HomeMy WebLinkAbout0.0 - Agenda CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 21, 2014
REGULAR MEETING —6:30 p.m.
LARRY TUCKER
Chair
KORY KRAMER JAY MYERS
Vice Chair Secretary
TIM BROWN
BRADLEY HILLGREN
PETER KOETTING
RAYMOND LAWLER
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:
KIMBERLY BRANDT, Community Development Director
BRENDA WISNESKI, Deputy Director, Community
Development
LEONIE MULVIHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer
MARLENE BURNS, 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 4
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 21, 2014
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 AUGUST 11, 2014
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.2 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014-058)
Site Location: 3014 Balboa Boulevard
Summary:
An appeal by Council Member Mike Henn of the Zoning Administrator's June 12, 2014, decision to
approve Minor Use Permit No. UP2014-013. The Minor Use Permit would allow the addition of a
Type 41 (On-Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC)
License to an existing food service, eating and drinking establishment. The restaurant operates
under an existing Specialty Food Permit which allows a maximum 20 seats, including outdoor
seating, and hours of operation from 6:00 a.m. to 9:00 p.m. There are no changes proposed to the
hours of operation or the maximum number of seats.
This item was continued by the Planning Commission at the request of the applicant from the August
11, 2014, meeting to the August 21, 2014, meeting.
CEQA Compliance:
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes
the ongoing use of existing buildings where there is negligible or no expansion of use.
Recommended Action:
Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by:
1. Adopting the draft resolution for approval to uphold the Zoning Administrator's decision and
approve Modification Permit No. MD2013-023; or
2of4
2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision.
ITEM NO. 3 A-FRAME SIGN REGULATIONS (PA2014-054)
Site Location: City-wide
Summary:
An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow A-frame
signs on private property in commercial zoning districts.
CEQA Compliance:
The code amendment is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the
commercial properties involved have an average slope of less than 20 percent; and the and
proposed amendment would not result in any changes in land use or density. This code amendment
is also categorically exempt under Section 15311 of the CEQA Guidelines — Class 11 (Accessory
Structures), which exempts the construction, or placement of minor structures accessory to
(appurtenant to) existing commercial, industrial, or institutional facilities, including on-premise signs.
Recommended Action:
1. Conduct a public hearing; and
2. Adopt the attached resolution recommending City Council adoption of Code Amendment No.
CA2014-005 establishing A-Frame sign regulations.
VIII. STUDY SESSION ITEMS
ITEM NO. 4 NONCONFORMING STRUCTURES CODE REVIEW (PA2014-083)
Site Location: City-wide
Summary:
City Council initiated a Zoning Code amendment and directed staff to review the City's Zoning Code
as it relates to additions to nonconforming structures, specifically where the total allowable additional
floor area may be limited due to the size of a smaller existing structure.
CEQA Compliance:
This item is covered by the general rule that CEQA applies only to projects, which have potential for
causing a significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA(CEQA Guidelines Section 15061(b)(3)).
Recommended Action:
1. Review the proposed materials and provide feedback to staff.
2. Direct staff to schedule a public hearing for a future date.
ITEM NO. 5 BALBOA VILLAGE PARKING MANAGEMENT (PA2014-016)
Site Location: Area west of Balboa Village between 7`h Street and Adams Street
Summary:
Creation of a Parking Management District for Balboa Village and the establishment of an overnight
Resident Preferential Parking Program (RP3) for the area west of Balboa Village between 7`h Street
and Adams Street.
CEQA Compliance:
Staff believes this action is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
3of4
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it does not authorize development that would result in physical change to the environment,
directly or indirectly. The creation of parking programs and the modification of parking restrictions,
parking rates, and how parking revenue is managed and used will not result in a direct physical
change to the existing built environment. The project will affect the behavior motorists and the
location of where they park but will not lead to physical changes to the environment. Existing parking
resources will be used more efficiently over time and may avoid or postpone the need to construct
additional parking lots or parking structures.
To the extent that a physical change to the environment could indirectly result due to a change in
required parking rates, staff believes this project is within the scope of the previously certified
Environmental Impact Report prepared for the 2006 General Plan Update (SCH No. 2006011119).
The project does not directly change or modify the intensity of use of any property or the maximum
allowed development of any affected lots, and therefore, any potential indirect physical change
resulting from this project would be within the scope of development currently allowed, and limited,
by the General Plan.
