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Home My WebLink About23 - Planning Commission Agenda - 6-21-07CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 23 June 26, 2007 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 21, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of May 17, 2007 were approved as corrected. (5 Ayes, 2 Excused) Item 2: The minutes of June 7, 2007 were approved as written. (5 Ayes, 2 Excused) Item 3: 3 Thirty 3 Waterfront (PA2007 -004) 333 Bayside Drive An application for an Accessory Outdoor Dining Permit to allow the construction and operation of a 636 square foot outdoor dining area in conjunction with the existing full - service restaurant. At the June 7"' meeting, Planning Commissioners heard testimony from nearby residents on Linda Isle about existing noise problems at 3 Thirty 3 that include loud conversations during outdoor cigarette breaks and shouts from patrons lingering in the parking lot. Planning Commissioners directed staff to prepare a resolution for approval containing specific operational and structural noise attenuation measures. The intent was to address existing as well as projected future noise transmission associated with the proposed outdoor patio. After eleventh hour requests for additional mitigation measures were received from Linda Isle neighbors before Thursday's meeting, the Planning Commission included these in the revised resolution for approval. The majority of residents in attendance seemed to agree that the Commission's proposed measures would be effective. The item was approved. (3 Ayes, 2 Noes, 2 Excused) Page 2 Item 4: Code Amendment 2007 -005 Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to revise definitions, land use classifications, and regulations relating to group occupancies and short -term lodgings? Planning Commissioners received an introduction to the primary legal considerations in drafting effective regulations for group occupancies from outside counsel Polly Marshall. Senior Planner Patrick Alford presented the staff report and the highlights of the draft ordinance. Planning Commissioners questioned at length all aspects of the proposed ordinance and the basis for outside counsel's recommendations on regulatory means such as the potential to require minimum spacing between licensed residential care facilities. Attorneys representing residents of West Newport and the Balboa Peninsula and the corporate owner of Sober Living by the Sea presented arguments for and against regulation of residential care facilities. Adrienne Taber, attorney for the residents, presented a summary of suggested regulatory measures residents want the City to adopt. After receiving testimony from the many residents in attendance, and after further discussion of potential for stricter and more far - reaching measures in the proposed ordinance, Planning Commissioners directed staff to review Ms. Taber's summary and incorporate those measures in the summary that appear to pass legal muster into the City's draft ordinance. Planning Commission also directed the City's legal counsel to report on the reasons that any of the measures proposed by Ms. Taber should not be included in the draft ordinance. This item was continued to July 19, 2007. (6 Ayes, 1 Excused) Item 5: Zinc Cafe and Market 3222 East Coast Highway Should the Planning Commission accept the annual review of Use Permit No. 2001 -040, deem the operation of Zinc Cafe and Market in compliance with the conditions of approval, and require no further annual review by deleting Condition No. 36 of Planning Commission Resolution No. 1627? This item was approved. (5 Ayes, 2 Excused) Prepared and submitted by: Planning: shared\Planning Commission\pcagendarpt.doc Agenda Item No. 23 June 26, 2007 • NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard June 21, 2007 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 Dignifies 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. HEARING ITEMS ITEM NO. 1 Minutes dated May 17, 2007 Continued from meeting of June 7, 2007 ACTION: Approve as written and order filed. ITEM NO. 2 Minutes dated June 7, 2007 ACTION: Approve as written and order filed. ITEM NO. 3 3 Thirty 3 Waterfront (PA2007 -004) 333 Bayside Drive (Continued Public Hearing of June 7, 2007) SUMMARY: An application for an Accessory Outdoor Dining Permit to allow the construction and operation of a 636 square foot outdoor dining area in conjunction with the existing full - service restaurant. �CTION: 1) Conduct public hearing; and, 2) Adopt Resolution approving Accessory Outdoor Dining 2007 -001. CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) ITEM NO. 4 Code Amendment 2007 -005 SUMMARY: Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be • amended to revise definitions, land use classifications, and regulations relating to group occupancies and short-term lodgings? ACTION: 1) Conduct public hearing; and 2) Adopt the attached resolution recommending approval of Code Amendment No. 2007 -005 to the City Council. CEQA COMPLIANCE: This project has been determined to be categorically exempt pursuant to "Guidelines for Implementation of the California Environmental Quality Act," Class ITEM NO. 5 Zinc Cafe and Market 3222 East Coast Highway SUMMARY: Should the Planning Commission accept the annual review of Use Permit No. 2001 -040, deem the operation of Zinc Cafe and Market in compliance with the conditions of approval, and require no further annual review by deleting Condition No. 36 of Planning Commission Resolution No. 1627? ACTION: 1) Conduct public hearing; and 2) Adopt Resolution approving the annual review of Use Permit No. 2001- 040 and requiring no further annual review by deleting Condition No. 36 • of Planning Commission Resolution No. 1627 CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). ADDITIONAL BUSINESS: a) City Council Follow -up b) Report from Planning Commission's representative to the Economic Development Committee c) Report from the Planning Commission's representative to the General Plan /Local Coastal Implementation Committee d) Report from the Planning Commission's representative to the Intensive Residential Occupancy 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) Project status h) Requests for excused absences • ADJOURNMENT: