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Home My WebLink About12 - Planning Commission Agenda - 8-18-2005CITY OF NEWPORT BEACH Agenda Item No. 12 August 23, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director ptemple@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for August 18, 2005 Report of the actions of the Planning Commission Regular Meeting: Item 1: The minutes of August 4, 2005 were approved as corrected. (5 Ayes, 2 Abstain) Item 2: Panini Mediterranean Restaurant (PA2005 -155) 4647 MacArthur Blvd. This item was a request to amend Use Permit No. 2002 -040 to extend the hours of operation of the Panini Mediterranean Resturant from 1:00 AM to 4:00 AM. Discussion centered on the advisability of a 4:00 AM closing for any eating and drinking establishment with an ABC license. The majoirity of the Commission felt that the location within the Airport business area made this approvable, so long as there is an opportunity to terminate the approval if problems arise. The item was approved for a temporary, on year trial period and is subject to appeal by the public or City Council. (6 Ayes, 1 No) Item 3: Saagar Fine Indian Cuisine (PA2005 -026) 4248 Martingale Way Use Permit No. 3578 and Traffic Study No. 2005 -003 to allow the operation of an eating and drinking establishment (restaurant) and to authorize the sale of alcoholic beverages for on -site consumption pursuant to the Alcoholic Beverage Ordinance (ABO). Additionally, the request involves approval of a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). The property is located in the Newport Place Planned Community District. This item was approved without discussion and is subject to appeal by the public or City Council. (All Ayes) Item 4: Le Quai Restaurant (PA2005 -041) 2816 Lafayette Avenue This item was an amendment to Use Permit No. 3578 to allow a 293 square foot expansion of an existing restaurant into an adjacent retail suite for a new lobby and hallway entrance into the restaurant. A waiver of the required parking spaces associated with the addition is also requested. The property is located in the SP -6 (Cannery Village /McFadden Square Specific Plan Area) District. Discussion Planning Commission Agenda August 18, 2005 Page 2 focused on the availability of a public parking facility in the Cannery Village area. This item was approved and is subject to appeal by the public or City Council. (All Ayes) Item 5: Newport Marina LLC (PA2004 -072) 919 Bayside Drive The applications would allow the redevelopment of the Newport Marina Apartment complex located at 919 Bayside Drive. The existing 64 -unit apartment complex, located on approximately 4.78 acres, will be demolished and replaced with a 17- unit, gated residential community. The tentative tract map proposes to establish 17 individual residential lots for custom home construction, 1 common recreational lot with possibly a pool and shade structure, 2 landscape /open space lots and waterfront lot containing floating docks (existing). Private streets are proposed. A request to re -zone the site by applying the PRD (Planned Residential Development) overlay to the existing MFR (2178) zoning designation is also included. The proposed PRD overlay and accompanying Use Permit would establish development regulations related to lot coverage and setbacks specifically for this planned residential development. The coastal residential development permit is required as 64 residential units are proposed to be demolished within the coastal zone and the project must be reviewed for compliance with the Government Code Section 65590 (Mello Act). The project also includes the demolition of the existing apartment building and all associated structures, grading, installation of utilities, private streets, landscaping, site lighting, site walls, water quality improvements, access easements and upgrades to the public right of way adjacent to the project site. This was a lengthy hearing with a number of critical parts of the project discussed, including the location and design of the public access (whether the existing on- the -water access is still adequate), the appropriateness of maintaining the MFR (Multi - Family Residential) land use and zoning designation for the single - family subdivision, the appropriate setback along Bayside Drive for both landscaping and the residential structures, and whether there should be an internal sidewalk system within the subdivision. After testimony and deliberations, the Commission took straw votes to modify the proposal as follows: • The General Plan and Zoning classification will remain MFR, with an added condition on the Use Permit limiting development to single family. • A 4 foot landscape setback on Bayside Drive, with the residential structures 10 feet from that landscaping. • The public access on the water to stay within the dock system, but widened to 10 feet with safety enhancements as required by the Harbor Resources Division and the Building Department. • No sidewalks are to be required within the subdivision. Planning: shared \Planning Commission \pcagendarpt.doc Planning Commission Agenda August 18, 2005 Page 3 This item was continued to September 8, 2005, to allow staff to prepare revisions to the Resolution for approval to reflect the direction given by the Planning Commission. (6 Ayes, 1 Recused) Submitted by: � -�j I I J'�q , ZL& ti Patricia L. Temple, Plan ing Director Planning: shared \Planning Commission \pcagendarpt.doc Agenda Item No. 12 August 23, 2005 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard August 18, 2005 CALL TO ORDER 6:30 p.m. 