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HomeMy WebLinkAbout09 - Planning Commission AgendaAgenda Item No. 9 May 24, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, May 19, 2011 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 CONSENT ITEMS ITEM NO. 1 Minutes of May 5, 2011 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 Community Development Department, Planning Division located at 3300 Newport Boulevard, during normal business hours. 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 9:00 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. CEQA COMPLIANCE: The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), ACTION: ITEM NO. 3 SUMMARY: CEQA COMPLIANCE: ACTION: ITEM NO. 4 because the change in hours of operation does not involve an expansion of an existing use. 1) Conduct public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2011- 007, subject to Conditions of Approval including the requirement that the applicant/operator obtain an Operator License issued by the Chief of Police in order to operate a restaurant in combination with late hours and alcoholic beverage service. Fisher Residence (PA2010 -034) 3725 Ocean Boulevard 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 proposed project has been reviewed and it has been determined that it is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures. This exemption includes construction of a single - family residence in a residential area. The proposed project is a single - family residence to be constructed in the R -1 (Single -Unit Residential) Zoning District. 1) Conduct public hearing; and 2) Adopt Resolution No. _ approving Variance No. VA2010 -001 and Modification Permit No. 2010 -006. 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. CEQA COMPLIANCE: None required. ACTION: 1) Conduct a review of the Preliminary Fiscal Year 2011 -2012 Capital Improvement Program; and 2) Determine that the CIP projects are consistent with the policies of the General Plan, and including any additional recommendations deemed appropriate, and to report this finding to the City Council. H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 Planning Director's report. ITEM NO. 6 Planning Commission reports. ITEM NO. 7 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 8 Request for excused absences. ADJOURNMENT