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HomeMy WebLinkAbout20 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 - 644 -3228; dlepo @city.newport- beach.ca.us SUBJECT: Planning Commission Agenda for June 4, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated May 21, 2009 Summary: Approved as amended and ordered filed. (All Ayes) Item No. 2 AERIE Condominiums (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar at the corner of the intersection of Ocean Blvd. & Carnation Ave. Summary: The demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 6- level, 8 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two- family residential to multi - family residential). The application includes a tentative tract map for the creation of eight (8) condominium units for individual sale. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks and above grade encroachments of portions of the proposed building, including protective guardrails into the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacement of demolished apartments occupied by low or moderate income households. No units meeting these criteria are known to exist, and therefore, no replacement of affordable housing units is required. A Draft Environmental Impact Report (DEIR) (SCH #2007021054) has been prepared by the City of Newport Beach in connection with the application. The DEIR concludes that the proposed project may have a significant effect on the environment on Air Quality, Land Use, Noise, Traffic/Circulation, Aesthetics, Drainage and Hydrology, Public Health and Safety, Cultural Resources, Soils and Geology, and Biological Resources. The Commission received an update from staff and presentations by the project architect and geologist. Discussion and questions from the Commission centered on the proposed docks, bluff face stability and preservation, and pluses and Page 2 minuses of Project Alternative A (8 -units with reduced grading). The Chairman requested that the public avoid repeating previous comments, so there were only three speakers Two members of the public spoke in opposition to the project and one spoke in support This item was recommended for approval (6 Ayes, 1 No) ITEM NO. 3 Preliminary Fiscal Year 2009 -2010 Capital Improvement Program SUMMARY: The annual review of the Preliminary Fiscal Year 2009 -2010 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works projects. The Commission found that the projects of the CIP were consistent with the policies of the General Plan and Coastal Land Use Plan (All Ayes). ITEM NO. 4 General Plan Land Use Element Figure (Map) Corrections SUMMARY: Planning Commission affirmation of several corrections to the General Plan Land Use Element Figures (Maps) pursuant to City Council Resolution No. 2006 -76. The Commission affirmed that the corrections to the General Plan were made pursuant to Section 8 of City Council Resolution No. 2006 -76 (All Ayes). ITEM No. 5 Status Report of Panini Cafe (PA2007 -063) 1501 E. 16th Street SUMMARY: Condition No. 42 of the Planning Commission Resolution No. 1759 requires a noticed twelve -month review by the Planning Commission, from the date of commencement of the restaurant operation. To date, the use permit had not yet been exercised and, therefore, a noticed review is not necessary. The applicant will have one additional year (two years from original approval) to exercise his rights under the use permit. This item was received and filed. Prepared and submitted by. � s Dav i Lepo, Plannin erector Planning shared\Ptanning Co nissionQ009-06 -04 PCagenda rpt doc Agenda Item No. 20 June 9, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, June 4, 2009 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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 3 minutes. Before speaking, please state your name for the record and print your name on the tablet provided at the podium. REQUEST FOR CONTINUANCES: ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three minutes are up; yellow light signifies that the speaker has one minute left for summation.) Please print only your name on the pad that is provided at the podium. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning Department located at 3300 Newport Blvd., during normal business hours. ITEM NO. 1 Minutes of May 21, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 AERIE Condominiums (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar at the corner of the intersection of Ocean Blvd. & Carnation Ave. SUMMARY: The demolition of an existing 14 -unit apartment building and a single- family home and the construction of a 6- level, 8 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located baywa-d of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be Changed to be consistent with the larger portion of the site (from two- family residential to multi - family residential). The application includes a tentative tract map for the creation of eight (8) condominium units for individual sale. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks and above grade encroachments of portions of the proposed building, including protective guardrails into the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacement of demolished apartments occupied by low or moderate income households. No units meeting these criteria are known to exist, and therefore, no replacement of affordable housing units is required. A Draft Environmental Impact Report (DEIR) (SCH #2007021054) has been prepared by the City of Newport Beach in connection with the application. The DEIR concludes that the proposed project may have a significant effect on the environment on Air Quality, Land Use, Noise, TrafficlCirculation, Aesthetics, Drainage and Hydrology, Public Health and Safety, Cultural Resources, Soils and Geology, and Biological Resources. ACTION: 1) Conduct public hearing; and 2) Consider the draft Environmental Impact Report (DEIR), comments and responses to comments; and 3) Adopt the attached draft resolution recommending City Council certification of the DEIR and approval of the project. CEQA COMPLIANCE: All other environmental effects were determined to be less than significant or have no impact and were also addressed in the DEIR. The DEIR has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). NON - HEARING ITEMS ITEM NO. 3 Preliminary Fiscal Year 2009 -2010 Capital Improvement Program SUMMARY: The annual review of the Preliminary Year 2009 -2010 Capital Improvement Program to. determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works projects. CEQA COMPLIANCE: None required. ACTION: Conduct a review of the Preliminary Fiscal Year 2009 -2010 Capital Improvement Program (CIP), make recommendations as necessary, and report to the City Council that the projects of the CIP are consistent with the policies of the General Plan and Coastal Land Use Plan. ITEM NO. 4 SUMMARY: General Plan Land Use Element Figure (Map) Corrections Planning Commission affirmation of several corrections to the General Plan Land Use Element Figures (Maps) pursuant to City Council Resolution No. 2006 -76. ACTION: 1) Review the proposed corrections; and CECIA COMPLIANCE: ITEM NO. 5 ITEM NO. 6 ITEM NO. 7 ITEM NO. 8 ITEM No. 9 ADJOURNMENT 2) Adopt Resolution (Exhibit 1) affirming that the corrections to the General Plan were made pursuant to Section 8 of City Council Resolution No. 2006- 76. The General Plan EIR covers the identified corrections. The Environmental Impact Report is available for review at the Planning Department. Status Report of Panini Cafes (PA2007 -063) , ADDITIONAL BUSINESS City Council Follow -up. Planning Commission reports. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. Request for excused absences.