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. REQUEST FOR CONTINUANCES: CONSENT CALENDAR Notice to the Public All matter(s) listed under CONSENT CALENDAR (Item 1 and 1B) is considered by the Commission to be routine and will all be enacted by one motion in the form listed below. The Planning Commission Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Commission votes on the motion unless members of the Commission, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chairman, state their name and Consent Calendar Item number. ITEM NO. 1. Minutes of the regular meeting of August 4, 2005. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 2. Panini Mediterranean Restaurant (PA2005 -155) 4647 MacArthur Blvd. SUMMARY: Request to amend Use Permit No. 2002 -040 to extend the hours of operation of the Panini Mediterranean Resturant from 1:00 AM to 4:00 AM. ACTION: Approve and amendment to Use Permit No. 2002 -040. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS TAPE 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.) ITEM NO. 3. Saagar Fine Indian Cuisine (PA2005 -026) 4248 Martingale Way SUMMARY: Use Permit and Traffic Study approval to allow the operation of an eating and drinking establishment (restaurant) and to authorize the sale of alcoholic beverages for on -site consumption pursuant to the Alcoholic Beverage Ordinance (ABO). Additionally, the request involves approval of a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). The property is located in the Newport Place Planned Community District. ACTION: Approve Use Permit No. 2005 -004 and Traffic Study No. 2005 -003 subject to the findings and conditions. ITEM NO. 4. Le Quai Restaurant (PA2005 -041) 2816 Lafayette Avenue SUMMARY: An amendment to Use Permit No. 3578 to allow a 293 square foot expansion of an existing restaurant into an adjacent retail suite for a new lobby and hallway entrance into the restaurant. A waiver of the required parking spaces associated with the addition is also requested. The property is located in the SP-6 (Cannery Village /McFadden Square Specific Plan Area) District. ACTION: Approve an amendment to Use Permit No. 3578 subject to the findings and conditions. ITEM NO. 5. Newport Marina LLC. 919 Bayside Drive SUMMARY: The applications would allow the redevelopment of the Newport Marina Apartment complex located at 919 Bayside Drive. The existing 64 -unit apartment complex, located on approximately 4.78 acres, will be demlished and replaced with a 17 -unit, gated residential community. The tentative tract map proposes to establish 17 individual residential lots for custom home construction, 1 common recreational lot with possibly a pool and shade structure, 2 landscape /open space lots and waterfront lot containing floating docks (existing). Private streets are proposed. A request to re -zone the site by applying the PRD (Planned Residential Development) overlay to the existing MFR (2178) zoning designation is also included. The proposed PRD overlay and accompanying Use Permit would establish development regulations related to lot coverage and setbacks specifically for this planned residential development. The coastal residential development permit is required as 64 residential units are proposed to be demolished within the coastal zone and the project must be reviewed for compliance with the Government Code Section 65590 (Mello Act). The project also includes the demolition of the existing apartment building and all associated structures, grading, installation of utilities, private streets, landscaping, site lighting, site walls, water quality improvements, access easements and upgrades to the public right of way adjacent to the project site. ACTION: Approve Code Amendment No. 2005 -007, Use Permit No. 2005 -026, Tract Map No. 2004 -001 (TTM No. 15323) and Coastal Residential Development No. 2005 -001 subject to the findings and conditions. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Report from Planning Commission's representative to the Economic Development Committee - c) Report from Planning Commission's representatives to the General Plan Update Committee — d) Report from Planning Commission's representative to the Local Coastal Plan Certification Committee — e) Report from Planning Commission's representative to the Zoning Committee - f) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - g) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - h) Status Reports on Planning Commission requests - i) Project status — j) Requests for excused absences - ADJOURNMENT: