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HomeMy WebLinkAboutAgendaPLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, April 3, 2008 Regular Meeting - 6:30 p.m. ROBERT HAWKINS Chairperson JEFFREY COLE EARL MCDANIEL SCOTT PEOTTER BARRY EATON MICHAEL TOERGE BRADLEY HILLGREN Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are: DAVID LEPO, Planning Director GINGER VARIN, Planning Commission Secretary PATRICK ALFORD, Planning Manager TONY BRINE, City Traffic Engineer AARON C. HARP, Assistant City Attorney NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. Staff repgrts or other written documentation have been prepared for each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Planning Department staff at (949) 644 -3200. The agendas, minutes and staff reports are also available on the City's web site. The address is: hftp://www.city.newport-beach.ca.us/. It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Ginger Varin, Planning Commission Secretary at (949) 644 -3232, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. APPEAL PERIOD: Use Permit, Variance, Site Plan Review, Resubdivision, and Modification applications do not become effective until 14 days after the date of approval, during which time an appeal may be filed with the City Council. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard April 3, 2008 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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. ITEM NO. 1 Minutes dated February 21, 2008 ACTION: Approve as written and order filed. ITEM NO. 2 Minutes dated March 20, 2008 ACTION: Approve as written and order filed. OLD BUSINESS ITEM NO. 3 Report on Fury Security Plan ACTION: Receive and order filed. PUBLIC HEARINGS ITEM NO. 4 Seashore Village (PA2007 -100) 5515 River Ave SUMMARY: Use Permit for building height exemption; Modification Permit for setbacks and building separation; Tentative Tract Map established for condominium purposes; Coastal Residential Development Plan for compliance with CA Government Code Section 65590 and Chapter 20.86 of the City's Municipal Code; and Mitigated Negative Declaration. ACTION: Staff requests this item be continued to April 17, 2008 to allow additional time to prepare responses to comments received at the meeting of March 20, 2008. CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above in accordance with CEQA Guidelines. The Negative Declaration states that the subject development will not result in a significant effect on the environment. ITEM NO. 5 Megonical Residence (PA2007 -133) 2333 Pacific Drive SUMMARY: The application consists of a variance to allow a new 53 -foot 3 -inch high single - family dwelling unit to exceed the 24 -foot height limit and a modification permit to allow the dwelling unit to encroach 5 feet into the required 5 -foot front yard setback. The property is located in the Single- Family Residential (R -1) Zoning District. ACTION: 1) Conduct public hearing; and 2) Provide direction to staff and the applicant regarding the proposed project's consistency with the General Plan, Local Coastal Program and Zoning Code. 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). This exemption applies to in -fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the proposed development must occur on a site of no more than five acres, have no value as habitat for endangered, rare or threatened species, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. ITEM NO. 6 311 Fernleaf Avenue Appeal (PA2008 -009) SUMMARY: An appeal filed by Carol Pangburn of the Zoning Administrator's decision for the approval of Modification Permit No. 2008 -007 on property located in the Multifamily Residential (MFR) District at 311 Fernleaf Avenue. Modification Permit No. 2008- 007 would permit remodel and 1,235 square-foot addition to an existing non- conforming 3-unit residential condominium structure. ACTION: 1) Conduct public hearing; and 2) Adopt a Resolution to reverse the decision of the Zoning Administrator and deny Modification Pen-nit No. 2008 -007 CEQA COMPLIANCE: This project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). ITEM NO. 7 Bay Burger (PA2007 -219) 600 Bay Avenue SUMMARY: A request to amend Use Permit No. 3120 to allow the authorization of the sale of beer and wine for on -site consumption (Type 41 ABC License) pursuant to the Alcoholic Beverage Ordinance (ABO). ACTION: 1) Conduct public hearing; and 2) Adopt Resolution approving Use Permit No. 2007 -027 CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). ITEM NO. 8 Tommy Bahamas (PA2008 -029) 854 Avocado Avenue. SUMMARY: A request to amend Use Permit No. 3623 to permit an additional 461- square -foot outdoor dining patio which would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. The property is located in the Newport Village Planned Community (PC) District. ACTION: 1) Conduct public hearing; and 2) Adopt resolution approving Use Permit No. 2008 -003 CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) ITEM NO. 9 Planning Commission procedures, minutes, and business ACTION: After Planning Commission discussion, provide direction to staff. NEW BUSINESS ITEM NO. 10 City Council Follow -up. ITEM NO. 11 Planning Commission reports. ITEM NO. 12 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ADJOURNMENT