HomeMy WebLinkAbout10 - PC Agendas 08-22-13 & 09-05-13� �,EwPORr
CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 10
September 10, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(a)newportbeachca.gov
PREPARED BY: Brenda Wisneski,peputy Director Community Development
APPROVED:
TITLE: ( /P!pnning Commission Agenda Report for August 22, 2013
ELECTION OF OFFICERS (CONTINUED FROM PREVIOUS MEETING)
1. Appointment to the General Plan /LCP Committee
a. Chair to appoint one additional member, and confirm existing
appointments.
Jay Myers was appointed to the Committee.
ITEM NO. 1 MINUTES OF AUGUST 8, 2013
The minutes were amended and approved (6 ayes, 1 abstention)
AYES:
Ameri, Brown, Hillgren, Kramer, Myers, and Tucker
NOES:
None
ABSENT:
None
ABSTAIN:
Lawler
PUBLIC HEARING ITEMS:
Note, Chair Hillgren reordered the agenda as follows:
ITEM NO. 2 HORMANN VARIANCE (PA2013 -086)
Site Location: 417 and 419 E. Balboa Boulevard
SUMMARY: The applicant proposes to maintain /remodel the existing 1,785- square -foot
duplex and to add 1,989 square feet on the rear of the property including a two -
car garage and attached two -car carport. All new construction will comply with
the Zoning Code - required development standards. The existing duplex is
City Council Staff Report September 10, 2013
Page 2
nonconforming because it encroaches into the required 3 -foot side setbacks and
5 -foot front setback. Additions to nonconforming structures are limited to 50
percent of the existing floor area. A variance is required for the proposed project
as it would result in a 111 - percent addition.
Assistant Planner Ben Zdeba gave a presentation summarizing the applicants`
requests. On the basis that the required findings to support the variance could
not be satisfied, staff recommended denial of the proposal.
The Planning Commission voted to deny the variance (5 ayes, 2 noes).
AYES:
Ameri, Hillgren, Kramer, Lawler, and Tucker
NOES:
Brown and Myers
ABSENT:
None
ABSTAIN:
None
ITEM NO. 5 HOUSING ELEMENT UPDATE (PA2012 -104)
Site Location: 4311 -4321 Jamboree Road
SUMMARY: An amendment of the Newport Beach General Plan updating the Housing
Element for the years 2014 through 2021. The Housing Element is one of the
mandatory elements of the General Plan, and State law requires it to be updated
periodically. The Newport Beach Housing Element details the City's strategy for
enhancing and preserving the community's character and identifies constraints to
the development of housing. It also identifies strategies for expanding housing
opportunities and services for all household types and income groups. Most
importantly, it provides the primary policy guidance for local decision - making
related to housing. The draft 2014 -2021 Housing Element (Draft) is an update
and revision of the adopted 2008 -2014 Housing Element and it contains updated
community data, policies, and programs.
The 2014 -.2021 Housing Element is accessible online at
http:// www. newportbeachca .gov /housingelementupdate.
Assistant Planner Melinda Whelan gave a presentation summarizing the
revisions made to the Housing Element since the Planning Commission's last
review.
The Planning Commission voted unanimously to recommend the City Council
approve the Housing Element Update (7 ayes).
AYES: Amen, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
NOES: None
ABSENT: None
ABSTAIN: None
ITEM NO. 4 LIDO VILLAS (PA2012 -146)
Site Location: 3303 and 3355 Via Lido
City Council Staff Report September 1.0, 2013
Page 3
SUMMARY: The project consists of the demolition of a 3 -story commercial building, a single-
story church building (First Church of Christ, Scientist), and a 56 -space surface
parking lot to accommodate the development of 23 townhouse -style multi - family
dwelling units on a 1.2 acre site. The following applications are requested in
order to implement the project as proposed:
1. General Plan Amendment - to change the land use of a portion of the
project site (3303 Via Lido) from PI (Private Institutions, 0.75) to RM (Multi -
Unit Residential, 20 DU /acre).
2. Coastal Land Use Plan Amendment - to change the land use of a portion of
the project site (3303 Via Lido) from PI -B (Private Institutions) to RM -D
(Multiple -Unit Residential).
3. Zoning Code Amendment - to change the Zoning designations of the
properties at 3303 Via Lido from PI (Private Institutions) and 3355 Via Lido
from RM (Multiple -Unit Residential, 2178) and establish a Planned
Community Development Plan (PC) Zoning District over the entire project site
with development standards for a new 23 -unit multi - family project. In order to
establish the proposed planned community development plan, a waiver of the
minimum site area of 10 acres of developed land is necessary.
4. Site Development Review - to allow the construction of 23 townhouse -style
multi - family dwelling units.
5. Tract Map - to combine six underlying parcels on two existing properties and
establish a 23 -unit residential condominium tract on a 1.2 acre site.
6. Mitigated Negative Declaration - to evaluate environmental impacts relative
to the California Environmental Quality Act (CEQA).
The applicant requested this item be continued to the September 5, 2013
Planning Commission meeting.
As requested by the Planning Commission, Assistant Planner Makana Nova
gave a presentation summarizing the applicants' requests. The Commissioners
provided comment on additional details needed.
The Planning Commission voted unanimously to continue the project to
September 5, 2013 (7 ayes).
AYES:
Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
NOES:
None
ABSENT:
None
ABSTAIN:
None
ITEM NO. 3 UPTOWN NEWPORT MSDR (PA2013 -129)
Site Location: 4311 -4321 Jamboree Road
SUMMARY: A Master Site Development Review application for the Uptown Newport mixed -use
residential project which consists of 1,244 residential units, 11,500 square feet of
neighborhood - serving retail space, and approximately two (2) acres of park
space. The purpose of the Master Site Development Review is to ensure that
Submitted by:
project will be developed in
approved Uptown Newport
Development Agreement, e
City codes and standards.
City Council Staff Report September 10, 2013
Page 4
a cohesive manner in phases consistent with the
Planned Community Development Plan (PCDP),
ivironmental mitigation measures, and applicable
Commissioner Lawler indicated he had a business interest in the area and would
recuse himself from making a decision on the project and left the Chambers.
Associate Planner Rosalinh Ling gave a presentation summarizing the
applicants' requests. The project architect presented detail regarding the
architecture and proposed building materials. Following discussion, the Planning
Commission requested architectural changes to specific areas of the project.
The Planning Commission voted unanimously to continue the project to
September 5, 2013 (6 ayes, 1 recusal).
AYES:
Ameri, Brown, Hillgren, Kramer, Myers, and Tucker
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSAL:
Lawler
, Deputy Director
Agenda Item No. 10
September 10, 2013
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, AUGUST 22, 2013
REGULAR MEETING — 6:30 p.m.
CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. ELECTION OF OFFICERS (CONTINUED FROM PREVIOUS MEETING)
Appointment to the General Plan /LCP Committee
a. Chair to appoint one additional member, and confirm existing appointments.
V. 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.
VI. REQUEST FOR CONTINUANCES
VII. CONSENT ITEMS
ITEM NO. 1 MINUTES OF AUGUST 8, 2013
Recommended Action: Approve and file
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.
ITEM NO. 2 HORMANN VARIANCE (PA2013 -086)
Site Location: 417 and 419 E. Balboa Boulevard
Summary:
The applicant proposes to maintain /remodel the existing 1,785- square -foot duplex and to add 1,989
square feet on the rear of the property including a two -car garage and attached two -car carport. All
new construction will comply with the Zoning Code - required development standards. The existing
duplex is nonconforming because it encroaches into the required 3 -foot side setbacks and 5 -foot
front setback. Additions to nonconforming structures are limited to 50 percent of the existing floor
area. A variance is required for the proposed project as it would result in a 111 - percent addition.
CEQA Compliance:
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects
which a public agency rejects or disapproves are not subject to CEQA review.
Should the Planning Commission act to approve the request, the project would be categorically exempt
under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New
Construction or Conversion of Small Structures).
