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January 23, 2018
Agenda Item No. 6
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,
icam pbelI(a-).newportbeachca.gov
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for January 18, 2018
CONSENT ITEMS:
ITEM NO. 1 MINUTES OF DECEMBER 7, 2017
The minutes were amended and approved.
AYES:
Dunlap, Kleiman, Koetting, Lowrey, Weigand, and Zak
NOES:
None
ABSENT:
Kramer
ABSTAIN:
None
PUBLIC HEARING ITEMS:
ITEM NO. 2 76 STATION EXPANSION (PA2017-067)
Site Location: 1461 Superior Avenue
SUMMARY: A conditional use permit to expand an existing service station convenience store. The
request includes the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic
Beverage Control (ABC) License, an increase in hours of operation, and a
modification to the landscaping requirements. This item was continued from
November 9, 2017.
The Planning Commission conducted a public hearing and approved the project
allowing general operations of the site to 12:00 a.m. and limiting alcohol sales till
10:00 p.m. and prohibiting single -serve alcohol container sales.
AYES:
Koetting, Kramer, Lowrey, and Zak
NOES:
Dunlap, Kleiman, and Weigand
ABSENT:
None
ABSTAIN:
None
ACTION: Approve as amended.
Planning Commission Agenda Report for January 18, 2018
January 23, 2018
Page 2
ITEM NO. 3 URBAN CUP MINOR USE PERMIT (PA2017-096)
Site Location: 2200 West Ocean Front
SUMMARY: A minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic
Beverage Control (ABC) license to an existing food service, eating and drinking
establishment use (restaurant).
The Planning Commission conducted a public hearing and approved the item
reducing the hours of operation requested. The establishment will close at 9:00
p.m. daily September through May and 10:00 p.m. daily June through August with
the possibility to increase the hours after a successful 1 -year review period.
AYES:
Kleiman, Koetting, Lowrey, Weigand, and Zak
NOES:
Dunlap
ABSENT:
Kramer
ABSTAIN:
None
ACTION: Approve as amended.
ITEM NO. 4 MYERS PROPERTY ALTERNATIVE SETBACK DETERMINATION
(PA2017-184)
Site Location: 358 Dahlia Place
SUMMARY: A request for alternative front and rear setbacks pursuant to NBMC Section
20.30.110(C) and Section 21.30.110(C) due to the orientation of the lot and the lack
of public right-of-way access that results in undue development limitations created by
the Code -required setbacks.
The Planning Commission continued this item to February 8, 2018.
AYES:
Dunlap, Kleiman, Koetting, Lowrey, Weigand, and Zak
NOES:
None
ABSENT:
Kramer
ABSTAIN:
None
ACTION: Item continued until the February 8, 2018 Planning Commission Meeting.
ITEM NO. 5 BALBOA THEATER RENOVATION (PA2017-152)
Site Location: 707 East Balboa Boulevard
SUMMARY: Conditional Use Permit, Site Development Review, and Coastal Development Permit
for the renovation and operation of the Balboa Theater as a performing arts and
special event theater. The application includes a request to increase the height of the
building to accommodate a new rooftop deck. The project includes an accessory cafe
with a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC)
License.
The Planning Commission removed this item from the calendar.
AYES:
Dunlap, Kleiman, Koetting, Lowrey, Weigand, and Zak
NOES:
None
ABSENT:
Kramer
ABSTAIN:
None
ACTION: Item removed from calendar.
Planning Commission Agenda Report for January 18, 2018
January 23, 2018
Page 3
STUDY SESSION ITEMS:
ITEM NO. 6 KOLL CENTER RESIDENCES (PA2015-024)
Site Location: 4400 Von Karman Avenue
SUMMARY: Study session to review a proposed mixed-use residential development and a Draft
Environmental Impact Report consisting of the construction of 260 residential
condominiums in three 160 -foot tall buildings, 3,000 square feet of retail use, a
freestanding parking garage, a 1.17 -acre neighborhood park to be built on the 13.16 -
acre surface parking and common landscape areas of the Koll Center Newport
Planned Community.
Commissioners Lowery and Kleiman recused themselves due to conflicts of
interest and they left the chambers.
The applicant requested a continuance of the study session due to the recusal of
Commissioner Zac at the beginning of the session due to a potential conflict of
interest.
The Planning Commission removed the item from calendar.
AYES:
Dunlap, Koetting, Kramer, and Weigand
NOES:
None
ABSENT:
None
ABSTAIN:
Lowrey, Kleiman, and Zak
ACTION: Item continued to an undetermined date.
January 23, 2018
Agenda Item No. 6
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 18, 2018
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 DECEMBER 7, 2017
Recommended Action: Approve and file
VII. CONTINUED BUSINESS:
ITEM NO. 2 76 STATION EXPANSION (PA2017-067)
Site Location: 1461 Superior Avenue
Summary:
A conditional use permit to expand an existing service station convenience store. The request includes
the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control (ABC) License, an
increase in hours of operation, and a modification to the landscaping requirements. On November 9,
2017, the Planning Commission conducted a public hearing and continued consideration of the project
to this meeting. The Commission expressed concerns with the project height, size of the second story,
the visual impacts of the rear elevation to the adjacent residential property, lighting impacts on adjacent
residential properties, and requested hours of operation. The applicant has revised the project. If
approved, this Conditional Use Permit would supersede Use Permit No. UP3566.
Recommended Action:
1. 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;
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. PC2018-001 approving Conditional Use Permit No. UP2017-007
(Attachment No. PC 1).
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.
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ITEM NO. 3 URBAN CUP MINOR USE PERMIT (PA2017-096)
Site Location: 2200 West Ocean Front
Summary:
A minor use permit for the addition of a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control
(ABC) license to an existing food service, eating and drinking establishment use (restaurant). The
existing small restaurant is 1,625 square feet and includes 450 square feet of net public area and
32 seats. Hours of operation are 7 a.m. to 11 p.m. daily. There are no late hours (after 11 p.m.) proposed.
If approved this minor use permit would supersede UP3535 that authorizes and limits the current use.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15270 of the CEQA Guidelines, because it has no potential to have a significant effect
on the environment; and
3. Adopt Resolution No. PC2018-002 denying Minor Use Permit No. UP2017-013.
ITEM NO. 4 MYERS PROPERTY ALTERNATIVE SETBACK DETERMINATION (PA2017-184)
Site Location: 358 Dahlia Place
Summary:
The applicant requests approval of alternative front and rear setbacks pursuant to NBMC Section
20.30.110(C) and Section 21.30.110(C) due to the orientation of the lot and the lack of public right-of-
way access that results in undue development limitations created by the Code -required setbacks.
Specifically, the proposal is to reduce the 20 -foot front setback along Bayside Drive to 7 feet and increase
the Code -required 10 -foot rear alley setback along a private alley to 12 feet. The requirements for
6.5 foot side yard setbacks would remain unchanged.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 of the CEQA Guidelines - Class 5 (Minor Alterations in Land Use Limitations),
which consists of minor alterations in land use limitations in areas with an average slope of less
than 20 percent (%), which do not result in any changes in land use or density, including but not
limited to, minor lot line adjustments and setback variances not resulting in the creation of any
new parcel; and
3. Adopt Resolution No. 2018-003 approving Staff Approval No. SA2017-009.
ITEM NO. 5 BALBOA THEATER RENOVATION (PA2017-152)
Site Location: 707 East Balboa Boulevard
Summary:
The applicant proposes to renovate and operate the Balboa Theater as a performing arts and
special event theater. The renovations include exterior fagade restoration with new openable
storefront windows, a recreated historical marquee, a small outdoor dining area on either side of the
main entry, and a rooftop deck. The principal use of the site will remain a theater consistent with the
Landmark Theater designation of the Zoning Code. The project includes an accessory cafe (eating
and drinking establishment) to serve theater patrons and the general public. As proposed, the cafe
will operate from 8 a.m. to 12 a.m., daily, with a Type 47 (On -Sale General — Eating Place) Alcoholic
Beverage Control (ABC) License. The Conditional Use Permit is required to allow the sale and
service of alcohol. A Major Site Development Review application is required to increase the height
of the building to accommodate a new rooftop deck. A Coastal Development Permit is required to
permit the renovation and operation of the theater within the Coastal Zone.
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Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302, Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-004 approving Use Permit UP2017-021, Major Site
Development No. SD2017-005, and Coastal Development Permit No. CD2017-064.
IX. STUDY SESSION ITEMS
ITEM NO. 6 KOLL CENTER RESIDENCES (PA2015-024)
Site Location: 4400 Von Karman Avenue
Summary:
A mixed-use residential development of up to 260 residential condominiums, 3,000 square feet
of retail use, a freestanding parking garage, a 1.17 -acre neighborhood park to be built on the
13.16 -acre surface parking and common landscape areas of the Koll Center Newport Planned
Community.
The study session is intended to provide the Planning Commission and public an opportunity to
review and discuss the proposed project including the Draft Environmental Impact Report. The
study session is for discussion purposes only, and no action will be taken by the Planning
Commission.
Recommended Action:
1. Conduct a study session;
2. Continue the project to a future date; and
3. Direct staff to prepare a recommendation for action, including any necessary resolutions for
consideration.
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. 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
XI. ADJOURNMENT
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