HomeMy WebLinkAbout04 - Planning Commission Action Report and AgendaTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
December 12, 2017
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
0cam pbelI(a�newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for December 7, 2017
ITEM NO. 1 MINUTES OF NOVEMBER 9, 2017
The minutes were amended and approved.
AYES:
Dunlap, Kleiman, Koetting, Kramer, Lowrey, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
PUBLIC HEARING ITEMS:
ITEM NO. 2 MALIBU FARM LIDO MINOR USE PERMIT (PA2017-190)
Site Location: 3416 Via Oporto, Suite 106 and 3420 Via Oporto, Suite 101
SUMMARY: A minor use permit to allow a 2,795 -square -foot eating and drinking establishment
with a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) License. The
establishment will include 1,130 square feet of interior net public area, an 866 -square -
foot outdoor dining area, and a 624 -square -foot take out only ice cream shop. The
restaurant is located in an existing building in Lido Marina Village. No late hours are
proposed as a part of this application.
The Planning Commission conducted a public hearing and approved the project
as recommended.
AYES:
Dunlap, Kleiman, Koetting, Kramer, Lowrey, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
Planning Commission Agenda Report for December 7, 2017
December 12, 2017
Page 2
ITEM NO. 3 TACO BELL CANTINA CONDITIONAL USE PERMIT (PA2017-198)
Site Location: 2121 West Balboa Boulevard
SUMMARY: A conditional use permit to allow a food service, eating and drinking establishment,
Taco Bell Cantina, with late hours (7 a.m to 2 a.m), and a Type 41 (On Sale Beer and
Wine) Alcoholic Beverage Control (ABC) license. Currently a legal nonconforming
restaurant use with a Type 40 (On Sale Beer Only) is allowed to operate with no
limitaiton of business hours. Tenant improvements for Taco Bell Cantina are currently
in progess with an anticipated opening date in mid December. The floor plan includes
a dining room with 32 seats. If approved, the restaurant as described requires the
owner/operator to obtain an Operator License through the City because of the
issuance of a new conditional use permit for a restaurant with alcohol sales operating
after 11 p.m., pursuant to NBMC 5.25.
The Planning Commission continued this item to February 8, 2018, at the request
of the applicant.
AYES:
Dunlap, Kleiman, Koetting, Kramer, Lowrey, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
ITEM NO. 4 MAMA D'S RESTAURANT CORONA DEL MAR (PA2017-162)
Site Location: 3732 E. Coast Highway
SUMMARY: A conditional use permit to allow a new restaurant (food service, eating and drinking
establishment) in the former Sweet Lady Jane's Bakery tenant space. The
Conditional Use Permit is required to allow additional seating, the sale and service of
alcohol with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic Beverage
Control (ABC) license, and an adjustment to the parking requirement. No late hours
(beyond 11 p.m.) are requested as part of this application. If approved, this
Conditional Use Permit would supersede Minor Use Permit No. UP2012-024.
The Planning Commission conducted a public hearing and approved the project
modifying the conditions to allow additional hours of operation on Saturdays,
Sundays, and holidays subject to securing a lease to use the bank parking lots
when not in use by the banks.
AYES:
Dunlap, Kleiman, Koetting, Kramer, Lowrey, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
Planning Commission Agenda Report for December 7, 2017
December 12, 2017
Page 3
ITEM NO. 5 GINSBERG RESIDENCE COASTAL DEVELOPMENT PERMIT AND VARIANCE
(PA2016-170)
Site Location: 2607 Ocean Boulevard
Continued from November 9, 2017
SUMMARY: A coastal development permit to allow the construction of a new 4,500 -square -foot,
single-family residence and a 684 -square -foot, three -car garage and a Variance
request to allow the residence to: 1) exceed the maximum floor area; 2) encroach into
the 10 -foot rear yard setback along Way Lane, 3) encroach into the 10 -foot front yard
setback along Ocean Boulevard; 4) exceed the height limit for an elevator shaft and
portions of the roof deck guardrail; and 5) provide open volume within the required
setback areas. The new residence building height will not exceed Ocean Boulevard
top -of -curb elevation height limit.
The Planning Commission conducted a public hearing and approved a modified
project reducing the gross floor area to 4,500 gross square feet, lowering the height
of the proposed rooftop screen to 42 inches from the rooftop deck, and requiring
the deck guardrail to be transparent.
AYES:
Dunlap, Kleiman, Koetting, and Kramer
NOES:
Lowrey and Weigand
ABSENT:
Zak
ABSTAIN:
None
NEW BUSINESS:
ITEM NO. 6 REVIEW OF CITY COUNCIL L -POLICIES
Site Location: Citywide
SUMMARY: Establish and appoint members to a Planning Commission subcommittee to assist
City staff in reviewing the City Council L -Policies "Public Works/Traffic/Utilities."
Changes proposed to the policies will be presented as recommendations to the
City Council at a yet to be determined date.
