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Home My WebLink About0.0 - Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, MAY 21, 2015 REGULAR MEETING —6:30 p.m. LARRYTUCKER 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 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:/fwww.newl)ortbeachca.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 Ibrown@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, MAY 21, 2015 REGULAR MEETING—6:30 p.m. I. CALL TO ORDER ll. 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 APRIL 23,2015 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 1617 WESTCLIFF DRIVE USE PERMIT (PA2015-078) 1617 Westcliff Drive Summary: Amend previously approved Use Permit (UP2014-157) to modify the operational characteristics and floor plan from a daytime to an evening restaurant concept. CEQA Compliance: The project is categorically exempt under Section 15301 Existing Facilities, of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 in that the project is an amendment to a use permit to extend the operating hours of an existing restaurant. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. _approving Conditional Use Permit No. UP2015-019. ITEM NO.3 THE RITZ CONDITIONAL USE PERMIT(PA2015-033) 2801 West Coast Highway Summary: An amendment to Use Permit No. UP2051 and Outdoor Dining Permit No. OD68 to accommodate a new restaurant tenant, The Ritz, a food service restaurant with late hours, a Type 47 (beer, wine, distilled spirits)Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. Use Permit No. UP2051 authorized the construction of the existing office building and restaurant, which exceeds the basic height limit of 26 feet and exceeds the maximum allowed 0.5 FAR of the site (22,400 square feet 2 of 4 05-21-2015 Planning Commission Agenda or 0.81 FAR). Outdoor Dining Permit No. OD68 authorized the construction of an accessory outdoor dining patio. 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. UP2015-008 to allow extended outdoor dining hours on Saturdays and live entertainment inside the establishment and denying the request for a larger awning structure on the outdoor dining patio. ITEM NO. 4 ZONING CODE AMENDMENT FOR REAL ESTATE SIGNS (PA2015-078) Citywide Summary: Amendment to Zoning Code Section 20.42.090 to modify regulations pertaining to real estate signs. CEQA Compliance: No action will be taken regarding this item. Therefore, it is not considered a project per the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. Recommended Action: 1. The item is to be tabled and will be re-noticed for consideration at a future meeting. VIII. CURRENT BUSINESS ITEM NO. 5 GENERAL PLAN LAND USE ELEMENT CORRECTION —NEWPORT COAST (PA2006-159) 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 and the terms of the Newport Coast Annexation and Development Agreement. 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 public hearing; and 2. Adopt Resolution No. _ affirming 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. 3 of 4 05-21-2015 Planning Commission Agenda ITEM NO. 6 CAPITAL IMPROVEMENT PROGRAM OVERVIEW Citywide Summary: Update on current and upcoming Capital Improvement Projects. CEQA Compliance: This is an informational item only and is not considered a project per the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. Recommended Action: 1. Receive presentation on the Capital Improvement Program. No formal action will be taken. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. 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 X. ADJOURNMENT 4of4