HomeMy WebLinkAbout10 - Planning Commission Agenda�EWPORr CITY OF
NEWPORT BEACH
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Agenda Item No. 10
March 8, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Joel Fick, Interim Community Development Director
949 - 644 -3226, jfick(a�newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Manager
949 - 644 -3235; palford(o)newportbeachca.gov
APPROVED:
TITLE: Planning Commission Agenda for March 3, 2011
Item No. 1 Minutes of February 17, 2011
This item was continued to March 17, 2011.
Item No.2 General Plan Annual Progress Report (PA2007 -195)
Summary: The annual report on the status of the General Plan and the progress of
implementation required by Government Code Section 65400 mandates that the
City prepare. This report will be submitted to the City Council and a copy is
required to be sent to the Office of Planning and Research (OPR) and the
Department of Housing and Community Development (HCD).
This item was received and filed.
Item No.3 Jamboree Chevron (PA2008 -165)
1550 Jamboree Road
Summary: The application consists of a conditional use permit to allow the following design
and operation changes to an existing service station: demolition of three, unused
service bays to increase the floor area of the existing convenience market;
introduction of off -site beer and wine sales (Type 20); the addition of an automated
car wash; removal of an existing office /storage building and trash enclosure;
construction of a new trash enclosure; the addition of landscaping areas; and
related interior and exterior improvements. The application also includes a
Planning Commission Agenda for March 3, 2011
March 08, 2011
Page 2
modification or waiver of the landscaping standards of the Zoning Code to allow
fewer trees and shrubs than required.
The Commission had a few questions regarding compliance with the design
guidelines.
This item was approved (5 Ayes, 2 Excused)
Item No.4 Crow Burger Kitchen Appeal (PA2010 -155)
3107 Newport Boulevard
Summary: An appeal of the Zoning Administrator's approval of Minor Use Permit No. UP2010 -036
allowing an eating and drinking establishment (food service with no late hours) with a
covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic
Beverage Control (ABC) license.
After presentations by staff and the applicant, the Commission received
testimony from the shopping center owner, a representative of the Newport
Beach Police Department and the.public. Four residents expressed concern
about the over - concentration of alcohol sales establishments, noise, and public
nuisances. Two members of the public spoke in support of the project. The
Commission denied the appeal, but prohibited alcohol sales on the outside patio
after 8:00 p.m.
This item was approved (4 Ayes, 1 No, 2 Excused)
Item No.5 Malarky's Irish Pub (PA2010 -172)
3011 Newport Boulevard
Summary: The application consists of a conditional use permit request to expand an existing
eating and drinking establishment and to allow for the use of off -site parking. The
application also includes a request for a comprehensive sign program to allow more
than 3 signs on a single- tenant building.
After presentations by staff and the applicant, the Commission received
testimony from the shopping center owner, a representative of the Newport
Beach Police Department and the public. Nineteen members of the public,
spoke in support of the project. Eight residents spoke in opposition, citing
concerns about the over - concentration of alcohol sales establishments, noise,
and public nuisances.
A motion to approve the project with an occupancy limit of 150 persons between
the hours of 11:00 p.m. and 2:00 a.m. failed on a 2 to 3 vote. A motion to
approve the project with the outdoor patio, but without the interior expansion
failed on a 1 to 4 vote. The Commission approved the project with an occupancy
Planning Commission Agenda for March 3, 2011
March 08, 2011
Page 3
limit of 120 persons between the hours of 11:00 p.m. and 2:00 a.m. and with a
review after one -year of operation.
This item was approved (4 Ayes, 1 No, 2 Excused)
Submitted by:
Patrick J. Alford, F51annidg Manager
Agenda Item No. 10
March 8, 2011
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers — 3300 Newport Boulevard
Thursday, March 3, 2011
REGULAR MEETING
6:30 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. 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.
E. REQUEST FOR CONTINUANCES
F. CONSENT ITEMS
ITEM NO.1 Minutes of February 17, 2011 — Will be forthcoming.
G. NON - PUBLIC HEARING ITEMS
ITEM NO.2 General Plan Annual Progress Report (PA2007 -195)
ACTION: Receive and file.
H. PUBLIC HEARING ITEMS
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
Boulevard, during normal business hours.
ITEM NO.3 Jamboree Chevron (PA2008 -165)
1550 Jamboree Road
SUMMARY: The application consists of a conditional use permit to allow the following design and
operation changes to an existing service station: demolition of three, unused service bays
to increase the floor area of the existing convenience market; introduction of off -site beer
and wine sales (Type 20); the addition of an automated car wash; removal of an existing
office /storage building and trash enclosure; construction of a new trash enclosure; the
addition of landscaping areas; and related interior and exterior improvements. The
application also includes a modification or waiver of the landscaping standards of the
Zoning Code to allow fewer trees and shrubs than required.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
ACTION: 1) Conduct public hearing; and
2) Adopt Resolution No. _approving Use Permit No. UP2008 -051.
ITEM NO.4 Crow Burger Kitchen Appeal (PA2010 -155)
3107 Newport Boulevard
SUMMARY: An appeal of the Zoning Administrators approval of Minor Use Permit No. UP2010 -036
allowing an eating and drinking establishment (food service with no late hours) with a
covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage
Control (ABC) license.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures). The Class 3 exemption includes a store, motel, office,
restaurant, or similar structure not involving significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. This exemption also
includes accessory (appurtenant) structures including garages, carports, patios,
swimming pools, and fences.
The proposed project involves the establishment of a restaurant in an existing tenant
space and the construction of a new outdoor patio. The proposed use is less than 2,500
square feet. Therefore, both the interior use and outdoor patio qualify for a categorical
exemption under Class 3.
ACTION: 1) Conduct a de novo hearing; and
2) Adopt Resolution No. _ denying the appeal and upholding and affirming the
decision of the Zoning Administrator to approve Minor Use Permit No. UP2010-
036, subject to the findings and conditions of approval included within the draft
resolution.
ITEM NO. S Malarky's Irish Pub (PA2010 -172)
3011 Newport Boulevard
SUMMARY: The application consists of a conditional use permit request to expand an existing eating
and drinking establishment and to allow for the use of off -site parking. The application
also includes a request for a comprehensive sign program to allow more than 3 signs on
a single- tenant building.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This
exemption authorizes additions to existing structures of up to 10,000 square feet. The
proposed project consists of a 565- square -foot interior dining room expansion and the
construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies
under this exemption.
ACTION: 1) Conduct a public hearing; and
2) Adopt Resolution No. approving Use Permit No. UP2010 -039 and
Comprehensive Sign Program No. CS2011 -003.
I. STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 Planning Director's report.
ITEM NO. 7 Planning Commission reports.
ITEM NO. 8 Office of the City Attorney
1) Mandatory AB 1234 Training Notice to Commissioners at the Council Chambers
a. Tuesday, March 29, 2011 from 10:00 a.m. to 12:00 p.m.
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b. Thursday, March 31, 2011 from 6:00 p.m. to 8:00 p.m.
ITEM NO.9 Announcements on matters that Commission members would like placed on a future
agenda for discussion, action, or report.
ITEM NO. 10 Request for excused absences.
ADJOURNMENT