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Home My WebLink About12 - Planning Commission Agenda and Action ReportQ SEW Pp�T CITY OF z NEWPORT BEACH c<,FORN'P City Council Staff Report May 11, 2021 Agenda Item No. 12 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 May 6, 2021 ITEM NO. 1 MINUTES OF APRIL 8, 2021 SUMMARY: Draft minutes from the April 8, 2021 meeting of the Planning Commission. The Planning Commission considered the draft minutes and suggested edits, 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. PUBLIC HEARING ITEMS: ITEM NO. 2 SUPER PANGA RESTAURANT (PA2020-356) Site Location: 2110 and 2112 West Ocean Front SUMMARY: A request for a conditional use permit to remodel and expand an existing restaurant into the abutting tenant space, currently occupied by Henry's Groceries. Also included is a request to upgrade the existing Type 41 (On - Sale Beer and Wine - Eating Place) Alcoholic Beverage Control (ABC) license to a Type 47 (On -Sale General - Eating Place) ABC license. As part of the project, the existing Type 20 (Off -Sale Beer and Wine) ABC license held by Henry's Groceries will be eliminated. The proposed expansion will create an enlarged interior dining area, as well as improved kitchen and restroom facilities. The proposed hours of operation are from 6 a.m. to 1 a.m., Monday through Thursday, and 6 a.m. to 1:30 a.m., Friday through Sunday. 12-1 Planning Commission Agenda Report for May 6, 2021 May 11, 2021 Page 2 The Planning Commission conducted a public hearing and approved the project as recommended with modifications to the conditions. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowery, Rosene, and Weigand NOES: None ABSENT: None ACTION: Approved as amended. STUDY SESSION ITEM: ITEM NO. 3 RESIDENCES AT NEWPORT CENTER (PA2020-020) Site Location: 150 Newport Center Drive SUMMARY: A study session to allow staff and the Applicant to present information regarding the proposed Residences at Newport Center residential development project. The project site includes approximately 1.3 acres in Newport Center bounded to the north by Newport Center Drive and the east by Anacapa Drive. The proposed project consists of the demolition of an existing 2,085 -square -foot car wash and gas station to accommodate the development of 28 dwelling units. The project requires the following discretionary approvals to be reviewed by the Planning Commission: General Plan Amendment, Zoning Code Amendment, Planned Community Development Plan, Site Development Review, Tentative Tract Map, Development Agreement, and certification of an Environmental Impact Report. This study session will be informational only and no decisions will be made at this meeting. The Planning Commission is tentatively scheduled to consider the project on August 19, 2021. City Council approval is also required. ACTION: A general discussion occurred, and comments from commissioners and the public were provided to staff and the applicant. No action was taken. PUBLIC HEARING ITEMS: ITEM NO. 4 OC VETERINARY CENTER (PA2020-325) Site Location: 1220 Bison Avenue, Suite A7 To comment on this item during the meeting, please call 949-270-8165. SUMMARY: The Applicant proposes a full-service animal clinic for domestic pets (i.e., veterinary services) within an existing 3,414 -square -foot retail tenant space. Clinic services include a range of outpatient offerings such as preventive animal care and pain management, wellness exams, surgeries, and vaccinations. Only animals in critical condition would be kept on-site longer than 24 hours. The hours of operation would be restricted to between 8 a.m. to 6 p.m., Monday to Friday; 9 a.m. to 4 p.m. on Saturday; and closed on Sunday. 12-2 Planning Commission Agenda Report for May 6, 2021 May 11, 2021 Page 3 The Planning Commission conducted a public hearing and approved the project as recommended with modifications to the conditions. AYES: Ellmore, Klaustermeier, Rosene, and Weigand NOES: None ABSENT: None ACTION: Approved as amended. Kleiman, Koetting, Lowery, ITEM NO. 5 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020- 030) Site Location: Citywide To comment on this item during the meeting, please call 949-270-8165. SUMMARY: Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20 (Planning and Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to define tattoo establishments (a previously undefined use) as a land use category and establish objective standards to regulate its use. ACTION: DISCUSSION ITEMS: The Planning Commission conducted a public hearing and continued the item to an undetermined date for further review. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: None ABSENT: None The item was continued. ITEM NO. 6 DIRECTOR'S INTERPRETATION FOR ACCESSORY RESIDENTIAL USES ASSOCIATED WITH HOTELS (PA2021-096) Site Location: Citywide To comment on this item during the meeting, please call 949-270-8165. SUMMARY: The Community Development Director has issued a determination that residential uses are allowable as an accessory use to resort hotels under certain parameters. This determination is consistent with City Council Policy K-4 (Reducing the Barriers to the Creation of Housing). ACTION: Receive and file. 12-3 May 11, 2021 Agenda Item No. 12 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MAY 6, 2021 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 APRIL 8, 2021 To comment on this item during the meeting, please call 949-270-8165. 