HomeMy WebLinkAbout10 - Planning Commission Agenda and Action ReportJuly 26, 2016
Agenda Item No. 10
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JULY 21, 2016
REGULAR MEETING — 6:30 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROI I CAI I
IV. PURI IC 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. RFOUFST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JULY 11, 2016
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 TROESH RESIDENCE APPEAL (PA2015-122)
Site Location: 336 Catalina Drive and 333 La Jolla Drive
Summary:
An appeal of the Planning Commission's decision to deny Modification Permit No. MD2015-008 and
Variance No. VA2015-003. On December 17, 2015, by a vote of 5-2, the Planning Commission of
the City of Newport Beach denied the following requests in conjunction with a proposed 4,451 -
square -foot detached single -unit dwelling:
• Modification Permit —to allow an addition greater than 10 percent (of the existing on-site
floor area) on property with nonconforming parking. A separate detached dwelling fronts
Catalina Drive and has nonconforming parking. The interior width of the existing two -car
garage is narrower than the minimum requirement.
• Variance — to allow a retaining wall and guardrail to exceed the 42 -inch height limit in the
5 -foot front setback adjacent to La Jolla Drive.
Since filing the appeal January 4, 2016, the appellant revised the project design in response to
comments raised by the Planning Commission and the public. On June 14, 2016, the City Council
referred the revised project back to the Planning Commission for further consideration pursuant to
Section 20.64.030.D.2 of the Zoning Code. After the Planning Commission reconsiders the project,
the City Council will take final action at a date to be determined.
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CEQA Compliance:
The project is categorically exempt under Section 15303, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small
Structures).
Recommended Action:
1. Conduct a public hearing; and
2. Adopt Resolution No. recommending the City Council uphold the December 17, 2015,
decision of the Planning Commission and deny Modification No. MD2015-008 and Variance
No. VA2015-003 with the attached Findings and Conditions; or
3. Adopt Resolution No. recommending the City Council reverse the December 17, 2015,
decision of the Planning Commission and approve Modification Permit No. MD2015-008 and
Variance No. VA2015-003 with the attached Findings and Conditions.
ITEM NO. 3 150 NEWPORT CENTER (PA2014-213)
Site Location: 150 Newport Center Drive
Summary:
The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience
market, and gas station to accommodate the development of a 7 -story 49 -unit residential condominium
building with three levels of subterranean parking. The applicant, Newport Center Anacapa
Associates, LLC, requests following approvals from the City of Newport Beach:
• General Plan Amendment - to change the land use category from CO -R (Regional Commercial
Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 49
dwelling units.
• Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional
Commercial) to PC (Planned Community District) over the entire site.
• Planned Community Development Plan - to establish a planned community development plan
(PC) over the entire project site that includes development and design standards for 49 residential
condominium units. The request also includes a City Council waiver of the minimum site area of 10
acres. A height limit of 75 feet 6 inches with mechanical appurtenances up to 83 feet 6 inches was
discussed in the EIR although a reduced height is also considered.
• Site Development Review - to allow the construction of 49 multi -family dwelling units.
• Tentative Tract Map -to establish a 49 -unit residential condominium tract on a 1.3 acre site.
• Development Agreement - review of a proposed development agreement that would provide
public benefits should the project be approved.
• Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts
resulting from the legislative and project specific discretionary approvals, the City has determined
that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant
to the California Environmental Quality Act (CEQA).
CEQA Compliance:
An Environmental Impact Report, SCH No. 2016011032, has been prepared in connection with the
application noted above. It is the present intention of the City to accept the Environmental Impact Report
and supporting documents. The City has prepared the draft EIR, which was distributed for public
comment beginning May 13, 2016 through June 27, 2016. Copies of the Environmental Impact Report
and supporting documents are available for public review and inspection at the Planning Division or at
the City of Newport Beach website at www.newportbeachca.ctov/cegadocuments.
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Recommended Action:
1. Conduct a public hearing; and
2. Discuss the proposed residential land use, relevant General Plan Policies, Planned
Community waiver of the 10 acre minimum, and project height. Planning staff believes the
proposed residential land use and Planned Community waiver of the 10 acre minimum are
appropriate for this location. A reduced project height is recommended at 55 feet to the top
of roof (61 -ft with appurtenances); and
3. Continue the item to the August 4, 2016, Planning Commission Meeting for further
discussion.
VIII. CONTINUED BUSINESS
ITEM NO. 4 WEST NEWPORT MESA STREETSCAPE MASTER PLAN (PA2015-138)
Site Location: West Newport Mesa
Summary:
The City seeks to foster the implementation of a cohesive character for West Newport Mesa
neighborhood through streetscape improvements corresponding with public and private development
projects.
CEQA Compliance:
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 Section 15378) 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. The adoption of a master plan
does not authorize any specific development or project and would only provide non -regulatory design
guidance for future projects that would be subject to CEQA.
