HomeMy WebLinkAbout13 - Planning Commission AgendaCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No 13
May 26, 2009
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
David Lepo, Planning Director
949 -644 -3228, dlepo @city newport- beach.ca.us
SUBJECT. Planning Commission Agenda for May 21, 2009
Report of the actions of the Planning Commission Meeting
Item No 1 Minutes dated March 19, 2009
Summary: Approved as amended and ordered filed. (6 Ayes, 1 Absent)
Item No. 2 Moriarty Residence (PA2008 -207)
2128 Mesa Drive
Summary: An appeal by the applicant, Richard Moriarty, of the Zoning Administrator approval
of a parcel map to consolidate existing portions of lots and parcels into a single
parcel of land for single- family development. The applicant requests relief from
conditions of approval relating to Coastal Commission approval and the
ingress/egress access easement
The applicant requested a continuance for an additional 90 days in order to
complete negotiations with the County and an adjacent property owner.
This item was continued to August 13, 2009 (6 Ayes. 1 Absent)
ITEM NO. 3 AERIE Condominiums (PA2005 -196)
201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar at the
corner of the intersection of Ocean Blvd. & Carnation Ave
SUMMARY: The demolition of an existing 14 -unit apartment building and a single - family home
and the construction of a 6- level, 8 -unit multiple- family residential condominium
complex with subterranean parking on a 1 4 acre site located bayward of the
intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan,
Coastal Land Use Plan and Zoning Designations of a small portion of the site (584
square feet) would be changed to be consistent with the larger portion of the site
(from two- family residential to multi - family residential) The application includes a
tentative tract map for the creation of eight (8) condominium units for individual sale
The Modification Permit application requests the encroachment of subterranean
portions of the building within the front and side yard setbacks and above grade
encroachments of portions of the proposed building, including protective guardrails
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into the front and side yard setbacks. Lastly, the Coastal Residential Development
Permit application relates to replacement of demolished apartments occupied by
low or moderate income households. No units meeting these criteria are known to
exist, and therefore, no replacement of affordable housing units is required.
A Draft Environmental Impact Report (DEIR) (SCH#2007021054) has been
prepared by the City of Newport Beach in connection with the application. The
DEIR concludes that the proposed project may have a significant effect on the
environment on Air Quality, Land Use, Noise, Traffic/Circulation, Aesthetics,
Drainage and Hydrology, Public Health and Safety, Cultural Resources. Soils and
Geology, and Biological Resources.
Following a report from staff and a presentation by the applicant, the Commission
received public comments Seven members of the public spoke in support of the
project. four spoke in opposition, and three others commented without expressing
an opinion The Commission continued this item to allow additional time to review
the response to comments on the draft environmental impact report, the action by
the Harbor Commission, and information on possible project alternatives.
This item was continued to June 4, 2009 (5 Ayes, 1 No, and 1 Absent)
ITEM NO. 4 Newport Healthcare Center, LLC (PA2009 -017)
500 -540 Superior Avenue
SUMMARY: An appeal of the Zoning Administrator's decision to deny Modification Permit No.
2009 -004, which would have allowed mufti- tenant directory, directional, and kiosk
signs to exceed the maximum sign area and height limitations of an existing
comprehensive sign program (CS2008 -010)
The Commission received a report by staff and a presentation by the applicant.
After a discussion on potential lighting impacts, the Commission reversed the
decision of the Zoning Administrator and approved the Modification Permit
This item was approved (6 Ayes. 1 Absent)
ITEM No. 5 Newport Bay Hospital (PA2009 -037)
1501 E 16th Street
SUMMARY A use permit application to allow the retention of a 1,327- square -foot modular
building that serves as a meeting room and two administrative offices for an existing
hospital_ The subject building was previously approved by Use Permit No 2005 -045
and is required to be removed no later than June 30. 2009 The request is to allow
the building to remain until October 31, 2021, which coincides with the termination
of the current property lease
The Planning Director requested that this item be removed from calendar The
Planning Director will make a determination on the authorization of the proposed
temporary structure pursuant to Section 20 60.015 C of the Zoning Code
(Temporary Structures and Uses in Excess of 90 Days).
Planning shared%Planning Commiswom2009 -0521 PCagenda rpt doc
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This item was removed from calendar (5 Ayes, 1 No, and 1 Absent)
ITEM No, 6 Santa Ana Heights Horse Licensing Code Amendment Initiation
SUMMARY: The project is the initiation of a code amendment to Title 20 (Zoning Code) of the
Newport Beach Municipal Code pertaining to the licensing of horses within the
Residential Equestrian District (REQ) of the Santa Ana Heights Specific Plan
District.
The Commission only had a few questions on the process. There were no
comments from the public.
This item was approved (6 Ayes, 1 Absent)
Prepared and submitted by
Patrick J. Al ord. Planning anager
Planning sharedeannmg Commrsslon12O09 -0521 PCagenda rpt dao
Agenda Item No. 13
May 26, 2009
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers - 3300 Newport Boulevard
Thursday, May 21, 2009
REGULAR MEETING
6:30 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
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 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:
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS
MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies when three
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 Planning Department located at 3300 Newport
Blvd., during normal business hours.
ITEM NO. 1 Minutes of March 19, 2009
ACTION: Approve and file.
PUBLIC HEARINGS
ITEM NO. 2 Moriarty Residence (PA2008 -207)
2128 Mesa Drive
SUMMARY: An appeal by the applicant, Richard Moriarty, of the Zoning Administrator approval
of a parcel map to consolidate existing portions of lots and parcels into a single
parcel of land for single - family development. The applicant requests relief from
conditions of approval relating to Coastal Commission approval and the
ingressfegress access easement.
ACTION: Continue for 90 days.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15315, of the California
Environmental Quality Act (CEQA) Guidelines - Class 15 (Minor Land Divisions).
ITEM NO. 3 AERIE Condominiums (PA2005 -196)
201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar at the
corner of the intersection of Ocean Blvd. & Carnation Ave.
SUMMARY: The demolition of an existing 14 -unit apartment building and a single - family home
and the construction of a 6- level, 8 -unit multiple - family residential condominium
complex with subterranean parking on a 1.4 acre site located bayward of the
intersection of Ocean Boulevard and Carnation Avenue. The existing General
Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the
site (584 square feet) would be changed to be consistent with the larger portion of
the site (from two- family residential to multi - family residential). The application
includes a tentative tract map for the creation of eight (8) condominium units for
individual sale. The Modification Permit application requests the encroachment of
subterranean portions of the building within the front and side yard setbacks and
above grade encroachments of portions of the proposed building, including
protective guardrails into the front and side yard setbacks. Lastly, the Coastal
Residential Development Permit application relates to replacement of demolished
apartments occupied by low or moderate income households. No units meeting
these criteria are known to exist, and therefore, no replacement of affordable
housing units is required.
A Draft Environmental Impact Report (DEIR) (SCH #2007021054) has been
prepared by the City of Newport Beach in connection with the application. The
DEIR concludes that the proposed project may have a significant effect on the
environment on Air Quality,, Land Use, Noise, Traffic /Circulation, Aesthetics,
Drainage and Hydrology, Public Health and Safety, Cultural Resources, Soils and
Geology, and Biological Resources.
ACTION: 1) Conduct public hearing; and
2) Consider the draft Environmental Impact Report (DEIR), comments and
responses to comments; and
3) Adopt the attached draft resolution recommending City Council certification
of the DEIR and approval of the project.
CEQA
COMPLIANCE: All other environmental effects were determined to be less than significant or have
no impact and were also addressed in the DEIR. The DEIR has been prepared in
accordance with the California Environmental Quality Act of 1970 (CEQA), as
amended (Public Resources Code Section 21000 et seq.), and the State CEQA
Guidelines for Implementation of CEQA (California Code of Regulations, Title 14,
Section 15000 et seq.).
ITEM NO. 4 Newport Healthcare Center, LLC (PA2009 -017)
500 -540 Superior Avenue
SUMMARY: An appeal of the Zoning Administrator's decision to deny Modification Permit No.
2009 -004, which would have allowed multi- tenant directory, directional, and kiosk
signs to exceed the maximum sign area and height limitations of an existing
comprehensive sign program (CS2008 -010).
ACTION: 1) Conduct public hearing; and
2) Deny the appeal and uphold and affirm the decision of the Zoning
Administrator and deny Modification No. 2009 -017, subject to the findings
included within the attached draft resolution.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15300, of the California
Environmental Quality Act (CEQA) Guidelines — Class 11 (Accessory Structures).
ITEM NO. 6 Newport Bay Hospital (PA2009 -037)
1501 E. 16th Street
SUMMARY: A use permit application to allow the retention of a 1,327- square -foot modular
building that serves as a meeting room and two administrative offices for an existing
hospital. The subject building was previously approved by Use Permit No. 2005 -045
and is required to be removed no later than June 30, 2009. The request is to allow
the building to remain until October 31, 2021, which coincides with the termination of
the current property lease.
ACTION: Remove from calendar. The Planning Director will make a determination on the
authorization of the proposed temporary structure pursuant to Section 20.60.015.0
of the Zoning Code (Temporary Structures and Uses in Excess of 90 Days.).
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303 of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
ITEM NO. 6 Santa Ana Heights Horse Licensing Code Amendment Initiation
SUMMARY: The project is the initiation of a code amendment to Title 20 (Zoning Code) of the
Newport Beach Municipal Code pertaining to the licensing of horses within the
Residential Equestrian District (REQ) of the Santa Ana Heights Specific Plan
District.
ACTION: 1) Conduct public hearing; and
2) Adopt resolution of intent initiating the amendment to Title 20 of the Newport
Beach Municipal Code
CEQA
COMPLIANCE: None required for the initiation of amendments.
NEW BUSINESS
ITEM NO. 7 City Council Follow -up.
ITEM NO. 8 Planning Commission reports.
ITEM NO. 9 Announcements on matters that Commission members would like placed on a
future agenda for discussion, action, or report.
ITEM NO. 10 Request for excused absences.
ADJOURNMENT