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Home My WebLink About26 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 26 July 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 July 17 2008 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated June 5, 2008 Summary: Approved as corrected and order filed. ( 4 Ayes, 1 Abstain, 2 Absent) Item No. 2 Minutes June 19, 2008 Summary: Approved as corrected and order filed. (4 Ayes, 1 Abstain, 2 Absent) Election of Officers: Scott Peotter, Chairman; Bradley Hillgren, Vice Chairman; Barry Eaton, Secretary Item No. 3 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way Summary: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. The Planning Commission passed a motion to remove the item from calendar after hearing an update on the settlement agreement reached with Fury Rok & Rol Sushi Lounge This item was removed from calendar. (4 Ayes, 1 Abstain, 2 Absent) Item No. 4 Sejour (PA2002 -167) 3400 Via Lido Summary: Revocation of use permits for an offsite alcoholic beverage outlet with accessory on -site alcohol consumption, food service and live entertainment. After discussion and review of the various options for action available to them, the Planning Commission approved the resolution recommended by Staff modifying Use Permit No. 2001 -005 to incorporate the modified conditions and rescinding Use Permit No. 2002 -034, subject to the findings and conditions included within the resolution. This item was approved. (4 Ayes, 1 Abstain, 2 Absent) Page 2 Item No. 5 Powers Residence (PA2007 -176) 2223 Pacific Drive Summary: Modification Permit to exceed the three -foot height limitation in the front yard setback to allow for a vehicular- bridge driveway, for guard - railings associated with the vehicular- bridge driveway, and for walls located at the side property lines. The Planning Commission viewed a slide presentation given by the architect which included changes to the landscaping within the front yard not yet presented to Staff. Staff, sighting their submitted report, asked the Planning Commission to provide guidance and direction regarding application of various Design Criteria items in the Residential Design Criteria Checklist and policies in the Land Use Element of the General Plan. With approval of the changes to the front yard area and acceptance of the updated plans, the Planning Commission provided facts and findings to the resolution which justified approval of the project. This item was approved. (5 Ayes, 2 absent)) Item No. 6 Santa Barbara Condominiums (PA2004 -169) 900 Newport Center Drive Summary: Scala Real Estate Partners, the new owner of the Santa Barbara Condominiums project, is requesting additional time to review and accept the proposed development agreement. This item will be removed from the Planning Commission calendar and re- advertised once it is ready. This item was removed from calendar. (5 Ayes, 2 Absent) Item No. 7 930 Sushi (PA2007 -211) 930 West Coast Highway Summary: Request to amend Use Permit No. 3649 to allow a change in operational characteristics from a full- service, small -scale to full - service, low turnover eating and drinking establishment. A 548 - gross- square -foot expansion is proposed (including 390 square feet of net public area) for the purpose of providing an additional dining area and a bar. Also requested is a change of the alcoholic beverage license from a Type 41 to a Type 47, and a waiver of 13 off - street parking spaces that would be required for the expansion of the restaurant. An amendment to Accessory Outdoor Dining Permit No. 54 is requested to allow an 18.5- square -foot increase to the existing 138.5- square -foot outdoor dining area. Planning Commission members reviewed and discussed issues related to the number and use of parking spaces available to the property, the possible problems resulting from changing the operational characteristics of the facility, and upgrading the alcoholic beverage license from a Type 41 to a Type 47. The resolution was approved with hours of operation recommended by the Police Department. The Planning: sharedWlanning Commissionlpcagendarpt.doc Page 3 conditions of approval were amended to include a condition requiring the applicant to return to the Planning Commission for review of the Use Permit's floor area allowance during lunch time hours when the plans to widen Pacific Coast Highway are implemented reducing the number of parking spaces available to the facility. This item was approved. (4 Ayes, 1 No, 2 Absent) Prepared and submitted by: Planning: sharedtPlanning CommissionVcagendarpt.doc July 22, 2008 Agenda hem No. ?6 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard July 17, 2008 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ELECTION OF OFFICERS: 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. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the office of the Planning Department located at 3300 Newport Boulevard during normal business hours. ITEM NO. 1 Minutes dated June 5, 2008 ACTION: Approve as written and order filed. ITEM NO. 2 Minutes dated June 19, 2008 ACTION: Approve as written and order filed. OLD BUSINESS ITEM NO. 3 Fury Rok & Rol Sushi Lounge. (PA2005 -087) 4221 Dolphin Striker Way SUMMARY: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. ACTION: Remove from calendar. CEQA COMPLIANCE: The proposed project has been revlewed 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). PUBLIC HEARINGS ITEM NO. 4 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. ACTION: 1) Resume the public revocation hearing; and 2) Adopt Resolution modifying Use Permit Nos. 2001 -005 to incorporate the modified conditions and rescinding 2002 -034, subject to the findings and conditions included within. 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. 5 Powers Residence (PA2007 -176) 2223 Pacific Drive SUMMARY: Modification Permit to exceed the three -foot height limitation in the front yard setback to allow for a vehicular -bridge driveway, for guard - railings associated with the vehicular- bridge driveway, and for walls located at the side property lines. ACTION: 1) Conduct public hearing; and 2) Deny Modification Permit No. MD2008 -020 with the findings in the attached resolution. 3) Provide direction to the Planning Department on the proposed project's consistency with the Residential Design Criteria (Ordinance No. 2007 -3) and General Plan and Coastal Land Use Plan (CLUP) policies. CEQA COMPLIANCE: The project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). ITEM NO. 6 Santa Barbara Condominiums (PA2004 -169) 900 Newport Center Drive SUMMARY: Scala Real Estate Partners, the new owner of the Santa Barbara Condominiums project, is requesting additional time to review and accept the proposed development agreement. This item will be removed from the Planning Commission calendar and re- advertised once it is ready. ACTION: Remove this item from calendar. CEQA COMPLIANCE: A Negative Declaration has been prepared by the City of Newport Beach that states the subject development will not result in a significant effect on the environment. ITEM NO. 7 930 Sushi (PA2007 -211) 930 West Coast Highway SUMMARY: Request to amend Use Permit No. 3649 to allow a change in operational characteristics from a full - service, small -scale to full - service, low turnover eating and drinking establishment. A 548 - gross- square - foot - expansion is proposed (including 390 square feet of net public area) for the purpose of providing an additional dining area and a bar. Also requested is a change of the alcoholic beverage license from a Type 41 to a Type 47, and a waiver of 13 off - street parking spaces that would be required for the expansion of the restaurant. An amendment to Accessory Outdoor Dining Permit No. 54 is requested to allow an 18.5- square -foot increase to the existing 138.5 - square -foot outdoor dining area. ACTION: 1) Conduct public hearing; and 2) Adopt a resolution approving an amendment to Use Permit No. 3649 and Accessory Outdoor Dining Permit No. 54 subject to findings and conditions of approval. CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NEW BUSINESS ITEM NO. 8 Planning Commission Minutes ITEM NO. 9 City Council Follow -up. ITEM NO. 10 Planning Commission reports. ITEM NO. 11 Project Status. ITEM NO. 12 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 13 Request for excused absences. ADJOURNMENT: