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Home My WebLink About19 - Planning Commission AgendaMICHAEL TOERGE JEFFREY COLE BARRY EATON PLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, April 22, 2004 Regular Meeting - 6:30 p.m. EARL MCDANIEL Chairman ED SELICH STEVE KISER LARRY TUCKER City Council Meeting April 27, 2004 Agenda Item No. 19 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: PATRICIA TEMPLE, Planning Director JAMES CAMPBELL, Senior Planner NOTICE TO THE PUBLIC GINGER VARIN, Planning Commission Secretary RICH EDMONSTON, Transportation & Development Services Manager ROBIN CLAUSON, Assistant City Attorney 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: http://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 April 22, 2004 @ 6:30 p.m. CALL TO ORDER 6:30 p.m. 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. REQUEST FOR CONTINUANCES: CONSENT CALENDAR Notice to the Public All matter(s) listed under CONSENT CALENDAR (Item 1) is considered by the Commission to be routine and will all be enacted by one motion in the form listed below. The Planning Commission Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Commission votes on the motion unless members of the Commission, staff or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chairman, state their name and Consent Calendar Item number. ITEM NO. 1. SUBJECT: Minutes of the adjourned and regular meeting of April S, 2004. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 2 John Blom Photography Mural SUBJECT: 3732 E. Coast Highway SUMMARY: Appeal of the Planning Director's determination that the mural located on the west elevation of the building occupied by John Blom Photography is a sign subject to applicable sign regulations. ACTION: Uphold the determination of the Planning Director that the mural in question is a sign. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS TAPE 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.) ITEM NO. 3. SUBJECT Random Interactive, Inc (Josh Slocum's Dinner & Supper Club) SUMMARY: Request to expand a legal nonconforming restaurant by increasing the occupancy and to allow live entertainment and dancing nightclub. The request also includes a modification of minimum parking requirements for on and off -site. ACTION: Staff requests that this item be continued to May 6, 2004 to allow additional time for staff analysis. ITEM NO. 4. SUBJECT Local Coastal Program (LCP) Land Use Plan — LCP Amendment No. 2004 -001 (PA 2003 -093) SUMMARY: The proposed amendment is a comprehensive update of the Land Use Plan of the City of Newport Beach Local Coastal Program. The land use plan indicates the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions, for the use of land and water in the coastal zone within the City of Newport Beach. ACTION: Conduct the public hearing; adopt Resolution recommending approval of LCP Amendment No. 2004 -001 to the City Council. ITEM NO. 6. SUBJECT: City of Newport Beach (PA2004 -028) SUMMARY: An amendment to Title 20 of the Municipal Code to review procedures for appeals and calls for review. ACTION: Conduct the public hearing; adopt Resolution recommending approval of Amendment No. 2004 -002 to the City Council. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Oral report from Planning Commission's representative to the Economic Development Committee - c) Report from Planning Commission's representatives to the General Plan Update Committee - d) Report from Planning Commission's representative to the Local Coastal Plan Update Committee - e) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - f) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - g) Status Reports on Planning Commission requests - h) Project status - i) Requests for excused absences - ADJOURNMENT CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 April 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple, Planning Director SUBJECT: Planning Commission Agenda —April 22, 2004 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of April 8, 2004, were amended and approved. (6 Ayes, 1 Abstain) Item 2: Planning Director's determination that a mural located on the west elevation of the 3732 E. Coast Highway building was a sign as defined by the Zoning Code was upheld. The Planning Commission instructed that removing certain components of the sign would cause it to not meet the definition of a sign but be a mural which is not regulated by the Zoning Code. (All Ayes) The Planning Commission discussion centered on the relationship of the depictions within the wall art and the products and services offered within the building. It was felt that, by removing the clothesline and clips from the depiction, it became a gallery of photos of Corona del Mar landmarks, making a mural and not a sign. Item 3: Use Permit No. 2003 -036 (PA2003 -220) regarding Josh Slocum's Dinner and Supper Club was continued to May 6, 2004 at the request of staff to allow additional time for staff analysis. (All Ayes) Item 4: The Local Coastal Program Land Use Plan [LCP Amendment No. 2004 -001 (PA2003- 093)], was recommended for approval and is automatically forwarded to City Council. (All Ayes) The Planning Commission reviewed the 66 pages of responses to comments received on the draft LCP, receiving addition al testimony and discussing some in detail. The Commission staff to draft two minor changes to the water quality policies and a change to the policy on the conversion of public streets to private streets. Item 5: Proposed revision of the Appeal and Call for Review Procedures [Code Amendment No. 2004 -002 (PA2004- 028)], was amended and recommended for approval and is automatically forwarded to City Council. (All Ayes) (Title of Report) (Meeting Date) Page 2 The Planning Commission questioned the desirability and need to change the number of Commissioners needed to appeal a staff approval and, therefore, recommended that no change be made in that part of the Code. It was felt that with this change, the 14 day appeal period could be maintained if the Code included a process whereby two Council members could appeal a decision in the absence of a meeting within the appeal period. Submitted by: Patricia L. Temple Planning Director