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HomeMy WebLinkAbout18 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 June 23. 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 June 18, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated June 4, 2009 Summary: Approved as corrected. (All Ayes) Item No. 2 Chronic Taco (PA2009 -050) 4525 B W Coast Hwy - PA2009 -050 Summary: A Use Permit for an eating and drinking establishment that would supersede an existing Use Permit (UP2001 -041) and allow for the following: • A change in operational characteristics and land use classification from a take -out service, limited to a full - service, high turnover eating and drinking establishment. • A 1,500 - gross- square -foot expansion (including 1,065 square feet of net public area) for the purpose of providing an additional dining and bar area. • Introduction of a new alcoholic beverage outlet with a Type 41 Alcoholic Beverage Control (ABC) license. A Use Permit for a parking waiver that would supersede existing Use Permits (UP3139 and UP1798) to allow for the following: • A parking waiver for the 18 additional spaces required for the proposed eating and drinking establishment expansion. • A 40 -space parking waiver encompassing all of the eating and drinking establishments for the total site, including the proposed project. Page 2 This item was denied. (5 Ayes, 2 Noes). After receiving the staff report, the Commission received testimony from the applicant, members of the public, and a representative of the Police Department. Four residents spoke in opposition to the project, citing concerns about parking, alcohol - related nuisances, and crime. The Commission denied the application on grounds that the expansion of the restaurant would aggravate the parking shortage in the shopping center and add another alcoholic beverage outlet in an already over - concentrated area. Prepared and submitted by: r David Lepo, Plannin rector Planning: sharedtPlanning Commission%pcagendarpt.doc Agenda Item No. 18 June 23, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, June 18, 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 June 4, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 Chronic Taco (PA2009 -050) 4525 B W Coast Hwy - PA2009 -050 SUMMARY: A Use Permit for an eating and drinking establishment that would supersede an existing Use Permit (UP2001 -041) and allow for the following: A change in operational characteristics and land use classification from a take -out service, limited to a full- service, high turnover eating and drinking establishment. A 1,500 - gross- square -foot expansion (including 1,065 square feet of net public area) for the purpose of providing an additional dining and bar area. • Introduction of a new alcoholic beverage outlet with a Type 41 Alcoholic Beverage Control (ABC) license. A Use Permit for a parking waiver that would supersede existing Use Permits (UP3139 and UP1798) to allow for the following: • A parking waiver for the 18 additional spaces required for the proposed eating and drinking establishment expansion. A 40 -space parking waiver encompassing all of the eating and drinking establishments for the total site, including the proposed project. CEQA COMPLIANCE: The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent 1,300 square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. ACTION: 1) Conduct public hearing; and, 2) Adopt resolution approving Use Permit UP2009 -012 (Eating and Drinking Establishment), and 3) Adopt resolution approving Use Permit UP2009 -020 (Parking Waiver) NEW BUSINESS ITEM NO. 3 City Council Follow -up. ITEM NO. 4 Planning Commission reports. ITEM NO. 5 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 6 Request for excused absences. ADJOURNMENT