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Home My WebLink About24 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 April 22, 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 April 17, 2008 Report of the actions of the Planning Commission Meeting: Item No. 1. Minutes dated April 3, 2008 Summary: This item was approved. (All Ayes) Item No. 2. Sejour (PA2002 -167) 3400 Via Lido Summary: Revocation of use permits for an off -site alcoholic beverage outlet with accessory on -site alcohol consumption, food service and live entertainment. (Continued from March 20, 2008). This item was continued to June 5, 2008. The Planning Commission directed staff to return with revised conditions to reduce the hours of operation, limit the primary use to off -sale wine, limit food service and on -site alcohol consumption, and revise the floor plan to reflect the primary use of the off -sale of wine. (4 Ayes, 3 Noes) Item No. 3 Peter Ferrarini Residence (PA2007 -214) 201 Crystal Avenue Summary: A variance to permit a new single - family dwelling to exceed the maximum permitted floor area limitation. Additionally, the request is for a modification permit to allow the encroachment of the new single - family dwelling into the required setbacks as follows: 14 -feet 8- inches into the 20 -foot front yard setback adjacent to Park Avenue; 1 -foot into the 3 -foot side yard setback for a portion of the garage on the northeast side along Crystal Ave; 7 -feet into the 10 -foot rear yard setback, and 4 feet into the reversed corner, 6 -foot setback for the rear 20 feet of the northeasterly comer along Crystal Avenue. (Continued from March 6, 2008) Page 2 The applicant submitted revised plans to address the concerns of the adjoining property owner. The revised plans reduce the encroachment into the front setback, remove two peaked architectural features, and reduce the overall square footage for this project. This item was approved as proposed. (All Ayes) Item No. 4. Seashore Village (PA2007 -100) 5515 River Ave Summary: Use Permit for building height exemption; Modification Permit for setbacks and building separation; Tentative Tract Map established for condominium purposes; Coastal Residential Development Plan for compliance with CA Government Code Section 65590 and Chapter 20.86 of the City's Municipal Code; and Mitigated Negative Declaration. The Planning Commission's discussion focused on project's compatibility with the surrounding neighborhood. This item was approved as proposed. (All Ayes) Item No. S. Pavilions Wine Tasting (PA2007 -243) 21181 Newport Coast Dr Summary: A use permit for an on -sale wine tasting bar and area with a Type 42 On- Sale Beer & Wine Public Premise alcoholic beverage license. This item was approved with revisions to conditions regarding operating hours, the separation barrier to the consumption area, alcohol training, and the number of servers required at the wine tasting counter. (5 Ayes, 2 Noes) Item No. 6. Rudy's Pub & Grill (PA2007 -255) 3110 Newport Boulevard Summary: An amendment to Use Permit No. 2004 -049 to allow a change in the operational characteristics of an existing eating and drinking establishment. The applicant requests to add 243 square feet of storage area on the first floor and to enclose an existing 135 - square -foot patio on the second floor for office use. Pursuant to Section 20.85.060 (Changes in Operational Characteristics), an amendment to the use permit is required because the increase in gross floor area is in excess of 250 square feet. A modification permit is requested because the area of the proposed second floor addition encroaches 4 feet into the required 10 -foot alley setback. This item was approved as proposed. (All Ayes) Planning: sharedlPlanning CommissionVcagendarpt.doc Page 3 Item No. 7. Fury Rok & Rol Sushi Lounge 4221 Dolphin Striker Way Summary: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. Staff reported that the hearings for this item have begun and are expected to conclude by April 25th Item No. 8. Planning Commission procedures, minutes, and business (Continued from 04/03/2008) This item was not heard due to the late hour. Prepared and submitted by: // %►. f Planning: sharedWlanning CommissionVeagendarpt.doc NEWPORT BEACH PLANNING CdaT��i•Z•] 77;7 PLEDGE OF ALLEGIANCE ROLL CALL AGENDA Council Chambers - 3300 Newport Boulevard April 17, 2008 REGULAR MEETING 6:30 p.m. Agenda Item No. 24 . April 22, 2008 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. ITEM NO. 1 Minutes dated April 3, 2008 ACTION: Approve as written and order filed. PUBLIC HEARINGS ITEM NO. 2 Sejour (PA2002 -167) 3400 Via Lido SUMMARY: Revocation of use permits for an off -site alcoholic beverage outlet with accessory on -site alcohol consumption, food service and live entertainment. (Continued from March 20, 2008) ACTION: 1) Conduct public hearing; and 2) Adopt Resolution revoking Use Permit Nos. 2001 -005 and 2002 -034. CEQA COMPLIANCE: The proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). ITEM NO. 3 Peter Ferrarini Residence (PA2007 -214) 201 Crystal Avenue SUMMARY: A variance to permit a new single - family dwelling to exceed the maximum permitted floor area limitation. Additionally, the request is for a modification permit to allow the encroachment of the new single - family dwelling into .the required setbacks as follows: 14 -feet 8- inches into the 20 -foot front yard setback adjacent to Park Avenue; 1 -foot into the 3 -foot side yard setback for a portion of the garage on the northeast side along Crystal Ave; 7 -feet into the 10 -foot rear yard setback, and 4 feet into the reversed corner, 6 -foot setback for the rear 20 feet of the northeasterly comer along Crystal Avenue. (Continued from March 6, 2008) ACTION: 1) Conduct public hearing; and 2) Adopt Resolution approving Variance VA2007 -004 and Modification Permit MD2007 -078 CEQA COMPLIANCE: This project has been. reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) and Class 5 (Minor alterations to land use limitations) ITEM NO. 4 Seashore Village (PA2007 -100) 5515 River Ave SUMMARY: A Use Permit for building height exemption; Modification Permit for setbacks and building separation; Tentative Tract Map established for condominium purposes; Coastal Residential Development Plan for compliance with CA Government Code Section 65590 and Chapter 20.86 of the City's Municipal Code; and Mitigated Negative Declaration. (Continued from April 3, 2008) ACTION: 1) Conduct public hearing; and 2) Adopt a Resolution adopting the Mitigated Negative Declaration; and 3) Approve a Resolution approving Residential Development Permit CR2007 -001, Tentative Tract Map NT2007 -001, Use Pernit UP2007 -011 and Modification Permit MD2007 -044 CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above in accordance with CEQA Guidelines. The Negative Declaration states that the. subject development will not result in a significant effect on the environment. ITEM NO. 5 Pavilions Wine Tasting (PA2007 -243) 21181 Newport Coast Dr SUMMARY: A use permit for an on -sale wine tasting bar and area with a Type 42 On-Sale Beer & Wine Public Premise alcoholic beverage license. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution approving Use Permit 2007 -029 CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) ITEM NO.6 Rudy's Pub & Grill (PA2007 -255) 3110 Newport Boulevard SUMMARY: An amendment to Use Permit No. 2004 -049 to allow a change in the operational characteristics of an existing eating and drinking establishment. The applicant requests to add 243 square feet of storage area on the first floor and to enclose an existing 135 - square -foot patio on the second floor for office use. Pursuant to Section 20.85.060 (Changes in Operational Characteristics), an amendment to the use permit is required because the increase in gross floor area is in excess of 250 square feet. A modification permit is requested because the area of the proposed second floor addition encroaches 4 feet into the required 10 -foot alley setback. ACTION: 1) Conduct public hearing; and 2 Adopt Resolution approving the amendment to Use Permit No. 2004 -049 and approving Modification Permit No. 2007 -092. CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) OLD BUSINESS ITEM NO. 7 Fury Rok & Rol Sushi Lounge 4221 Dolphin Striker Way SUMMARY: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018 ACTION: Receive and file. CEQA COMPLIANCE: The proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). ITEM NO. 8 Planning Commission procedures, minutes, and business (Continued from 04/03/2008) ACTION: After Planning Commission discussion, provide direction to staff. NEW BUSINESS ITEM NO. 9 City Council Follow -up. ITEM NO. 10 Planning Commission reports. a. Report from Planning Commission's representative to the Economic Development Committee b. Report from the Planning Commission's representative to the General Plan/Local Coastal Implementation Committee c. Project status ITEM NO. 11 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 12 Requests for excused absences. ADJOURNMENT: