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Home My WebLink About0.0 - Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, MARCH 5, 2015 REGULAR MEETING —6:30 p.m. LARRYTUCKER Chair KORY KRAMER JAY MYERS Vice Chair Secretary TIM BROWN BRADLEY HILLGREN PETER KOETTING RAYMOND LAWLER 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: KIMBERLY BRANDT, Community Development Director BRENDA WISNESKI, Deputy Community Development Director MICHAEL TORRES, Assistant City Attorney TONY BRINE, City Traffic Engineer JENNIFER BIDDLE, Administrative Support Specialist 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. The agendas, minutes, and staff reports are available on the City's web site at: http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at(949) 644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission's agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded. 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 of 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 Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or Ibrown@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following 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 following 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. 1 of 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, MARCH 5, 2015 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. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF FEBRUARY 19, 2015 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 SESSIONS SANDWICHES ABC LICENSE (PA2014-153) 2823 Newport Boulevard Summary: On February 19, 2015, the Planning Commission continued the public hearing to March 5, 2015, and directed staff to prepare a resolution approving a request to amend Minor Use Permit No. UP2013- 012 to add a Type 41 Alcohol Beverage Control License (On-Sale Beer and Wine for Bona Fide Public Eating Place) to an existing food service, eating and drinking establishment (Sessions Sandwiches). The Planning Commission also directed the resolution incorporate the revisions to the conditions of approval that were discussed during the February 19, 2015, public hearing. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines —Class 1 (Existing Facilities). Recommended Action: 1. Adopt Resolution No._approving Minor Use Permit No. UP2014-050. ITEM NO. 3 PETERSON SETBACK DETERMINATION (PA2014-195) 706 Park Avenue Summary: A request for alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. Specifically, the proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue 2 of 4 from 10 feet to 4 feet. The applicant would maintain the required 4-foot side setback areas abutting 200/202 Ruby Avenue and the alley. CEQA Compliance: The project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. _approving Staff Approval No. SA2014-028. ITEM NO. 4 HONOR COFFEE CUP (PA2015-002) 3400 Via Lido, Suite B Summary: A conditional use permit to remodel an existing eating and drinking facility to accommodate a new tenant, Honor Coffee. Conditional use permit approval is necessary to reduce the required parking spaces because the subject property does not provide on-site parking. No alcohol service or late hours (after 11:00 p.m.) are proposed as part of this application. Conditional Use Permit No. UP2001-005, modified (PA2002-167)will be rescinded if the application request is granted. 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: 1. Conduct public hearing; and 2. Adopt Resolution No. _approving Conditional Use Permit No. UP2015-001. ITEM NO. 5 APPEAL AND CALL FOR REVIEW PROCEDURES CODE AMENDMENT (PA2015-029) Citywide Summary: An amendment to Title 20 (Zoning Code)of the Newport Beach Municipal Code that would clarify the appeals and call for review procedures for City Council Members and Planning Commissioners. CEQA Compliance: The Code amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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 has no potential to have a significant effect on the environment. Recommended Action: 1. Conduct public hearing; and 2. Adopt the attached resolution recommending City Council adoption of Code Amendment No. CA2015-001 amending the appeal and call for review procedures in Title 20. VIII. CURRENT BUSINESS 3 of 4 ITEM NO. 6 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT(PA2007-195) Citywide Summary: Review of the progress in implementing the General Plan and Housing Element in accordance with Government Code Section 65400 CEQA Compliance: The General Plan Status Report, including the Housing Element Report, is not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code. Recommended Action: 1. Review and comment; and 2. Forward to City Council for review and authorize submittal to the Office of Planning and Research (OPR)and the State Department of Housing and Community Development(HCD). IX. NEW BUSINESS ITEM NO. 7 MARINERS' MILE PLANNING CHARRETTE REPORT Citywide Summary: From October 17 to 21, 2014, on behalf of the City, the Congress for the New Urbanism California Chapter conducted their Annual Charrette focusing on Mariners' Mile. The five-day planning and design charrette tested new ideas to improve the corridor. With public participation and local knowledge, the design teams identified design techniques focusing on improving vehicular flow, the pedestrian experience, and bicycle access. CEQA Compliance: The recommended action is not subject to CEQA, as the action is not a project as defined in Section 15378(b)(2)of the Public Resources Code. Recommended Action: 1. Review the draft memo, modify as needed, and direct staff to forward memo to the City Council for their consideration. X. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION ITEM NO.9 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 10 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES XI. ADJOURNMENT 4of4