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Home My WebLink About13 - Planning Commission Agenda and Action Report for September 17, 2015 ��WPoRr CITY OF @T NEWPORT BEACH ogor City Council Staff Report September 22, 2015 Agenda Item No. 13 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(o)newportbeachca.gov TITLE: Planning Commission Agenda Report for September 17, 2015 ITEM NO. 1 MINUTES OF SEPTEMBER 3, 2015 The minutes were amended and approved. AYES: Brown, Koetting, Lawler, and Weigand NOES: None ABSENT: Hillgren, Zak, and Kramer ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL(PA2015-120) Site Location: 1608 West Ocean Front SUMMARY: An appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single-family residence. The applicant desires to use a higher average grade than the grade elevations determined by the Community Development Director. CEQA COMPLIANCE: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. If the applicant's request is approved, the project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The applicant requested continuance of this item to the October 8, 2015 Planning Commission meeting. City Council Staff Report Page 2 AYES: Brown, Koetting, Lawler, and Weigand NOES: None ABSENT: Hillgren, Zak, and Kramer ABSTAIN: None ITEM NO. 3 NEWPORT ACADEMY CONDITIONAL USE PERMIT(PA2015.150) Site Location: 1111 Bayside Drive, Suite 150 SUMMARY: A conditional use permit to establish a private educational facility associated with an off-site long-term care drug and alcohol rehabilitation program for teenagers (between the ages of 13 and 18) within an existing multi-tenant office building. No treatment will occur on-site as the students will have already graduated from a licensed and certified treatment program. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Assistant Planner Benjamin Zdeba gave a presentation summarizing the applicants' request. The Planning Commission voted to approve the project with the recommended changes to the conditions. AYES: Brown, Koetting. Kramer, Lawler, and Weigand NOES: None ABSENT: Hillgren and Zak ABSTAIN: None ITEM NO. 4 TROESH RESIDENCE (PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive SUMMARY: In conjunction with the addition of a 4,451-square-foot detached dwelling, the applicant requests the following: • Modification Permit -to allow a property that is nonconforming to add more than 10 percent of the existing floor area developed on site. A separate detached dwelling unit exists on the property and is considered nonconforming due to the size of the parking spaces. • Variance - to allow a driveway and guardrail to exceed 42 inches in height within the 5-foot front setback adjacent to La Jolla Drive due to the topography of the property. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). This item was tabled. It will be re-noticed for the October 8, 2015 Planning Commission meeting. AYES: Brown, Koetting, Lawler, and Weigand NOES: None ABSENT: Hillgren, Zak, and Kramer ABSTAIN: None City Council Staff Report Page 3 ITEM NO. 5 NEWPORT CENTER PLANNED COMMUNITY AMENDMENTS AND TRANSFER OF DEVELOPMENT (PA2015-109) Site Location: Newport Center — Corporate Plaza, Corporate Plaza, Block 500, and the North Newport Center Planned Communities including Fashion Island SUMMARY: The Irvine Company requests the following: 1. An amendment of the North Newport Center Planned Community Development Plan to, a) update development limits to reflect past, approved transfers of development, b) increase the maximum development allocation for Block 100 by 21,161 square feet, c) add two existing buildings (2071 and 2101 San Joaquin Hills Road), d) provide a 10-foot additional height allowance for architectural features and rooftop appurtenances, and e) modify allowed uses, parking requirements, and sign regulations. 2. An amendment of the Block 500 Planned Community District Regulations to remove two existing buildings, specifically 2071 and 2101 San Joaquin Hills Road. 3. An amendment of the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to transfer unbuilt development to the North Newport Center Planned Community Block 100. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Principal Planner Jim Campbell gave a presentation summarizing the applicants' requests. The Planning Commission recommended the City Council approve the request. AYES: Brown, Koetting, Kramer, Lawler, and Weigand NOES: None ABSENT: Hillgren and Zak ABSTAIN: None NEW BUSINESS: ITEM NO. 6 3-THIRTY-3 WATERFRONT RESTAURANT ONE-YEAR REVIEW(PA2011-041) Site Location: 333 Bayside Drive SUMMARY: A one-year review will be conducted for Conditional Use Permit No. UP2011-007. The Conditional Use Permit was approved on June 28, 2011, that increased the allowed hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m., daily, to 9:00 a.m. to 1:00 a.m., daily. Four quarterly sound monitoring tests have been conducted over the past year in accordance with the conditions of approval and results will be reported in the staff report and at the meeting. A condition of the Use Permit requires Planning Commission review one-year following implementation of the extended hours. City Council Staff Report Page 4 CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Associate Planner Makana Nova gave a summarized the process undertaken to determine compliance with the conditions of approval. The Planning Commission concurred with staff's determination that the operator has complied with all conditions of approval. AYES: Brown, Koetting, Kramer, Lawler, and Weigand NOES: None ABSENT: Hillgren and Zak ABSTAIN: None CONTINUED BUSINESS: ITEM NO. 7 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Site Location: Citywide SUMMARY: Discuss the Local Coastal Program Implementation Plan. CEQA COMPLIANCE: This item is covered by the general rule that CEQA applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). Planning Program Manager Patrick Alford gave a presentation summarizing the status if the Local Coastal Program Implementation Plan. No formal action was requested. September 22, 2015 Agenda Item No. 13 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 17, 2015 REGULAR MEETING—6:30 p.m. I. CALL TO ORDER 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. 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 VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 3, 2015 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. 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 MILLER RESIDENCE GRADE ESTABLISHMENT APPEAL(PA2015-120) Site Location: 1608 West Ocean Front Summary: An appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single-family residence. The applicant desires to use a higher average grade than the grade elevations determined by the Community Development Director. CEQA Compliance: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. If the applicant's request is approved, the project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Conduct a de novo public hearing; and 2. Adopt Resolution No. denying the appellant's Appeal to Planning Commission and upholding the Community Development Director's establishment of grade. 1 of 4 13-1 ITEM NO.3 NEWPORT ACADEMY CONDITIONAL USE PERMIT(PA2015-150) Site Location: 1111 Bayside Drive, Suite 150 Summary: A conditional use permit to establish a private educational facility associated with an off-site long-term care drug and alcohol rehabilitation program for teenagers (between the ages of 13 and 18) within an existing multi-tenant office building. No treatment will occur on-site as the students will have already graduated from a licensed and certified treatment program. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines -Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing;and 2. Adopt Resolution No.approving Conditional Use Permit No. UP2015-036. ITEM NO.4 TROESH RESIDENCE(PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive Summary: In conjunction with the addition of a 4,451-square-foot detached dwelling, the applicant requests the following: • Modification Permit - to allow a property that is nonconforming to add more than 10 percent of the existing floor area developed on site. A separate detached dwelling unit exists on the property and is considered nonconforming due to the size of the parking spaces. • Variance- to allow a driveway and guardrail to exceed 42 inches in height within the 5-foot front setback adjacent to La Jolla Drive due to the topography of the property. CEQA Compliance: The project is categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Recommended Action: 1. Table the item. Notice the item for the October 8, 2015 Planning Commission meeting. ITEM NO. 5 Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) Site Location: Newport Center - Corporate Plaza, Corporate Plaza, Block 500, and the North Newport Center Planned Communities including Fashion Island Summary: The Irvine Company requests the following: 1. An amendment of the North Newport Center Planned Community Development Plan to; a) update development limits to reflect past, approved transfers of development, b) increase the maximum development allocation for Block 100 by 21,161 square feet, c)add two existing buildings (2071 and 2101 San Joaquin Hills Road), d) provide a 10-foot additional height allowance for architectural 2 of 4 13-2 features and rooftop appurtenances, and e) modify allowed uses, parking requirements, and sign regulations. 2. An amendment of the Block 500 Planned Community District Regulations to remove two existing buildings, specifically 2071 and 2101 San Joaquin Hills Road. 3. An amendment of the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to transfer unbuilt development to the North Newport Center Planned Community Block 100. CEQA Compliance: The proposed amendments to the Block 500, Corporate Plaza and Corporate Plaza West Planned Community District Regulations and transfer of development are exempt from, and are not subject to, the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. The proposed amendment of the North Newport Center Planned Community is exempt from CEQA pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures)of the CEQA Guidelines. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. recommending City Council approve Planned Community Development Plan Amendment No. PD2015-003 and Transfer of Development No. TD2015- 001. VIII. NEW BUSINESS ITEM NO. 6 3-THIRTY-3 WATERFRONT RESTAURANT ONE-YEAR REVIEW (PA2011-041) Site Location: 333 Bayside Drive Summary: A one-year review will be conducted for Conditional Use Permit No. UP2011-007. The Conditional Use Permit was approved on June 28, 2011, that increased the allowed hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m., daily, to 9:00 a.m. to 1:00 a.m., daily. Four quarterly sound monitoring tests have been conducted over the past year in accordance with the conditions of approval and results will be reported in the staff report and at the meeting. A condition of the Use Permit requires Planning Commission review one-year following implementation of the extended hours. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines -Class 1 (Existing Facilities). Recommended Action: 1. Receive public comments; and 2. Confirm the operator has complied with all required conditions of approval. CONTINUED BUSINESS ITEM NO. 7 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Site Location: Citywide Summary: Discuss the Local Coastal Program Implementation Plan. CEQA Compliance: 3 of 4 13-3 This item is covered by the general rule that CEQA applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA(CEQA Guidelines Section 15061(b)(3)). Recommended Action: 1. No formal action will be taken. Review and discuss the proposed Implementation Plan. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 8 MOTION FOR RECONSIDERATION ITEM NO.9 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 10 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 11 REQUESTS FOR EXCUSED ABSENCES X. ADJOURNMENT 4of4 13-4