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Home My WebLink About08 - Planning Commission Action Report & AgendaCITY OF �a£W'Oar NEWPORT BEACH City Council Staff Report Agenda Item No. 8 January 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(a)newportbeachca.gov APPROVED: ,�, A K �M TITLE: Planning Commission Agenda Report for January 19, 2012 Study Session Item No. 1 Newport Banning Ranch: Discussion of Subdivision Design and Circulation This is the first of a series of study sessions on the proposed Newport Banning Ranch project. The purpose of the study sessions is to provide the Planning Commission and the public the opportunity to review and discuss details of the proposed project prior to public hearings. This study session focused on the subdivision design and circulation system of the proposed project. Planning Manager Patrick Alford provided an overview of the project, summarized applicable General Plan policies related to the future use of the project site and a historical timeline of the City's consideration of the site. The applicant's team presented information regarding the general circulation system, the concepts for each development area and the approach to water quality. The Commissioners posed a variety of questions of staff and the applicant. Thirty minutes were dedicated to public comment. Reaular Meeting Item No.1 Minutes of December 8, 2011 The minutes were amended and approved (5 ayes, 1 abstention). AYES: Amen, Hillgren, Kramer, Myers, and Toerge NOES: None. Planning Commission Agenda Report for January 19, 2012 January 24, 2012 Page 2 ABSENT: None. ABSTAIN: Tucker hem No.2 SCAP III, LLC Property Amendment (PA2011 -196) 514 E. Ocean Front (aka 101 -107 Palm Street) Summary: The property owner is seeking to continue the existing nonconforming commercial uses of the subject property by requesting the following amendments: 1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use Vertical (MU -V); 2) Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Mixed -Use Vertical (MU -V); and 3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Vertical (MU -V). No new land use or development is proposed at this time. Associate Planner Jaime Murillo gave a presentation highlighting the applicant's request to change the land use designation from Residential to Mixed Use. The land use of the property was changed to residential with adoption of the 2006 General Plan. The presentation highlighted surrounding uses, the fact that approval will make the existing uses of the site conforming and not subject to abatement, and that the General Plan Amendments are classified as "Minor Amendments' pursuant to Charter Section 423. Approval of the General Plan Amendments would not require a vote of the electorate. The applicant's attorney testified indicating that the desire is to maintain the uses of the structure and no changes are proposed at this time. One member of the public spoke in favor of the land use change and stated that the General Plan update created several other nonconforming uses in Balboa Village that should be reconsidered to reflect the existing uses. The Planning Commission voted unanimously to approve the project (6 ayes). AYES: Ameri, Hillgren, Myers, Kramer, Toerge, and Tucker NOES: None. ABSENT: None. ABSTAIN: None. Item No.3 Flyn' Fish Oyster Bar & Grill (PA2011 -199) 2304 W. Ocean Front Planning Commission Agenda Report for January 19, 2012 January 24, 2012 Page 3 Summary: A request for a conditional use permit to change the seating configuration of an existing eating and drinking establishment (restaurant) previously authorized under Use Permit No. UP3200. The applicant is also requesting to expand the hours of operation to allow for breakfast service beginning at 9:00 a.m. on weekends. The existing hours of operation are from 11:00 a.m. to 12:00 midnight, daily. No other changes to the establishment are proposed. If approved, the new conditional use permit will supersede the existing use permit and an Operator License will be required. Associate Planner Jaime Murillo gave a presentation summarizing the applicant's request and detailed previous approvals which addressed parking for the proposed use. The subject application would not intensify the use. The change in use is limited to allowing breakfast service and expanding the bar area. The number of seats and the public area would not increase. The applicant's architect indicated the improvements would be limited to the interior. The applicant also provided testimony indicating he read and understood the conditions of approval. Two members of the public also spoke in favor of the business. Commissioner Myers expressed concern with the parking arrangement that was previously approved. The available on -site parking spaces for the restaurant is not adequate to meet demand. The Commission voted unanimously to approve the project (6 ayes). AYES: Amen, Hillgren, Myers, Kramer, Toerge, and Tucker NOES: None. ABSENT: None. ABSTAIN: None. Item No.4 Voyer Variance (PA2011 -212) 20442 Santa Ana Avenue Summary: Variance application to allow an existing residential building which was constructed without the benefit of permits to encroach 20 feet into the required 25 -foot rear setback area. Deputy Director Community Development