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Home My WebLink About04/05/2007'Planning Commission Minutes 04105/2007 CITY OF NEWPORT BEACH Planning Commission Minutes April 5, 2007 Regular Meeting - 6:30 p.m. Page 1 of 5 "file : / /N:1Apps1WEBDATA1 Internet \PlnAgendas120071mn04- 05- 07.htm 06/20/2008 INDEX ROLL CALL Commissioners Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren: Commissioner Peotter was excused, all others were present. STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, Principal Civil Engineer James Campbell, Senior Planner Patrick Alford, Senior Planner Ginger Varin, Planning Commission Secretary PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on March 30, 2007. HEARING ITEMS ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of March 22, 2007. Approved Motion was made by Commissioner Hawkins and seconded by Commissioner McDaniel to approve the minutes as corrected. Ayes: Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Excused: Peotter Abstain: Eaton SUBJECT: Balboa Inn LLC (PA2006 -270) ITEM NO. 2 Sienna Restaurant PA2006 -270 105 Main Street Continued to Request to amend Use Permit No. 3158 to allow live entertainment and April 19, 2007 ancing in association with the existing restaurant use. Additionally, a aiver of the parking requirements related to the introduction of live entertainment is also requested. The property is located at 105 Main Street Page 1 of 5 "file : / /N:1Apps1WEBDATA1 Internet \PlnAgendas120071mn04- 05- 07.htm 06/20/2008 "Planning Commission Minutes 04/05/2007 id is within the Retail and Service Commercial designation of the alboa Specific Plan (SP -8) District. •. Lepo stated that staff requests this item be continued to April 19, allow additional time to analyze and review the project. was made by Commissioner Hawkins and seconded ioner McDaniel to continue this item to April 19, 2007. Ayes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hiligren Noes: None Excused: Peotter UBJECT: Advanced Real Estate Services (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place the application would allow the demolition of an existing 14 -unit apartme )uilding and a single - family home and the construction of a 7- level, 9 -u( nultiple- family residential condominium complex with subterranean parkir in a 1.4 acre site located bayward of the intersection of Ocean Bouleva and Carnation Avenue. The existing General Plan, Coastal Land Use PI/ and Zoning Designations of a small portion of the site (584 square feE vould be changed to be consistent with the larger portion of the site (fro wo- family residential to multi - family residential). The application includes entative tract map for the creation of 9 "airspace" condominium units f ndividual sale and. The Modification Permit application requests tt encroachment of subterranean portions of the building within the front ar ,ide yard setbacks. Lastly, the Coastal Residential Development Pern application relates to replacing lost units occupied by low or moderat ncome households. No units meeting this criteria are known to exist an herefore, no replacement of affordable housing is required. r. Lepo noted that the applicant and the City are in agreement that thi; :m should be continued to May 17, 2007 to allow re- circulation the revise( itigated Negative Declaration with the mandatory 30 -day commen ariod. Additionally, there are discussions related to the application of th( vised General Plan policies. He then suggested that the Chair oper ablic Comment then close the hearing and continue this item to May 17th. Commission inquiry, Mr. Lepo added that a comment had been receive) it there was a new potential view impact, and staff wants to address this. rperson Cole asked if there will be a revised staff report /ered yes, and it would depend on discussions with the ever, discussion of the current staff report, unless there tion or information, need not be considered. . He wa: applicant. is specifi( mmissioner Eaton asked if the re- circulated Mitigated NE claration would also include resolving issues such as Mitigation M1 -2 being missing, and the difference between consistency with the I the MND. Will they be incorporated before it is re- circulated? Lepo answered that the other changes will be incorporated to make ITEM NO. 3 PA2005 -196 Continued to May 17, 2007 Page 2 of 5 "file:HN:1Apps\WEBDATA1 Intemet \PlnAgendas120071mn04- 05- 07.htm 06/20/2008 "Planning Commission Minutes 04/05/2007 s tight as possible. Again, relative to the recommendation and extent o isturbance of the bluff face and the project that is the MND. The MND will e the project last seen by the Planning Commission. That is the projec ntil we get different direction. In the event the MND is re- circulated an( omes back for Planning Commission review and you determine additiona hanges, then that would require a further revision to the project that iE escribed and the potential impacts as described in the MND; the MNE ,ould again have to be revised and re- circulated if changes are required tc ie project that minimize impacts. The staff report presumed revisior irected by the Planning Commission consistent with recommendations, bul ntil that direction is given, the MND will still evaluate the project aE ion continued on issue of consistency, re- circulation premise, etc. 