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Home My WebLink About21 - Planning Commission Agenda - 11-16-2006PLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, November 16, 2006 Regular Meeting - 6:30 p.m. JEFFREY COLE Chairperson ROBERT HAWKINS SCOTT PEOTTER BARRY EATON Agenda Item No. 21 November 14, 2006 EARL MCDANIEL MICHAEL TOERGE MICHAEL HENN 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 GINGER VARIN, Planning Commission Secretary RICH EDMONSTON, Transportation & Development Services Manager AARON C. HARP, Assistant City Attorney NOTICE TO THE PUBLIC 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: hftp://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 November 16, 2006 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. Minutes of the regular meeting of November 2, 2006. ACTION: Approve as written and order filed. ITEM NO. 2. Newport Beach Brewing Company (Use Permit No. 3485) 2920 Newport Boulevard SUMMARY: The Newport Beach Brewing Company has operated a restaurant/brewpub pursuant to Use Permit No. 3485 since 1994. This permit was issued by the City in 1993 and it was subsequently amended in 1999. City has received several complaints related to the operation of the use and the Planning Commission will evaluate the complaints, the operational character of the use and the conditions under which the use operates. At the conclusion of the hearing, the Commission may require alteration of the operation or it may delete or modify conditions of approval. The Commission also may conclude that no changes are necessary and revocation of the Use Permit is not being considered at this time. ACTION: Continue to December 7, 2006. ITEM NO. 3. Newport Bay Marina (PA2001 -210) 2300 Newport Boulevard SUMMARY: Site Plan Review, Use Permit, Modification Permit and Vesting Tentative Tract Map to allow the construction of a mixed -use development on a 2.4 acre site located north of the intersection of Newport Boulevard and Balboa Boulevard. The project consists of the demolition of all structures on site and the construction of approximately 36,000 square feet of commercial uses and 27 dwelling units (condominiums). Eleven three -story buildings are planned to be built over a subterranean parking garage. The reconstruction /reconfiguration of the existing bulkhead, boatways and docks is also planned. The Site Plan Review application would authorize the entire project and the Vesting Tentative Tract map would permit a subdivision map to allow for the residential units to be individually sold. 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 signittes that the speaker has one minute left for summation) I The Use Permit would establish a building height limit of up to 35 feet and the Modification Permit would allow portions of the proposed buildings to encroach within the 5 -foot front yard setback. Finally, consideration of a Draft Environmental Impact Report (SCH# 2003071144) including mitigation measures. ACTION: Certify the Environmental Impact Report, Adopt a Mitigation Monitoring and Reporting Program and approve Use Permit No. 2001 -038, Site Plan Review No. 2001 -004, Modification Permit No. 2006 -075 and Newport Beach Tract Map No. 2004 -003 subject to findings and conditions. ITEM NO. 4. Thirty First Street, LLC (PA2006 -031) 407, 409, 411 & 413 31st Street SUMMARY: Use Permit to establish a height limit of 31 -feet, exceeding the base height limit of 26 -feet, for the construction of four mixed -use buildings and approval of a commercial floor area ratio (FAR) less than the minimum 0.25 FAR required for mixed use development projects. In addition, the applicant is requesting the approval of a modification permit to allow parking spaces to encroach within the front and rear setbacks and a lot line adjustment to adjust the interior property lines of four lots into four equally sized parcels. ACTION: . Continue this item to December 7, 2006. (Tentative) ITEM NO. 6. Hoag Healthcare Center 500 -540 Superior Ave. SUMMARY: A Use Permit to allow the conversion of 97,000 square feet of research and development (R &D) /general office use to medical office use. The project includes the demolition of one of the existing buildings and the construction of an additional parking structure that exceeds the maximum building bulk limitation for the site. Additionally, approval of a traffic study is being requested pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). ACTION: Approve Use Permit No. 2006 -010 and Traffic Study No. No. 2006 -00 subject to findings and conditions. (PA2006 -113) .ITEM NO. 7. Code Amendment 2006 -007 Day Care Regulations SUMMARY: Should Title 20 (Zoning Code) of the Newport Beach Municipal Code be amended to revise the land use regulations to distinguish day care centers for children and those for adults and establish spacing, concentration, and operational standards? ACTION: Adopt the attached resolution recommending approval of Code Amendment No. 2006 -007 to the City Council. (PA2006 -211) ADDITIONAL BUSINESS: a) City Council Follow -up - b) Report from Planning Commission's representative to the Economic Development Committee- 3 c) Report from the Planning Commission's representative to the Local Coastal 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: q