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Home My WebLink About21 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 March 13, 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 March 8, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of February 22, 2007 were approved as corrected. (All Ayes). Item 2: Balboa Inn LLC (PA2006 -270) 105 Main Street Request to amend Use Permit No. 3158 to allow live entertainment and dancing in association with the existing restaurant use. Additionally, a waiver of the parking requirements related to the introduction of live entertainment is also requested. The property is located at 105 Main Street and is within the Retail and Service Commercial designation of the Central Balboa Specific Plan (SP -8) District. This item was continued to April 5N to allow additional time for staff to analyze and review the project. (All Ayes) Item 3: Thirtieth St. Architects, Inc. (PA2005 -158) 2961 Cliff Drive Request to subdivide an existing single - family residential lot, creating two single - family residential lots. Land Use Policy 4.2 of the Land Use Element of the City's General Plan prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. The owner of this property had applied for a similar entitlement a year ago and, faced with objections from area residents, withdrew that application pending completion of the General Plan update. At Thursday's public hearing, approximately 10 area residents spoke against the project and one spoke in favor. Blocking of views of the Bay from adjacent rights -of -way and potentially extentsive excavation of the hillside visible from Coast Highway were the primary objections. Following significant deliberation, some Planning Commissioners suggested that this property may be one of the few for which further subdivision would be appropriate because of it's 33,000 square foot size and having frontages on two streets; however, Commissioners suggested that the applicant could have been more proactive in redesigning the two proposed dwellings to win the support of neighbors. The applicant was advised that he would need to take the lead in Page 2 redesigning the project to address concerns raised at the public Planning Commissioners also let the applicant know that his recent construction of a perimeter fence and planting of Olive trees along the Santa Ana Avenue frontage, effectively blocking views from the public sidewalk, was not consistent with good neighbor policy. The Planning Commission voted 6 -1 NOT to recommend approval of the General Plan Amendment to City Council and denied the request for Parcel Map approval. Because amendment of the General Plan is a legislative act, the General Plan Amendment will not go to City Council for action unless an appeal of the Planning Commission action is filed. The project was denied. (6 Ayes, 1 No) Item 4: Local Coastal Plan Amendment No. 2007 -001 Coastal Land Use Plan Update (PA2007 -027) Update the Coastal Land Use Plan to reflect the location, type, densities, and intensities of land uses established by the new Land Use Element and to incorporate other new policies of General Plan. After minor text changes including deletion of some references to historic resource policies, this item was recommended for approval to the City Council. (All Ayes) Item 5: Zoning Code Amendment Initiation Amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise property development regulations relating to permitted encroachments into required yards, setbacks and height limits of the B Overlay District, and requirements for the screening of mechanical equipment. This item was recommended for initiation and Planning Staff will prepare an ordinance for Planning Commission review and recommendation to the City Council. (All Ayes) Prepared and submitted by: David Lepo, Plan irector Planning: shared \Planning Commission\pcagendarpt.doc Agenda Item No. 21 March 13, 2007 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard March 8, 2007 6:30 p.m. HEARING ITEMS: 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: ITEM NO. 1 APPROVAL OF MINUTES of February 22, 2007 ACTION: 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.) ITEM NO. 2 Balboa Inn LLC (PA2006 -270) 105 Main Street SUMMARY: Request to amend Use Permit No. 3158 to allow live entertainment and dancing in association with the existing restaurant use. Additionally, a waiver of the parking requirements related to the introduction of live entertainment is also requested. The property is located at 105 Main Street and is within the Retail and Service Commercial designation of the Central Balboa Specific Plan (SP -8) District. ACTION: Staff requests to continue this item to April 5, 2007 to allow additional time to analyze and review the project. 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 (CEQA) under Class 1 (Existing Facilities). ITEM NO. 3 Thirtieth St. Architects, Inc. (PA2005 -158) 2961 Cliff Drive SUMMARY: Request to subdivide an existing single - family residential lot, creating two single - family residential lots. Land Use Policy 4.2 of the Land Use Element of the City's General Plan prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. The property is 33,193 square feet in size and is currently developed with a single - family residence.he Planning Commission to appoint a member to serve on the City's Santa Ana River Trails Advisory Committee. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution recommending City Council approval of General Plan Amendment No. 2005 -003 and Parcel Map No. 2005 -035. CEQA COMPLIANCE: The project qualifies for a Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the implementing Guidelines of the California Environmental Quality Act as the project will result in the construction of one additional single - family residence, below the maximum threshold permitted under this exemption, and is located on a developed site with no environmentally significant resources present. ITEM NO. 4 SUMMARY: ACTION: Local Coastal Plan Amendment No. 2007 -001 Coastal Land Use Plan Update (PA2007 -027) Update the Coastal Land Use Plan to intensities of land uses established by the other new policies of General Plan. reflect the location, type, densities, and new Land Use Element and to incorporate 1) Conduct public hearing; and 2) Adopt resolution recommending City Council approval of LCP Amendment No. 2007 -001 CEQA COMPLIANCE: Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment has been found to be within the scope of the project covered by the certified Final Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update because (1) the LCP Amendment is consistent with the General Plan; (2) the LCP Amendment presents no new effects that could occur that were not examined in the Program EIR; and (3) there is no new information to suggest that new mitigation measures are required. Therefore, no new environmental document is required. ITEM NO. 5 Zoning Code Amendment Initiation SUMMARY: Amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise property development regulations relating to permitted encroachments into required yards, setbacks and height limits of the B Overlay District, and requirements for the screening of mechanical equipment. ACTION: 1) Conduct public hearing; and 2) Adopt resolution initiating the amendment to Title 20 of the Newport Beach Municipal Code. 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: