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Home My WebLink About12 - Planning Commission Agenda & Action Report for January 21, 2016 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF January 26, 2016 Agenda Item No. 12 ITEM NO. 1 MINUTES OF DECEMBER 17, 2015 The minutes were amended and approved. AYES: Hillgren, Koetting, Lawler and Weigand NOES: None ABSENT: Brown, Kramer and Zak ABSTAIN: None PUBLIC HEARING ITEMS: ITEM NO. 2 THE VILLAGE INN OUTDOOR DINING LAND USE AMENDMENT (PA2015- 016) Site Location: 123 and 127 Marine Avenue Continued from December 3, 2015 SUMMARY: A General Plan, Coastal Land Use Plan, and Zoning Code amendment application to change the land use designation from residential to mixed-use for 123 Marine Avenue, which is a residential lot abutting the existing Village Inn restaurant. The land use amendments would allow for both properties to be used for the restaurant use or for other uses allowed in the mixed use district. The application also includes an amendment to a Conditional Use Permit to allow a 240-square-foot outdoor dining area in front of the restaurant at 127 Marine Avenue, within the public right-of-way. At the December 3, 2015 meeting, the Planning Commission voted to recommend denial of the Conditiona Use Permit. The proposed amendments and outdoor dining area requires review and approval by the City Council. CEQA COMPLIANCE: The project is categorically exempt under Section 15302, of the State CEQA (California Environmental Quality Act) Guidelines – Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 123 Marine Avenue. The project is also categorically exempt under Section 15303, of 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@newportbeachca.gov TITLE: Planning Commission Agenda Report for January 21, 2016 Planning Commission Action Report Page 2 the State CEQA (California Environmental Quality Act) Guidelines – Construction or Conversion of Small Structures in that the improvem ents associated with the outdoor dining area are considered accessory to the main structure. Table consideration of the item, at the request of the applicant. AYES: Hillgren, Koetting, Lawler and Weigand NOES: None ABSENT: Brown, Kramer and Zak ABSTAIN: None ITEM NO. 3 GOLD STONE PROPERTIES SETBACK DETERMINATION (PA2015-115) Site Location: 2805 Balboa Boulevard SUMMARY: A request to establish alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. The proposal is to reduce the required 20-foot front setback area abutting Balboa Boulevard to 5 feet and the 10-foot rear setback area abutting 123 28th Street to 3 feet. The 4- foot side setback areas would increase to 5 feet. CEQA COMPLIANCE: The project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Table consideration of the item, at the request of the applicant. AYES: Hillgren, Koetting, Lawler and Weigand NOES: None ABSENT: Brown, Kramer and Zak ABSTAIN: None ITEM NO. 4 ENVIRONMENTAL NATURE CENTER PRESCHOOL (PA2015-079) Site Location: 745 Dover Drive SUMMARY: A minor use permit to allow a preschool/day care center with approximately 72 students and 10 staff members to operate from 7:00 a.m. to 6:00 p.m., Monday through Friday. The proposed development includes the construction of a 6,498- square-foot facility with classrooms and an administrative building, a 25-space surface parking lot, and landscaped areas on a 1.25-acre vacant lot. A Traffic Study is also required due to the projected increase in vehicle trips resulting from the proposed project pursuant to the City’s Traffic Phasing Ordinance. CEQA COMPLIANCE: The project is categorically exempt under Section 15332, of the State CEQA (California Environmental Quality Act) Guidelines - Class 32 (In-Fill Development Projects). The Planning Commission voted unanimously to approve the project with the recommended changes to the conditions. AYES: Hillgren, Koetting, Lawler and Weigand NOES: None ABSENT: Brown, Kramer and Zak ABSTAIN: None Planning Commission Action Report Page 3 ITEM NO. 5 ZINQUE CONDITIONAL USE PERMIT (PA2015-178) Site Location: 3440, 3442 and 3446 Via Oporto SUMMARY: A conditional use permit to allow a food service eating and drinking establishment, Zinque, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and an outdoor dining patio. The establishment would be located in a suite previously occupied by a restaurant and an abutting suite previously occupied by a general retail store. Pursuant to NBMC 5.25, the proposed operation requires the owner/operator to obtain an Operator License from the Newport Beach Police Department if the new Conditional Use Permit is approved. If approved, this Conditional Use Permit will supersede entitlement permits associated with the previous restaurant which includes Conditional Use Permit No. UP2020 and UP2020A, Accessory Outdoor Dining Permit No. OD0043 and Planning Director's Use Permit No. UPD013. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Planning Commission voted to approve the project with the recommended changes to the conditions. AYES: Hillgren, Koetting, Lawler and Weigand NOES: None ABSENT: Brown, Kramer and Zak ABSTAIN: None 1 of 3 January 26, 2016 Agenda Item No. 12 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 21, 2016 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 DECEMBER 17, 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 THE VILLAGE INN OUTDOOR DINING LAND USE AMENDMENT (PA2015-016) Site Location: 123 and 127 Marine Avenue Continued from December 3, 2015 Summary: A General Plan, Coastal Land Use Plan, and Zoning Code amendment application to change the land use designation from residential to mixed-use for 123 Marine Avenue, which is a residential lot abutting the existing Village Inn restaurant. The land use amendments would allow for both properties to be used for the restaurant use or for other uses allowed in the mixed use district. The application also includes an amendment to a Conditional Use Permit to allow a 240-square-foot outdoor dining area in front of the restaurant at 127 Marine Avenue, within the public right-of-way. At the December 3, 2015 meeting, the Planning Commission voted to recommend denial of the Conditiona Use Permit. The proposed amendments and outdoor dining area requires review and approval by the City Council. CEQA Compliance: The project is categorically exempt under Section 15302, of the State CEQA (California Environmental Quality Act) Guidelines – Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 123 Marine Avenue. The project is also categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines – Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. 2 of 3 Recommended Action: 1. Table consideration of the item, at the request of the applicant. ITEM NO. 3 GOLD STONE PROPERTIES SETBACK DETERMINATION (PA2015-115) Site Location: 2805 W. Balboa Boulevard Summary: A request to establish alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. The proposal is to reduce the required 20-foot front setback area abutting Balboa Boulevard to 5 feet and the 10-foot rear setback area abutting 123 28th Street to 3 feet. The 4-foot side setback areas would increase to 5 feet. CEQA Compliance: The project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Recommended Action: 1. Item has been withdrawn at the request of the Applicant. ITEM NO. 4 ENVIRONMENTAL NATURE CENTER PRESCHOOL (2015-079) Site Location: 745 Dover Drive Summary: A minor use permit to allow a preschool/day care center with approximately 72 students and 10 staff members to operate from 7:00 a.m. to 6:00 p.m., Monday through Friday. The proposed development includes the construction of a 6,498-square-foot facility with classrooms and an administrative building, a 25-space surface parking lot, and landscaped areas on a 1.25-acre vacant lot. A Traffic Study is also required due to the projected increase in vehicle trips resulting from the proposed project pursuant to the City’s Traffic Phasing Ordinance. CEQA Compliance: The project is categorically exempt under Section 15332, of the State CEQA (California Environmental Quality Act) Guidelines - Class 32 (In-Fill Development Projects). Recommended Action: 1. Conduct public hearing; and 2.Adopt Resolution No. ____ approving Minor Use Permit No. UP2015-020 and Traffic Study No. TS2015-001. ITEM NO. 5 ZINQUE CONDITIONAL USE PERMIT (2015-178) Site Location: 3440,3442 and 3446 Via Oporto Summary: A conditional use permit to allow a food service eating and drinking establishment, Zinque, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and an outdoor dining patio. The establishment would be located in a suite previously occupied by a restaurant and an abutting suite previously occupied by a general retail store. Pursuant to NBMC 5.25, the proposed operation requires the owner/operator to obtain an Operator License from the Newport Beach Police Department if the new Conditional Use Permit is approved. If approved, this Conditional Use Permit will supersede entitlement permits associated with the previous restaurant which include Conditional Use Permit No. UP2020 and UP2020A, Accessory Outdoor Dining Permit No. OD0043 and Planning Director's Use Permit No. UPD013. CEQA Compliance: 3 of 3 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 public hearing; and 2.Adopt Resolution No. ____ approving Conditional Use Permit No. UP2015-042. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR’S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2.Update on City Council Items ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT