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Home My WebLink About10 - Planning Commission Agenda and Action ReportTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report January 22, 2019 Agenda Item No. 10 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, jcam pbell(aD_newportbeachca.gov PHONE: 949-644-3210 TITLE: Planning Commission Agenda Report for January 17, 2019 ITEM NO. 1 MINUTES OF DECEMBER 6, 2018 SUMMARY: Draft minutes from the December 6, 2018 meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested amendments to the minutes submitted by a member of the public. The amended minutes were approved including the suggested changes by the following vote. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: None ABSENT: None ABSTAIN: Ellmore ACTION: Approved as amended PUBLIC HEARING ITEMS: ITEM NO. 2 POLICY L-6 WAIVER FISCHER RESIDENCE (PA2018-281) Site Location: 3725 Ocean Boulevard SUMMARY: A request to waive City Council Policy L-6 to install private improvements (associated with the construction of a single-family residence) within the Ocean Boulevard public right-of-way consisting of stairs, a concrete retaining wall, planter walls, and pilasters. The Planning Commission approved the request as recommended. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: None ABSENT: None ABSTAIN: None ACTION: Approved 10-1 Planning Commission Agenda Report for January 17, 2019 January 22, 2019 Page 2 ITEM NO. 3 GREAT MEX GRILL MUP FOR TYPE 47 LICENSE (PA2018-169) Site Location: 703 Balboa Boulevard SUMMARY: A minor use permit to amend UP3031 to allow a Type 47 (On Sale General) alcoholic beverage license and to allow earlier hours of operation at an existing food service establishment. Great Mex Grill Restaurant currently operates with a Type 41 (On Sale Beer and Wine) alcoholic beverage license with hours of operation from 10:00 a.m. through 10:00 p.m., daily. The appplication includes a request for an earlier opening hour for breakfast service but no late hour operations (after 11:00 p.m.) are requested. No physical changes to the food service establishment are proposed. If approved, this minor use permit would supersede UP3031. The Planning Commission approved the project as recommended with modifications to the conditions. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: None ABSENT: None ABSTAIN: None ACTION: Approved as amended ITEM NO. 4 HOAG DEVELOPMENT AGREEMENT EXTENSION (PA2018-024) Site Location: 1 Hoag Drive SUMMARY: The City and Hoag Memorial Hospital Presbyterian entered into a Development Agreement in 1994 to ensure the orderly development of the hospital over time. The term of the agreement is 25 years and it will expire in March of 2019 if no action is taken. The agreement provides Hoag the vested right to develop the hospital campus provided it is in compliance with an extensive set of regulations and mitigation measures. The agreement also requires Hoag to provide certain public benefits to the community. Hoag requests a 25 -year extension and no other changes to the agreement. Hoag submitted a letter modifying their application seeking a 10 -year extension of the Development Agreement. They also noted their agreement with the staff recommendation for a 6 -month extension. The Planning Commission approved a resolution recommending a 6 -month extension to the City Council. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: None ABSENT: None ABSTAIN: Ellmore ACTION: Approved as recommended 10-2 January 22, 2019 Agenda Item No. 10 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 17, 2019 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 6, 2018 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 Policy L6 Waiver Fischer Residence (PA2018-281) Site Location: 3725 Ocean Boulevard Summary: A request to waive City Council Policy L-6 to install private improvements (associated with the construction of a single-family residence) within the Ocean Boulevard public right-of-way consisting of stairs, a concrete retaining wall, planter walls, and pilasters. Recommended Action: 1. Conduct a public hearing; 2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no significant effect on the environment; 3. Waive City Council Policy L-6, Encroachments in Public Rights -of -Way, to install non- compliant private improvements consisting of stairs, retaining walls, planter walls and pilasters that encroach into the Ocean Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and 4. Adopt Resolution No. PC2019-001 waiving City Council Policy L-6 and approving Encroachment Permit No. N2018-0496. 1 of 3 ITEM NO. 3 Great Mex Grill MUP for Type 47 License (PA2018-169) Site Location: 703 Balboa Boulevard Summary: A minor use permit to amend UP3031 to allow a Type 47 (On Sale General) alcoholic beverage license and to allow earlier hours of operation at an existing food service establishment. Great Mex Grill Restaurant currently operates with a Type 41 (On Sale Beer and Wine) alcoholic beverage license with hours of operation from 10:00 a.m. through 10:00 p.m., daily. The appplication includes a request for an earlier opening hour for breakfast service but no late hour operations (after 11:00 p.m.) are requested. No physical changes to the food service establishment are proposed. If approved, this minor use permit would supersede UP3031. 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 Draft Planning Commission Resolution No. PC2019-002 approving ConditionalMinor Use Permit No. UP2018-011. ITEM NO. 4 Hoag Development Agreement (PA2018-024) Site Location: 1 Hoag Drive Summary: An amendment to a Development Agreement between The City of Newport Beach and Hoag Memorial Hospital Presbyterian to extend the term of the agreement. Recommended Action: 1. Conduct a public hearing; 2. Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and 3. Adopt Resolution No. PC2019-003 recommending City Council adoption of Development Agreement No. DA2018-004 amending Amended and Restated Development Agreement No. 5 to extend the term of the agreement by six (6) months. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. 1. General Plan Update 2. Koll Study Session 1/31/19 2 of 3 ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3 of 3