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HomeMy WebLinkAbout0.0_Agenda (2)PLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, September 17, 2009 Regular Meeting - 6:30 p.m. ROBERT HAWKINS Chairperson SCOTT PEOTTER CHARLES UNSWORTH BARRY EATON EARL MCDANIEL MICHAEL TOERGE BRADLEY HILLGREN Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are: DAVID LEPO, Planning Director GINGER VARIN, Planning Commission Secretary PATRICK ALFORD, Planning Manager TONY BRINE, City Traffic Engineer MICHAEL TORRES, Deputy City Attorney NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. Staff reports or other written documentation have been prepared for each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Planning Department staff at (949) 644 -3200. The agendas, minutes and staff reports are also available on the City's web site. The address is: hftp://www.city.newport-beach.ca.us/. It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Ginger Varin, Planning Commission Secretary at (949) 644 -3232, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. APPEAL PERIOD: Use Permit, Variance, Site Plan Review, Resubdivision, and Modification applications do not become effective until 14 days after the date of approval, during which time an appeal may be filed with the City Council. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. 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. NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, September 17, 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 August 20, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO.2 Port Restaurant & Bar (PA2009 -080) 440 Heliotrope Avenue SUMMARY: An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation by extending the closing time to 1:00 a.m., and providing lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION: 1) Conduct public hearing; and 2) Adopt Resolution denying an amendment to Use Permit No. 1566 and denying Off -Site Parking Agreement No. OP 2009-003. (Attachment No. PC 1) NEW BUSINESS ITEM NO.3 Goldring Residence (PA2009 -070) 309 Lindo Avenue SUMMARY: The application is for a proposed single -unit dwelling with the following deviations from the Zoning Code requirements: 1) A request for a variance to exceed the maximum floor area limit by approximately 400 square feet and a waiver of the open space requirement. 2) A modification permit to allow the dwelling to encroach 10 inches into the required 3 -foot side yard setback and 1 foot into the required 10 -foot front yard setback. 3) A use permit to exceed the 24 -foot height limit by approximately 3 feet with the midpoint of the proposed pitched roof. CEQA COMPLIANCE: The project is categorically exempt under Section 15302, of the California Environmental Quality Act (CEQA) Guidelines - Class 2 (Replacement or Reconstruction). ACTION: 1) Conduct a public hearing; and 2) Adopt a resolution disapproving Variance No. VA2009 -001, Modification Permit No. MD2009 -021, and Use Permit No. UP2009- 029 (Attachment PC 1). ADDITIONAL BUSINESS ITEM NO.4 City Council Follow -up. ITEM NO. 5 Planning Commission reports. 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