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Home My WebLink About09 - Planning Commission Agenda and Action Report for April 23, 2015(9) 111631 FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: Ilii1111:l April 28, 2015 Agenda Item No. 9 :[U�[�7:7_17�= ELI_ \Ya]:L1�1 �7LI � LI 7 �:�Ya731Jx�'LKi1�P►[yI� Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kbrandt(d).newportbeachca.cov Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(a2)newportbeachca.gov Planning Commission Agenda Report for April 23, 2015 ITEM NO. 1 MINUTES OF APRIL 9, 2015 The minutes were amended and approved. AYES: NOES: ABSENT: ABSTAIN: PUBLIC HEARING ITEMS: Brown, Hillgren, Kramer, and Tucker None Koetting, Myers Lawler ITEM NO. 2 NEWPORT DOWNTOWNER USE PERMIT (PA2015 -005) Site Location: 3456 Via Oporto SUMMARY: A conditional use permit to establish a transportation service as an accessory use to the Elks Lodge located at 3456 Via Oporto and allow for the joint use of on -site parking facilities. The applicant proposes to use three of the eight designated employee parking spaces. The proposed hours of operation are between 11:00 a.m. and 11:00 p.m., daily. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Assistant Planner Benjamin Zdeba gave a presentation summarizing the applicants' request. The item was approved, as proposed. AYES: Brown, Hillgren, Kramer, Lawler, and Tucker NOES: None ABSENT: Koetting, Myers ABSTAIN: None City Council Staff Report Page 2 ITEM NO. 3 DREWRY DECK VARIANCE (PA2015 -040) NOES: Site Location: 917 West Bay Avenue SUMMARY: A request for approval of Variance to allow a new second -story cantilevered deck to ABSTAIN: encroach 2 feet into the required 10 -foot front setback along West Bay Avenue. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Senior Planner Gregg Ramirez gave a presentation summarizing the applicant's request and recommended denial because the project did not meet the required findings. The Planning Commission denied the project. AYES: Brown, Hillgren, Lawler, and Tucker NOES: Kramer ABSENT: Koetting, Myers ABSTAIN: None ITEM NO. 4 MINOR AMENDMENTS TO NEWPORT BEACH ZONING CODE (PA2015 -056) Site Location: Citywide SUMMARY: Minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. The amendments are located within Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle /Equipment Sales in the Commercial General (CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, establish building setbacks from bulkhead lines, and clarify allowable building encroachments.) 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 Limitation) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. Planning Manager Patrick Alford summarized the Code amendment. The Planning Commission recommended the amendment be considered and approved by the City Council. AYES: Brown, Hillgren, Kramer, Lawler, and Tucker NOES: None ABSENT: Koetting, Myers ABSTAIN: None CONTINUED BUSIN ITEM NO. 5 LOCAL COASTL PROGRAM IMPLEMENTATION PLAN (PA2013 -001) Site Location: Citywide SUMMARY: Discuss the Local Coastal Program Implementation Plan 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 City Council Staff Report Page 3 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)). This was only a discussion item to inform the Commissioners on the status of the IP process and collaboration with the California Coastal Commission staff. Submitted by: n la Wisnes6 i, rlCP, Deputy Director NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, APRIL 23, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER April 28, 2015 Agenda Item No. 9 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 APRIL 9, 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 NEWPORT DOWNTOWNER USE PERMIT (PA2015 -005) 3456 Via Oporto Summary: A conditional use permit to establish a transportation service as an accessory use to the Elks Lodge located at 3456 Via Oporto and allow for the joint use of on -site parking facilities. The applicant proposes to use three of the eight designated employee parking spaces. The proposed hours of operation are between 11:00 a.m. and 11:00 p.m., daily. 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 a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2015 -003. ITEM NO. 3 DREWRY DECK VARIANCE (PA2015 -040) 917 West Bay Avenue 1 of 3 VIII. Summary: A request for approval of Variance to allow a new second -story cantilevered deck to encroach 2 feet into the required 10 -foot front setback along West Bay Avenue. 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 a public hearing; and 2. Adopt Resolution No. denying Variance No. VA2013 -002. ITEM NO.4 MINOR AMENDMENTS TO NEWPORT BEACH ZONING CODE (PA2015 -056) Citywide Summary: Minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. The amendments are located within Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle /Equipment Sales in the Commercial General (CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, establish building setbacks from bulkhead lines, and clarify allowable building encroachments.) 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 Limitation) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _ recommending City Council approval of Code Amendment No.CA2015 -005. ITEM NO. 5 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013 -001) Citywide Summary: Discuss the Local Coastal Program Implementation Plan. 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. No formal action will be taken. Review and discuss the proposed Implementation Plan. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION 2 of 3 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