HomeMy WebLinkAboutAgendaPLANNING COMMISSION AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Thursday, February 4, 2010
Regular Meeting - 6:30 p.m.
ROBERT HAWKINS
Chairperson
SCOTT PEOTTER EARL MCDANIEL
CHARLES UNSWORTH
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MICHAEL TOERGE
BRADLEY HILLGREN
Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning
Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the
table in front are City staff members who are here to advise the Commission during the meeting.
They are:
DAVID LEPO, Planning Director
PATRICK ALFORD, Planning Manager
MAKANA NOVA, Assistant Planner
JAIME MURILLO, Associate Planner
RUBY GARCIAMAY, Department Assistant
TONY BRINE, City Traffic Engineer
LEONIE MULVIHILL, Assistant City Attorney
NOTICE TO THE PUBLIC
Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth
Tuesdays of each month at 6:30 p.m. Staff reports or other written documentation have been prepared
for each item of business listed on the agenda. If you have any questions or require copies of any of the
staff reports or other documentation, please contact the Planning Department staff at (949) 644 -3200.
The agendas, minutes and staff reports are also available on the City's web site. The address is:
http:/twww.newportbeachea.gov.
It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA)
in all respects. If, as an attendee or a participant at this meeting, you will need special assistance
beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every
reasonable manner. Please contact the Planning Department at (949) 644 -3200, at least 48 hours prior
to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not
become effective until 14 days after the date of approval, during which time an appeal may be filed with
the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract
Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective
until 10 days after the date of approval, during which time an appeal may be filed with the City Clerk in
accordance with the provisions of the Newport Beach Municipal Code. General Plan and Zoning
Amendments are automatically forwarded to the City Council for final action.
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.
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers - 3300 Newport Boulevard
Thursday, February 4, 2010
REGULAR MEETING
6:30 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
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 3 minutes. Before speaking; please state your name
for the record and print your name on the tablet provided at the podium.
REQUEST FOR CONTINUANCES:
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS
MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three
minutes are up; yellow light signifies that the speaker has one minute left for summation.) Please print
only your name on the pad that is provided at the podium.
Any writings or documents provided to a majority of the Planning Commission regarding any item on this
agenda will be made available for public inspection in the Planning Department located at 3300 Newport
Boulevard, during normal business hours.
ITEM NO.1 Minutes of January 21., 2010
ACTION: Approve and file.
PUBLIC HEARINGS
ITEM NO.2 Moriarty Parcel Map Appeal (PA2008 -207)
2128 Mesa Drive
SUMMARY: The application consists of a parcel map to consolidate existing portions of lots and
parcels into a single parcel of land for single -unit development. The application was
approved with conditions by the Zoning Administrator. The applicant, Richard
Moriarty, has appealed the decision of the Zoning Administrator to the Planning
Commission and requests relief from conditions of approval relating to Coastal
Commission approval and the ingresslegress access easement.
CEQA
COMPLIANCE: This project qualifies for an exemption from environmental review pursuant to Section
15315 (Class 15) of the Implementing Guidelines of the California Environmental
Ouality Act (CEQA). The project consists of the division of property in urbanized
areas zoned for residential, commercial, or industrial use into four or fewer parcels
when the division is in conformance with the General Plan and zoning, no variances
or exceptions are required, all services and access to the proposed parcels to local
standards are available, the parcel was not involved in a division of a larger parcel
within the previous two years and the parcel does not have an average slope greater
than 20 percent.
ACTION: 1) Conduct a de novo hearing; and
2) Adopt Resolution No. denying the appeal and upholding and
affirming the decision of the Zoning Administrator and approving Parcel Map
No. NP2008 -024, subject to the findings and conditions of approval included
within the attached draft resolution (Attachment No. PCII ).
ITEM NO.3 Old Newport Boulevard General Plan Amendment (PA2008 -047)
328, 332, and 340 Old Newport Boulevard
SUMMARY: The applicant is seeking a General Plan Amendment (GPA) to increase the allowable
floor area to land area ratio (FAR) for the project site from 0.5 FAR to 1.0 FAR. An
FAR of 1.0 could result in 25,725 square feet of development. Concurrent with the
requested General Plan Amendment, the applicant is proposing the construction of a
25,000- square -foot medical office building. The following approvals are requested or
required in order to implement the project as proposed:
1. An amendment to the Land Use Element of the General Plan to increase the
allowable FAR from 0.5 to 1.0 for the project site.
2. A modification permit to allow the proposed subterranean parking area to
encroach 3 feet into the 5 -foot rear yard setback.
3. A seven space off - street parking credit for the creation of seven on -street
parking spaces along the project frontage.
4. A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot
base height limit.
5. A traffic study pursuant to the City's Traffic Phasing Ordinance.
CEQA
COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach
in connection with the application noted above. The Mitigated Negative Declaration
states that, the subject development will not result in a significant effect on the
environment. It is the present intention of the City to accept the Mitigated Negative
Declaration and supporting documents.
ACTION: 1) Conduct a public hearing; and
2) Adopt Resolution No. (Attachment No. PC1) recommending that
the City Council:
a. Adopt the Mitigated Negative Declaration, including the Mitigation
Monitoring and Reporting Program; and
b. Find that, based on the weight of the evidence in the administrative
record, including Traffic Study No. TS2009 -002, that the Project
complies with the Traffic Phasing Ordinance; and
c. Approve General Plan Amendment No. GP2008 -001 with a FAR of
0.75; and
d. Approve Modification Permit No. MD2009- 016,and the requested off -
street parking credit; and
e. Deny Use Permit No. UP2009 -005.
ITEM NO.4 Balboa Center Renovation (PA2009 -153)
3101 -3121 Newport Boulevard and 3100 -3138 Balboa Boulevard
SUMMARY: The applicant requests approval of two use permits and a parcel map associated
with the renovation and expansion of an existing retail shopping center. The parcel
map would allow the merger of six existing parcels into one parcel for
redevelopment. One use permit would allow portions of a new facade to exceed
the 26 -foot base height limit by four feet and another would allow the waiver of
five, required, off - street parking spaces through the approval of a parking
management program.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures). The Class 3 exemption applies to up to four
commercial buildings in urbanized areas not exceeding 10,000 square feet in floor
area on sites zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities are
available and the surrounding area is not environmentally sensitive. The subject
property is zoned for retail use and the proposed project does not involve
significant amounts of hazardous substances and all necessary public services
and facilities are provided. The proposed project is consistent with this exemption
and involves the development of two commercial buildings with a total of 6,515
square feet of new development within an urbanized area.
ACTION: 1) Conduct a public hearing; and
2) Adopt Resolution No. approving Use Permit No. UP2009 -037 and
UP2010 -002, and Parcel Map No. NP200"13, subject to the findings and
conditions in the attached draft resolution (Attachment No. PC 1).
NEW BUSINESS
ITEM NO. 6 City Council Follow -up.
ITEM NO. 6 Planning Commission reports.
ITEM NO. 7 Announcements on matters that Commission members would like placed on a future
agenda for discussion, action, or report.
ITEM NO. 8 Request for excused absences.
ADJOURNMENT