HomeMy WebLinkAbout09 - Planning Commission Agenda - Action Report��Wa = CITY OF
C, NEWPORT BEACH
��aN'' City Council Staff Report
Agenda Item No. _9
May 24, 2c 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Dana Smith. Community Development Director
949 - 644 -3002, dsmit` ti -at. -cz. ^^
PREPARF.D fly: Gregg Ramirez, Senior Planner
949 -644 -3219; gramirez(a)newportbeachca qov
APPROVED: 1LV1
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TITLE: " lanning Commission Agenda for May 19, 2011
Item No. 1 P, ":notes of May 5, 2011
Commissioner Hawkins provided edits to the minutes and the revised raft
minutes were approved (5 ayes, 2 excused
Item No.2 3- Thirty -3 Waterfront Restaurant (PA2011 -041)
333 Bayside Drive
Summary The application consists of a request for a new conditional use permit to extend
the hours of operation granted by Accessory Outdoor Dining Permit No 2007-
001 for an existing outdoor dining patio from 9 00 a m. to 9.30 p.m. daily to 5 00
a m. to 1'00 a m daily. The hours of operation for the interior portion of the
existing restaurant are 9,00 a.m to 2-00 a.m daily as allowed by Use Permit No.
3325 (amended). If approved, the new conditional use permit will supersede the
existing use permit and accessory outdoor dining permit, and an Operator
License will be required
After a presentation by staff and comments by the applicant, the Commission
received testimony in opposition to the project from five residents of Linda Isle
and an attorney representing three other homeowners The residents c ted
concerns about noise coming from the existing patio, the docks and parking
Commission discussion focused on the existing noise issues at the restaurant
and docks and whether the operators license would be effective in reso�v ng
potential disturbances to the neighbors if the hours were extended
Planning Commission Agenda for May 19, 2011
May 24, 2011
Page 2
Due to the likelihood of increased late hour disturbances if the patio hours were
extended, the Commission determined that the findings for approval could not be
made and voted to deny the applicants request (5 ayes, 2 excused).
Item No.3 Fisher Residence (PA2010 -034)
3725 Ocean Boulevard
Summary: The applicant requests approval of a variance to allow a proposed single - family
dwelling to exceed the 24 -foot height limit for flat roofs within the R -1 (Single -Unit
Residential) Zoning District. Additionally, the proposed single - family dwelling
would exceed the "top of curb" height limit for properties on the bluff side of
Ocean Boulevard. The applicant also requests a modification permit to allow the
proposed single - family dwelling to encroach into the required 10 -foot front and 4-
foot side setbacks (caissons), and site - retaining walls (and caissons) with related
railings adjacent to the side property lines which exceed the 6 -foot height limit
allowed within side setback areas.
The Planning Commission discussion focused on the slope of the driveway and
whether the garage and entry areas exceeding the top of curb were designed to
be as low as possible. The Commission determined that the findings for approval
could be made and voted to approve the project (5 ayes, 2 excused).
Item No.4 Review of Preliminary Fiscal Year 2011 -2012 Capital Improvement Program
(PA2007 -131)
Summary: Review of the City's Capital Improvement Program (CIP) is required by the City
Charter and State Statute. The purpose of the review is to determine consistency
with the General Plan and to make recommendations to the City Council
concerning proposed public works projects.
The Planning Commission concurred with staff's recommendation and made the
determination that the proposed CIP projects are consistent with the General
Plan. (5 ayes, 2 excused)
Submitted by:
Gregg RaWez, Se for Planner