Recommended Action:
1. Provide a public forum to review and comment on the draft master plan; and
2. Recommend adoption of the West Newport Streetscape Master Plan to the City Council.
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION
ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan/Local Coastal Program Implementation Committee
2. Update on City Council Items
ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES
X. ADJOURNMENT
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<,FORNP City Council Staff Report
July 26, 2016
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Jennifer Biddle —jbiddle@newportbeachca.gov
PHONE: 949-644-3232
TITLE: Planning Commission Agenda Report for July 21, 2016
ITEM NO. 1 MINUTES OF JULY 11, 2016
The minutes were amended and approved.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Lawler and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
PUBLIC HEARING ITEMS:
ITEM NO. 2 TROESH RESIDENCE APPEAL (PA2015-122)
Site Location: 336 Catalina Drive and 333 La Jolla Drive
SUMMARY: An appeal of the Planning Commission's decision to deny Modification Permit
No. MD2015-008 and Variance No. VA2015-003. On December 17, 2015, by a
vote of 5-2, the Planning Commission of the City of Newport Beach denied the
following requests in conjunction with a proposed 4,451 -square -foot detached
single -unit dwelling:
Modification Permit — to allow an addition greater than 10 percent (of the
existing on-site floor area) on property with nonconforming parking. A
separate detached dwelling fronts Catalina Drive and has nonconforming
parking. The interior width of the existing two -car garage is narrower than the
minimum requirement.
Variance — to allow a retaining wall and guardrail to exceed the 42 -inch
height limit in the 5 -foot front setback adjacent to La Jolla Drive.
Since filing the appeal January 4, 2016, the appellant revised the project design
in response to comments raised by the Planning Commission and the public. On
June 14, 2016, the City Council referred the revised project back to the Planning
Commission for further consideration pursuant to Section 20.64.030.D.2 of the
Zoning Code. After the Planning Commission reconsiders the project, the City
Council will take final action at a date to be determined
Planning Commission Agenda Report
July 26, 2016
Page 2
CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the State CEQA
(California Environmental Quality Act) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
At the request of the applicant, the Planning Commission continued the item to
August 18, 2016.
AYES:
Dunlap, , Koetting, Kramer, and Weigand
NOES:
Hillgren
ABSENT:
Zak
RECUSED:
Lawler
ITEM NO. 3 150 NEWPORT CENTER (PA2014-213)
Site Location: 150 Newport Center Drive
SUMMARY: The proposed project consists of the demolition of an existing 8,500 -square -foot
car -wash, convenience market, and gas station to accommodate the development
of a 7 -story 49 -unit residential condominium building with three levels of
subterranean parking. The applicant, Newport Center Anacapa Associates, LLC,
requests following approvals from the City of Newport Beach:
General Plan Amendment - to change the land use category from CO -R
(Regional Commercial Office) to RM (Multi -Unit Residential) and establish an
anomaly (Table LU2) designation for 49 dwelling units.
Zoning Code Amendment - to change the Zoning District designation from OR
(Office Regional Commercial) to PC (Planned Community District) over the
entire site.
Planned Community Development Plan - to establish a planned community
development plan (PC) over the entire project site that includes development
and design standards for 49 residential condominium units. The request also
includes a City Council waiver of the minimum site area of 10 acres. A height
limit of 75 feet 6 inches with mechanical appurtenances up to 83 feet 6 inches
was discussed in the EIR although a reduced height is also considered.
Site Development Review - to allow the construction of 49 multi -family
dwelling units.
Tentative Tract Map -to establish a 49 -unit residential condominium tract on a
1.3 acre site.
Development Agreement - review of a proposed development agreement that
would provide public benefits should the project be approved.
Environmental Impact Report (EIR) - to address reasonably foreseeable
environmental impacts resulting from the legislative and project specific
discretionary approvals, the City has determined that an Initial Study and
Environmental Impact Report (EIR) are warranted for this project pursuant to
the California Environmental Quality Act (CEQA).
CEQA COMPLIANCE: An Environmental Impact Report, SCH No. 2016011032, has been prepared in
connection with the application noted above. It is the present intention of the City to
accept the Environmental Impact Report and supporting documents. The City has
prepared the draft EIR, which was distributed for public comment beginning May 13,
2016 through June 27, 2016. Copies of the Environmental Impact Report and
supporting documents are available for public review and inspection at the Planning
Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments.
Planning Commission Agenda Report
July 26, 2016
Page 3
Makana Nova introduced the project, and after public comment and Commission
questions and requests of staff, the Planning Commission voted to continue the
item to the Planning Commission Meeting of August 18, 2016.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Lawler, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
CONTINUED BUSINESS:
ITEM NO. 4 WEST NEWPORT MESA STREETSCAPE MASTER PLAN (PA2015-138)
Site Location: West Newport Mesa
SUMMARY: The City seeks to foster the implementation of a cohesive character for West
Newport Mesa neighborhood through streetscape improvements corresponding
with public and private development projects.
CEQA COMPLIANCE: 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 Section 15378) 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. The adoption of a master plan does not authorize any specific
development or project and would only provide non -regulatory design guidance
for future projects that would be subject to CEQA.
The Planning Commission voted unanimously to recommend to the City Council
approval of the master plan, with amendments to the master plan boundaries and
edits to the plan's photographs to include the new landscaping on Dover Drive.
The Planning Commission also forwarded a recommendation to City Council that
at such time the capital improvement projects are considered for implementation
that a "design and build" approach be evaluated for City Council consideration.
AYES:
Dunlap, Hillgren, Koetting, Kramer, Lawler and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None