The URL can be used to link to this page

Home My WebLink About17 - Planning Commission Agenda - 05-06-2004CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 May 11, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple, Planning Director 949 - 644 -3228; ptemple @city.newport - beach.ca.us SUBJECT: Planning Commission Agenda —May 6, 2004 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of April 22, 2004 were amended and approved. (6 Ayes, 1 Abstain) Item 2: Use Permit No. 3679 and Traffic Study No. 2003 -001 (PA2003 -122), regarding Newport Technology Center, were approved and are subject to appeal or call up by the City Council. (All Ayes) This project is a request to add office use to those currently allowed on the site, which is currently limited to research and development. Approvals included a new Traffic Study pursuant to the Traffic Phasing Ordinance (TPO), and an amendment to the Use Permit revising conditions of approval related to use and building occupancy, and approving the existing building bulk on the site. Discussion centered on the project's compliance with the General Plan Land Use Element and M -1 -A Zoning District. Additionally issues were raised by neighbors on compliance with construction noise and hours limitations, and the adequacy of the existing landscaping. After discussion, the Planning Commission concluded that the proposal was consistent with the General Plan and Zoning because both the General Industry use classification in the Land Use Element and the permitted uses list in the M -1 -A Zoning District list offices as permitted as a permitted use with no requirement that they be accessory or ancillary to any other use. The Commission also imposed an additional condition of approval to enhance the landscaping on an existing fence along Dana Road. Staff was directed to conduct a code compliance investigation on the noise and construction hours violations reported. Plan ningshared -plann ingcom miss ion- pcagendarpt Planning Commission Agenda — May 6, 2004 May 11, 2004 Page 2 Item 3: Use Permit No. 3607 (PA2004 -058), regarding Blackie's by the Sea, was approved and is subject to appeal or call up by the City Council. (All Ayes) Blackie's by the Sea requested an extension of business hours from 11:00 AM - 11:00 PM Sunday through Thursday and 10:00 AM — Midnight Friday and Saturday to 10:00 AM — 1:00 AM daily. After receiving public testimony, the Planning Commission approved the request. Item 4: Use Permit No. 2003 -036 (PA2003 -220) regarding Josh Slocum's Dinner and Supper Club was partially approved and is subject to appeal or call up by the City Council. (All Ayes) This request is to increase the occupancy limit for the existing restaurant and add a nightclub operation, with live entertainment and dancing, after 9:00 PM daily. Public testimony included concerns regarding noise from amplified music, increased crime in the area and the level of building occupancy for the nightclub operation. After discussion, the Planning Commission approved the restaurant portion of the application and denied the nightclub portion of the application. Item 5: An amendment to Districting Map No. 25 to establish a 10 -foot setback for 3315 Clay Street (PA2004 -006) was recommended for approval and is automatically forwarded to the City Council. (All Ayes) Prepared and submitted by: pa—)�A a - U Q Patricia Temple, Plani ing Director NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard May 6, 2004 Agenda Item No. 17 May 11, 2004 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 and 1 B) 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 22, 2004. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 2. SUBJECT Newport Technology Center (PA2003 -122) 500 Superior Avenue SUMMARY: Request to amend Use Permit No. 3679 to lease 50% of the newly constructed Newport Technology Center for general office uses with the remaining 50% of floor area leased for research and development uses. The amendment also includes a request to exceed the allowable building bulk standards that was not considered in 2001 prior to the construction of Newport Technology Center. The item also includes Traffic Study No. 2003 -001 pursuant to the Traffic Phasing Ordinance. ACTION: Conduct the public hearing and approve an amendment to Use Permit No. 3679 and approve Traffic Study No. 2003 -001 subject to findings and conditions of approval. 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: Blackie's by the Sea (PA2004 -058) 2118 W. Ocean Front SUMMARY: Request to amend Use Permit No. 3607 to extend the closing time for a bar to 1:OOAM seven days a week. ACTION: Conduct the public hearing and approve, modify or deny the requested amendment to the hours of operation. ITEM NO. 4. SUBJECT: Josh Slocum's (PA2003 -220) 2601 W. Coast Highway SUMMARY: Request a Use Permit to expand a legal nonconforming restaurant by providing periodic lunch service, increasing the occupancy and allowing a nightclub operation with live entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also includes a modification of minimum parking requirements since the use does not provide code required parking. ACTION: Conduct the public hearing either approve Use Permit No. 2003 -036 as proposed by the applicant or approve a modified project without the proposed nightclub. Either action would be subject to findings and conditions of approval. ITEM NO. 5. SUBJECT: Districting Map No. 25 Amendment (PA2004 -066) 3315 Clay Street SUMMARY: Amendment to Districting Map No. 25 to establish a 10 -foot setback for 3315 Clay Street from Orange Avenue. ACTION: Conduct the public hearing and adopt a resolution recommending approval of Code Amendment No. 2004 -003 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