Recommended Action:
1 of 4
1. Conduct public hearing; and
2. Adopt Resolution No. denying Variance No. VA2013 -002.
ITEM NO. 3 UPTOWN NEWPORT MSDR (PA2013 -129)
Site Location: 4311 -4321 Jamboree Road
Summary:
A Master Site Development Review application for the Uptown Newport mixed -use residential project
which consists of 1,244 residential units, 11,500 square feet of neighborhood- serving retail space,
and approximately two (2) acres of park space. The purpose of the Master Site Development Review
is to ensure that project will be developed in a cohesive manner in phases consistent with the
approved Uptown Newport Planned Community Development Plan (PCDP), Development Agreement,
environmental mitigation measures, and applicable City codes and standards.
CEQA Compliance:
All environmental effects of the Uptown Newport Planned Community have been previously
addressed by the certification of Environmental Impact Report No. ER2012 -001 (SCH No.
2010051094) and approving Master Site Development Review No. SD2013 -002.
Recommended Action:
1. Conduct public hearing; and
2. Provide direction to the applicant and /or staff regarding the adequacy of the architectural
focal point provision at either end of the main entry drive at the Fairchild intersection; and
3. Adopt Resolution No. _ finding that all environmental effects of the Uptown Newport
Planned Community have been previously addressed by the certification of Environmental
Impact Report No. ER2012 -001 (SCH No. 2010051094) and approving Master Site
Development Review No. SD2013 -002.
ITEM NO.4 LIDO VILLAS (PA2012 -146)
Site Location: 3303 and 3355 Via Lido
Summary:
The project consists of the demolition of a 3 -story commercial building, a single -story church building
(First Church of Christ, Scientist), and a 56 -space surface parking lot to accommodate the
development of 23 townhouse -style multi - family dwelling units on a 1.2 acre site. The following
applications are requested in order to implement the project as proposed:
1. General Plan Amendment - to change the land use of a portion of the project site (3303 Via
Lido) from PI (Private Institutions, 0.75) to RM (Multi -Unit Residential, 20 DU /acre).
2. Coastal Land Use Plan Amendment - to change the land use of a portion of the project site
(3303 Via Lido) from PI -B (Private Institutions) to RM -D (Multiple -Unit Residential).
3. Zoning Code Amendment - to change the Zoning designations of the properties at 3303 Via
Lido from PI (Private Institutions) and 3355 Via Lido from RM (Multiple -Unit Residential, 2178)
and establish a Planned Community Development Plan (PC) Zoning District over the entire
project site with development standards for a new 23 -unit multi - family project. In order to
establish the proposed planned community development plan, a waiver of the minimum site area
of 10 acres of developed land is necessary.
4. Site Development Review - to allow the construction of 23 townhouse -style multi - family
dwelling units.
5. Tract Map - to combine six underlying parcels on two existing properties and establish a 23 -unit
residential condominium tract on a 1.2 acre site.
6. Mitigated Negative Declaration - to evaluate environmental impacts relative to the California
Environmental Quality Act (CEQA).
2 of 4
CEQA Compliance:
Prior to making a recommendation on the proposed project, the Planning Commission must first review,
consider, and recommend City Council adoption of the Mitigated Negative Declaration (MND). On the
basis of the analysis provided in the MIND, City staff has concluded that the project would not have a
significant impact on the environment. The MND was completed and circulated for a mandatory 30 -day
public- review period that began on July 12, 2013, and concluded on August 13, 2013. The public
comment period was extended through August 13, 2013 to allow for comments received through OPR
(the Office of Planning and Research), which began the review period on July 15, 2013.
Recommended Action:
1. Conduct public hearing; and
2. Adopt Resolution No. and attached Exhibits recommending the City Council:
• Adopt Mitigated Negative Declaration No. ND2013 -001;
• Approve General Plan Amendment No. GP2012 -005;
• Approve Local Coastal Plan Amendment No. LC2013 -001;
• Approve Code Amendment No. CA2012 -008;
• Approve Site Development Review No. SR2013 -001; and
• Approve Tract Map No. NT2013 -001
(Tentative Tract Map No. 17555).
ITEM NO. 5 HOUSING ELEMENT UPDATE (PA2012 -104)
Site Location: 100 Civic Center Dr., Newport Beach
Summary:
An amendment of the Newport Beach General Plan updating the Housing Element for the years
2014 through 2021. The Housing Element is one of the mandatory elements of the General Plan,
and State law requires it to be updated periodically. The Newport Beach Housing Element details the
City's strategy for enhancing and preserving the community's character and identifies constraints to
the development of housing. It also identifies strategies for expanding housing opportunities and
services for all household types and income groups. Most importantly, it provides the primary policy
guidance for local decision - making related to housing. The draft 2014 -2021 Housing Element (Draft)
is an update and revision of the adopted 2008 -2014 Housing Element and it contains updated
community data, policies, and programs.
The 2014 -2021 Housing Element is accessible online at
http://www.newportbeachca.gov/housingelementupdate.
CEQA Compliance:
All significant environmental concerns for the proposed project have been addressed in a previously
certified Negative Declaration (ND) SCH No. 2011091088 for the 2008 -2014 Housing Element Update.
The 2014 -2021 Housing Element is a minor revision and update with no new analysis required. The ND
uses and incorporates by reference the environmental analysis from the City of Newport Beach
Environmental Impact Report General Plan 2006 Update SCH No. 2006011119, certified on July 25,
2006. The ND indicates that the Housing Element Update will not result in a significant effect on the
environment and further that there are no additional alternatives or mitigation measures that should be
considered in conjunction with said project. Copies of the previously prepared environmental document
are available for public review and inspection at the Planning Division or at the City of Newport Beach
website under Archived Environmental Documents at www. newoortbeachca .00v /ceaadocuments.
Recommended Action:
1. Conduct public hearing; and
2. Adopt Resolution No. recommending adoption of the 2014 -2021 Housing Element
Update to the City Council.
3of4
IX.
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Committee Updates:
1. Land Use Element Amendment Advisory Committee
2. General Plan /Local Coastal Program Implementation Committee
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
ADJOURNMENT
4of4
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, SEPTEMBER 5, 2013
REGULAR MEETING — 6:30 p.m.
CALL TO ORDER
Agenda Item No.10
September 10, 2013
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 AUGUST 22, 2013
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 UPTOWN NEWPORT MSDR (PA2013 -129)
Site Location: 4311 -4321 Jamboree Road
Summary:
A Master Site Development Review application for the Uptown Newport mixed -use residential project
which consists of 1,244 residential units, 11,500 square feet of neighborhood - serving retail space,
and approximately two (2) acres of park space. The purpose of the Master Site Development Review
is to ensure that the project will be developed in a cohesive manner in phases consistent with the
approved Uptown Newport Planned Community Development Plan (PCDP), Development Agreement,
environmental mitigation measures, and applicable City codes and standards.
CEQA Compliance:
All environmental effects of the Uptown Newport Planned Community have been previously
addressed by the certification of Environmental Impact Report No. ER2012 -001 (SCH No.
2010051094) and approving Master Site Development Review No. SD2013 -002.
Recommended Action:
1. Conduct public hearing; and
2. Provide direction to the applicant and /or staff regarding the adequacy of the architectural
focal point provision at either end of the main entry drive at the Fairchild intersection; and
3. Adopt Resolution No. . finding that all environmental effects of the Uptown Newport
Planned Community have been previously addressed by the certification of Environmental
Impact Report No. ER2012 -001 (SCH No. 2010051094) and approving Master Site
4. Development Review No. SD2013 -002.
1 of 3
ITEM NO. 3 LIDO VILLAS (PA2012 -146)
Site Location: 3303 and 3355 Via Lido
Summary:
The project consists of the demolition of a 3 -story commercial building, a single -story church building
(First Church of Christ, Scientist), and a 56 -space surface parking lot to accommodate the
development of 23 townhouse -style multi - family dwelling units on a 1.2 acre site. The following
applications are requested in order to implement the project as proposed:
1. General Plan Amendment -to change the land use of a portion of the project site (3303 Via
Lido) from PI (Private Institutions, 0.75) to RM (Multi -Unit Residential, 20 DU /acre).
2. Coastal Land Use Plan Amendment -to change the land use of a portion of the project site
(3303 Via Lido) from PI -B (Private Institutions) to RM -D (Multiple -Unit Residential).
3. Zoning Code Amendment -to change the Zoning designations of the properties at 3303 Via
Lido from PI (Private Institutions) and 3355 Via Lido from RM (Multiple -Unit Residential,
2178) and establish a Planned Community Development Plan (PC) Zoning District over the
entire project site with development standards for a new 23 -unit multi - family project. In order
to establish the proposed planned community development plan, a waiver of the minimum
site area of 10 acres of developed land is necessary.
4. Site Development Review -to allow the construction of 23 townhouse -style multi - family
dwelling units.
5. Tract Map -to combine six underlying parcels on two existing properties and establish a 23-
unit residential condominium tract on a 1.2 acre site.
6. Mitigated Negative Declaration -to evaluate environmental impacts relative to the California
Environmental Quality Act (CEQA).
CEQA Compliance:
On the basis of the analysis provided in the Mitigated Negative Declaration (MIND), City staff has
concluded that the project would not have a significant impact on the environment. The MIND was
completed and circulated for a mandatory 30 -day public- review period that began on July 12, 2013, and
concluded on August 13, 2013. The public comment period was extended through August 13, 2013 to
allow for comments received through OPR (the Office of Planning and Research), which began the
review period on July 15, 2013.
Recommended Action:
1. Conduct public hearing; and
2. Adopt Resolution No. _ and attached Exhibits recommending the City Council:
• Adopt Mitigated Negative Declaration No. ND2013 -001;
• Approve General Plan Amendment No. GP2012 -005;
• Approve Local Coastal Plan Amendment No. LC2013 -001;
• Approve Code Amendment No. CA2012 -008;
• Approve Site Development Review No. SR2013 -001; and
• Approve Tract Map No. NT2013 -001
(Tentative Tract Map No. 17555).
ITEM NO. 4 NEWPORT HARBOR YACHT CLUB (PA012 -091)
Site Location: 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue,
and 710 -720 West Balboa Boulevard
Summary:
The proposed project consists of the demolition of the 19,234- square -foot yacht club facility and
construction of a 23,163 square foot facility. In order to implement the project, a General Plan
Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and
Planned Development Permit, would need to be approved to address the yacht club use, square
footage increase, additional height, parking, and land use designations for certain properties
currently being used for boat storage and parking. Should the project be approved, the Planning
Commission recommendation will be forwarded to the City Council for the final review and action.
2 of 3
VIII.
IX.
Recommended Action:
1. Remove the item from the calendar. The project will be re- noticed for a future meeting.
ITEM NO. 5 WOODY'S WHARF USE PERMIT (PA2011 -055)
Site Location: 2318 Newport Boulevard
Summary:
Reconsideration of an application to amend a use permit to change the operational characteristics of
an existing restaurant. The requested amendment includes: 1) the introduction of patron dancing; 2)
extending the opening hour from 11:00 a.m. to 10:00 a.m. and the closing hour of the outdoor dining
area from 11:00 p.m. to 2:00 a.m.; 3) amending the requirement for full -time valet parking service
during restaurant operating hours; and 4) waiving up to 6 parking spaces resulting from increased
occupancy created by patron dancing and the elimination of valet parking service. A variance is also
requested to allow a proposed patio cover to encroach into the required bulkhead setback.
CEQA Compliance:
The project is categorically exempt under Section 15301, of the California Environmental Quality Act
(CEQA) Guidelines - Class 1 (Existing Facilities).
Recommended Action:
Conduct a public hearing; and
Adopt Resolution No. approving Conditional Use Permit No. UP2011 -010 and
Variance No. VA2013 -006, to:
1) allow the proposed patio cover to encroach into the bulkhead setback;
2) extend the opening hour of the restaurant and outdoor dining area to 10:00 a.m.,
daily, and extend the closing hour of the outdoor dining area to 2:00 a.m., daily;
3) require the use of the valet parking on an as- needed basis only; and
4) waiver of a portion of the required parking.
But denying the request to allow changes to the restaurant operation and use of the outdoor
dining area, that include:
1) the introduction of patron dancing within the interior of the restaurant; and
2) removing tables and chairs within the outdoor dining area.
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Committee Updates:
1. Land Use Element Amendment Advisory Committee
2. General Plan /Local Coastal Program Implementation Committee
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
3of3