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Home My WebLink About17 - Planning Commission Agenda - 9-20-2007CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 September 21, 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 September 20, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of August 23, 2007 were approved as corrected. (All Ayes) Item 2: The minutes of September 6, 2007 were approved as corrected. (All Ayes) Item 3: Code Amendment 2007 -005 (PA2007 -112) An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise definitions, land use classifications, and regulations relating to group occupancies; land use regulations for public assembly and office uses in the Newport Shores (SP -4); Cannery Village/McFadden Square (SP -6), and Central Balboa (SP -8) Specific Plan Districts; procedures for use permits in residential districts; and the amortization for nonconforming uses in residential districts. The Commission felt that the ordinance proposed by Concerned Citizens of Newport Beach would be facially discriminatory and the Commission then voted to send the code amendment to the City Council as proposed by staff with the following modifications: 1) Increase the separation requirement for conditional uses within areas with nonstandard subdivisions from 300' to 1000' 2) Replace the term "group homes" with "residential care facilities" throughout the resolution. 3) Revise land use classifications to insure that residential care facilities would be classified as boarding houses if persons have not agreed to reside in a facility for 31 days or more. 4) Insert additional language into Section 20.91A.010- to include that purpose is to protect and further recovery to ameliorate over concentrations and avoid future concentration and benefit disabled. Page 2 5) The Commission encouraged the City Council to further explore the possibility of a) abating existing uses made nonconforming due to separation requirements; b) adding commercial facilities to the definition of integral facilities; c) strengthening local licensing requirements This item was recommended to the City Council for approval. (6 Ayes, 1 No) Item 4: Panini Cafe (PA2007 -063) 2421 E. Coast Highway Request to consider Use Permit No. 2007 -010 to allow the operation of a 3,820 square -foot, full -service restaurant with a net public area of 640 square feet and to allow alcoholic beverage service Type "41" ABC License (On -Sale Beer and Wine Eating Place). Request for Accessory Dining Permit No. 2007 -006 to allow the operation of a 160 square -foot outdoor dining area in conjunction with the proposed restaurant and an approval of Off-site Parking Agreement No. 2007 -001 to justify the off - street parking requirement utilizing the off-site property located at 7 Corporate Plaza. Parking was the critical issue. The Commission revised condition #44 to state that no more than 16 vehicles (instead of 12) be parked on site at one time. The Commission expressed concerns that the valet operation would be critical and voted in favor to add new condition #56, which would include a mandatory review of the valet function to be done 1 year after the start of the operation. The condition requires staff recommendations and Planning Commission review. This item was approved. (6 Ayes, 1 No) Item 5: Knight Appeal (PA2007 -137) 312 Hazel Drive Summary: An appeal by Diane Knight of the Planning Director's interpretation regarding the application of a development stringline (setback) determined pursuant to General Plan Natural Resources Element Policy NR 23.6 to property located at 312 Hazel Drive. This item was continued to October 4, 2007 at the request of the appellant. Prepared and submitted by: J Planning: shared Planning Commissionlpcagendarpt.doc Agenda Item 17 September 25, 2007 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard September 20, 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 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. HEARING ITEMS ITEM NO.1 Minutes dated August 23, 2007 ACTION: Approve as written and order filed. ITEM NO. 2. Minutes dated September 6, 2007 ACTION: Approve as written and order filed. ITEM NO. 3. Code Amendment 2007 -005 (PA2007 -112) SUMMARY: An amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise definitions, land use classifications, and regulations relating to group occupancies; land use regulations for public assembly and office uses in the Newport Shores (SP -4), Cannery Village/McFadden Square (SP -6), and Central Balboa (SP -8) Specific Plan Districts; procedures for use permits in residential districts; and the amortization for nonconforming uses in residential districts. ACTION: 1) Conduct public hearing and after Planning Commission discussion, continue public hearing to October 4, 2007. CEQA COMPLIANCE: The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure - making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). ITEM NO. 4. Panini Caf6 (PA2007 -063) 2421 E. Coast Highway SUMMARY: Request to consider Use Permit No. 2007 -010 to allow the operation of a 3,820 square -foot, full -service restaurant with a net public area of 640 square feet and to allow alcoholic beverage service Type "41" ABC License (On -Sale Beer and Wine Eating Place). Request for Accessory Dining Permit No. 2007 -006 to allow the operation of a 160 square -foot outdoor dining area in conjunction with the proposed restaurant and an approval of Off -site Parking Agreement No. 2007 -001 to justify the off-stmt parking requirement utilizing the off-site property located at 7 Corporate Plaza. ACTION: 1) Conduct public hearing; and 2) Approve Use Permit No. 2007 -010, Accessory Dining Permit No. 2007- 006, and Off-site Parking Agreement No. 2007 -001 CEQA COMPLIANCE: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under ITEM NO. 5. Knight Appeal (PA2007 -137) 312 Hazel Drive SUMMARY: An appeal by Diane Knight of the Planning Director's interpretation regarding the application of a development stringline (setback) determined pursuant to General Plan Natural Resources Element Policy NR 23.6 to property located at 312 Hazel Drive. ACTION: Continue to October 4, 2007 at the request of the appellant. Discussion Item: Special November Meeting of the Planning Commission. 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) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting. e) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report. f) Project status. g) Requests for excused absences. ADJOURNMENT: