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Home My WebLink About27 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 27 February 26, 2008 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 February 21, 2008 Report of the actions of the Planning Commission Meeting: Item No. 1. Minutes dated January 31, 2008 Summary: Approved as amended and order filed. (6 Ayes, 1 Excused) Item No. 2: Minutes dated February 7, 2008 Summary: Approved as amended and order flied. (All Ayes) Item No. 3. AERIE CONDOMINIUMS 201 & 207 Carnation Avenue and 101 Bayside Place Summary: The application would allow the demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 6- level, 8 -unit multiple- family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two- family residential to multi - family residential). The application includes a tentative tract map for the creation of eight (8) condominium units for individual sale. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacement of demolished apartments occupied by low or moderate income households. No units meeting this criteria are known to exist, and therefore, no replacement of affordable housing units is required. A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application. The Mitigated Negative Declaration states that the subject development will not result in a significant impact on the environment. Page 2 The architect for the AERIE project presented a redesigned plan which complies with the more restrictive PLOED (predominant line of existing development) identified by the City Council. Additionally, the plan reduces the total square footage and number of units of the project while increasing view corridors and number of guest parking spaces. The Commission heard extensive public comment both in support and opposition to the project. Those opposed felt that a full EIR (environmental impact report) should have been completed. Then: was discussion and clarification made on what constitutes "substantial evidence" required to argue that an EIR should be done, and whether an MND (mitigated negative declaration) is sufficient and appropriate in this case. There was also discussion regarding the intent and compliance of the project with policies stated in the Coastal Land Use Plan regarding "visual impact" to the bluff and "minimizing the alteration" of the bluff. The Commissioners discussed and approved revisions to the conditions of approval regarding lighting, landscaping plans, and construction traffic and parking plans. This item was recommended to City Council for approval. (6 Ayes, 1 No) ITEM NO. 4. Fury Rok & Rol Sushi Lounge 4221 Dolphin Striker Way SUMMARY: Revocation of Use Permit No. 3162 and Use Permit No. 2005 -018 The attorney representing Fury requested a continuance of the hearing in order to provide an adequate defense against materials presented to the Planning Commission this evening and in the staff report. There was discussion on whether or not Fury has improved security conditions since the last hearing; and what measures they are willing to take to improve the situation if a continuance is granted. A motion to deny recusal of the Planning Commissioners was discussed and passed. A motion was passed referring this matter to a hearing officer, contingent upon a determination by the City Attorney that a hearing officer is the appropriate hearing body, and if such determination is made a hearing officer is to be appointed and is to hear this matter by March 6th. The Fury business operator is to have a new security company on board by Monday, February 25, and have a new security plan by Wednesday, February 27, submitted to the Police Department for approval and the new company is to be in place by Friday, February 29, 2008. If this is not done by the operator, the Planning Commission will hear this matter on March 6th. If the hearing officer is not the appropriate hearing body, the Planning Commission will hear this item on March 20th This item was approved. (4 Ayes, 3 Noes) Prepared and submitted by: ow Planning: sharechPlanning Commission%pcagendarpt.doc Agenda Item No. 27 February 26, 2008 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard February 21, 2008 REGULAR MEETING 6:30 p.m. CALL TO ORDER 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 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. HEARING ITEMS ITEM NO. 1 Minutes dated January 31, 2008 ACTION: Approve as written and order filed. ITEM NO. 2. Minutes dated February 7, 2008 ACTION: Approve as written and order filed. ITEM NO. 3 AERIE CONDOMINIUMS 201 & 207 Carnation Avenue and 101 Bayside Place SUMMARY: The application would allow the demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 6- level, 8 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two - family residential to multi- family residential). The application includes a tentative tract map for the creation of eight (8) condominium units for individual sale. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacement of demolished apartments occupied by low or moderate income households. No units meeting this criteria are known to exist, and therefore, no replacement of affordable housing units is required. A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application. The Mitigated Negative Declaration states that the subject development will not result in a significant impact on the environment. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution recommending to City Council the approval of General Plan Amendment No. 2005 -006, Zone Change No. 2005 -009, Coastal Land Use Plan Amendment No. 2005 -002, Newport Tract Map No. 2005 -004 (TTM 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002 affecting 201 & 207 Carnation Avenue and 101 Bayside Place in Corona del Mar. CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared in connection with the application noted above. It is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. Copies of the Mitigated Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach. ITEM NO. 4. Fury Rok & Rol Sushi Lounge 4221 Dolphin Striker Way SUMMARY: Revocation of Use Permit No. 3162 and Use Permit No. 2005 -018 ACTION: 1) Conduct public hearing; and 2) Adopt Resolution revoking Use Permit Nos. 3162 and 2005 -018. 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 General Plan/Local Coastal Implementation 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) Proiect status g) Requests for excused absences ADJOURNMENT: