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HomeMy WebLinkAbout16 - Planning Commission Agenda and Action ReportQ SEW Pp�T CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 24, 2021 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: 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 August 19, 2021 CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 22, 2021 SUMMARY: Draft minutes from the July 22, 2021, meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits to the minutes. The Planning Commission approved the amended minutes by the following vote. AYES: Ellmore, Lowrey, Koetting, Rosene, and Weigand NOES: None ABSENT: None ABSTAIN: Klaustermeier and Kleiman ACTION: Approved as amended. ITEM NO. 2 AERIE COMMUNITY ASSOCIATION ENCROACHMENT (PA2021-166) Site Location: 101 Carnation Avenue SUMMARY: The Applicant requests approval to retain non-compliant private improvements consisting of a 42 -inch high wrought iron guardrail on top of a 40 -inch maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50 -foot wide Carnation Avenue public right-of-way. The Planning Commission received public comment and discussed the item. The Commission approved the item by the following vote: AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: None ABSTAIN: None RECUSAL: Ellmore ACTION: Approved as recommended. PUBLIC HEARING ITEMS 16-1 Planning Commission Agenda Report for August 19, 2021 August 24, 2021 Page 2 ITEM NO. 3 CIRCLE HOOK ALCOHOL LICENSE UPGRADE (PA2021-107) Site Location: 3432 Via Oporto SUMMARY: A request to amend and supersede an existing minor use permit that allows a restaurant with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new Minor Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On -Sale General — Eating Place). There are no late hours (after 11 p.m.) and no operational changes or physical alterations proposed as part of this project. The Planning Commission conducted a public hearing and approved the application limiting the closing hour to 11:00 p.m. by the following vote. AYES: Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand NOES: Kleiman ABSENT: None ABSTAIN: None ACTION: Approved as modified. ITEM NO. 4 RESIDENCES AT NEWPORT CENTER (PA2020-020) Site Location: 150 Newport Center SUMMARY: Development of a four-story, 28 -unit condominium project on a 1.3 -acre parcel located at the southwesterly corner of the intersection of Newport Center Drive and Anacapa Drive. The application includes; 1) a General Plan Amendment to change the site's land use designation from Regional Commercial Office (CO -R) to Multiple Residential (RM) with a development limit of 28 units; 2) a Zoning Code Amendment and Planned Community Development Plan to change the site's zoning classification from Office Regional (OR) to Planned Community (PC) District and establish land uses and development standards for the Project site; 3) a Site Development Review and Tentative Tract Map application for the development of the four-story condominium building; 4) a Development Agreement that would provide vested rights to develop the project to the applicant and provide public benefits to the community; and 5) the rescinding of Use Permit No. UP1461 for the existing car wash currently operating at the site that will be demolished. The Planning Commission conducted a public hearing and adopted a resolution recommending approval of the proposed project as recommended by the following vote. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: None ABSTAIN: None ACTION: Recommended City Council approval of the project. 16-2 Planning Commission Agenda Report for August 19, 2021 August 24, 2021 Page 3 ITEM NO. 5 PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS (PA2021-068) Site Location: 1499 Monrovia Avenue SUMMARY: Amendments to the General Plan and Zoning Code to change the land use designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution (PI 0.49 FAR); and change the zoning district designation from Multiple Unit Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR). The amendments were initiated by the property owner who seeks to utilize the existing office building as a private high school, subject to a future use permit. The property is currently developed with an office building. The Planning Commission conducted a public hearing and adopted a resolution recommending adoption of the proposed amendments as recommended by the following vote. AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: Ellmore ABSENT: None ABSTAIN: None ACTION: Recommended City Council adoption of the amendments. 16-3 August 24, 2021 Agenda Item No.16 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 19, 2021 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 JULY 22, 2021 Recommended Action: Approve and file ITEM NO. 2 AERIE COMMUNITY ASSOCIATION ENCROACHMENT (PA2021-166) Site Location: 101 Carnation Avenue Summary: The Applicant requests approval to retain non-compliant private improvements consisting of a 42 -inch high wrought iron guardrail on top of a 40 -inch maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50 -foot wide Carnation Avenue public right-of-way. Recommended Action: 1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations), because it has no significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to retain non-compliant private improvements including a 42 -inch high wrought iron guardrail on top of a 40 -inch maximum height retaining wall below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50 -foot wide Carnation Avenue public right-of-way ("Project'), contingent upon all conditions of the Encroachment Permit process being met; and 3. Adopt Resolution No. PC2021-022 waiving City Council Policy L-6 and approving Encroachment Permit No. N2021-0322. 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. 1 of 3 Planning Commission Regular Meeting Agenda August 19, 2021 ITEM NO. 3 CIRCLE HOOK ALCOHOL LICENSE UPGRADE (PA2021-107) Site Location: 3432 Via Oporto Summary: A request to amend and supersede an existing minor use permit that allows a restaurant with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license. Approval of the new Minor Use Permit would allow the restaurant to upgrade its ABC license to a Type 47 (On -Sale General — Eating Place). There are no late hours (after 11 p.m.) and no operational changes or physical alterations proposed as part of this project. 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 none of the exceptions to the Class 1 exemption apply; and 3. Adopt Resolution No. PC2021-023 approving Minor Use Permit No. UP2021-020, which upon approval and implementation would supersede Resolution No. ZA2017-090. ITEM NO. 4 RESIDENCES AT NEWPORT CENTER (PA2020-020) Site Location: 150 Newport Center Drive Summary: Development of a four-story, 28 -unit condominium project on a 1.3 -acre parcel located at the southwesterly corner of the intersection of Newport Center Drive and Anacapa Drive. The application includes; 1) a General Plan Amendment to change the site's land use designation from Regional Commercial Office (CO -R) to Multiple Residential (RM) with a development limit of 28 units; 2) a Zoning Code Amendment and Planned Community Development Plan to change the site's zoning classification from Office Regional (OR) to Planned Community (PC) District and establish land uses and development standards for the Project site; 3) a Site Development Review and Tentative Tract Map application for the development of the four-story condominium building; 4) a Development Agreement that would provide vested rights to develop the project to the applicant and provide public benefits to the community; and 5) the rescinding of Use Permit No. UP1461 for the existing car wash currently operating at the site that will be demolished. Recommended Action: 1. Conduct a public hearing; Adopt Resolution No. PC2021-024 recommending the City Council approve the project and: Certify Environmental Impact Report No. ER2021-002 (SCH No. 2020110087); Approve Mitigation Monitoring and Reporting Program, General Plan Amendment No. GP2020-001, Zoning Code Amendment No. CA2020-008; Planned Community Development Plan No. PC2020-001, Major Site Development Review No. SD2020-001, Tentative Tract Map No. NT2020-001 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2020-001; and Rescind Use Permit No. UP1461. 2 of 3 Planning Commission Regular Meeting Agenda August 19, 2021 ITEM NO. 5 PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS (PA2021-068) Site Location: 1499 Monrovia Avenue Summary: Amendments to the General Plan and Zoning Code to change the land use designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution (PI 0.49 FAR); and change the zoning district designation from Multiple Unit Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR). The amendments were initiated by the property owner who seeks to utilize the existing office building as a private high school, subject to a future use permit. Recommended Action: 1. Conduct a public hearing; 2. Find this project not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 3. Adopt Resolution No. PC2021-025 recommending the City Council approve General Plan Amendment No. GP2021-002 and Code Amendment No. CA2021-003. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3