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HomeMy WebLinkAbout11 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 October 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 -644 -3228: dlepo @newportbeachca.gov SUBJECT: Planning Commission Agenda for October 22, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated October 8, 2009 Summary: Approved as corrected (6 Ayes, 1 Abstain) Item No. 2 North Newport Center Planned Community Amendment (PA2009 -111) 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony Summary: A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. This item was continued from the October 8, 2009 meeting to allow staff and the applicant time to address concerns raised by the Commission on the administration of the Planned Community Text. Chairman Hawkins recused himself from deliberation on this matter due to the appearance of a potential conflict of interest. The Commission received testimony from the representatives of the owners of five properties who wanted to be included in the Planned Community. The Commission was advised that this request could not be granted due to the City's public notification requirements. This item was recommended for approval to the City Council. (4 Ayes, 2 Noes, 1 Absent) Item No. 3 Ong Parking Waiver (PA2009 -059) 333 Old Newport Blvd. Summary: A use permit application to waive the additional off- street parking required for the conversion of 3,061 square -feet of retail to medical office in an existing multi - tenant building. Planning Commission Agenda Report October 27, 2009 Page 2 This item was continued to 11105/2009 at staff request. (All Ayes) Item No. 4 Megonigal Residence (PA2007 -133) 2333 Pacific Drive Summary: The application consists of a modification permit to allow planter walls and a water feature to exceed the 3 -foot height limit in the front yard setback in association with the construction of a new, three -story single - family dwelling. This item was continued to 11/0912009 at staff request. (6 Ayes, 1 No) Prepared and submitted by: David Lepo, Planni Director Planning: shareMPlanning ComrnlssionNpcagendarpt.doc Agenda Item No. 11 October 27, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, October 22, 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 October 8, 2009 ACTION: Approve and file. OLD BUSINESS ITEM NO. 2 North Newport Center Planned Community Amendment (PA2009 -111) 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony SUMMARY: A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. CEQA COMPLIANCE: This action 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 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. ACTION: 1) Conduct public hearing; and 2) Adopt a resolution recommending approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005 to the City Council (Attachment No. PC1). PUBLIC HEARINGS ITEM NO.3 Ong Parking Waiver (PA200M59) 333 Old Newport Blvd. SUMMARY: A use permit application to waive the additional off - street parking required for the conversion of 3,061 square -feet of retail to medical office in an existing multi - tenant building. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION: Staff requests this item be continued to November 5, 2009 ITEM NO.4 Megonigal Residence (PA2007 -133) 2333 Pacific Drive SUMMARY: The application consists of a modification permit to allow planter walls and a water feature to exceed the 3 -foot height limit in the front yard setback in association with the construction of a new, three -story single - family dwelling. CEQA COMPLIANCE: The City of Newport Beach determined that the proposed project may have a significant effect on the environment on Land Use, Aesthetics, and Biological Resources. The City determined that an EIR would be required to more fully evaluate potential adverse environmental impacts that may result from development of the project. All other environmental effects were determined to be less than significant (with mitigation) or have no impact and were addressed in the Initial Study prepared for the project. As a result, 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.). This DEIR also complies with the City of Newport Beach's procedures for implementation of CEQA. ACTION: 1) Conduct public hearing; and 2) Adopt the attached draft Resolution recommending Certification of the Draft Environmental Impact Report and approval of Modification Permit No. 2007 -080 to the City Council with the findings and conditions provided within the attached draft resolution (Attachment PC -2). NEW BUSINESS ITEM NO. 5 City Council Follow -up. ITEM NO. 6 Planning Commission reports. ITEM NO.7 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 8 Request for excused absences. ADJOURNMENT