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HomeMy WebLinkAbout10 - Planning Commission Agendas and Action ReportSeptember 9, 2014 Agenda Item No. 10 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 4, 2014 REGULAR MEETING — 6:30 p.m. 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 AUGUST 21, 2014 Recommended Action: Approve and file VII. STUDY SESSION ITEM ITEM NO. 2 BALBOA MARINA WEST MITIGATED NEGATIVE DECLARATION (PA2012 -103) Site Location: 151 and 201 East Coast Highway Summary: A study session on the Mitigated Negative Declaration (MND) for the Balboa Marina West project at 151 and 201 East Coast Highway. Balboa Marina West is a proposed plan to construct a new public boat dock in the Newport Harbor, improve and expand the existing Balboa Marina, and construct a 19,400 square feet marine commercial building for a yacht brokerage office, public restrooms, and a restaurant. CEQA Compliance: This study session is covered by the general rule that CEQA applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). Recommended Action: 1. Review MND and project materials and provide feedback to staff; and 2. Direct staff to conduct a public hearing on the MND for October 2, 2014. 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. 1 of 2 ITEM NO. 3 LIDO THEATRE ALCOHOL SALES (PA2014 -048) Site Location: 3459 Via Lido Summary: A Minor Use Permit for the Lido Theatre to allow a Type 40 (On -Sale Beer) Alcoholic Beverage Control License, which would allow alcohol service during movie screenings and live shows. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: Remove this item from the calendar. ITEM NO.4 BALBOA VILLAGE PARKING MANAGEMENT, PARKING MANAGEMENT OVERLAY DISTRICT (PA2014 -016) Site Location: All properties located within Balboa Village bounded by Adams Street, the Pacific Ocean, A Street, and Newport Bay Summary: Zoning Code Amendment No. CA2014 -001 for the approval of a Parking Management Plan and Parking Management Overlay District for Balboa Village that would; 1) eliminate required, off - street parking spaces for most commercial uses, 2) maintain existing off - street parking facilities, 3) promote the shared use of existing parking facilities, 4) suspend existing and future in -lieu parking fees, and 5) establish a voluntary employee parking program. CEQA Compliance: The adoption of Code Amendment No. CA2014 -001 establishing the Balboa Village Parking Management Overlay District is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. Recommended Action: Continue the item to September 18, 2014. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan /Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT 2of2 10 -2 a�W�Rr CITY OF NEWPORT BEACH City Council Staff Report TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kbrandt(cDnewportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949- 644 - 3297; bwisneski(d)newportbeachca.gov TITLE: Planning Commission Agenda Report for August 21, 2014 ITEM NO. 1 MINUTES OF AUGUST 11, 2014 The minutes were amended and approved (6 ayes, 1 excused) AYES: Brown, Hillgren, Lawler Koetting, Myers, and Tucker NOES: None ABSENT: Kramer ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014.058) Site Location: 3014 Balboa Boulevard SUMMARY: An appeal by Council Member Mike Henn of the Zoning Administrator's June 12, 2014, decision to approve Minor Use Permit No. UP2014 -013. The Minor Use Permit would allow the addition of a Type 41 (On -Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. The restaurant operates under an existing Specialty Food Permit which allows a maximum 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. There are no changes proposed to the hours of operation or the maximum number of seats. This item was continued by the Planning Commission at the request of the applicant from the August 11, 2014, meeting to the August 21, 2014, meeting. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Principal Planner Jim Campbell gave a presentation summarizing the applicants' requests and the basis for the appeal. 10 -3 City Council Staff Report September 9, 2014 Page 2 On the basis that the business hours are no later than 9 p.m., the Planning Commission approved the application with conditions prohibiting outdoor alcohol service and beer kegs /pitchers (6 ayes, 1 excused). AYES: Brown, Hillgren, Koetting, Lawler, Myers, and Tucker NOES: None ABSENT: Kramer ABSTAIN: None ITEM NO. 3 A -FRAME SIGN REGULATIONS (PA2014 -054) Site Location: City -wide SUMMARY: An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow A -frame signs on private property in commercial zoning districts. CEQA COMPLIANCE: The code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). Patrick Alford, Planning Program Manager, provided an overview of the amendment. The Planning Commission voted to recommend to the City Council approval of the amendment for commercial areas in Corona del Mar (6 ayes, 1 excused). AYES: Brown, Hillgren, Koetting, Lawler, Myers, and Tucker NOES: None ABSENT: Kramer ABSTAIN: None STUDY SESSION ITEMS: ITEM NO. 4 NONCONFORMING STRUCTURES CODE REVIEW (PA2014 -083) Site Location: City -wide SUMMARY: City Council initiated a Zoning Code amendment and directed staff to review the City's Zoning Code as it relates to additions to nonconforming structures, specifically where the total allowable additional floor area may be limited due to the size of a smaller existing structure. CEQA COMPLIANCE: This item is covered by the general rule that CEQA applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). Assistant Planner Ben Zdeba gave a presentation summarizing the background and potential amendment options. The Planning Commission requested a hearing be scheduled for October and options be presented for their consideration. 10 -8 City Council Staff Report September 9, 2014 Page 3 ITEM NO. 5 BALBOA VILLAGE PARKING MANAGEMENT (PA2014 -016) Site Location: Area west of Balboa Village between 7th Street and Adams Street SUMMARY: Creation of a Parking Management District for Balboa Village and the establishment of an overnight Resident Preferential Parking Program (RP3) for the area west of Balboa Village between 7th Street and Adams Street. CEQA COMPLIANCE: Staff believes this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it does not authorize development that would result in physical change to the environment, directly or indirectly. Principal Planner James Campbell gave a presentation summarizing the Balboa Village Parking Management Program. The Planning Commission directed staff to schedule a public hearing on September 4, 2014 and present draft language to amend the Balboa Village parking regulations. 10 -9 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 21, 2014 REGULAR MEETING — 6:30 p.m. 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 AUGUST 11, 2014 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 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014 -058) Site Location: 3014 Balboa Boulevard Summary: An appeal by Council Member Mike Henn of the Zoning Administrator's June 12, 2014, decision to approve Minor Use Permit No. UP2014 -013. The Minor Use Permit would allow the addition of a Type 41 (On -Sale General, Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) License to an existing food service, eating and drinking establishment. The restaurant operates under an existing Specialty Food Permit which allows a maximum 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. There are no changes proposed to the hours of operation or the maximum number of seats. This item was continued by the Planning Commission at the request of the applicant from the August 11, 2014, meeting to the August 21, 2014, meeting. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. 1 of 3 10 -4 Recommended Action: Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by: 1. Adopting the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013 -023; or 2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision. ITEM NO.3 A -FRAME SIGN REGULATIONS (PA2014 -054) Site Location: City -wide Summary: An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to allow A -frame signs on private property in commercial zoning districts. CEQA Compliance: The code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the commercial properties involved have an average slope of less than 20 percent; and the and proposed amendment would not result in any changes in land use or density. This code amendment is also categorically exempt under Section 15311 of the CEQA Guidelines — Class 11 (Accessory Structures), which exempts the construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including on- premise signs. Recommended Action: 1. Conduct a public hearing; and 2. Adopt the attached resolution recommending City Council adoption of Code Amendment No. CA2014 -005 establishing A -Frame sign regulations. VIII. STUDY SESSION ITEMS ITEM NO. 4 NONCONFORMING STRUCTURES CODE REVIEW (PA2014 -083) Site Location: City -wide Summary: City Council initiated a Zoning Code amendment and directed staff to review the City's Zoning Code as it relates to additions to nonconforming structures, specifically where the total allowable additional floor area may be limited due to the size of a smaller existing structure. CEQA Compliance: This item is covered by the general rule that CEQA applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). Recommended Action: 1. Review the proposed materials and provide feedback to staff. 2. Direct staff to schedule a public hearing for a future date. 2 of 3 10 -5 lK4 X. ITEM NO. 5 BALBOA VILLAGE PARKING MANAGEMENT (PA2014 -016) Site Location: Area west of Balboa Village between 7" Street and Adams Street Summary: Creation of a Parking Management District for Balboa Village and the establishment of an overnight Resident Preferential Parking Program (RP3) for the area west of Balboa Village between 7th Street and Adams Street. CEQA Compliance: Staff believes this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it does not authorize development that would result in physical change to the environment, directly or indirectly. The creation of parking programs and the modification of parking restrictions, parking rates, and how parking revenue is managed and used will not result in a direct physical change to the existing built environment. The project will affect the behavior motorists and the location of where they park but will not lead to physical changes to the environment. Existing parking resources will be used more efficiently over time and may avoid or postpone the need to construct additional parking lots or parking structures. To the extent that a physical change to the environment could indirectly result due to a change in required parking rates, staff believes this project is within the scope of the previously certified Environmental Impact Report prepared for the 2006 General Plan Update (SCH No. 2006011119). The project does not directly change or modify the intensity of use of any property or the maximum allowed development of any affected lots, and therefore, any potential indirect physical change resulting from this project would be within the scope of development currently allowed, and limited, by the General Plan. Recommended Action: 1. Review the proposed materials and provide feedback to staff. 2. Direct staff to schedule a public hearing for September 4, 2014. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan /Local Coastal Program Implementation Committee 2. Update on City Council Items 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 3 of 3 I