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Home My WebLink AboutAgendaPLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, May 22, 2008 Regular Meeting - 6:30 p.m. ROBERT HAWKINS Chairperson JEFFREY COLE SCOTT PEOTTER BARRY EATON EARL MCDANIEL 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 reports 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 May 220 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. 7 Minutes dated April 17, 2008 ACTION: Approve as written and order filed. PUBLIC HEARINGS ITEM NO. 2 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way SUMMARY: The Planning Commission of the City of Newport Beach will hold a public hearing to consider the recommendation of independent hearing officer on the revocation of Use Permit Nos. 3162 and 2005 -018 on property located at 4221 Dolphin Striker Way. The Planning Commission may adopt the proposed findings and recommendation as their decision or may take any other action that is supported by substantial evidence in the record. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution to revoke Use Permit No. 2005 -018 CEQA COMPLIANCE: The proposed project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). ITEM NO.3 Balboa Inn LLC (PA2006 -270) Siena Resturant — One Year Review 105 Main Street SUMMARY: One year review of an amendment to Use Permit No. 3158 related to the operation of live entertainment and dancing within the existing restaurant at the Balboa Inn. The property is located at 105 Main Street and is within the Retail and Service Commercial designation of the Central Balboa Specific Plan (SP -8) District. On April 19, 2007, the Planning Commission approved an amendment to Use Permit No. 3158 permitted live entertainment and dancing within the restaurant, in conjunction with private events only, and waived 11 parking spaces associated with the operation. A condition of approval was implemented requiring that the Planning Commission review the operation of live entertainment and dancing one year from the effective date of approval to insure the conditions placed on the operation were sufficient to control potential noise and parking impacts. The Planning Commission has the right to modify the terms and conditions of the Use Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. ACTION: 1) Receive testimony at public hearing; and 2) Receive and file report. CEQA COMPLIANCE: The project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). ITEM NO. 4 Albertsons (PA2007 -115) 3049 East Coast Highway SUMMARY: The Planning Commission of the City of Newport Beach will conduct a one year review of conditions of approval for Albertson's Use Permit No. 3650 (Off -Site Parking Agreement). The property is located at 3049 East Coast Highway and is within the Retail and Service Commercial (RSC) Zoning District. ACTION: 1) Conduct public hearing; and 2) Continue to June 5, 2008, to allow staff time to conduct additional field investigations. CEQA COMPLIANCE: This is not a project under the California Environmental Quality Act (CEQA) as this is only a review of the existing conditions of approval from an existing Use Permit. ITEM NO. 5 Megonigal Residence (PA2007 -133) 2333 Pacific Drive SUMMARY: The applicant submitted a letter to the Planning Department requesting that the project be removed from Planning Commission calendar. David Olson, architect, is working with his client to redesign the project and requires more time. ACTION: Staff recommends the Planning Commission remove this item (VA2007 -001) from the calendar. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. ITEM NO. 6 Review of preliminary CIP SUMMARY: An annual review of the Preliminary Fiscal Year 2008 -20 -09 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works project. ACTION: 1) Conduct public hearing; and 2) Report that the CIP is consistent and that the projects in the CIP be implemented by City Council. CEQA COMPLIANCE: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. OLD BUSINESS ITEM NO.7 Planning Commission procedures, minutes, and business (Continued from 0410312008) ACTION: After Planning Commission discussion, provide direction to staff. NEW BUSINESS ITEM NO. 8 City Council Follow -up. ITEM NO. 9 Planning Commission reports. ITEM NO. 10 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ADJOURNMENT: