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Home My WebLink About15 - Planning Commission Agenda and Action Report for May 21, 20154 �EVVPORr P q< /PORN TO: Ia:is] Ly, F CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: TITLE: May 26, 2015 Agenda Item No. 15 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kb ran dt(a)newportbeachca.gov Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(cDnewportbeachca.gov Planning Commission Agenda Report for May 21, 2015 ITEM NO. 1 MINUTES OF APRIL 23, 2015 The minutes were amended and approved AYES: Brown, Hillgren, Kramer, Lawler, and Tucker NOES: None ABSENT: None ABSTAIN: Koetting, Myers PUBLIC HEARING ITEMS: ITEM NO. 2 1617 WESTCLIFF DRIVE USE PERMIT (PA2015 -078) 1617 Westcliff Drive SUMMARY: Amend previously approved Use Permit (UP2014 -157) to modify the operational characteristics and floor plan from a daytime to an evening restaurant concept. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 Existing Facilities, of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 in that the project is an amendment to a use permit to extend the operating hours of an existing restaurant. Deputy Director Brenda Wisneski gave a presentation summarizing the applicants' request. The Planning Commission voted to approve the amendment (5 ayes, 2 noes). AYES: Brown, Hillgren, Kramer, Lawler, and Myers NOES: Koetting, and Tucker ABSENT: None ABSTAIN: None City Council Staff Report May 26, 2015 Page 2 ITEM NO. 3 THE RITZ CONDITIONAL USE PERMIT (PA2015 -033) 2801 West Coast Highway SUMMARY: An amendment to Use Permit No. UP2051 and Outdoor Dining Permit No. OD68 to accommodate a new restaurant tenant, The Ritz, a food service restaurant with late hours, a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. Use Permit No. UP2051 authorized the construction of the existing office building and restaurant, which exceeds the basic height limit of 26 feet and exceeds the maximum allowed 0.5 FAR of the site (22,400 square feet or 0.81 FAR). Outdoor Dining Permit No. OD68 authorized the construction of an accessory outdoor dining patio. 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 Makana Nova gave a presentation summarizing the applicants' request. The Planning Commission voted to approve the amendment (7 ayes). AYES: Brown, Hillgren, Koetting. Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None ITEM NO. 4 ZONING CODE AMENDMENT FOR REAL ESTATE SIGNS (PA2015 -086) Citywide SUMMARY: Amendment to Zoning Code Section 20.42.090 to modify regulations pertaining to real estate signs. CEQA COMPLIANCE: No action will be taken regarding this item. Therefore, it is not considered a project per the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. The item was tabled. CURRENT BUSINESS: ITEM NO. 5 GENERAL PLAN LAND USE ELEMENT CORRECTION — NEWPORT COAST (PA2006 -159) Citywide SUMMARY: During the 2014 Land Use Element Amendment project, staff identified an error in Land Use Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to accurately account for all the allowed development capacity in Anomaly No. 60. Anomaly No. 60 is located in Newport Coast and identifies the allowed number of hotel rooms and related floor area development capacity. This recommended correction will resolve the error of fact and will make the general plan development capacity consistent with the Newport Coast Local Coastal Program and the terms of the Newport Coast Annexation and Development Agreement. City Council Staff Report May 26, 2015 Page 3 CEQA COMPLIANCE: This correction of a factual error is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. The item was continued to a future meeting AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: None ABSTAIN: None ITEM NO. 6 CAPITAL IMPROVEMENT PROGRAM OVERVIEW Citywide SUMMARY: Update on current and upcoming Capital Improvement Projects. CEQA COMPLIANCE: This is an informational item only and is not considered a project per the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. City Traffic Engineer Tony Brine provided an overview of the proposed CIP, as previously requested by the Planning Commission. NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MAY 21, 2015 REGULAR MEETING — 6:30 p.m. CALL TO ORDER May 26, 2015 Agenda Item No. 15 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 23, 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 1617 WESTCLIFF DRIVE USE PERMIT (PA2015 -078) 1617 Westcliff Drive Summary: Amend previously approved Use Permit (UP2014 -157) to modify the operational characteristics and floor plan from a daytime to an evening restaurant concept. CEQA Compliance: The project is categorically exempt under Section 15301 Existing Facilities, of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 in that the project is an amendment to a use permit to extend the operating hours of an existing restaurant. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. _ approving Conditional Use Permit No. UP2015 -019. 1 of 3 ITEM NO. 3 THE RITZ CONDITIONAL USE PERMIT (PA2015 -033) 2801 West Coast Highway Summary: An amendment to Use Permit No. UP2051 and Outdoor Dining Permit No. OD68 to accommodate a new restaurant tenant, The Ritz, a food service restaurant with late hours, a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage Control (ABC) license, and an outdoor dining patio. Use Permit No. UP2051 authorized the construction of the existing office building and restaurant, which exceeds the basic height limit of 26 feet and exceeds the maximum allowed 0.5 FAR of the site (22,400 square feet or 0.81 FAR). Outdoor Dining Permit No. OD68 authorized the construction of an accessory outdoor dining patio. 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 -008 to allow extended outdoor dining hours on Saturdays and live entertainment inside the establishment and denying the request for a larger awning structure on the outdoor dining patio. ITEM NO. 4 ZONING CODE AMENDMENT FOR REAL ESTATE SIGNS (PA2015 -078) Citywide Summary: Amendment to Zoning Code Section 20.42.090 to modify regulations pertaining to real estate signs. CEQA Compliance: No action will be taken regarding this item. Therefore, it is not considered a project per the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. Recommended Action: 1. The item is to be tabled and will be re- noticed for consideration at a future meeting. VIII. CURRENT BUSINESS ITEM NO. 5 GENERAL PLAN LAND USE ELEMENT CORRECTION — NEWPORT COAST (PA2006 -159) Citywide Summary: During the 2014 Land Use Element Amendment project, staff identified an error in Land Use Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to accurately account for all the allowed development capacity in Anomaly No. 60. Anomaly No. 60 is located in Newport Coast and identifies the allowed number of hotel rooms and related floor area development capacity. This recommended correction will resolve the error of fact and will make the general plan development capacity consistent with the Newport Coast Local Coastal Program and the terms of the Newport Coast Annexation and Development Agreement. CEQA Compliance: This correction of a factual error is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 2 of 3 Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. affirming that the proposed correction to the Land Use Element related to Anomaly No. 60 located in Newport Coast is accurate and consistent with Section 8 of City Council Resolution No. 2006 -76, adopting the City of Newport Beach 2006 General Plan. ITEM NO. 6 CAPITAL IMPROVEMENT PROGRAM OVERVIEW Citywide Summary: Update on current and upcoming Capital Improvement Projects. CEQA Compliance: This is an informational item only and is not considered a project per the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(1) in that the activity will not involve the exercise of discretionary powers. Recommended Action: 1. Receive presentation on the Capital Improvement Program. No formal action will be taken. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 7 MOTION FOR RECONSIDERATION ITEM NO. 8 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan /Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO.9 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 10 REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT 3of3