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HomeMy WebLinkAbout22 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 September 8, 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 June 18, 2009 Summary: Approved as corrected. (All Ayes,) Item No. 2 Moriarty Residence 2128 Mesa Dr. Summary: An appeal by the applicant, Richard Moriarty, of the Zoning Administrator approval of a parcel map to consolidate existing portions of lots and parcels into a single parcel of land for single - family development. The applicant requests relief from conditions of approval relating to Coastal Commission approval and the ingress /egress access easement. This item was continued to November 9, 2009. After hearing from the applicant, the Planning Commission agreed to continue this item for 90 days to allow the applicant, City, County, and neighboring property owners to finalize an agreement to provide permanent vehicular access to the subject property. Item No. 3 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 hours of operation by extending lunch service (11:00 am to 1:1 entertainment and dancing. The agreement to allow the continued located at 2865 E. Coast Highway. existing restaurant: 1) Expand the existing the closing time to 1:00 a.m., and providing )0 am, daily); and 2) Introduction of live application also includes an off -site parking use of 40 off -site parking spaces on property This item was continued to September 17, 2009. Planning Commission Agenda Report September 8, 2009 Page 2 After considering a request by the applicant to continue this item, the Planning Commission received the staff report and testimony from representatives of the Police Department, the applicant, and members of the public. The Police described recent violations of use permit conditions on the hours of operation and live entertainment, overcrowding, and noise complaints. The applicant stated that he needed more time to respond to the issues raised in the staff report. Five residents spoke in opposition to the project, citing noise, public nuisance, and parking impacts. Ten residents and employees spoke in support. Item No. 4 Balboa Inn Hotel / Siena Restaurant (PA2008 -197) 105 Main Street Summary: A six -month review will be conducted for an amendment to Use Permit No. 3158. On March 19, 2009, the Planning Commission approved an amendment to Use Permit No. 3158 that allowed live entertainment for the patrons of the restaurant within the covered courtyard, and expanded the number, hours and area of private events with live entertainment. Received and filed. After receiving the staff report, the Planning Commission questioned the . applicant's representative on the restaurant's noise control procedures. One resident spoke about a safety issue involving a podium adjacent to the Ocean Front Boardwalk. The Planning Commission determined that the noise control conditions were being satisfactory implemented and that there was no need of subsequent reviews. Prepared and submitted by: Davy Lepo, Plannin hector NEWPORT BEACH PLANNING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL AGENDA Council Chambers - 3300 Newport Boulevard Thursday, August 20, 2009 REGULAR MEETING 6:30 p.m. Agenda Item No. _ September 8, 2009 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 6, 2009 ACTION: Approve and file. PUBLIC HEARINGS ITEM NO. 2 Moriarty Residence 2128 Mesa Dr. SUMMARY: An appeal by the applicant, Richard Moriarty, of the Zoning Administrator approval of a parcel map to consolidate existing portions of lots and parcels into a single parcel of land for single - family development. The applicant requests relief from conditions of approval relating to Coastal Commission approval and the ingress /egress access easement. CEQA COMPLIANCE: The project is categorically exempt under Section 15315, California Environmental Quality Act (CEQA) Guidelines - Class 15 (Minor Land Divisions), ACTION: 1) Conduct public hearing; and 2) Adopt Resolution denying the appeal and upholding and affirming the decision of the Zoning Administrator and approving Parcel Map No. NP2008 -024, subject to the findings and conditions of approval included within the attached draft resolution (Attachment No. PC1). NEW BUSINESS ITEM NO. 3 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) ITEM NO.4 Balboa Inn Hotel / Siena Restaurant (PA2008 -197) 105 Main Street SUMMARY: A six -month review will be conducted for an amendment to Use Permit No. 3158. On March 19, 2009, the Planning Commission approved an amendment to Use Permit No. 3158 that allowed live entertainment for the patrons of the restaurant within the covered courtyard, and expanded the number, hours and area of private events with live entertainment. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). ACTION: Receive testimony at public hearing and file. ADDITIONAL BUSINESS ITEM NO. 5 City Council Follow -up. ITEM NO. 6 Planning Commission reports. ITEM NO. 7 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 8 Request for excused absences.