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Home My WebLink About07 - Planning Commission Meeting Action Report and Agenda - 7-5-12SEW p 'V CITY OF as NEWPORT BEACH �q��oP City Council Staff Report Agenda Item No. 7 July 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt(cDnewportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(a).newportbeachca.gov APPROVED: A K/W TITLE: Planning Commission Agenda Report for July 5, 2012 ITEM NO. 1 MINUTES OF JUNE 21, 2012 The minutes were amended and approved (6 ayes, 1 abstention). AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: None ABSTAIN: Ameri Public Hearing Items: ITEM NO. 2 7- ELEVEN USE PERMIT (PA2012 -025) Site Location: 4221 MacArthur Boulevard, Suite B -01 SUMMARY: A request to approve a conditional use permit (CUP) to allow the establishment of a 2,369 square -foot, off -sale alcoholic beverage outlet (beer and wine only) in conjunction with the 24 -hour convenience store (7- Eleven). The store will be located within a 12,351 square -foot commercial center (formerly known as Dolphin Striker Project) currently under construction. Also included in the request is approval of an amendment to the Traffic Phasing Ordinance in conjunction with the approved project. Planning Commission Agenda Report for July 5, 2012 July 10, 2012 Page 2 Senior Planner Javier Garcia provided a presentation highlighting the applicant's request. The applicant provided a power point highlighting the Company's daily operating standards used to ensure positive relationships with their neighbors. Commissioners' comments related to the increased traffic to the site and concerns with on -site circulation. The Planning Commission approved the project as recommended (4 ayes, 3 noes). AYES: Brown, Kramer, Toerge, and Tucker NOES: Ameri, Hillgren, and Myers ABSENT: None ABSTAIN: None ITEM NO. 3 NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (PA2012 -020) Site Location: Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500 and San Joaquin Plaza of Newport Center SUMMARY: Amendment of the North Newport Center Planned Community (NNCPC) Development Plan increasing the residential development allocation from 430 units to a total of 524 units (increase of 94 units) and allocating the units to the San Joaquin Plaza sub -area of the NNCPC. Project implementation also requires a transfer of development intensity, a development agreement amendment, a traffic study, an affordable housing implementation plan amendment, and a water supply assessment. Associate Planner Jaime Murillo summarized the series of entitlements requested for the project. The applicant, Dan Miller from the Irvine Company, provided history on the transfers of development that have occurred in North Newport Center over the last several years. The Commission voted unanimously to recommend to the City Council approval of the requested actions (7 ayes, 0 noes). AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: None ABSTAIN: None Planning Commission Agenda Report for July 5, 2012 July 10, 2012 Page 3 ITEM NO. 4 MARINA PARK PROJECT (PA2012 -079) Site Location: 1600 W. Balboa Boulevard SUMMARY: Amendment of Coastal Land Use Plan (CLUP) Policy No. 4.4.2 -1 to allow a tower feature within the City's previously approved Marina Park project to exceed the 35 -foot shoreline height limitation zone. The Marina Park project was approved by the City Council in March 2009, and it included a 71 -foot tall landmark tower feature depicting a lighthouse. No changes to the approved plans are proposed. Principal Planner James Campbell summarized the request to amend the CLUP to allow for the tower feature. The presentation included proposed policy language which was revised based on input from the California Coastal Commission staff. Staff indicated the current design proposes the tower at 71 feet, but the EIR for the project evaluated the tower at 73 feet. The Commission requested the height be increased to 73 feet to provide flexibility. 4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following site. Marina Park located at 1600 W. Balboa Boulevard: A single, up to 773 -foot tall architectural tower that does not include floor area but could house screened communications or emergency equipment. The additional height would create an iconic landmark for the public to identify the site from land and water and a visual focal point to enhance public views from surrounding vantages. The Commission voted unanimously to recommend to the City Council approval of the requested CLUP amendment, with a 73 -foot maximum tower height (7 ayes, 0 noes). AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSENT: None ABSTAIN: None Planning Commission Agenda Report for July 5, 2012 July 10, 2012 Page 4 Other Business: ITEM NO. 5 REVIEW OF RULES OF PROCEDURES OF THE PLANNING COMMISSION (PA2012 -065) Site Location: N/A SUMMARY: On May 3, 2012, the Planning Commission directed staff to draft amendments to certain sections of the RULES OF PROCEDURES OF THE PLANNING COMMISSION (Procedures) for the Commission's consideration on June 21, 2012. Due to time constraints at the June 21St meeting, this item was not heard by the Planning Commission. Submitted by: Community Development Director Brandt stated a draft of the revised Procedures had been prepared for the Commission's consideration. If the revisions are acceptable they will be presented for Planning Commission adoption on July 19th. No additional changes were requested. Deputy Director NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD THURSDAY, JULY 5, 2012 REGULAR MEETING — 6:30 p.m. CALL TO ORDER Agenda Item No. 7 July 10, 2012 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. