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Home My WebLink About26 - Planning Commission Agenda - 5-22-2008CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 26 May 27, 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 May 22, 2008 Report of the actions of the Planning Commission Meeting: Item No. 1. Minutes dated April 17, 2008 Summary: This item was continued to June 5, 2008 to allow time for the court reporter to complete the transcript of the Sejour revocation hearing. (4 Ayes, 1 No, 2 Absent) Item No. 2. Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way Summary: Consideration of the recommendation of independent hearing officer on the revocation of Use Permit Nos. 3162 and 2005 -018 on property located at 4221 Dolphin Striker Way. The Planning Commission may adopt the proposed findings and recommendation as their decision or may take any other action that is supported by substantial evidence in the record. This item was continued to June 5, 2008 at the request of the City Attorney to complete a settlement discussion. (5 Ayes, 2 Absent) Item No. 3 Balboa Inn LLC (PA2006 -270) Siena Restaurant — One Year Review 105 Main Street Summary: One year review of an amendment to Use Permit No. 3158 related to the operation of live entertainment and dancing within the existing restaurant at the Balboa Inn. The Planning Commission received a report from the Planning Department, which concluded that the applicant has complied with all required conditions of approval and that the operation of live entertainment and dancing has not proven to be detrimental to the surrounding neighborhood, nor resulted in increased demand for police resources; no changes to conditions of Page 2 approval or subsequent reviews of the operation were deemed necessary. (5 Ayes, 2 Absent) Item No. 4. Albertsons (PA2007 -115) 3049 East Coast Highway Summary: A one year review of conditions of approval for Albertson's Use Permit No. 3650 (Off -Site Parking Agreement). The Planning Commission received a report from the Planning Department documenting violations of conditions relating to the deliveries and employee parking. The Planning Commission admonished the store manager to comply with all of the conditions of approval. The store manager assured the Planning Commission compliance would be her top priority. The Planning Commission concluded that ongoing code enforcement was the best way to address the matter for the time being, but directed that the matter return to the Planning Commission within six months for a public hearing if the violations continued. (4 Ayes, 1 No, 2 Absent) Item No. 5. Megonigal Residence (PA2007 -133) 2333 Pacific Drive Summary: 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 (continued from April 3, 2008). The applicant requested that the project be removed from Planning Commission calendar to allow time for a redesign of the project. The Planning Commission heard testimony from one resident who wanted the view from Begonia Park protected. (5 Ayes, 2 Absent) Item No. 6. Review of preliminary CIP Summary: An annual review of the Preliminary Fiscal Year 2008 -20 -09 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works project. The Planning Commission found that the CIP is consistent with the General Plan and Coastal Land Use Plan. The Planning Commission also forwarded a recommendation to the City Council that Lower Bay dredging be considered a high priority. (4 Ayes, 1 No, 2 Absent) Planning: sharedlPlanning Commissionlpcagendarpl.doc Page 3 Item No. 7. Planning Commission procedures, minutes, and business (Continued from 04/03/2008) Summary: A discussion of Planning Commission procedures including the use of verbatim meeting minutes The Planning Commission directed staff to use the action minute format and decided not to require speaker cards. (3 Ayes, 2 Noes, 2 Absent). The Planning Commission also modified The Rules of Procedures of the Planning Commission to allow the chairman to second a motion. (4 Ayes, 1 No, 2 Absent) Prepared and submitted by: David Lepo, Plan? /o, Director Planning: shared\Planning Commissionlpcagendarpt.doc Agenda Item No. 26 May 27, 2008 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard May 22, 2008 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. ITEM NO. 1 Minutes dated April 17, 2008 ACTION: Approve as written and order filed. PUBLIC HEARINGS ITEM NO. 2 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way SUMMARY: The Planning Commission of the City of Newport Beach will hold a public hearing to consider the recommendation of independent hearing officer on the revocation of Use Permit Nos. 3162 and 2005 -018 on property located at 4221 Dolphin Striker Way. The Planning Commission may adopt the proposed findings and recommendation as their decision or may take any other action that is supported by substantial evidence in the record. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution to revoke Use Permit No. 2005 -018 CEQA COMPLIANCE: The proposed project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). ITEM NO. 3 Balboa Inn LLC (PA2006 -270) Siena Resturant — One Year Review 105 Main Street SUMMARY: One year review of an amendment to Use Permit No. 3158 related to the operation of live entertainment and dancing within the existing restaurant at the Balboa Inn. 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. On April 19, 2007, the Planning Commission approved an amendment to Use Permit No. 3158 permitted live entertainment and dancing within the restaurant, in conjunction with private events only, and waived 11 parking spaces associated with the operation. A condition of approval was implemented requiring that the Planning Commission review the operation of live entertainment and dancing one year from the effective date of approval to insure the conditions placed on the operation were sufficient to control potential noise and parking impacts. The Planning Commission has the right to modify the terms and conditions of the Use Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. ACTION: 1) Receive testimony at public hearing; and 2) Receive and file report. CEQA COMPLIANCE: The project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). ITEM NO. 4 Albertsons (PA2007 -115) 3049 East Coast Highway SUMMARY: The Planning Commission of the City of Newport Beach will conduct a one year review of conditions of approval for Albertson's Use Permit No. 3650 (Off -Site Parking Agreement). The property is located at 3049 East Coast Highway and is within the Retail and Service Commercial (RSC) Zoning District. ACTION: 1) Conduct public hearing; and 2) Continue to June 5, 2008, to allow staff time to conduct additional field investigations. CEQA COMPLIANCE: This is not a project under the California Environmental Quality Act (CEQA) as this is only a review of the existing conditions of approval from an existing Use Permit. ITEM NO. 5 Megonigal Residence (PA2007 -133) 2333 Pacific Drive SUMMARY: The applicant submitted a letter to the Planning Department requesting that the project be removed from Planning Commission calendar. David Olson, architect, is working with his client to redesign the project and requires more time. ACTION: Staff recommends the Planning Commission remove this item (VA2007 -001) from the calendar. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 6 Review of preliminary CIP SUMMARY: An annual review of the Preliminary Fiscal Year 2008 -20 -09 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works project. ACTION: 1) Conduct public hearing; and 2) Report that the CIP is consistent and that the projects in the CIP be implemented by City Council. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. OLD BUSINESS ITEM NO.7 Planning Commission procedures, minutes, and business (Continued from 04/03/2008) ACTION: After Planning Commission discussion, provide direction to staff. NEW BUSINESS ITEM NO. 8 City Council Follow -up. ITEM NO. 9 Planning Commission reports. ITEM NO. 10 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ADJOURNMENT: