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Home My WebLink About12 - PC Agenda & Action Report= CITY OF �rt z NEWPORT BEACH �GFORH City Council Staff Report Agenda Item No. 12 June 28, 2011 TO: HONORAB -E M -'YOR AND MEMBERS OF THt' CITY COUNCIL FROM: Community Development Department Kimberly Brandt, Community Development Director 949-644-3226, kbrandt(5newportbeac' ca.gov PREPARED BY: Gregg Ramirez, Senior Planner 949 -644 -3219; uramirez(a)newportbeachca.gov cy APPROVED: v � TITLE: Planning Commission Agenda for June 23, 2011 Item No.1 Minutes of June 9, 2011 Commissioners Hawkins and Unsworth provided edits to the minutes and the revised draft minutes were approved (5 ayes, 2 abstentions). Item No.2 Manner's Pointe (PA2010 -114) 100 — 300 West Coast Highway Summary: The applicant proposes the development of a 23,015 - square -footr two -story commercial building and a three -story parking structure. Project implementation requires the approval of the following applications to implement the project as proposed: 1. An amendment to the Land Use Element of the General Plan to increase the allowable floor area for the project site from 16,518 square feet 10 5 FAR) to a maximum development limit of 23,015 square feet (approx. 0.7 FAR); 2. An amendment to the Zoning Map of the Zoning Code to increase the allowable floor area limitation for the project site from 0.3!0.5 FAR to a maximum development limit of 23,015 square feet; 3. A site development review to allow the construction of a 23,015- square -foot, two -story building and a three -story parking structure that will exceed the 31- foot base height limit with a maximum height of 40 feet; 4. A conditional use permit to allow for the construction of a parking structure adjacent to a residential zoning distnct, to modify the off - street parking requirements, allow for the use of off -site parking, and to establish a parking management plan for the site, 5. A variance to allow the building and parking structure to encroach five (5) feet into the five -foot rear yard setback, 6. A parcel map to consolidate six (6) lots into one (1) parcel; and 7. A traffic study pursuant to the City's Traffic Phasing Ordinance. Planning Commission Agenda for June 23, 2011 June 28, 2011 Page 2 Following presentations by staff and the applicant, the Commission received public testimony. Ten members of the public, spoke in opposition of the project citing concerns about the physical and operational characteristics of the project. These concerns included the height of the buildings the size and scale of the commercial building and the parking structure in relation to the lot size, the proximity to homes, impacts to views, noise from the parking structure and restaurants, odors from the restaurants, traffic and access constrains from West Coast Highway, on -site circulation and that approval may set a precedent for similar sized developments in Mariner's Mile. Commission discussion focused on the same issues raised by the public and determined that the findings for approval could not be made. The Commission voted to deny the request without prejudice (5 ayes, 1 recused, 1 excused). Submitted by: Gregg Ramirez, Senior Planner Agenda Item No. 12 June 28, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, June 23, 2011 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. RECOGNITION OF CHAIRPERSON EARL MCDANIEL AND COMMISSIONER BARRY EATON FOR THEIR DEDICATION AND YEARS OF SERVICE ON THE PLANNING COMMISSION. E. 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. F. REQUEST FOR CONTINUANCES G. CONSENT ITEMS ITEM NO. 1 Minutes of June 9, 2011 ACTION: Approve and file. H. PUBLIC HEARING ITEMS 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 Community Development Department, Planning Division located at 3300 Newport Boulevard, during normal business hours. ITEM NO. 2 Mariner's Pointe - (PA2010 -114) 100 — 300 West Coast Highway • General Plan Amendment No. GP2010 -009 • Code Amendment No. CA2010 -009 • Site Development Review No. SR2010 -001 • Conditional Use Permit No. UP2010 -024 • Variance No. VA 2010 -004 • Parcel Map No. NP2010 -008 • Traffic Study No. TS2011 -001 SUMMARY: The applicant is seeking a General Plan Amendment (GPA) to accommodate the development of a 23,015- square -foot, two -story commercial building and a three - story parking structure. The following applications are requested or required in order to implement the project as proposed: CEQA COMPLIANCE: ACTION: An amendment to the Land Use Element of the General Plan to increase the allowable floor area for the project site from 16,518 square feet (0.5 FAR) to a maximum development limit of 23,015 square feet (approx. 0.7 FAR); 2. An amendment to the Zoning Map of the Zoning Code to increase the allowable floor area limitation for the project site from 0.3/0.5 FAR to a maximum development limit of 23,015 square feet (approx. 0.7 FAR); 3. A site development review to allow the construction of a 23,015- square -foot, two -story building and a three -story parking structure that will exceed the 31- foot base height limit with a maximum height of 40 feet; 4. A conditional use permit to allow for the construction of a parking structure adjacent to a residential zoning district, to modify the off - street parking requirements, allow for the use of off -site parking, and to establish a parking management plan for the site; 5. A variance to allow the commercial building and parking structure to encroach five feet into the five -foot rear yard setback; 6. A parcel map to consolidate six lots into one parcel; and A traffic study pursuant to the City's Traffic Phasing Ordinance. A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Mitigated Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending that the City Council: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2011 -001, that the Project complies with the Traffic Phasing Ordinance; and c. Approve General Plan Amendment No. GP2010 -009, Code Amendment No. CA2010 -009, Site Development Review No. SR2010 -001, Conditional Use Permit No. 2010 -024, Variance No. 2010 -004, and Parcel Map No. 2010 -008, subject to findings and conditions NEW BUSINESS J. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 Community Development Director's report. 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