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Home My WebLink About13 - Planning Commission Agenda and Action Report for March 19, 2015(9) TO: Ia tie] �TAAI CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: TITLE: March 24, 2015 Agenda Item No. 13 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Community Development Department Kimberly Brandt, AICP, Director 949 - 644- 3226,kbrandta- newportbeachca.00v Brenda Wisneski, Deputy Director Community Development 949- 644 -3297; bwisneski(o)newportbeachca.pov Planning Commission Agenda Report for March 19, 2015 ITEM NO. 1 MINUTES OF MARCH 5, 2015 The minutes were amended and approved. AYES: Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: Brown ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 INGRAM VARIANCE (PA2014 -131) 2723 Ocean Boulevard SUMMARY: A variance application for an addition and remodel of an existing single - family residence allowing: 1) a new, two -car garage to encroach 10 -feet into a required 10 -foot rear setback along Way Lane; 2) an addition to encroach 10 -feet into the required 10 -foot front setback along Ocean Boulevard; and 3) an addition and a new deck/guardrail at the rear of the residence to exceed the 24 -foot height limit to grade by approximately 19 feet. Construction will not exceed the top of curb height from Ocean Boulevard. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 and Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). Associate Planner Fern Nueno provided a presentation and recommended removal of driveway access on Ocean Boulevard and the front yard encroachment on the basis that a 3 -car garage could be constructed on Way Lane. City Council Staff Report March 24, 2015 Page 2 The Planning Commission approved the project as proposed by the applicant. AYES: Hillgren, Koetting, Lawler, and Myers NOES: Kramer and Tucker ABSENT: Brown ABSTAIN: None ITEM NO. 3 UPTOWN NEWPORT DEVELOPMENT AGREEMENT AMENDMENT (PA2015- 015) 4311 & 4321 Jamboree Road, North side of Jamboree Road, between MacArthur Boulevard and Birch Street SUMMARY: Uptown Newport requests an amendment of the Uptown Newport Development Agreement (DA) to modify Section 3.1 to change the payment of public benefit fees to the City from the issuance of building permits to the issuance of certificates of occupancy; and modify Section 3.2.1 to change the payment of fees in -lieu of parkland dedication for all units at the issuance of the first building permit for any unit to the issuance of building permits on a per unit basis. CEQA COMPLIANCE: All significant environmental concerns for the proposed project have been addressed in the previously certfed Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094). Chair Tucker stated that a staff report was not needed and clarified that, in reviewing DAs, the Planning Commission's role was to consider project related improvements. The proposed amendment would modify the term of development fees, which are within the purview of the City Council. The Planning Commission voted to forward the amendment to the City Council with a request that the Council consider different incentives in exchange for amendment. AYES: Hillgren, Koetting, and Myers NOES: Kramer, Tucker ABSENT: Brown ABSTAIN: Lawler NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MARCH 19, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER Agenda Item No.13 March 24, 2015 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 MARCH 5, 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 INGRAM VARIANCE (PA2014 -131) 2723 Ocean Boulevard Summary: A variance application for an addition and remodel of an existing single - family residence allowing: 1) a new, two -car garage to encroach 10 -feet into a required 10 -foot rear setback along Way Lane; 2) an addition to encroach 10 -feet into the required 10 -foot front setback along Ocean Boulevard; and 3) an addition and a new deck/guardrail at the rear of the residence to exceed the 24 -foot height limit to grade by approximately 19 feet. Construction will not exceed the top of curb height from Ocean Boulevard. CEQA Compliance: The project is categorically exempt under Section 15301 and Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. _ approving Variance No. VA2014 -005 as modified. 1 of 3 ITEM NO.3 UPTOWN NEWPORT DEVELOPMENT AGREEMENT AMENDMENT (PA2015 -015) 4311 & 4321 Jamboree Road, north side of Jamboree Road, between MacArthur Boulevard and Birch Street Summary: Uptown Newport requests an amendment of the Uptown Newport Development Agreement (DA) to modify Section 3.1 to change the payment of public benefit fees to the City from the issuance of building permits to the issuance of certificates of occupancy; and modify Section 3.2.1 to change the payment of fees in -lieu of parkland dedication for all units at the issuance of the first building permit for any unit to the issuance of building permits on a per unit basis. CEQA Compliance: All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094), and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative 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 at www.newportbeachca.gov/cegadocuments. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. _ approving First Amendment to Development Agreement No. DA2012 -003. VIII. NEW BUSINESS ITEM NO. 4 HEIGHT OVERLAY DISTRICT ZONING CODE AMENDMENT FOR WEST NEWPORT MESA (PA2015 -047) West Newport Mesa Summary: Discussion of a Zoning Code Amendment to allow increased residential building height in the Multiple Residential (RIM) Zoning District within Statistical Area A2 in West Newport Mesa in conjunction with the provision of enhanced project design and amenities. CEQA Compliance: No action will be taken by the Commission on this discussion item; therefore, this review is not subject to the California Environmental Quality Act. Recommended Action: 1. Discuss the proposed Code Amendment and provide direction to staff. 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 2 of 3 X. 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 ADJOURNMENT 3 of 3