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Home My WebLink About26 - Planning Commission Agenda - 6-19-2008CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 26 June 24, 2008 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 June 19, 2008 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated April 17, 2008 Summary: Approved as amended and ordered filed. (6 Ayes, 1 Absent) Item No. 2 Minutes dated June 5, 2008 Summary: Continued to July 17, 2008 meeting. (6 Ayes, 1 Absent) Item No. 3 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way Summary: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. This item was continued to the July 17, 2008 meeting at the request of the City Attorney to complete a settlement discussion. (5 Ayes, 1 Abstain, 1 Absent) Item No. 4 Housing Element (PA2008 -078) Summary: The Housing Element contains goals, polices, and programs related to the development, maintenance, and improvement of the City's housing stock. Additionally, it includes identification of the adopted Regional Housing Needs Assessment (RHNA), housing opportunities, and constraints with particular attention given to providing housing for people at all income levels. Discussion: Following a presentation by Consultant Linda Tatum of PBS &J, the Commission heard testimony from six members of the public, including affordable housing advocates. The Commission recommended a change to Policy H3.12 to allow more flexibility not limiting incentives to those required by state law. The item was recommended for approval as modified. (6 Ayes, 1 Abstain) Item No. 5 Santa Barbara Condominiums (PA2004 -169) 900 Newport Center Drive Summary: Lennar Homes proposes to enter into a development agreement with the City of Newport Beach for the previously approved development of 79 residential Page 2 condominiums on a 4.25 acre site presently developed with tennis courts operated by the adjacent Newport Beach Marriott Hotel. This item was continued to July 17, 2008 meeting at the request of the new developer, Scala Real Estate Partners, to allow them time to review and accept the proposed development agreement (5 Ayes, 1 Abstain, 1 Absent) Item No. 6 Powers Residence (PA2007 -176) 2223 Pacific Drive Summary: Modification Permit to exceed the three -foot height limitation in the front yard setback to allow for a vehicular- bridge driveway, for guard - railings associated with the vehicular -bridge driveway, and for walls located at the side property lines. This item was continued to the July 17, 2008 meeting at the request of the applicant. (5 Ayes, 1 Abstain, 1 Absent) Item No. 7 AERIE Project (PA2005 -196) 201 -205 & 207 Carnation Avenue & 101 Bayside Place Summary: Adopting a Mitigated Negative Declaration and project approval, which is an 8 -unit condominium building located on the comer of Ocean Boulevard and Carnation Avenue. Discussion: Senior Planner Jim Campbell presented the staff report and answered questions regarding response to comments on the draft Mitigated Negative Declaration. Architect Brion Jeanneatte presented a overview of the revised project design. The Commission heard testimony from an attorney representing adjacent property owners and a representative of SPON. The Commission modified conditions regarding the operation of the parking elevators, the driveway width, the mooring of vessels during unsafe conditions, and the visual appearance of the dock exit door. The item was recommended for approval as modified. (6 Ayes, 1 No) Item No. 8 General Plan Progress Report (PA2007 -195) Summary: Consideration of the General Plan Annual Progress Report. Assistant Planner Melinda Whelan presented the General Plan Annual Progress Report as required by State Law. The Commission recommended the report to the City Council, Office of Planning and Research, and Department of Housing and Community Development. (All Ayes) Prepared and submitted by: Patrick J. Alford, Planni g Manager Planning: shareMiPlanning Commissionlpcagendarpt.doc Agenda Item No. 26 June 24, 2008 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard June 19, 2008 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. ITEM NO.1 Minutes dated April 17, 2008 ACTION: Approve as written and order filed. ITEM NO.2 Minutes dated June 5, 2008 ACTION: Approve as written and order filed. OLD BUSINESS ITEM NO. 3 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way SUMMARY: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018 ACTION: Staff recommends this item be continued to July 17, 2008. CEQA COMPLIANCE: The proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). Any writings or documents provided to a majority of thePlanning Commission regarding any item on this agenda will be made available for public inspection in the Planning Department located at3300 Newport Blvd., during normal business hours. PUBLIC HEARINGS ITEM NO.4 Housing Element (PA2008 -078) SUMMARY: The Housing Element contains goals, polices and programs related to the development, maintenance and improvement of the City's housing stock. Additionally, it includes identification of the adopted Regional Housing Needs Assessment (RHNA), housing opportunities and constraints with particular attention given to providing housing for people at all income levels. ACTION: Discuss draft Housing Element and provide comments and recommend any changes to the City Council. CEQA COMPLIANCE: This hearing is informational only and no action is to be taken at this time. Prior to formal adoption, CEQA documents will be prepared and required hearings held. ITEM NO. 5 Santa Barbara Condominiums (PA2004 -169) 900 Newport Center Drive SUMMARY: Lennar Homes proposes to enter into a development agreement with the City of Newport Beach for the previously approved development of 79 residential condominiums on a 4.25 acre site presently developed with tennis courts operated by the adjacent Newport Beach Marriott Hotel. ACTION: Staff requests this item be continued to July 17, 2008 as the Lennar Homes of California, Inc. have announced that they have assigned their interest in the Santa Barbara Condominiums project to Scala Real Estate Partners. CEQA COMPLIANCE: A Negative Declaration has been prepared by the City of Newport Beach that states the subject development will not result in a significant effect on the environment. ITEM NO. 6 Powers Residence (PA2007 -176) 2223 Pacific Drive SUMMARY: Modification Permit to exceed the three -foot height limitation in the front yard setback to allow for a vehicular- bridge driveway, for guard - railings associated with the vehicular- bridge driveway, and for walls located at the side property lines. ACTION: 1) Conduct public hearing; 2) Deny Modification Permit No. MD2008 -020 with the findings in the attached resolution. 3) Provide direction to the Planning Department on the proposed project's consistency with the Residential Design Criteria (Ordinance No. 2007 -3) and General Plan and Coastal Land Use Plan (CLUP) policies. CEQA COMPLIANCE: The project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). ITEM NO. 7 AERIE Project (PA2005 -196) 201 -205 & 207 Carnation Avenue & 101 Bayside Place SUMMARY: Adopting a Mitigated Negative Declaration and project approval, which is an 8 -unit condominium building located on the corner of Ocean Boulevard and Carnation Avenue. ACTION: 1) Conduct public hearing; and 2) Adopt resolution recommending City Council adopt the MND and approval of the project (Exhibit #1) CEQA COMPLIANCE: The Mitigated Negative Declaration states that the subject development will not result in a significant impact on the environment NEW BUSINESS ITEM NO. 8 General Plan Progress Report (PA2007 -195) SUMMARY: Consideration of the General Plan Annual Progress Report. ACTION: Review, provide comment, and direct staff to submit the General Plan Annual Progress Report to City Council, Office of Planning and Research (OPR), and Department of Housing and Community Development (HCD). CEQA COMPLIANCE: Not subject to CEQA, as the actions is not a project as defined in Section 15378(b) (2) of the Public Resources Code. ITEM NO. 9 City Council Follow -up. ITEM NO. 10 Planning Commission reports. ITEM NO. 11 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ADJOURNMENT: