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HomeMy WebLinkAbout15 - PC Special Meeting Agenda & Action ReportNEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE MONDAY, AUGUST 11, 2014 SPECIAL MEETING — 6:30 p.m. CALL TO ORDER August 12, 2014 Agenda Item No. 15 II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. 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 three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 17, 2014 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. ITEM NO.2 LIDO HOUSE HOTEL (PA2013 -217) AND FORMER CITY HALL COMPLEX AMENDMENTS (PA2012 -031) Site Location: 3300 Newport Boulevard and 475 32 "d Street Summary: Amendments of the General Plan, Coastal Land Use Plan, and Zoning Code to change the land use designation and zoning of the former City Hall site from Public Facilities to Mixed -Use and a Site Development Review, Conditional Use Permit, and Traffic Study for the development and operation of an upscale, 130 -room hotel. CEQA Compliance: The Lido House Hotel Environmental Impact Report (EIR) (SCH# 2013111022) was prepared to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 ( "CEQA "), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.) which concluded that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures identified in the Draft EIR. Recommended Action: 1. Conduct a public hearing; and 1 of 3 2. Adopt the attached resolution recommending City Council certification of the Lido House Hotel Environmental Impact Report No. ER2014 -003 (SCH# 2013111022) in accordance with the California Environmental Quality Act; and 3. Adopt the attached resolution recommending City Council approval of General Plan Amendment No. GP2012 -002, Coastal Land Use Plan Amendment No. LC2012 -001, Zoning Code Amendment No. CA2012 -003, Site Development Review No. SD2014 -001, Conditional Use Permit No. UP2014 -001, and Traffic Study No. TS2014 -005. ITEM NO.3 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014 -058) Site Location: 3014 Balboa Boulevard Summary: An appeal of the Zoning Administrator's approval of a minor use permit to add a Type 41 Alcohol Beverage Control License (On -Sale Beer and Wine) in conjunction with an existing eating and drinking establishment previously approved by Specialty Food Permit No. 46. The proposal is for a maximum of 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. consistent with the existing Specialty Food Permit. If approved, this Minor Use Permit would supersede Specialty Food Permit No. 46. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by: 1. Adopting the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013 -023 (Attachment No. PC 1); or 2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision (Attachment No. PC 2) ITEM NO.4 PORT THEATER ALCOHOL SERVICE (PA2014 -019) Site Location: 2905 E. Coast Highway Summary: A Conditional Use Permit superseding Minor Use Permit No. UP2012 -009 for the Port Theater. The request is to allow alcohol service to be served throughout the theater (both the first and second level) during screenings with no age restrictions. Alcohol service during screenings is currently limited to the second floor mezzanine or in conjunction with screenings for patrons 21 years of age and older. The Port Theater currently has a Type 47 (On -Sale General) Alcoholic Beverage Control License with food service at a landmark theater. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; 2. Adopt Resolution No. approving Conditional Use Permit No. UP2014 -030 superseding UP2012 -009 to operate the Port Theater (a landmark theater) in conjunction with 2 of 3 entertainment, a Type 47 (On -Sale General) Alcoholic Beverage Control License, and food service (Attachment No. PC 1). ITEM NO. 5 LIDO THEATER ALCOHOL SALES (PA2014 -048) Site Location: 3459 Via Lido Summary: A Minor Use Permit for the Lido Theatre to allow a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The existing theater operates from 11:00 a.m. to 1:00 a.m., daily. The requested hours for alcohol service are from 11:00 a.m. to 11:00 p.m., daily. Alcohol service during movie screenings would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during screenings that are limited to patrons 21 years of age and older. Additionally, alcohol service is proposed during live performances up to 20 times per year. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; 2. Staffs recommendation is pending final review of the application by the Newport Beach Police Department. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan /Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 3of3 �tab�'PORT p O c �r 9ciFOa" TO: Ia[AL'F CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: TITLE: August 12, 2014 Agenda Item No. 15 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Community Development Department Kimberly Brandt, AICP, Director 949 - 644 - 3226, kbrandt(cDnewportbeachca.gov Brenda Wisneski, Deputy Director Community Development 949- 644 -3297; bwisneski(5)newportbeachca.pov Planning Commission Agenda Report for August 11, 2014 ITEM NO. 1 MINUTES OF JULY 17, 2014 The minutes were amended and approved (5 ayes, 1 abstention, 1 absent). AYES: Brown, Koetting, Lawler, Myers, and Tucker NOES: None ABSENT: Kramer ABSTAIN: Hillgren PUBLIC HEARING ITEMS: ITEM NO. 2 LIDO HOUSE HOTEL (PA2013 -217) AND FORMER CITY HALL COMPLEX AMENDMENTS (PA2012 -031) Site Location: 3300 Newport Boulevard and 475 32nd Street SUMMARY: Amendments of the General Plan, Coastal Land Use Plan, and Zoning Code to change the land use designation and zoning of the former City Hall site from Public Facilities to Mixed -Use and a Site Development Review, Conditional Use Permit, and Traffic Study for the development and operation of an upscale, 130 - room hotel. CEQA COMPLIANCE: The Lido House Hotel Environmental Impact Report (EIR) (SCH# 2013111022), prepared to evaluate the environmental impacts resulting from the proposed project, concluded that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures. Principal Planner Jim Campbell gave a presentation summarizing the applicants' request. City Council Staff Report Page 2 The Planning Commission voted to recommend to the City Council certification of the EIR and approval of the application, but with modifications to the proposed land use and zoning designations that eliminate the potential to develop 93 dwelling units and 15,000 square feet of commercial uses on the property (5 ayes, 1 abstention, 1 absent). AYES: Brown, Koetting, Lawler, Myers, and Tucker NOES: None ABSENT: Kramer ABSTAIN: Hillgren ITEM NO. 3 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014 -058) Site Location: 3014 Balboa Boulevard SUMMARY: An appeal of the Zoning Administrator's approval of a minor use permit to add a Type 41 Alcohol Beverage Control License (On -Sale Beer and Wine) in conjunction with an existing eating and drinking establishment previously approved by Specialty Food Permit No. 46. The proposal is for a maximum of 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m. consistent with the existing Specialty Food Permit. If approved, this Minor Use Permit would supersede Specialty Food Permit No. 46. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). At the request of the applicant, this item was continued to August 21, 2014. ITEM NO. 4 PORT THEATER ALCOHOL SERVICE (PA2014 -019) Site Location: 2905 E. Coast Highway SUMMARY: A Conditional Use Permit superseding Minor Use Permit No. UP2012 -009 for the Port Theater. The request is to allow alcohol service to be served throughout the theater (both the first and second level) during screenings with no age restrictions. Alcohol service during screenings is currently limited to the second floor mezzanine or in conjunction with screenings for patrons 21 years of age and older. The Port Theater currently has a Type 47 (On -Sale General) Alcoholic Beverage Control License with food service at a landmark theater. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Assistant Planner Makana Nova gave a presentation summarizing the applicants' request. The Planning Commission voted to approve the project with modifications to the conditions of approval (4 ayes, 2 noes, 1 absent). City Council Staff Report Page 3 AYES: Brown, Lawler, Myers, and Tucker NOES: Hillgren and Koetting ABSENT: Kramer ABSTAIN: None ITEM NO. 5 LIDO THEATER ALCOHOL SERVICE (PA2014 -048) Site Location: 3459 Via Lido SUMMARY: A Minor Use Permit for the Lido Theatre to allow a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The existing theater operates from 11:00 a.m. to 1:00 a.m., daily. The requested hours for alcohol service are from 11:00 a.m. to 11:00 p.m., daily. Alcohol service during movie screenings would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during screenings that are limited to patrons 21 years of age and older. Additionally, alcohol service is proposed during live performances up to 20 times per year. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). At the request of the applicant, this item was continued to September 4, 2014.