The Planning Commission created an ad-hoc subcommittee to work with staff as
recommended. Chairman Koetting appointed Commissioners Dunlap and
Weigand to the subcommittee with Commissioner Lowrey as Chair.
AYES:
Dunlap, Kleiman, Koetting, Kramer, Lowrey, and Weigand
NOES:
None
ABSENT:
Zak
ABSTAIN:
None
December 12, 2017
Agenda Item No. 4
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 7, 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 NOVEMBER 9, 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 MALIBU FARM LIDO (PA2017-190)
Site Location: 3416 Via Oporto, Suite 106 and 3420 Via Oporto, Suite 101
Summary:
A minor use permit to allow a 2,795 -square -foot eating and drinking establishment with a Type 47 (On
Sale General) Alcoholic Beverage Control (ABC) License. The establishment will include 1,130 square
feet of interior net public area, an 866 -square -foot outdoor dining area, and a 624 -square -foot take out
only ice cream shop. The restaurant would be located in an existing building in Lido Marina Village and
no late hours past 11 p.m. are proposed as a part of this application.
Recommended Action:
Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. 2072 approving Minor Use Permit No. UP2017-026.
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ITEM NO. 3 TACO BELL CANTINA (PA2017-198)
Site Location: 2121 West Balboa Boulevard
Summary:
A conditional use permit to allow a existing restaurant (food service, eating and drinking establishment)
with late hours (7 a.m to 2 a.m), and a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control
(ABC) license. Currently a legal nonconforming restaurant use with a Type 40 (On Sale Beer Only) is
allowed to operate with no limitaiton of business hours. Tenant improvements for Taco Bell Cantina are
currently in progess with an anticipated opening date in mid-December. The floor plan includes a dining
room with 32 seats. If approved, the restaurant as described requires the owner/operator to obtain an
Operator License from the Police Department pursuant to Newport Beach Municipal Code Section 5.25.
because a new conditional use permit including alcohol sales is requested that would allow operations
after 11 p.m..
Recommended Action:
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. 2073 approving Conditional Use Permit No. UP2017-028.
ITEM NO. 4 MAMA D'S RESTAURANT CORONA DEL MAR (PA2017-162)
Site Location: 3732 E. Coast Highway
Summary:
A conditional use permit to allow a new restaurant (food service, eating and drinking establishment) in the
former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is required to allow additional
seating, the sale and service of alcohol with a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) license, and an adjustment to the parking requirement. No late hours beyond 11
p.m. are requested as part of this application. If approved, this Conditional Use Permit would supersede
Minor Use Permit No. UP2012-024.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
3. Adopt Resolution No. 2074 approving Conditional Use Permit No. UP2017-022.
ITEM NO. 5 GINSBERG RESIDENCE (PA2016-170)
Site Location: 2607 Ocean Boulevard
Continued from November 9, 2017
Summary:
A Coastal Development Permit to allow the construction of a new 4,500 -square -foot, single-family
residence and a 684 -square -foot, three -car garage and a Variance request to allow the residence to: 1)
exceed the maximum floor area; 2) encroach into the 10 -foot rear yard setback along Way Lane, 3)
encroach into the 10 -foot front yard setback along Ocean Boulevard; 4) exceed the height limit for an
elevator shaft and portions of the roof deck guardrail; and 5) provide open volume within the required
setback areas. The new residence building height will not exceed Ocean Boulevard top -of -curb elevation
height limit.
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Recommended Action:
Conduct a public hearing, and if the applicant's proposed changes to the project address
Commission concerns and the Commission is able to make all of the required findings;
Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303, Article 19, of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act) under Class 3, (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because it has no potential to have a significant effect
on the environment; and
Adopt Resolution No. 2075 approving Variance No. VA2016-005 and Coastal Development
Permit No. CD2017-080, allowing the development of a new 4,178 -square -foot, single-
family residence and a 629 -square -foot three -car garage, for a total of 4,807 square feet to
encroach 10 feet into the 10 -foot rear yard setback along Way Lane and 7 feet into the 10 -
foot front yard setback along Ocean Boulevard.
VIII. NEW BUSINESS:
ITEM NO. 6 REVIEW OF CITY COUNCIL POLICY MANUAL, "L" SERIES POLICIES
Site Location: Citywide
Summary:
Establish and appoint members to a Planning Commission subcommittee to assist City staff in
reviewing the City Council "L" Policies (Public Works/Traffic/Utilities). Changes proposed to the
policies will be presented as recommendations to the City Council at a yet to be determined date.
Recommended Action:
Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because it will
not result in a physical change to the environment, directly or indirectly;
2. Form a subcommittee and authorize the Chair to appoint up to three Planning
Commissioners to assist City staff in reviewing the City Council L -Policies "Public
Works/Traffic/Utilities."
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on City Council Items
2. Status of the General Plan Update Process
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
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