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HomeMy WebLinkAbout0.0_AgendaPLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, May 21, 2009 Regular Meeting - 6:30 p.m. SCOTT PEOTTER Chairperson ROBERT HAWKINS CHARLES UNSWORTH BARRY EATON EARL MCDANIEL 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 GINGER VARIN, Planning Commission Secretary PATRICK ALFORD, Planning Manager TONY BRINE, City Traffic Engineer AARON C. HARP, 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: hftp://www.city.newport-beach.ca,us/. 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 Ginger Varin, Planning Commission Secretary at (949) 644 -3232, 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, Resubdivision, and Modification applications do not become effective until 14 days after the date of approval, during which time an appeal may be filed with the City Council. 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, May 21, 2009 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 Blvd., during normal business hours. ITEM NO. 1 Minutes of March 19, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 Moriarty Residence (PA2008 -207) 2128 Mesa Drive SUMMARY: An appeal by the applicant, Richard Moriarty, of the Zoning Administrator approval of a parcel map to consolidate existing portions of lots and parcels into a single parcel of land for single - family development. The applicant requests relief from conditions of approval relating to Coastal Commission approval and the ingress /egress access easement. ACTION: Continue for 90 days. CEQA COMPLIANCE: The project is categorically exempt under Section 15315, of the California Environmental Quality Act (CEQA) Guidelines - Class 15 (Minor Land Divisions). ITEM NO. 3 AERIE Condominiums (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar at the corner of the intersection of Ocean Blvd. & Carnation Ave. SUMMARY: The demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 6- level, 8 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two- family residential to multi - family residential). The application includes a tentative tract map for the creation of eight (8) condominium units for individual sale. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks and above grade encroachments of portions of the proposed building, including protective guardrails into the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacement of demolished apartments occupied by low or moderate income households. No units meeting these criteria are known to exist, and therefore, no replacement of affordable housing units is required. A Draft Environmental Impact Report (DEIR) (SCH #2007021054) has been prepared by the City of Newport Beach in connection with the application. The DEIR concludes that the proposed project may have a significant effect on the environment on Air Quality, Land Use, Noise, Traffic/Circulation, Aesthetics, Drainage and Hydrology, Public Health and Safety, Cultural Resources, Soils and Geology, and Biological Resources. ACTION: 1) Conduct public hearing; and 2) Consider the draft Environmental Impact Report (DEIR), comments and responses to comments; and 3) Adopt the attached draft resolution recommending City Council certification of the DEIR and approval of the project. CEQA COMPLIANCE: All other environmental effects were determined to be less than significant or have no impact and were also addressed in the DEIR. The DEIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). ITEM NO.4 Newport Healthcare Center, LLC (PA2009 -017) 500 -540 Superior Avenue SUMMARY: An appeal of the Zoning Administrator's decision to deny Modification Permit No. 2009 -004, which would have allowed multi- tenant directory, directional, and kiosk signs to exceed the maximum sign area and height limitations of an existing comprehensive sign program (CS2008 -010). ACTION: 1) Conduct public hearing; and 2) Deny the appeal and uphold and affirm the decision of the Zoning Administrator and deny Modification No. 2009 -017, subject to the findings included within the attached draft resolution. CEQA COMPLIANCE: The project is categorically exempt under Section 15300, of the California. Environmental Quality Act (CEQA) Guidelines — Class 11 (Accessory Structures). ITEM NO. 5 Newport Bay Hospital (PA2009 -037) 1501 E. 16th Street SUMMARY: A use permit application to allow the retention of a 1,327- square -foot modular building that serves as a meeting room and two administrative offices for an existing hospital. The subject building was previously approved by Use Permit No. 2005 -045 and is required to be removed no later than June 30, 2009. The request is to allow the building to remain until October 31, 2021, which coincides with the termination of the current property lease. ACTION: Remove from calendar. The Planning Director will make a determination on the authorization of the proposed temporary structure pursuant to Section 20.60.015.0 of the Zoning Code (Temporary Structures and Uses in Excess of 90 Days.). 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). ITEM NO. 6 Santa Ana Heights Horse Licensing Code Amendment Initiation SUMMARY: The project is the initiation of a code amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code pertaining to the licensing of horses within the Residential Equestrian District (REQ) of the Santa Ana Heights Speck Plan District. ACTION: 1) Conduct public hearing; and 2) Adopt resolution of intent initiating the amendment to Title 20 of the Newport Beach Municipal Code CEQA COMPLIANCE: None required for the initiation of amendments. NEW BUSINESS ITEM NO. 7 City Council Follow -up. ITEM NO. 8 Planning Commission reports. ITEM NO. 9 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 10 Request for excused absences. ADJOURNMENT