'nissioner McDaniel noted his concern that members of the audieni wish to speak, can as well as have the ability to speak at the ne ing. There are going to be changes to issues and you can spea !ver, you may wish to wait until the next meeting when the changes been made. Ir. Harp noted that this item is going to be continued and the egative Declaration is being re- circulated. You are welcomed to its evening; however, you may want to wait to see what those re so that comments can be more focused. ommissioner Toerge asked if the consultant who helped with the MND wil e at the hearing? He was answered yes. He agrees that a project of this ature is very complex and encouraged members of the audience to speal they wish. vote was taken on this item being continued. All ayes. blic comment was opened. Beck asked if the property will be re- posted? Staff answered yes. is comment was closed. otion was made by Commissioner Toerge and seconded ommissioner McDaniel to continue this item to May 17, 2007. Ayes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Excused: Peotter ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. city Council Follow -uo Mr. Lepo noted that at the last meeting, the City Council heard t appeal of the Planning Commission's determination relative to t Use Permit for the Newport Beach Brewing Company and decided Page 3 of 5 "file://N:\Apps\WEBDATA\Internet\PlnAgendas\2007\mnO4-05-07.htm 06120/2008 "Planning Commission Minutes 04/05/2007 Page 4 of 5 different action and amended conditions of the Use Permit, specifically to halt the sale of liquor, distilled spirits, after 11:00 p.m. but allow the continued sale of beer and wine. Discussion continued on the history of the allowance of the sale of liquor. Additionally consideration of the In -lieu Park Fee was continued again to the nex meeting. Report from Planning Co Development Committee Commissioner Hawkins noted the Committee considered a motion connection with the parking consultant; and will address marks based parking. Report from the Planning Commission's representative to tl Genera-1-Plan/Local Coastal Program Implementation Committee Commissioner Eaton noted the Committee decided to appoi representative members of the architectural and developme communities in Newport Beach to a sub - committee. They al: approved having the first public outreach meeting on May 16th in tl evening, location to be determined. Report from the Planning _ Commission'< Intensive. Residential Occupancy Committee Commissioner Toerge noted the public testimony garnered at tl meeting was intense. Some of the issues were parking demand disrespectful behavior towards the neighbors, off -site drug u: witnessed by neighbors, traffic, transport vans coming and going at general noise. He noted there were complaints and un- substantiat( accusations of crimes associated with the occupants. There was film crew there as well as quite a few attorneys purported representing the Sober Living facility. He continued to discuss tt actions of the residents and how they handled themselves and gay a brief history of the treatment of drug offenders and State at Federal guidelines. The next meeting is April 12, 2007 at representatives from the Alcoholic Drug Programs will be attendance. at subsequent meeting None future agenda for action and staff Eaton noted a packet of materials from the Plai Commissioner's Conference that he asked staff to distribute. also noted one of the sessions, without materials, dealt "mansionization ". Discussion continued. " file: / /N:1Apps1WEBDATA1 Internet lPlnAgendas120071mn04- 05- 07.htm 06120/2008 "Planning Commission Minutes 04/05/2007 Page 5 of 5 g. Project status Commissioner Hawkins asked about the status of the Orchid F project. Mr. Lepo noted he would get back to the Commission an update. Requests for excused absences Chairman Cole noted that Commissioner Peotter has asked to excused from the meeting of April 19, 2007. RNMENT: 7:30 p.m. ROBERT HAWKINS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION " file: / /N:1Apps1WEBDATA1 Internet \PlnAgendas120071mn04- 05- 07.htm 06120/2008