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Home My WebLink About19 - Planning Commission AgendaAgenda Item No, 19 September 22, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, September 17, 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 August 20, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO.2 Port Restaurant & Bar (PA2009 -080) 440 Heliotrope Avenue SUMMARY: An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation by extending the closing time to 1:00 a.m., and providing lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. 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 denying an amendment to Use Permit No. 1566 and denying Off -Site Parking Agreement No. OP 2009 -003. (Attachment No. PC 1) NEW BUSINESS ITEM NO.3 Goldring Residence (PA2009 -070) 309 Lindo Avenue SUMMARY: The application is for a proposed single -unit dwelling with the following deviations from the Zoning Code requirements: 1) A request for a variance to exceed the maximum floor area limit by approximately 400 square feet and a waiver of the open space requirement. 2) A modification permit to allow the dwelling to encroach 10 inches into the required 3 -foot side yard setback and 1 foot into the required 10 -foot front yard setback. 3) A use permit to exceed the 24 -foot height limit by approximately 3 feet with the midpoint of the proposed pitched roof. CEQA COMPLIANCE: The project is categorically exempt under Section 15302, of the California Environmental Quality Act (CEQA) Guidelines - Class 2 (Replacement or Reconstruction). ACTION: 1) Conduct a public hearing; and 2) Adopt a resolution disapproving Variance No. VA2009 -001, Modification Permit No. MD2009 -021, and Use Permit No. UP2009- 029 (Attachment PC 1). ADDITIONAL BUSINESS ITEM NO.4 City Council Follow -up. ITEM NO. 5 Planning Commission reports. ITEM NO.6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 7 Request for excused absences. ADJOURNMENT CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.19 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 -644 -3228, dlepo @newportbeachca.gov SUBJECT: Planning Commission Agenda for August 20, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated August 20, 2009 Summary: Approved (6 Ayes, 1 Excused) Item No. 2 Port Restaurant & Bar (PA2009 -080) 440 Heliotrope Avenue Summary: An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation by extending the closing time to 1:00 a.m., and providing lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. This item was continued from the August 20, 2009 Planning Commission meeting. The Planning Commission received a presentation by the applicant and his attorney and asked questions of Detective Bryan M oore of the Newport Beach Police Department. The Planning Commission then received testimony from 23 members of the public. Ten residents and property owners spoke in opposition to the project and 13 residents and patrons and employees of the restaurant spoke in support of the project. The Planning Commission found that there was not sufficient evidence that the off - site parking lot will remain permanently available during the weekend lunch hours to support the off -site parking agreement. The Planning Commission also found that sufficient facts do not exist to support the required findings needed to approve the requested introduction of live entertainment and expanded hours of operation. This item was denied (6 Ayes, 1 Excused) Planning Commission Agenda Report September 22, 2009 Page 2 Item No. 3 Goldring Residence (PA2009 -070) 309 Lindo Avenue Summary: The application is for a proposed single -unit dwelling with the following deviations from the Zoning Code requirements: 1) A request for a variance to exceed the maximum floor area limit by approximately 400 square feet and a waiver of the open space requirement. 2) A modification permit to allow the dwelling to encroach 10 inches into the required 3 -foot side yard setback and 1 foot into the required 10- foot front yard setback. 3) A use permit to exceed the 24 -foot height limit by approximately 3 feet with the midpoint of the proposed pitched roof. The Planning Commission found that the small size and irregular shape of the lot were sufficient facts to support the application. However, the Planning Commission directed the applicant to reduce the floor area of the dwelling from the requested 2,268 square feet to 2,110 square feet. This item was approved (5 Ayes, 1 No, 1 Excused) Prepared and submitted by: Planning. shared\Planning Commissionlpcagendarpt.doc