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Home My WebLink AboutS8 - Planning Commission AgendaAgenda Item No, SS December 14, 2010 CITY OF NEWPORT BEACH PLANNING COMMISSION ACTION REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager 949-644-3235; patford@newportbeachca.gov SUBJECT: Report of the actions taken at December 9, 2010 Planning Commission Meeting Item No, I Minutes dated November 18, 2010 Summary: Approved as corrected. (All Ayes) Item No.2 Summary: The applicant requests approval of an amendment to Use Permit No. UP2010- 002 to revise the parking management program and waive three additional parking spaces for a total of eight of the required 243 parking spaces. The waiver would allow three outdoor dining pafJos in conjunction with eating and drinking establishments in the shopping center. Item No.3 Summary-- After nearly 3 hours of testimony and discussion, the Commission initially denied the application on a 4-3 vote. After a motion for recoRsideration, the Planning Commission approved the application With the revisions that would allow the additional outdoor dining patio, floor area provided that patio areas in excess of 25 percent of the interior net public area of the restaurant would be counted towards the maximum 16 percent of the total gross , 5, floor area of the shopping center allocated to eating and drinking establishments. This item was approved (4 Ayes, 3 Noes), ChIpotle Mexican Grill - (PA2010-096) 1101, Newport Boulevard This item was continued from November. 18, 20,40 meeting, Most of the Issues virore addressed at the prior meeting, leaving only the issue of parking, which, was resolved. With the approval of Item No; 2. This item was approved (All Ayes). Planning Commission Agenda Report December 14, 2010 Page 2 Item NoA Mc4aren Newport Beach — (PA2010 -165) 2540 -2542 West Coast Highway Summary: The application is a conditional use permit to allow an automobile dealership (Vehicle Sales) in an existing commercial building. The proposed use would be limited to sales of vehicles only, with the inventory; storage; maintenance, and repair of vehicles conducted off - site. The Commission had a few questions regarding the proposed conditions of approval. This item was approved (All Ayes). Item No.5 Rose Bakery CafB Parking Management Plan — (PA2010 -103) 3536 East Coast Highway Summary: Rose Bakery Cafe requests an amendment to Use Permit No. 2009 -035 to waive 15 parking spaces required by the previously approved expansion of the restaurant. The applicant also requests a change in the hours of operation from 5:00 a.m. --7:00 p.m. to 5:00 a.m. — 8:00 pm. Six members of the public spoke in support of the application.: The Commission approved the application, noting that the expanded restaurant has been operating for about a year without any significant negative parking impacts. The Commissioner who voted against the motion stated that while he supported the project, he believed that the parking issue should have been addressed through an in -lieu parking fee system. This item was approved (6 Ayes, 1 Noes). Prepared and submitted by: Planning: sharedlPJanning GommissionVeagendarpt eloc. Agenda Item S8 December 14, 2010 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, December 9, 2010 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. 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. E. REQUEST FOR CONTINUANCES F. CONSENT ITEMS ITEM NO. 1 Minutes of November 18, 2010 ACTION: Approve and file. G. PUBLIC HEARING ITEMS 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 Planning Department located at 3300 Newport Boulevard, during normal business hours. ITEM NO.2 The Landing Parking Management Program — (PA2010 -166) 3101 -3121 Newport Boulevard, 3100 -3138 Balboa Boulevard SUMMARY: The applicant requests approval of an amendment to Use Permit No. UP2010 -002 to revise the parking management program and waive three additional parking spaces for a total of eight of the required 243 parking spaces. The waiver would allow three outdoor dining patios in conjunction with eating and drinking establishments in the shopping center. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ approving Amendment No. 1 to Use Permit No. UP2010 -002 subject to the findings and conditions in the attached draft resolution (Attachment No. PC 1). ITEM NO. 3 Chipotle Mexican Grill - (PA2010 -096) 3101 Newport Boulevard SUMMARY: A use permit and accessory outdoor dining permit to allow a take -out service eating and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license and an outdoor patio. The project is located in the Landing Shopping Center (formerly Albertson's). CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No._ approving Use Permit No. UP2010 -017 for an eating and drinking establishment with a Type 41 (On Sale Beer & Wine, Eating Place) and Accessory Outdoor Dining Permit No. OD2010 -004 for the outdoor patio subject to the findings and conditions in the attached draft resolution (Attachment No. PC 1). ITEM NO.4 McLaren Newport Beach — (PA2010 -165) 2540 -2542 West Coast Highway SUMMARY: The application is a conditional use permit to allow an automobile dealership (Vehicle Sales) in an existing commercial building. The proposed use would be limited to sales of vehicles only, with the inventory, storage, maintenance, and repair of vehicles conducted off -site. CEQA COMPLIANCE: The project is categorically exempt from the requirements of the CEQA under Class 1 (Existing Facilities), which exempts the ongoing use of existing commercial buildings where there is negligible or no expansion of use. The proposed project would be located in an existing commercial building and involve only minor alterations to the interior and exterior. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2010- 037 (Attachment No. PC 1). ITEM NO. 5 Rose Bakery Cafe Parking Management Plan — (PA2010 -103) 3536 East Coast Highway SUMMARY: Rose Bakery Cafe requests an amendment to Use Permit No. 2009 -035 to waive 15 parking spaces required by the previously approved expansion of the restaurant. The applicant also requests a change in the hours of operation from 5:00 a.m. — 7:00 p.m. to 5:00 a.m. — 8:00 p.m. CEQA COMPLIANCE ACTION This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of CEQA Guidelines under Section 15301 Class 1 (Existing Facilities), which exempts the operation of existing facilities involving negligible or no expansion of use. 1) Conduct public hearing; and 2) Adopt Resolution No. _ approving Amendment No. 1 to UP2009 -035 (Attachment No. PC 1). I. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 The City Traffic Engineer will present an update as to the progress of the New City Hall. ITEM NO. 7 Planning Director's report. ITEM NO. 8 Planning Commission reports. ITEM NO. 9 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 10 Request for excused absences. ADJOURNMENT