Recommended Action:
1. Review the proposed materials and provide feedback to staff.
2. Direct staff to schedule a public hearing for September 4, 2014.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
2. Update on City Council Items
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT
4of4
Correspondence
Item No . Oa Larry Tucker
Public Comments for August 21, 2014 Meeting
To Planning, PB&R, and Harbor Commissions, Lower Castaways Ad Hoc Committee
LOWER CASTAWAYS 8/18/2014
Two primary uses: 3) Ingress and Egress Right turn in,
1) Launching and destination for non- right turn out, is OK; there is room. But
motorized craft, from swimmers to wind- there is a question for our traffic
sailers: Paddleboards, kayaks, canoes, engineer: Shall U-turns at Cliff be
rowboats; everything muscle-powered. prohibited? Those coming out of the
From all over the bay, especially from park will be tempted to try to cross the
NAC (for smaller craft, the paddle up the two lanes going up Dover, in order to
channel is tiring. It needs a destination). reach the left turn lane and then U-turn.
2) Beach for families with small children. This is probably unsafe, and it would
There is a shortage of quiet-water probably be hard to prevent.
beaches. The beaches on Balboa Island 4) Enough space? The site is
are very popular but not very accessible. surprisingly large, but if it is successful,
Remove the underwater rocks; make the there can never be enough parking
water safe for swimming. Remove the spaces. This is the way it is everywhere,
bulkhead and dredge the sand through a why should this beach be any different?
screen to remove the rocks, shells, and Staircase No "Grand Staircase" of
silt, so it will be pleasant sand three feet course. Indeed, the "view point" users of
down for digging, lying on, learning to the Upper, and the beachgoers of the
swim, or building sandcastles. Lower, will have little in common; there
Lawn "Park" suggests lawns. But we is no reason to expect much traffic
face a drought, and lawns are water- between them. But it would be nice to
hungry. It is best not to have a lawn, have a modest two-foot-wide path
especially when there is a beach of high- between them.
.quality sand where you can shepherd the Path (Not the City's idea of a "trail."
children, picnic, socialize in bathing That means something with paving eight
suits, take dips, and cook or burn feet wide so rescue vehicles can come to
yourself to suit your taste. the aid of climbers who have a heart
Sewer A park has to have rest rooms, attack.) This little path will not be
so there has to be sewer connection to visible, though of course any one using it
the site. As long as the connection is will be quite visible and will advertise
there, why not have a hamburger-and that the path is there. If it holds a
soda shop? After paddling a long way, moderate 1-in-15 slope, no climbers will
refreshments will be very welcome. We have heart attacks, and unless it zig-zags
could even call it "Wil Wright's." across the face of the bluff, it will need to
Parking raises questions: make one long zig clear around the
1) No motorized craft. No trailered boats. corner and up into the valley across from
They go to the Dunes. Cliff Drive. This will give users a much
2) Pedestrians to PCH commercial strip: closer look at our native vegetation than
Allow no pedestrian crossing of Dover at they get by peering over the fence at it.
PCH. Make them walk clear up to the Details I have charts and would like to
signal at Cliff Drive, where the pedestrian work with you on layout of parking, path,
crossing will be on the far side. in- & e-gress. Allan Beek abeek@flash.net
Updated August 21, 2014
Planning Commission
TENTATIVE MEETING AGENDA
HEARING TITLE PROJECT DESCRIPTION ACTION CECIA DESIGN DETAILS
DATE
Discuss Code amendment to provide greater
Nonconforming Structures development potential for smaller nonconforming Study Session Exempt None
structures.
Balboa Village Parking Amendment to Zoning Code Study Session Exempt None
August 21 Strategies
A-frames Amendment to Sign Code to allow for A-frame Recommendation Exempt None
signs to Council
Sanchos Tacos Appeal of the Zoning Administrators approval to
3014 Balboa Blvd. allow the sale of beer and wine at an existing Use Permit Exempt None
restaurant
Balboa Village Parking Amendment to Zoning Code to modify parking Recommendation
Strategies standards, create parking districts, and residential to Council Exempt None
September 4 permit parking program
Lido Theatre (TABLE) Allow the sale of beer at an existing theater Use Permit Exempt None
September 18 Balboa Village Improvements Update Design Guidelines, Conceptual Study Session Exempt Colored
Plans Streetscape Plan and Wayfinding Sign Program Renderings
Balboa Village Improvements Update Design Guidelines, Conceptual Recommendation Exempt Colored
October 2 Plans Streetscape Plan and Wayfinding Sign Program to Council Renderings
(Date Change) Balboa Marina Expansion— 151 East Coast Hwy Site Development MND Colored
MND only Review Renderings
October 23
INCOMPLETE APPLICATIONS italics indicate new applications since last report)
1. Lido Marina Village Parking Program for existing commercial center Use Permit Exempt Colored
Sign Pro ram Renderings
2. Ebb Tide Mobile Home Park at 1560 Replace 74-space mobile home park with 83 units Relocation Plan Colored
Placentia Avenue single-family Site Development TBD Renderings and
Review Material Board