HomeMy WebLinkAbout11 - Planning Commission AgendaCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
April 8, 2008
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 April 3, 2008
Report of the actions of the Planning Commission Meeting:
Item No,1. Minutes dated February 21, 2008
Summary: This item was approved. (All Ayes)
Item No. 2. Minutes dated March 20, 2008
Summary: This item was approved. (All Ayes)
Item No. 3. Report on Fury Security Plan
Summary: This item was received and filed. (All Ayes)
Item No. 4. Seashore Village (PA2007 -100)
5515 River Ave
Summary: Use Permit for building height exemption; Modification Permit for setbacks
and building separation; Tentative Tract Map established for condominium
purposes; Coastal Residential Development Plan for compliance with CA
Government Code Section 65590 and Chapter 20.86 of the City's Municipal
Code; and Mitigated Negative Declaration.
Staff requested this item be continued to April 17, 2008 to allow additional
time to prepare responses to comments received at the meeting of March
20, 2008.
This item was continued to April 17, 2008, 2008. (All Ayes)
Page 2
Item No. 5. Megonical Residence (PA2007 -133)
2333 Pacific Drive
Summary: The application consists of a variance to allow a new 53 -foot 3 -inch high
single - family dwelling unit to exceed the 24 -foot height limit and a
.modification permit to allow the dwelling unit to encroach 5 feet into the
required 5 -foot front yard setback. The property is located in the Single-
Family Residential (R -1) Zoning District.
Staff presented a report to the Commission requesting that the
Commission not take action, but to provide guidance on proposed
project's consistency with Local Coastal Program and General Plan
policies. The Commission indicated that they preferred the protection of
public views from Begonia Park over protection of the landform of the
coastal bluff. The majority of the Commissioners stated that the scale and
massing of the proposed residence were not consistent with character of
the surrounding neighborhood. The Commission stated that they would
also like to see story poles placed out at the site to show the height and
building area of the proposed structure and visual stimulations. The
Commission also wanted the plans to include additional cross sections,
the front setbacks of adjacent properties, and the extent of proposed
encroachments into the right -of -way.
This item was continued to May 22, 2008, 2008. (All Ayes)
Item No. 6. 311 Femleaf Avenue Appeal (PA2008 -009)
Summary: An appeal filed by Carol Pangburn of the Zoning Administrator's decision for
the approval of Modification Permit No. 2008 -007 on property located in the
Multifamily Residential (MFR) District at 311 Femleaf Avenue. Modification
Permit No. 2008 -007 would permit remodel and 1,235 square -foot addition
to an existing non - conforming 3- unit.residential condominium structure.
The Commission voted in support of staffs to reverse the decision
of the Zoning Administrator, subject to the minor changes to the
findings in the draft resolution.
The decision of the Zoning Administrator was reversed and this item was
denied. (All Ayes)
Item No. 7. Bay Burger (PA2007 -219)
600 Bay Avenue
Summary: A request to amend Use Permit No. 3120 to allow the authorization of the
sale of beer and wine for on -site consumption (Type 41 ABC License)
pursuant to the Alcoholic Beverage Ordinance (ABO).
Planning: shared\Planning CommissioMlocagendarpt.doc
Page 3
A motion to approve with the revisions to the conditions in the draft
resolution relating to the outside alcoholic beverage sales, changing the
minimum number of employees from three to two, and adding a
requirement for a security plan if ABC allows alcohol to be served outside
failed to pass.
The motion to approve this failed. (3 Ayes, 4 Noes) and the application
was denied.
Item No. 8. Tommy Bahamas (PA2008 -029)
854 Avocado Avenue.
Summary: A request to amend Use Permit No. 3623 to permit an additional 461 -
square -foot outdoor dining patio which would be in excess of the maximum
outdoor dining area allowed by the provisions of Section 20.82.050
(Accessory Outdoor Dining) of the Newport Beach Municipal Code. The
property is located in the Newport Village Planned Community (PC) District.
A motion to approve failed to pass with unanswered concerns regarding
the additional seating's impact on parking.
The motion to approve this item failed. (3 Ayes, 4 Noes) and the
application was denied.
Item No. 9. Planning Commission procedures, minutes, and business
Summary: After Planning Commission discussion, provide direction to staff.
This item was not heard due to the lateness of the hour.
Prepared and submitted by:
David Lepo, Plan g Director
Planning: shared \Planning Commission \pcagendarpt.doc
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers - 3300 Newport Boulevard
April 3, 2008
REGULAR MEETING
6:30 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Agenda No. 11
April 8, 2008
PUBLIC COMMENTS Public comments are invited on non - agenda items generalty 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.
ITEM NO. 1 Minutes dated February 21, 2008
ACTION: Approve as written and order filed.
ITEM NO. 2 Minutes dated March 20, 2008
ACTION: Approve as written and order filed.
OLD BUSINESS
ITEM NO. 3 Report on Fury Security Plan
ACTION: Receive and order filed.
PUBLIC HEARINGS
ITEM NO.4 Seashore Village (PA2007 -100)
5515 River Ave
SUMMARY: Use Permit for building height exemption; Modification Permit for setbacks and
building separation; Tentative Tract Map established for condominium purposes;
Coastal Residential Development Plan for compliance with CA Government Code
Section 65590 and Chapter 20.86 of the City's Municipal .Code; and Mitigated
Negative Declaration.
ACTION: Staff requests this item be continued to April 17, 2008 to allow additional time to
prepare responses to comments received at the meeting of March 20, 2008.
CEQA
COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach
in connection with the application noted above in accordance with CEQA Guidelines.
The Negative Declaration states that the subject development will not result in a
significant effect on the environment.
ITEM NO.6 Megonical Residence (PA2007 -133)
2333 Pacific Drive
SUMMARY: The application consists of a variance to allow a new 53 -foot 3 -inch high single -
family dwelling unit to exceed the 24 -foot height limit and a modification permit to
allow the dwelling unit to encroach 5 feet into the required 5 -foot front yard
setback. The property is located in the Single - Family Residential (R -1) Zoning
District.
ACTION: 1) Conduct public hearing; and
2) Provide direction to staff and the applicant regarding the proposed project's
consistency with the General Plan, Local Coastal Program and Zoning Code.
CEQA
COMPLIANCE: The project qualifies for a Categorical Exemption pursuant to Section 15332 (In-
Fill Development Projects) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA). This exemption applies to in -fill development
projects in urban areas that are consistent with the General Plan and applicable
development standards. In addition, the proposed development must occur on a
site of no more than five acres, have no value as habitat for endangered, rare or
threatened species, and must not result in any significant effects relating to traffic,
air quality, water quality, or any other significant effect on the environment due to
an unusual circumstance.
ITEM NO. 6 311 Fernleaf Avenue Appeal (PA2008 -009)
SUMMARY: An appeal filed by Carol Pangbum of the Zoning Administrator's decision for the
approval of Modification Permit No. 2008 -007 on property located in the Multifamily
Residential (MFR) District at 311 Femleaf Avenue. Modification Permit No. 2008-
007 would permit remodel and 1,235 square -foot addition to an existing non-
conforming 3 -unit residential condominium structure.
ACTION: 1) Conduct public hearing; and
2) Adopt a Resolution to reverse the decision of the Zoning Administrator and deny
Modification Permit No. 2008 -007
CEQA
COMPLIANCE: This project is categorically exempt under the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
ITEM NO. 7 Bay Burger (PA2007 -219)
600 Bay Avenue
SUMMARY: A request to amend Use Permit No. 3120 to allow the authorization of the sale of
beer and wine for on -site consumption (Type 41 ABC License) pursuant to the
Alcoholic Beverage Ordinance (ABO).
ACTION: 1) Conduct public hearing; and
2) Adopt Resolution approving Use Permit No. 2007 -027
CEQA
COMPLIANCE: This project has been determined to be categorically exempt underthe requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
ITEM NO. 8 Tommy Bahamas (PA2008 -029)
854 Avocado Avenue.
SUMMARY: A request to amend Use Permit No. 3623 to permit an additional 461- square -foot
outdoor dining patio which would be in excess of the maximum outdoor dining area
allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the
Newport Beach Municipal Code. The property is located in the Newport Village
Planned Community (PC) District.
ACTION: 1) Conduct public hearing; and
2) Adopt resolution approving Use Permit No. 2008 -003
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. 9 Planning Commission procedures, minutes, and business
ACTION: After Planning Commission discussion, provide direction to staff.
NEW BUSINESS
ITEM NO. 10 City Council Follow -up.
ITEM NO. 11 Planning Commission reports.
ITEM NO. 12 Announcements on matters that Commission members would like.placed on a
future agenda for discussion, action, or report.
ADJOURNMENT