Brenda Wisneski provided a presentation summarizing the applicant's request and reviewed the required findings to support the variance. An overview of the project history was also provided. Conditions of approval unique to the project were also discussed. The applicant indicated his understanding of the conditions of approval. Commissioner Hillgren questioned the applicant regarding his inability to proceed with the project which was approved by the Planning Commission in 2010. The applicant indicated the scope of the project was too intense and costly. Approval Planning Commission Agenda Report for January 19, 2012 January 24, 2012 Page 4 of the variance would allow him to complete the project with minimal modifications to the structure. The Commission voted to approve the project (4 ayes, 2 noes). AYES: Ameri, Kramer, Toerge, and Tucker NOES: Hillgren and Myers ABSENT: None. ABSTAIN: None. by: Director Co (Amunity Development NEWPORT BEACH PLANNING COMMISSION AGENDA REVISED Council Chambers — 3300 Newport Boulevard Thursday, January 19, 2012 STUDY SESSION MEETING 4:30 p.m. A. ROLL CALL Agenda Item No. 8 January 24, 2012 B. CURRENT BUSINESS ITEM NO. 1 Newport Banning Ranch: Discussion of Subdivision Design and Circulation SUMMARY: This is the first of a series of study sessions on the proposed Newport Banning Ranch project. The purpose of the study sessions is to provide the Planning Commission and the public the opportunity to review and discuss details of the proposed project prior to public hearings. This study session will focus on the subdivision design and circulation system of the proposed project. C. PUBLIC COMMENTS Public comments are invited on 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 tablet provided at the podium. 111!1111110111N016 d40111 Agenda Item No. 8 January 24, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, January 19, 2012 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. WELCOME OF NEW PLANNING COMMISSIONER LARRY TUCKER E. RECOGNITION OF FORMER PLANNING COMMISSIONER ROBERT C. HAWKINS' SERVICE F. 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 tablet provided at the podium. G. REQUEST FOR CONTINUANCES H. CONSENT ITEMS ITEM NO. 1 Minutes of December 8, 2011 ACTION: Approve and file. I. PUBLIC HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE (3) MINUTES ON ALL ITEMS. (Red light signifies when three (3) 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 SCAP III, LLC Property Amendment (PA2011 -196) 514 E. Ocean Front (aka 101 -107 Palm Street) SUMMARY: The property owner is seeking to continue the existing nonconforming commercial uses of the subject property by requesting the following amendments: 1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use Vertical (MU -V); 2) Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Mixed -Use Vertical (MU -V); and 3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Vertical (MU -V). No new land use or development is proposed at this time. CEQA COMPLIANCE: The proposed amendments are exempt since they do not entail any significant alteration to the subject property and will bring the General Plan Land Use, Coastal Land Use, and Zoning District designations into consistency with the present use. The sites are presently developed and no new development is proposed at this time, which is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines – Class 1 (Existing Facilities). ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _ recommending the City Council: • Approve General Plan Amendment No. GP2011 -009; and • Approve Local Coastal Plan Amendment No. LC2011 -005; and • Approve Code Amendment No. CA2011 -012. ITEM NO. 3 Flyn' Fish Oyster Bar & Grill (PA2011 -199) 2304 W. Ocean Front SUMMARY: A request for a conditional use permit to change the seating configuration of an existing eating and drinking establishment (restaurant) previously authorized under Use Permit No. UP3200. The applicant is also requesting to expand the hours of operation to allow for breakfast service beginning at 9:00 a.m. on weekends. The existing hours of operation are from 11:00 a.m. to 12:00 midnight, daily. No other changes to the establishment are proposed. If approved, the new conditional use permit will supersede the existing use permit and an Operator License will be required. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves minor alterations to the interior floor plan of an existing restaurant, and therefore, qualifies for this exemption. ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2011 -034. ITEM NO. 4 Voyer Variance (PA2011 -212) 20442 Santa Ana Avenue SUMMARY: Variance application to allow an existing residential building which was constructed without the benefit of permits to encroach 20 feet into the required 25 -foot rear setback area. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). The exemption includes the construction of a second dwelling in a residential zone, necessary utility connections, and accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. —approving Variance No. VA2011 -011. J. NEW BUSINESS K. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 Community Development Director's report. ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 7 Request for excused absences. ADJOURNMENT