The URL can be used to link to this page

Home My WebLink About08 - Planning Commission Agendaw 0 TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 8 March 13, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt(a)newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(@newportbeachca.gov APPROVED:..ia TITLE: Planning Commission Agenda Report for March 8, 2012 Study Session Item No. 1 Newport Banning Ranch (PA2008 -114) Summary: Newport Banning Ranch: Draft Environmental Impact Report This is the fourth study session 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. Unless otherwise directed by the Planning Commission, this will be the last study session on the proposed project. Planning Manager Patrick Alford introduced Dana Privitt from Bonterra Consulting who prepared the Environmental Impact Report on behalf of the City. Ms. Privitt provided an overview of the environmental analysis and the findings. Ann Johnston from Bonterra Consulting concluded the presentation by detailing the biological study including the methodology, thresholds of significance, findings, and mitigation measures. Public comments were received. The public hearing for the Planning Commission to consider the project is scheduled for March 22, 2011. Regular Meeting Item No. 1 Minutes of February 23, 2012, Study Session The minutes were amended and approved (4 ayes, 1 abstention, 1 excused). Planning Commission Agenda Report for March 8, 2012 March 13, 2012 Page 2 AYES: Kramer, Myers, Toerge, Tucker NOES: None. ABSENT: Hillgren, ABSTAIN: Ameri Item No. 2 Minutes of February 23, 2012 The minutes were amended and approved (4 ayes, 1 abstention, 1 excused). AYES: Kramer, Myers, Toerge, and Tucker. NOES: None. ABSENT: Hillgren, ABSTAIN: Ameri Item No. 3 Alternative Setback Determination - (PA2012 -015) 211 Orchid Avenue Summary: The applicant is requesting an alternative setback determination for property located at 211 Orchid Avenue to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: • Front - 10 feet (adjacent to Orchid Avenue) • Side — 8 feet (adjacent to 3528 Ocean Boulevard) • Side — 5 feet (adjacent to alley) • Rear — 4 feet (opposite Orchid Avenue) Assistant Planner Kay Sims provided the staff report which included an analysis of the setbacks and floor area of neighboring development. To maintain the neighborhood character and create developable area similar to other properties in the neighborhood, staff recommended the following setbacks: • Front - 20 feet (adjacent to Orchid Avenue) • Side — 4 feet (adjacent to 3528 Ocean Boulevard) • Side — 5 feet (adjacent to alley) • Rear — 4 feet (opposite Orchid Avenue) The applicant's representative offered testimony indicating there were similar properties and previous approvals by the City which would support the requested setbacks. Public comments were received. Following Planning Commission discussion of various setback options and floor area limits, the Planning Commission voted to continue the item to April 5, 2011 to allow the applicant and staff to explore alternatives (4 ayes, 1 noe, 1 excused). AYES: Ameri, Kramer, Myers, and Toerge NOES: Tucker. ABSENT: Hillgren. ABSTAIN: None. Planning Commission Agenda Report for March 8, 2012 March 13, 2012 Page 3 Item No. 4 Height of Fences, Hedges, Walls and Retaining Walls Code Amendment No. CA2012 -001 (PA2012 -018) Summary: The City adopted a comprehensive update of the Zoning Ordinance in October 2010. The provisions establishing how the height of height of fences, hedges, walls and retaining walls were changed in low lying areas, principally Balboa Island, West Newport and the Balboa Peninsula. The change has created taller fences and walls in setback areas warranting review and possible changes. Principal Planner Jim Campbell summarized the proposed amendment which was initiated by the City Council in late 2011. The Planning Commission suggested it would beneficial to get input from local architects /developers on the proposed changes. Mr. Campbell indicated he would circulate the amendment to the community which participated in the Zoning Code update prior to presenting the item to the City Council. Following discussion by the Planning Commission, they voted unanimously to recommend to the City Council approval of the requested amendment (5 ayes, 1 excused). AYES: Ameri, Kramer, Myers, Toerge and Tucker. NOES: None. ABSENT: Hillgren. ABSTAIN: None. Submitted by: Agenda Item No. 8 March 13, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, March 8, 2012 REGULAR MEETING 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. 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. REQUEST FOR CONTINUANCES F. CONSENT ITEMS ITEM NO. 1 Minutes of February 23, 2012, Study Session ACTION: Approve and file. ITEM NO. 2 Minutes of February 23, 2012 ACTION: Approve and file. G. 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 (1) 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 al 3300 Newport Boulevard, during normal business hours. ITEM NO.3 Alternative Setback Determination - (PA2012 -015) 211 Orchid Avenue SUMMARY: The applicant is requesting an alternative setback determination for property located at 211 Orchid Avenue to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: • Front - 10 feet (adjacent to Orchid Avenue) • Side - 8 feet (adjacent to 3528 Ocean Boulevard) • Side - 5 feet (adjacent to alley) • Rear - 4 feet (opposite Orchid Avenue) CEQA COMPLIANCE: The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which consists of minor alterations in land use limitations in areas with an average slope of less than twenty (20 %) percent, which do not result in any changes in land use or density, including but not limited to: minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcel. The Alternative Setback Determination does not constitute a major change which would require environmental review. ACTION: 1) Conduct public hearing; and 2) Approve Staff Approval No. SA2012 -002 with the attached Resolution and Alternative Setback Determination letter (Attachment No. PC 1) that would establish the following recommended setbacks: Front - 20 feet (adjacent to Orchid Avenue) • Side — 4 feet (adjacent to 3528 Ocean Boulevard) • Side — 5 feet (adjacent to alley) • Rear - 4 feet (opposite Orchid Avenue) ITEM NO.4 Height of Fences, Hedges, Walls and Retaining Walls Code Amendment No. CA2012 -001 (PA2012 -018) SUMMARY: The City adopted a comprehensive update of the Zoning Ordinance in October of 2011. The provisions establishing how the height of height of fences, hedges, walls and retaining walls were changed in low lying areas, principally Balboa Island, West Newport and the Balboa Peninsula. The change has created taller fences and walls in setback areas warranting review and possible changes. CEQA COMPLIANCE: All significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Initial Study /Negative Declaration for the Zoning Code Update), and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no mitigation measures that should be considered in conjunction with said project. Copies of the Initial Study /Negative Declaration for the Zoning Code Update are available for public review and inspection at the Planning Division at City Hall. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending adoption of Code Amendment No. CA2012 -001. H. NEW BUSINESS I. 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