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Home My WebLink About14 - Planning Commission Agenda - 11-16-2006CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 November 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple 949 - 644 -3225; ptemple @city.newport- beach.ca.us SUBJECT: Planning Commission Agenda for November 16, 2006 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of November 2,1 2006 were approved as corrected. (All Ayes) Item 2. Newport Beach Brewing Company (Use Permit No. 3485) 2920 Newport Boulevard The Newport Beach Brewing Company has operated a restaurantlbrewpub pursuant to Use Permit No. 3485 since 1994. This permit was issued by the City in 1993 and it was subsequently amended in 1999. City has received several complaints related to the operation of the use and the Planning Commission will evaluate the complaints, the operational character of the use and the conditions under which the use operates. At the conclusion of the hearing, the Commission may require alteration of the operation or it may delete or modify conditions of approval. The Commission also may conclude that no changes are necessary and revocation of the Use Permit is not being considered at this time. This item was continued to the Planning Commission meeting of December 7, 2006. (All Ayes) Item 3: Newport Bay Marina (PA2001 -210) 2300 Newport Boulevard Site Plan Review, Use Permit, Modification Permit and Vesting Tentative Tract Map to allow the construction of a mixed -use development on a 2.4 acre site located north of the intersection of Newport Boulevard and Balboa Boulevard. The project consists of the demolition of all structures on site and the construction of approximately 36,000 square feet of commercial uses and 27 dwelling units (condominiums). Eleven three- Planning Commission Agenda for November 16, 2006 Page 2 story buildings are planned to be built over a subterranean parking garage. The reconstruction /reconfiguration of the existing bulkhead, boatways and docks is also planned. The Site Plan Review application would authorize the entire project and the Vesting Tentative Tract map would permit a subdivision map to allow for the residential units to be individually sold. The Use Permit would establish a building height limit of up to 35 feet and the Modification Permit would allow portions of the proposed buildings to encroach within the 5 -foot front yard setback. Finally, consideration of a Draft Environmental Impact Report (SCH# 2003071144) including mitigation measures. Since the last hearing, the applicant made several changes to the project in response to the concerns expressed previously by the Planning Commission. These changes were: ➢ All structures have been relocated outside of the front yard (Newport Blvd).setback. ➢ All residential uses were eliminated from the main (deck) level. ➢ The structures on the bay side of the property were consolidated to increase the separation at the westerly ( Woodie's Wharf) property line. ➢ An additional loading space was added in west portion of the project. Additional parking spaces were added to both the subterranean parking structure and the parking deck. Additional changes were made in response to the concerns of neighboring property owners: ➢ An 8 foot fence with an additional clear sound attenuation screen (12 feet total) was added between the project and Woodie's Wharf. ➢ The residential use was removed from all building levels at the westerly property line and replaced with commerial /office use. ➢ All openings were eliminated from the westerly elevation of the most westerly building (Building K), which overlooks the Woodie's Wharf building. The discussion of the Planning Commission focused on the following areas of concern: ➢ The width of the view corridor, especially on the bay side of the property. ➢ The timing of preparation of the detailed Construction Management and the Parking Management Plans. Planning! sharedlPlanning CommissionVpcagendarpt.doc Planning Commission Agenda for November 16, 2006 Page 3 ➢ The level at which the CMP and PMP should be reviewed and ultimately approved. ➢ The staging of construction vehicles in the The Arcade The appropriate widths of the public accessways, particularly on the bayfront. ➢ Whether safe pedestrian circulation across the bridge over the slipway could be provided. ➢ The ways to achieve natural lighting in the subterranean parking structure. Further changes to the project required by the Planning Commission were: The fence between the property and Woodie's Wharf is to step down from 12 feet to a lower height as it approaches Newport Blvd. ➢ The Construction Management Plan is to be reviewed and approved by the Planning Commission prior to the issuance of building permits. ;The Parking Management Plan is to be reviewed and approved by the City Traffic Engineer and the Planning Director after notice to the surrounding properties. This approval is appealable to the Planning Commission. ➢ A full height sound attenuation screen is to be installed on the third floor balconies of the residences overlooking the Crab Cooker property. ➢ The view corridor is to be widened on the bay side of the property by 4 feet by reducing the width of the two walkways between the buildings from 8 feet to 6 feet. ➢ The public accesway on the bayfront is to be designed so as to be 8 feet clear walking width, with two feet of landscape area. ➢ The bridge connecting the two "deck" parking areas is to be widened to include a pedestrian walkway 6 feet in width. ➢ Light wells are to be added in the parking structures in areas where feasible so as not to reduce the amount of deck parking or affect on -site circulation. With these changes the item was approved, with the approving Resolution to be brought back for a final review of the conditions and adoption at the next Planning Commission meeting on December 7"` (6 Ayes, 1 No) The appeal period for this item will end on December 21, 2006. Item 4: Thirty First Street, LLC (PA2006 -031) 407, 409, 411 & 413 31st Street A Use Permit to establish a height limit of 31 -feet, exceeding the base height limit of 26 -feet, for the construction of four mixed -use buildings and approval Planning: sharedhPlanning commission\pcagendarpt.doc Planning Commission Agenda for November 16, 2006 Page 4 of a commercial floor area ratio (FAR) less than the minimum 0.25 FAR required for mixed use development projects. In addition, the applicant is requesting the approval of a modification permit to allow parking spaces to encroach within the front and rear setbacks and a lot line adjustment to adjust the interior property lines of four lots into four equally sized parcels. This item was continued to the Planning Commission meeting of December 7, 2006. (All Ayes) Item 5: Hoag Healthcare Center 500 -540 Superior Ave. A Use Permit to allow the conversion of 97,000 square feet of research and development (R &D) /general office use to medical office use. The project includes the demolition of one of the existing buildings and the construction of an additional parking structure that exceeds the maximum building bulk limitation for the site. Additionally, approval of a traffic steady is being requested . pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). This item was continued to the Planning Commission meeting of December 7, 2006. (All Ayes) Item 6: Code Amendment 2006 -007 Day Care Regulations The adoption of land use regulations to distinguish day care centers for children and those for adults and establish spacing, concentration, and operational standards. This item was previously considered by the Planning Commission on October 19, 2006. The item was continued to allow staff to further analyze concerns related to employee parking and drop - off /pick -up locations for such facilities. In response to these concerns, a revised amendment was suggested which included a parking requirement for each regulated facility of 2 off - street parking spaces in addition to those provided for the residence. This parking is allowed on the driveway, of the residence. Additionally, a drop - off /pick -up area must be identified and approved by the City Traffic Engineer. The Planning Commission received testimony indicating that one issued related to these facilities had not.yet been addressed. That is, the night lighting of outdoor play areas associated with the day care facilities. The Planning: shared%Planning CommissioMiacagendarpt.doc Planning Commission Agenda for November 16, 2006 Page 5 Planning Commission concurred with the testimony that this is an item that should be addressed, if allowed by State Law. The Planning Commission recommended this item for approval to the City Council, with the direction to staff that the issue of outdoor lighting be researched and added to the regulations if appropriate. It is expected that this item will be heard at the City Council meeting of January 9, 2007. (All Ayes) Prepared by: atricia L. Tefnpig- Planning Department Planning: sharedTianning Commission\pcagendarpLdoc Submitted by: David Lepo Planning Director