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) 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 A. CONSENT ITEMS I11:1P:I�1010 TJ I u [IIIII =1401 9111111 L, 1 4K W41iPA Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) 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 7- ELEVEN USE PERMIT (PA2012 -025) Site Location: 4221 MacArthur Boulevard, Suite B -01 Summary: A request to approve a conditional use permit (CUP) to allow the establishment of a 2,369 square -foot, off -sale alcoholic beverage outlet (beer and wine only) in conjunction with the 24 -hour convenience store (7- Eleven). The store will be located within a 12,351 square foot commercial center (formerly known as Dolphin Striker Project) currently under construction. Also included in the request is approval of an amendment to the Traffic Phasing Ordinance in conjunction with the approved project. CEQA Compliance: An Initial Study and Mitigated Negative Declaration (MND, MN2011 -001) were previously reviewed and adopted by the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3, on October 25, 2011. No additional environmental analysis is required. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _, approving: a) Use Permit — Conditional No. UP2012 -003, and b) Find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2011 -002 and that Traffic Study – No. TS2012 -001 complies with the Traffic Phasing Ordinance in support of the proposed project. ITEM NO.3 NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (PA2012 -020) Site Location: Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500 and San Joquin Plaza of Newport Center Summary: Amendment of the North Newport Center Planned Community (NNCPC) Development Plan increasing the residential development allocation from 430 units to a total of 524 units (increase of 94 units) and allocating the units to the San Joaquin Plaza sub -area of the NNCPC. Project implementation also requires a transfer of development intensity, a development agreement amendment, a traffic study, an affordable housing implementation plan amendment, and a water supply assessment. CEQA Compliance: An Addendum (Addendum No. 2) to the Program Environmental Impact Report (SCH No 2006011119) certified on July 25, 2006 has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. Recommended Action: 1. Conduct public hearing; and 2. Adopt draft resolution recommending the City Council adopt Addendum No. 2 to the Program Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update and the Water Supply Assessment prepared for the project; and 3. Adopt the draft resolutions recommending the City Council approve Transfer of Development Intensity No. TD2012 -002, Planned Community Development Plan Amendment No. PD2012- 001, Amendment to Development Agreement No. DA2007 -002, Traffic Study No. TS2012 -004, and the proposed Amendment of the Affordable Housing Implementation Plan. ITEM NO. 4 MARINA PARK PROJECT (PA2012 -079) Site Location: 1600 W. Balboa Boulevard Summary: Amendment of Coastal Land Use Plan (CLUP) Policy No. 4.4.2 -1 to allow a tower feature within the City's previously approved Marina Park project to exceed the 35 -foot shoreline height limitation zone. The Marina Park project was approved by the City Council in March 2009 and it included a 71 -foot tall landmark tower feature depicting a lighthouse. No changes to the approved plans are proposed. CEQA Compliance: The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096) was certified to the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 on May 11, 2010. The tower feature was evaluated in the EIR, therefore no further environmental analysis is required. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. — recommending the City Council approve the Amendment to the Coastal Land Use Plan No. LC2012 -002. VIII. IPA III OTHER BUSINESS ITEM NO. 5 REVIEW OF RULES OF PROCEDURES OF THE PLANNING COMMISSION (PA2012 -065) Site Location: N/A Summary: On May 3, 2012, the Planning Commission directed staff to draft amendments to certain sections of the RULES OF PROCEDURES OF THE PLANNING COMMISSION (Procedures) for the Commission's consideration on June 21, 2012. Due to time constraints at the June 21s` meeting, this item was not heard by the Planning Commission. CEQA Compliance: Revising the Planning Commission Rules of Procedures is not considered a "project" as defined by the California Environmental Quality Act (CEQA) in that this action has no potential to result in direct or indirect physical change to the environment. Recommended Action: 1. Review and modify, if necessary, the proposed amendments to the Rules of Procedures of the Planning Commission for final action on July 19, 2012. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD THURSDAY, JULY 5, 2012 REGULAR MEETING — 6:30 p.m. CALL TO ORDER Agenda Item No. 7 July 10, 2012 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. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) 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 A. CONSENT ITEMS I11:1P:I�1010 TJ I u [IIIII =1401 9111111 L, 1 4K W41iPA Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) minute left for summation.) 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 7- ELEVEN USE PERMIT (PA2012 -025) Site Location: 4221 MacArthur Boulevard, Suite B -01 Summary: A request to approve a conditional use permit (CUP) to allow the establishment of a 2,369 square -foot, off -sale alcoholic beverage outlet (beer and wine only) in conjunction with the 24 -hour convenience store (7- Eleven). The store will be located within a 12,351 square foot commercial center (formerly known as Dolphin Striker Project) currently under construction. Also included in the request is approval of an amendment to the Traffic Phasing Ordinance in conjunction with the approved project. CEQA Compliance: An Initial Study and Mitigated Negative Declaration (MND, MN2011 -001) were previously reviewed and adopted by the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3, on October 25, 2011. No additional environmental analysis is required. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _, approving: a) Use Permit — Conditional No. UP2012 -003, and b) Find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2011 -002 and that Traffic Study – No. TS2012 -001 complies with the Traffic Phasing Ordinance in support of the proposed project. ITEM NO.3 NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (PA2012 -020) Site Location: Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500 and San Joquin Plaza of Newport Center Summary: Amendment of the North Newport Center Planned Community (NNCPC) Development Plan increasing the residential development allocation from 430 units to a total of 524 units (increase of 94 units) and allocating the units to the San Joaquin Plaza sub -area of the NNCPC. Project implementation also requires a transfer of development intensity, a development agreement amendment, a traffic study, an affordable housing implementation plan amendment, and a water supply assessment. CEQA Compliance: An Addendum (Addendum No. 2) to the Program Environmental Impact Report (SCH No 2006011119) certified on July 25, 2006 has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. Recommended Action: 1. Conduct public hearing; and 2. Adopt draft resolution recommending the City Council adopt Addendum No. 2 to the Program Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update and the Water Supply Assessment prepared for the project; and 3. Adopt the draft resolutions recommending the City Council approve Transfer of Development Intensity No. TD2012 -002, Planned Community Development Plan Amendment No. PD2012- 001, Amendment to Development Agreement No. DA2007 -002, Traffic Study No. TS2012 -004, and the proposed Amendment of the Affordable Housing Implementation Plan. ITEM NO. 4 MARINA PARK PROJECT (PA2012 -079) Site Location: 1600 W. Balboa Boulevard Summary: Amendment of Coastal Land Use Plan (CLUP) Policy No. 4.4.2 -1 to allow a tower feature within the City's previously approved Marina Park project to exceed the 35 -foot shoreline height limitation zone. The Marina Park project was approved by the City Council in March 2009 and it included a 71 -foot tall landmark tower feature depicting a lighthouse. No changes to the approved plans are proposed. CEQA Compliance: The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096) was certified to the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 on May 11, 2010. The tower feature was evaluated in the EIR, therefore no further environmental analysis is required. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. — recommending the City Council approve the Amendment to the Coastal Land Use Plan No. LC2012 -002. VIII. IPA III OTHER BUSINESS ITEM NO. 5 REVIEW OF RULES OF PROCEDURES OF THE PLANNING COMMISSION (PA2012 -065) Site Location: N/A Summary: On May 3, 2012, the Planning Commission directed staff to draft amendments to certain sections of the RULES OF PROCEDURES OF THE PLANNING COMMISSION (Procedures) for the Commission's consideration on June 21, 2012. Due to time constraints at the June 21s` meeting, this item was not heard by the Planning Commission. CEQA Compliance: Revising the Planning Commission Rules of Procedures is not considered a "project" as defined by the California Environmental Quality Act (CEQA) in that this action has no potential to result in direct or indirect physical change to the environment. Recommended Action: 1. Review and modify, if necessary, the proposed amendments to the Rules of Procedures of the Planning Commission for final action on July 19, 2012. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT ITEM NO. 7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES