORT BEACH City Council Staff Report December 10, 2019 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Community Development Director, jcampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for December 5, 2019 PUBLIC HEARING ITEMS: ITEM NO. 1 LIDO ISLE HEDGE HEIGHTS CODE AND LCP AMENDMENTS (PA2019-132) Site Location: Lido Isle SUMMARY: Amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan) to raise maximum hedge height limitations in front setbacks abutting stradas on Lido Isle from 42 inches to 60 inches. The Planning Commission conducted a public hearing and took the recommended action to recommend City Council adoption of the proposed amendment by the following vote: AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None ACTION: Recommend adoption of the proposed amendment. ITEM NO. 2 FUNKE VARIANCE (PA2018-042) Site Location: 536 Hazel Drive SUMMARY: A request to construct a 777 -square -foot addition to an existing 2,011 -square -foot, single-family residence to accommodate a code -compliant two -car garage and additional second floor living area. Specifically, the variance is requested to allow a portion of the proposed garage and new second floor bedroom to encroach 2 feet into the required 5 -foot front setback along Hazel Drive. The Planning Commission conducted a public hearing and approved the project as recommended by the following vote: 8-1 ACTION ITEM NO. 3 Planning Commission Agenda Report for December 5, 2019 December 10, 2019 Page 2 AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier ABSTAIN: None Approved. MALIBU FARM EXPANSION (PA2019-057) Site Location: 3416, 3420, and 3424 Via Oporto SUMMARY: A minor use permit to expand an existing food service, eating and drinking establishment with a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license. The existing restaurant is located at 3420 Via Oporto and includes indoor and outdoor areas. The existing 624 -square -foot, take-out only ice cream and coffee shop (to remain) is located at 3416 Via Oporto. The proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into additional restaurant space. No late hours (after 11 p.m.) are proposed. The Minor Use Permit application would supersede Use Permit No. UP2017-026 if approved. The Planning Commission approved the project as recommended with modifications to the conditions by the following vote: AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: Klaustermeier and Kleiman ABSTAIN: None ACTION: Approve as amended 8-2 December 10, 2019 Agenda Item No. 8 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 5, 2019 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. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. 2 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. 1 LIDO ISLE HEDGE HEIGHTS CODE AND LCP AMENDMENTS (PA2019-132) Site Location: Lido Isle Summary: Amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan) to raise maximum hedge height limitations in front setbacks abutting stradas on Lido Isle from 42 inches to 60 inches. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; 3. Adopt Resolution No. PC2019-035 recommending the City Council approve Code Amendment No. CA2019-005; and 4. Adopt Resolution No. PC2019-036 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019- 002 to the California Coastal Commission. ITEM NO. 2 FUNKE VARIANCE (PA2018-042) Site Location: 536 Hazel Drive Summary: A request to construct a 777 -square -foot addition to an existing 2,011 -square -foot, single-family residence to accommodate a code -compliant two -car garage and additional second floor living area. Specifically, the variance is requested to allow a portion of the proposed garage and new second floor bedroom to encroach 2 feet into the required 5 -foot front setback along Hazel Drive. 1 of 2 Planning Commission Regular Meeting Agenda December 5, 2019 Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-037 approving Variance No. VA2018-002. ITEM NO. 3 MALIBU FARM EXPANSION (PA2019-057) Site Location: 3416, 3420, and 3424 Via Oporto Summary: A minor use permit to expand an existing food service, eating and drinking establishment with a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license. The existing restaurant is located at 3420 Via Oporto and includes indoor and outdoor areas. The existing 624 - square -foot, take-out only ice cream and coffee shop (to remain) is located at 3416 Via Oporto. The proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into additional restaurant space. No late hours (after 11 p.m.) are proposed. If approved, this Minor Use Permit would supersede Use Permit No. UP2017-026. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-038 approving Minor Use Permit No. UP2019-022 and rescinding Use Permit No UP2017-026. VII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES VIII. ADJOURNMENT 2 of 2