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HomeMy WebLinkAbout11 - Planning Commission Agenda - 3-19-09CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 March 24, 2009 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 19, 2009 Report of the actions of the Planning Commission Meeting: Item No. i Minutes dated February 19, 2009 Summary: Approved as written and ordered filed. (6 Ayes, 1 Abstain) Item No. 2 Balboa Island Village Inn (PA2009 -014) 127 Marine Avenue Summary: A use permit application for an existing full service restaurant to allow the conversion of dining room seating into bar seating, and for the operation of an existing alcoholic beverage outlet. Following presentations from staff and the applicant, the Commission heard from eight Balboa Island residents. Three residents spoke of disturbances they believed to be caused by patrons leaving the establishment. Most of the other residents described themselves as patrons of the establishment and spoke in favor of the application. The Commission also heard from a representative of the Police Department, who said that the conditions at the establishment had improved in recent years. Discussion by the Commission focused on whether or not the application would make the establishment more like a bar. The Commission approved the application with additional conditions on the hours of operation and requiring a review of the application in one year. This item was approved (6 Ayes, 1 No). Page 2 ITEM NO. 3 Balboa Inn Hotel /Sienna Restaurant (PA2008 -197) 105 Main Street SUMMARY: An amendment to Use Permit No. 3158 to reconfigure the restaurant, banquet, and outdoor dining areas to more accurately reflect current and future operations. The applicant is also requesting to expand the operation of private events with live entertainment into the outdoor covered courtyard, eliminate restrictions on private events with live entertainment during the months of July and August, increase the hours of operation for private events with live entertainment, and to increase the number of private events permitted per month. In addition to providing live entertainment with private events, the applicant is also requesting the ability to provide live entertainment for the enjoyment of general restaurant patrons. Following presentations from staff, the Commission heard from a representative of the Police Department, who spoke in favor of the application. The Commission then received a presentation by the applicant and heard testimony from the abutting property owner. Discussion by the Commission focused on potential noise impacts and other disturbances to the adjacent residential and commercial properties. The Commission approved the application with additional conditions reducing the total number of special events permitted each year, restricting live entertainment in the restaurant to four nights per week, restricting the location of live entertainment, and requiring a review of the application in six months. This item was approved (6 Ayes, 1 No). ITEM NO. 4 Spatique Massage Establishment (PA2009 -005) 120 Tustin Road Suites C & D SUMMARY: A use permit for a massage establishment pursuant to Chapters 20.42 and 20.87 of the Municipal Code. The applicant's request is to add massage services to an existing establishment providing skin care and tailoring services. The applicant also requests a waiver of location restrictions since the facility is located within 500 feet of another independent massage establishment. The Commission received presentations by staff and the applicant. One patron of the establishment spoke in favor of the application. Discussion by the Commission focused how the massage services would be conducted. The Commission approved the application and allowed the establishment to be open seven days a week. This item was approved (All Ayes) Planning: sharedPlanning Commissionlpcagendarpt.doc Page 3 ITEM No. 5 GPA annual review SUMMARY: An annual review of the Preliminary Fiscal Year 2008 -2009 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 projects. A representative of the Newport Beach Housing Coalition introduced herself to the Commission and stated that they would present their questions to staff. This item was received and filed (All Ayes) Prepared and submitted by: Da epo, Planning rd-tor Planning: shared\Planning Commissionlpcagendarpt.doc Agenda Item No. it March 24, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, March 19, 2009 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. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning Department located at 3300 Newport Blvd., during normal business hours. ITEM NO. 1 Minutes of February 19, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 Balboa Island Village Inn (PA2009 -014) 127 Marine Avenue SUMMARY: A use permit application for an existing full service restaurant to allow the conversion of dining room seating into bar seating, and for the operation of an existing alcoholic beverage outlet. ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving UP2009 -002 CEQA COMPLIANCE: The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). ITEM NO. 3 Balboa Inn Hotel /Sienna Restaurant (PA2008 -197) 105 Main Street SUMMARY: An amendment to Use Permit No. 3158 to reconfigure the restaurant, banquet, and outdoor dining areas to more accurately reflect current and future operations. The applicant is also requesting to expand the operation of private events with live entertainment into the outdoor covered courtyard, eliminate restrictions on private events with live entertainment during the months of July and August, increase the hours of operation for private events with live entertainment, and to increase the number of private events permitted per month. In addition to providing live entertainment with private events, the applicant is also requesting the ability to provide live entertainment for the enjoyment of general restaurant patrons. ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving an amendment to Use Permit No. 3158. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ITEM NO.4 Spatique Massage Establishment (PA2009 -005) 120 Tustin Road Suites C & D SUMMARY: A use permit for a massage establishment pursuant to Chapters 20.42 and 20.87 of the Municipal Code. The applicant's request is to add massage services to an existing establishment providing skin care and tailoring services. The applicant also requests a waiver of location restrictions since the facility is located within 500 feet of another independent massage establishment. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving UP2009 -001 NEW BUSINESS ITEM NO. 5 GPA annual review ACTION: Receive and file ITEM NO. 6 City Council Follow -up. ITEM NO. 7 Planning Commission reports. ITEM NO. 8 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 9 Request for excused absences. ADJOURNMENT