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Home My WebLink About13 - Planning Commission Action Report and AgendaQ SEW Pp�T CITY OF s NEWPORT BEACH C'94IF09 City Council Staff Report May 9, 2017 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-644-3297 TITLE: Planning Commission Agenda Report for May 4, 2017 ITEM NO. 1 MINUTES OF MAY 4, 2017 The Minutes were approved as amended. AYES: Dunlap, Koetting and Weigand NOES: None ABSENT: Lawler, Zak ABSTAIN: Hillgren, Kramer PUBLIC HEARING ITEMS: ITEM NO. 2 ACCESSORY DWELLING UNIT ORDINANCE (PA2017-069) Site Location: Citywide SUMMARY: Amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, as amended effective January 1, 2017. Specifically, the amendment would establish regulations permitting the development of accessory dwelling units in single-family residential zoning districts. The Planning Commission voted to continue the item to a future date to be determined. AYES: Dunlap, Hillgren, Koetting, Kramer, Weigand and Zak NOES: None ABSENT: Lawler ABSTAIN: None Planning Commission Agenda Report May 4, 2017 Page 2 ITEM NO. 3 LOCAL COASTAL PROGRAM AMENDMENTS (PA2017-047, PA2017-046 & PA2013-057) Site Location: Citywide SUMMARY: Implementation Plan Clean-up (PA2017-047/LC2017-002) — Amendments to: 1) add Local Coastal Program (LCP) Implementation Plan (IP) Section 21.26.055(V) to establish land use and property development regulations for the Lido Villas Planned Community; 2) IP Section 21.30.075(B)(4)(b) to add exceptions to landscape maintenance standards during water supply shortages; 3) IP Section 21.38.040(6)(1) to permit expansion of nonconforming residential structures up to 75 percent with a coastal development permit; 4) IP Section 21.52.090 to clarify regulations relating to modifications and variances; 5) Coastal Land Use Plan Policy 4.4.2-1 and IP Section 21.30.060 to clarify exceptions to height limits; 6) add IP Section 21.62.050 to allow the Community Development Director to waive the public hearing requirement for coastal development permits involving minor development; and 7) IP Chapter 21.64 to clarify procedures relating to appeals and calls for review. Balboa Village Parking Management Overlay District (PA2017-046/LC2017-001) — Amendment to IP Section 21.28.030 and the Coastal Zoning Map to establish the Balboa Village Parking Management Overlay. The Overlay District modifies parking requirements of most commercial uses and allows shared use of existing commercial parking spaces along with other parking management provisions. The Overlay District was incorporated within the Zoning Code in 2015 and the proposed LCP amendment would establish the same regulations within the recently approved LCP. Oceanfront Encroachment Program (PA2013-057/LC2013-002) — Amendments to Coastal Land Use Plan Policy 3.13 and IP Appendix C to establish an encroachment program for East Oceanfront. The Planning Commission voted to recommend to the City Council approval of the Amendments to the Local Coastal Program. AYES: Dunlap, Hillgren, Koetting, Kramer and Zak NOES: Weigand ABSENT: Lawler ABSTAIN: None May 9, 2017 Agenda Item No. 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MAY 4, 2017 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 APRIL 20, 2017 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 ACCESSORY DWELLING UNIT ORDINANCE (PA2017-069) Site Location: Citywide Summary: Amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, as amended effective January 1, 2017. Specifically, the amendment would establish regulations permitting the development of accessory dwelling units in single-family residential zoning districts. Recommended Action: 1. Conduct a public hearing; 2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that "the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA; 1 of 3 3. Adopt Resolution No. _ recommending the City Council approve Zoning Code Amendment CA2017-003 modifying regulations pertaining to accessory dwelling units; and 4. Adopt Resolution No. _ recommending the City Council authorize staff to submit Local Coastal Program Amendment No.LC2017-003 to the California Coastal Commission. ITEM NO. 3 LOCAL COASTAL PROGRAM AMENDMENTS (PA2017-047, PA2017-046 & PA2013-057) Site Location: Citywide Summary: Implementation Plan Clean-up (PA2017-047/LC2017-002) — Amendments to: 1) add Local Coastal Program (LCP) Implementation Plan (IP) Section 21.26.055(V) to establish land use and property development regulations for the Lido Villas Planned Community; 2) IP Section 21.30.075(B)(4)(b) to add exceptions to landscape maintenance standards during water supply shortages; 3) IP Section 21.38.040(6)(1) to permit expansion of nonconforming residential structures up to 75 percent with a coastal development permit; 4) IP Section 21.52.090 to clarify regulations relating to modifications and variances; 5) Coastal Land Use Plan Policy 4.4.2-1 and IP Section 21.30.060 to clarify exceptions to height limits; 6) add IP Section 21.62.050 to allow the Community Development Director to waive the public hearing requirement for coastal development permits involving minor development; and 7) IP Chapter 21.64 to clarify procedures relating to appeals and calls for review. Balboa Village Parking Management Overlay District (PA2017-046/LC2017-001) — Amendment to IP Section 21.28.030 and the Coastal Zoning Map to establish the Balboa Village Parking Management Overlay. The Overlay District modifies parking requirements of most commercial uses and allows shared use of existing commercial parking spaces along with other parking management provisions. The Overlay District was incorporated within the Zoning Code in 2015 and the proposed LCP amendment would establish the same regulations within the recently approved LCP. Oceanfront Encroachment Program (PA2013-057/LC2013-002) — Amendments to Coastal Land Use Plan Policy 3.13 and IP Appendix C to establish an encroachment program for East Oceanfront. Recommended Action: 1. Conduct a public hearing; 2. Determine the actions to adopt the amendments related to the LCP Cleanup and the East Oceanfront Encroachment Program are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; 3. Determine the action to adopt the Balboa Village Parking Management Overlay District amendment categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction) and 15303 (New Construction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 4. Adopt Resolution No. _ recommending to the City Council approval of LC2017-002, LC2017-001 and LC2013-002. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items 2 of 3 ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3