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HomeMy WebLinkAbout07 - Planning Commission Agenda and Action ReportPSCITY OF � SEW R IS y z NEWPORT BEACH City Council Staff Report April 28, 2020 Agenda Item No. 7 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 April 23, 2020 ITEM NO. 1 MINUTES OF MARCH 5, 2020 SUMMARY: Draft minutes from the March 5, 2020 meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested amendments to the minutes. Public comments were received and the amended minutes were approved by the following vote. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: None ABSTAIN: None ACTION: Approved as amended. STUDY SESSION: ITEM NO. 2 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PA2014-225) Site Location: Northerly portion of the Campus Tract, generally bounded Birch Street, Campus Drive, MacArthur Blvd. and the extension of Corinthian Way SUMMARY: The proposed Newport Airport Village Planned Community would cover approximately 16.46 acres of land generally located northwest of the intersection of Macarthur Boulevard and Birch Street near John Wayne Airport. Future development will include up to 444 residential units (including some affordable housing units) and up to 297,000 square feet of commercial and office development that will replace existing non-residential uses over time. The specific applications include: 1) General Plan Amendment to re -designate 16.46 acres of the northerly portion of the Campus Tract from Airport Office and Supporting Uses (AO) to Mixed Use Horizontal 2 (MU -1-12); 2) Zoning Code Amendment to change the zoning district of the project site from Office Airport (OA) to Planned Community (PC) including the approval of a Planned Community Development Plan (a zoning regulatory plan); and 3) a Development Agreement that would provide vested rights to develop the planned community while providing negotiated public benefits. Planning Commission Agenda Report for April 23, 2020 April 28, 2020 Page 2 ACTION: No action was taken. The Planning Commission listened to presentations by staff and the applicant. PUBLIC HEARING ITEMS: ITEM NO. 3 THE CRAB COOKER SIGNAGE AND ENCROACHMENTS (PA2019-126) Site Location: 2200 Newport Boulevard SUMMARY: A request to establish a comprehensive sign program for the reconstructed The Crab Cooker restaurant building. The applicant proposes to replace most of the signage that was existing prior to demolition. This proposal requires approval of a modification permit to allow an increase in maximum cumulative sign area over what is allowed by the Zoning Code. The previously existing rooftop "Don't Look Up Here" fish -shaped sign is proposed to be refurbished, reinstalled and designated as a heritage sign. Also included in the request is a waiver of City Council Policy L-6 to install private improvements within the Newport Boulevard and 22nd Street public rights-of-way consisting of the replacement of previously existing benches and refurbishment of an existing freestanding clock. All other proposed encroachments are consistent with Policy L-6. The Planning Commission approved the project as recommended. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand Kleiman NOES: None ABSENT: None ABSTAIN: None ACTION: Approve as recommended. ITEM NO. 4 501 PARK AVENUE RESTAURANT (PA2019-238) Site Location: 501 Park Avenue SUMMARY: An amendment to an existing conditional use permit to upgrade the current ABC license from a Type 41 (On -Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General) for an existing restaurant, and to extend the hours of operation from 7:00 a.m. to 9:00 p.m., daily, to 7:00 a.m. to 10:00 p.m., daily. The applicant also requests a continuation of a previously approved off-street parking reduction. If approved, this Conditional Use Permit would supersede Use Permit No. UP2014- 009. The Planning Commission approved the project as recommended with modifications to the conditions. AYES: Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand NOES: Kleiman ABSENT: None ABSTAIN: None 7-2 Planning Commission Agenda Report for April 23, 2020 April 28, 2020 Page 3 ACTION: Approved as amended. ITEM NO. 5 iL FARRO CAFFE TRATTORIA USE PERMIT AMENDMENT (PA2019-162) Site Location: 111 21' Place SUMMARY: A request to amend the currently effective Use Permit in order to change operational restrictions for an existing restaurant. The applicant specifically requests the following: (1) to change the allowed hours of operation to 6 a.m. to 1:30 a.m., daily, with alcohol service not beginning until 11 a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site consumption on a limited basis with a Type 21 Alcoholic Beverage Control (ABC) License; and (4) to allow limited live entertainment. If approved, this Conditional Use Permit would supersede Use Permit No. UP3690 and Outdoor Dining Permit No. OD0032. Also, if approved, the operator is required to obtain an operator license from the Police Department pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25. The Planning Commission approved the project as recommended AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: None ABSENT: None ABSTAIN: None ACTION: Approved as recommended. 7-3 April 28, 2020 Agenda Item No. 7 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, APRIL 23, 2020 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. Please call 949-270-8165 during the meeting to provide public comments on non -agenda items. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 5, 2020 To comment on this item during the meeting, please call 949-270-8165. Recommended Action: Approve and file VII. STUDY SESSION ITEM NO. 2 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PA2014-225) Site Location: Northerly portion of the Campus Tract, generally bounded Birch Street, Campus Drive, MacArthur Blvd. and the extension of Corinthian Way To comment on this item during the meeting, please call 949-270-8165. Summary: The proposed Newport Airport Village Planned Community would cover approximately 16.46 acres of land generally located northwest of the intersection of Macarthur Boulevard and Birch Street near John Wayne Airport. Future development will include up to 444 residential units (including some affordable housing units) and up to 297,000 square feet of commercial and office development that will replace existing non- residential uses over time. The specific applications include: 1) General Plan Amendment to re -designate 16.46 acres of the northerly portion of the Campus Tract from Airport Office and Supporting Uses (AO) to Mixed Use Horizontal 2 (MU -H2); 2) Zoning Code Amendment to change the zoning district of the project site from Office Airport (OA) to Planned Community (PC) including the approval of a Planned Community Development Plan (a zoning regulatory plan); and 3) a Development Agreement that would provide vested rights to develop the planned community while providing negotiated public benefits. Recommended Action: No action on either the project or EIR addendum will be taken by the Planning Commission. 1 of 4 Planning Commission Regular Meeting Agenda April 23, 2020 VIII. 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. 3 THE CRAB COOKER SIGNAGE AND ENCROACHMENTS (PA2019-126) Site Location: 2200 Newport Boulevard To comment on this item, please call 949-270-8165 during the meeting. Summary: A request to establish a comprehensive sign program for the reconstructed The Crab Cooker restaurant building. The applicant proposes to replace most of the signage that was existing prior to demolition. This proposal requires approval of a modification permit to allow an increase in maximum cumulative sign area over what is allowed by the Zoning Code. The previously existing rooftop "Don't Look Up Here" fish - shaped sign is proposed to be refurbished, reinstalled and designated as a heritage sign. Also included in the request is a waiver of City Council Policy L-6 to install private improvements within the Newport Boulevard and 22nd Street public rights-of-way consisting of the replacement of previously existing benches and refurbishment of an existing freestanding clock. All other proposed encroachments are consistent with Policy L-6. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15311 (Class 3 [New Construction or Conversion of Small Structures] and Class 11 [Accessory Structures]) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. The exceptions to the use of these categorical exemptions pursuant to Section 15300.2 are not applicable; 3. Adopt Resolution No. PC2020-011, approving Comprehensive Sign Program No. CS2019- 006, Modification Permit No. MD2020-003 and designating a heritage sign; 4. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to allow the reconstruction of benches and refurbishment of an existing freestanding clock that encroach into the Newport Boulevard and 22nd Street public rights-of-way subject to the conditions of the Encroachment Permit process being satisfied; and 5. Adopt Resolution No. PC2020-012, waiving City Council Policy L-6 and approving Encroachment Permit No. N2019-0361. 2 of 4 Planning Commission Regular Meeting Agenda April 23, 2020 ITEM NO. 4 501 PARK AVENUE RESTAURANT (PA2019-238) Site Location: 501 Park Avenue To comment on this item, please call 949-270-8165 during the meeting. Summary: An amendment to an existing conditional use permit to upgrade the current ABC license from a Type 41 (On -Sale Beer and Wine — Eating Place) to a Type 47 (On Sale General) for an existing restaurant, and to extend the hours of operation from 7:00 a.m. to 9:00 p.m., daily, to 7:00 a.m. to 10:00 p.m., daily. The applicant also requests a continuation of a previously approved off-street parking reduction. If approved, this Conditional Use Permit would supersede Use Permit No. UP2014-009. 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. PC2020-009 approving Conditional Use Permit No. UP2019-053. ITEM NO. 5 iL FARRO CAFFE TRATTORIA USE PERMIT AMENDMENT (PA2019-162) Site Location: 111 2111 Place To comment on this item, please call 949-270-8165 during the meeting. Summary: A request to amend the currently effective Use Permit in order to change operational restrictions for an existing restaurant. The applicant specifically requests the following: (1) to change the allowed hours of operation to 6 a.m. to 1:30 a.m., daily, with alcohol service not beginning until 11 a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site consumption on a limited basis with a Type 21 Alcoholic Beverage Control (ABC) License; and (4) to allow limited live entertainment. If approved, this Conditional Use Permit would supersede Use Permit No. UP3690 and Outdoor Dining Permit No. OD0032. Also, if approved, the operator is required to obtain an operator license from the Police Department pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25. 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2020-010 approving Conditional Use Permit No. UP2019-050. 3 of 4 Planning Commission Regular Meeting Agenda April 23, 2020 IX. 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 X. ADJOURNMENT 4 of 4