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 SUPER PANGA RESTAURANT (PA2020-356) Site Location: 2110 and 2112 West Ocean Front To comment on this item during the meeting, please call 949-270-8165. Summary: A request for a conditional use permit to remodel and expand an existing restaurant into the abutting tenant space, currently occupied by Henry's Groceries. Also included is a request to upgrade the existing Type 41 (On -Sale Beer and Wine - Eating Place) Alcoholic Beverage Control (ABC) license to a Type 47 (On -Sale General - Eating Place) ABC license. As part of the project, the existing Type 20 (Off -Sale Beer and Wine) ABC license held by Henry's Groceries will be eliminated. The proposed expansion will create an enlarged interior dining area, as well as improved kitchen and restroom facilities. The proposed hours of operation are from 6 a.m. to 1 a.m., Monday through Thursday, and 6 a.m. to 1:30 a.m., Friday through Sunday. 1 of 3 Planning Commission Regular Meeting Agenda May 6, 2021 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. PC2021-011 approving Conditional Use Permit No. UP2020-198. VIII. STUDY SESSION ITEM NO. 3 RESIDENCES AT NEWPORT CENTER (PA2020-020) Site Location: 150 Newport Center Drive To comment on this item during the meeting, please call 949-270-8165. Summary: A study session to allow staff and the Applicant to present information regarding the proposed Residences at Newport Center residential development project. The project site includes approximately 1.3 acres in Newport Center bounded to the north by Newport Center Drive and the east by Anacapa Drive. The proposed project consists of the demolition of an existing 2,085 -square - foot car wash and gas station to accommodate the development of 28 dwelling units. The project requires the following discretionary approvals to be reviewed by the Planning Commission: General Plan Amendment, Zoning Code Amendment, Planned Community Development Plan, Site Development Review, Tentative Tract Map, Development Agreement, and certification of an Environmental Impact Report. This study session will be informational only and no decisions will be made at this meeting. The Planning Commission is tentatively scheduled to consider the project on August 19, 2021. City Council approval is also required. Recommended Action: Discuss the proposed project and provide direction to staff and the applicant as necessary. No action may be taken on this study session discussion of the project. IX. PUBLIC HEARING ITEMS ITEM NO. 4 OC VETERINARY CENTER (PA2020-325) Site Location: 1220 Bison Avenue, Suite A7 To comment on this item during the meeting, please call 949-270-8165. Summary: The Applicant proposes a full-service animal clinic for domestic pets (i.e., veterinary services) within an existing 3,414 -square -foot retail tenant space. Clinic services include a range of outpatient offerings such as preventive animal care and pain management, wellness exams, surgeries, and vaccinations. Only animals in critical condition would be kept on-site longer than 24 hours. The hours of operation would be restricted to between 8 a.m. to 6 p.m., Monday to Friday; 9 a.m. to 4 p.m. on Saturday; and closed on Sunday. 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. PC2021-010 approving Use Permit No. UP2020-191. 2 of 3 X. XI. Planning Commission Regular Meeting Agenda May 6, 2021 ITEM NO. 5 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-030) Site Location: Citywide To comment on this item during the meeting, please call 949-270-8165. Summary: Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20 (Planning and Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to define tattoo establishments (a previously undefined use) as a land use category and establish objective standards to regulate its use. Recommended Action: 1. Conduct a public hearing; 2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which exempts local governments from the requirements of CEQA in connection with the adoption of a Local Coastal Program; 3. Adopt Resolution No. PC2021-012 recommending the City Council approve Zoning Code Amendment No. CA2020-002 updating development standards related to tattoo establishments; and 4. Adopt Resolution No. PC2021-013 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2020-002 to the California Coastal Commission. DISCUSSION ITEMS ITEM NO. 6 DIRECTOR'S INTERPRETATION FOR ACCESSORY RESIDENTIAL USES ASSOCIATED WITH HOTELS (PA2021-096) Site Location: Citywide To comment on this item during the meeting, please call 949-270-8165. Summary: The Community Development Director has issued a determination that residential uses are allowable as an accessory use to resort hotels under certain parameters. This determination is consistent with City Council Policy K-4 (Reducing the Barriers to the Creation of Housing). Recommended Action: Receive and file. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES XII. ADJOURNMENT 3 of 3