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Home My WebLink About10 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 9, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949-644-3228;dlepo@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for January 4, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of December 7, 2006 were approved as corrected (All Ayes). Item 2: Thirty First Street, LLC (PA2006 -031) 407, 409, 411 & 413 31 st Street A Use Permit to establish a height limit of 31 -feet, exceeding the base height limit of 26 -feet, for the construction of four mixed -use buildings and approval of a commercial floor area ratio (FAR) less than the minimum 0.25 FAR required for mixed use development projects, a Modification Permit to allow parking spaces to encroach within the front and rear setbacks, and a Lot Line Adjustment to adjust the interior property lines of four lots into four equally sized parcels. This project was continued from previous meeting to allow applicant to revise building design consistent with Planning Commission direction which included greater emphasis on commerical entries, interior rather than exteror stairways to residential units, and double -paned windows to.minimize noise transmission from commercial uses. Planning Commission also required covenant that all occupants of residential units be advised of potential impacts from adjacent commercial uses. This item was approved. (4 Ayes, 2 Noes). Commissioners voting "No" believed project was not fully consistent with new General Plan mixed use policies. Page 2 Item 3. Newport Beach Brewing Company (Use Permit No. 3485) 2920 Newport Boulevard Review of compliance with conditions and consideration of revision or revocation of Use Permit for Newport Beach Brewing Company due to complaints related to the operation. Planning Commission evaluated neighbors' complaints, the operational character of the use, the conditions under which the use operates, staff analysis, police investigations, etc. Three previous Commission hearings were held after complaints from residential neighbors in the mixed -use neighborhood of Cannery Village that late -night patron activities in the Brewing Company parking lot and on or near homes included fighting, sexual activity, drunkenness, and yelling. After August Commission hearing on this matter, Brewing Company operators took heed of Commissioner warnings and implemented new measures including additional security staff in the parking lot, relocation of patron queues away from residential., areas, and restoration of full -menu restaurant service until closing (1:00 AM). Follow -up Police and Code Enforcement investigations uncovered no violations of Use Permit conditions and staff conversations with residents and Planning Commission questions at this hearing revealed significant improvement after institution of new operating procedures. Commissioners questioned the applicant at length and considered how the Brewing Company might be found in compliance with conditions of the Use Permit if the premises were really operated as a bar, not a restaurant, after 10:00 PM, contrary to the intent reflected in Council minutes from the 1999 meeting at which terms of the Use Permit were revised. to allow sale of liquor. After admonishing the applicant for previous operational carelessness and finding that there were no grounds for revocation of the Use Permit or alteration of hours of operation, Commissioners voted to revise conditions of approval that institutionalize recent operations changes without a change in operating hours and requiring subsequent Planning Commission review of operational impacts before October 2008. (5 Ayes, ,1 Recused). Item 4: McCloskey Residence (PA2006 -046) 212 Crystal Avenue Variance to exceed the 1.5 FAR limitation for a single - family home located in the R1.5 District Though typical of recent remodels on Balboa Island, two Commissioners objected to inclusion of a third -story on this new home. Planning: shoredTianning Commissionlpcagendarpt.doc Page 3 This Variance was approved. (4 Ayes, 2 Noes) Item 5: Zov's Bistro (PA2006 -193) 21123 Newport Coast Drive A Use Permit to allow an Alcohohlic Beverage Control Type "47" License for a new restaurant operation in a shopping center suite previously occupied by another restaurant. Coming on the heels of the review of Newport Beach Brewing Company hearing, Commissioners were again concerned that issuance of an on- premise liquor license could effectively pave the way for transformation from restaurant to bar. After testimony from two residents about the quality of Zov's operation evidenced by their other location in Tustin, Commissioners agreed that terms of the Use Permit setting a 10 PM closinglimitationj of operating hours to ed add another tavern in reality, result in another for premises previously occupied by another restaurant could This item was approved (6 Ayes). Item 6: Code Amendment 2006 -008 Appeal Procedures (PA 2006 -257) Code Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise appeal procedures to allow a single City Council Member to appeal decisions of the Zoning Administrator, Planning Director, and Planning Commission. This item was recommended for approval by City Council (All Ayes). Item 7: General Plan Implementation (PA2006 -277) Resolution Establishing Interim Development Review Review of an interim development review process and criteria that will provide a mechanism and procedures for the City to prohibit uses and developments inconsistent with the 2006 General Plan, require compliance with policies of the 2006 General Plan, and consider developments and uses allowed by the 2006 General Plan but inconsistent with the current Zoning Code during the interim period during which the City revises the Zoning Code to implement the 2006 General Plan. Planning: shared\Planning Commissionlpcagendarpt.doc Page 4 After much questioning of staff and comments from two residents, this Rem was recommended for approval to the City Council and will be heard at their meeting of January 9, 2007. (All Ayes). Item 8: General Plan /LCP Implementation Committee Appointments At their December 12, 2006 meeting, the City Council unanimously approved the creation of the General Plan/Local Coastal Program Implementation Committee. The resolution establishing the Committee authorized appointment of three Planning Commissioners by the Planning Commission Chair. Chair Cole appointed Commissioners Barry Eaton, Robert Hawkins, and Michael Toerge. Prepared and submitted by: David Lepo, Pr g Director Planning: sharedlPlanning Commissionl=gendarptdoc Agenda Item No. l0 January 9, 2007 - NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard January 4, 2007 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. = 1iEdUEST "FOR CONTINUANCES: APPROVAL OF MINUTES: Minutes of the regular meeting of December 7, 2006. ACTION: Approve as written and order filed. HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS REMARKS TO THREE MINUTES ON ALL ITEMS. (Red light signifies signifies that the speakechas,one minute left for summation.) 1. ITEM NO. 2. Thirty First Street, LLC (PA2006 -031) 407, 409, 411 & 413 31 st Street RECORDED. SPEAKERS MUST LIMIT when three minutes aie up; yellow light SUMMARY: Request for a Use Permit to establish a height limit of 31 -feet, exceeding the base height limit of 26 -feet, for the construction of four mixed-use buildings and approval of a commercial floor area ratio (FAR) less than the minimum 0.25 FAR required for mixed use development projects. In addition, the applicant is requesting the approval of a modification permit to allow parking spaces to encroach within the front and rear setbacks and a lot line adjustment to adjust the interior property lines of four lots into four equally sized parcels. These actions have been determined to be categorically exempt pursuant to Section 15332 (In -Fill Development Projects) of the Guidelines for Implementation of the California Environmental Quality Act. ACTION: Recommend approval of Use Permit No. 2006 -001, Modification Permit No. 2006- 052, Lot Line Adjustment No. 2006 -010 subject to findings and conditions. CEQA COMPLIANCE: This project has been determined to be categorically exempt pursuant to °Guidelines for Implementation of the California Environmental Quality Act," Class 32 (In -Fill Development Projects). ITEM NO. 3. Newport Beach Brewing Company (PA2006 -177) 2920 Newport Boulevard SUMMARY: Review and possible modification or revocation of Use Permit No. 3485 issued to the Newport Beach Brewing Company due to alleged violations of conditions. ACTION: Modify Use Permit No. 3485 and recommend approval subject to findings and conditions. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 4. McCloskey Residence (PA2006-046) 212 Crystal Avenue SUMMARY: Request for a Variance to exceed the 1.5 FAR limitation for a single - family home located in the R1.5 District. ACTION: Recommend approval of Variance No. 2006 -001 subject to findings and conditions. CEQA ..: COMPLIANCE: This project has been determined to be categorically exempt pursuant to "Guidelines for Implementation of the California Environmental Quality Act," Class 1 (Existing Facilities). ITEM NO. 5. Zov's Bistro (PA2006 -193) 21123 Newport Coast Drive SUMMARY: Request for a Use Permit to allow an Alcohohlic Beverage. Control Type "47" License in conjunction with operation of a restaurant. ACTION: Recommend approval of Use Permit No. 2006 -027 to allow an eating and.drinking establishment to have a Type 47 (On -Sale General Eating Place) License, subject to the findings and conditions of approval. CEQA COMPLIANCE: This project has been determined to be categorically exempt pursuant to "Guidelines for Implementation of the California Environmental Quality Act," Class 1 (Existing Facilities) ITEM NO. 6. Code Amendment 2006 -008 Appeal Procedures (PA 2006 -257) SUMMARY: Request to amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to revise appeal procedures to allow a single City Council Member to appeal decisions of the Zoning Administrator, Planning Director, and Planning Commission. ACTION: Recommend that the City Council adopt Code Amendment 2006 -008 allowing a single City Council Member to appeal decisions of the Zoning Administrator, Planning Director and Planning Commission. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. .ITEM NO. 7. General Plan Implementation (PA2006 -277) Resolution Establishing Interim Development Review SUMMARY: Review of an interim development review process and criteria that will provide a mechanism and procedures for the City to prohibit uses and developments inconsistent with the 2006 General Plan, require compliance with policies of the 2006 General Plan, and consider developments and uses allowed by the 2006 General Plan but inconsistent with the current Zoning Code during the interim period during which the City revises the Zoning Code to implement the 2006 General Plan. The goal of the process is to accommodate quality development and allow opportunities for innovative and high quality urban design. ACTION: Recommend approval of Interim Development Review Requirements and Procedures to the City Council. CEQA r . COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. REM NO. 8. General Plan/LCP Implementation Committee Appointments - SUMMARY: At their December 12, 2006 meeting, the City Council unanimously approved the creation of the General Plan /Local Coastal Program. Implementation Committee. The Implementation Committee will be comprised of three (3) City Council members and three (3) Planning Commission members. The City Council Resolution (attached) directs the Committee to develop a work plan for and monitor progress on all tasks relating to the implementation of the recently adopted General Plan. ACTION: Appoint three Planning Commissioners to serve on the General Plan /Local Coastal Program Implementation Committee. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ADDITIONAL BUSINESS: a) City Council Follow -up — b) Report from Planning Commission's representative to the Economic Development Committee c) Report from the Planning Commission's representative to the Local Coastal Committee d) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting e) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report f) Project status g) Requests for excused absences ADJOURNMENT: