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Home My WebLink AboutAgendaPLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, July 17, 2008 Regular Meeting - 6:30 p.m. ROBERT HAWKINS CHARLES UNSWORTH 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 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 46 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 July 17, 2008 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ELECTION OF OFFICERS: 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. Any writings or documents provided to a majority of the agenda will be made available for public inspection in 3300 Newport Boulevard during normal business hours. ITEM NO.1 Minutes dated June 5, 2008 ACTION: Approve as written and order filed. ITEM NO.2 Minutes dated June 19, 2008 ACTION: Approve as written and order filed. Planning Commission regarding any item on this the office of the Planning Department located at OLD BUSINESS ITEM NO. 3 Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way SUMMARY: Update on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018. ACTION: Remove from calendar. CEQA COMPLIANCE: The proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). PUBLIC HEARINGS ITEM NO.4 Sejour (PA2002 -167) 3400 Via Lido SUMMARY: Revocation of use permits for an off -site alcoholic beverage outlet with accessory on -site alcohol consumption, food service and live entertainment. ACTION: 1) Resume the public revocation hearing; and 2) Adopt Resolution modifying Use Permit Nos. 2001 -005 to incorporate the modified conditions and rescinding 2002 -034, subject to the findings and conditions included within. CEQA COMPLIANCE: The proposed project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 21 (Enforcement Actions by Regulatory Agencies). ITEM NO. 5 Powers Residence (PA2007 -176) 2223 Pacific Drive SUMMARY: Modification Permit to exceed the three -foot height limitation in the front yard setback to allow for a vehicular -bridge driveway, for guard - railings associated with the vehicular -bridge driveway, and for walls located at the side property lines. ACTION: 1) Conduct public hearing; and 2) Deny Modification Permit No. MD2008 -020 with the findings in the attached resolution. 3) Provide direction to the Planning Department on the proposed project's consistency with the Residential Design Criteria (Ordinance No. 2007 -3) and General Plan and Coastal Land Use Plan (CLUP) policies. 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). ITEM NO. 6 Santa Barbara Condominiums (PA2004 -169) 900 Newport Center Drive SUMMARY: Scala Real Estate Partners, the new owner of the Santa Barbara Condominiums project, is requesting additional time to review and accept the proposed development agreement. This item will be removed from the Planning Commission calendar and re- advertised once it is ready. ACTION: Remove this item from calendar CEQA COMPLIANCE: A Negative Declaration has been prepared by the City of Newport Beach that states the subject development will not result in a significant effect on the environment. ITEM NO.7 930 Sushi (PA2007 -211) 930 West Coast Highway SUMMARY: Request to amend Use Permit No. 3649 to allow a change in operational characteristics from a full - service, small -scale to full - service, low turnover eating and drinking establishment. A 548 - gross- square -foot expansion is proposed (including 390 square feet of net public area) for the purpose of providing an additional dining area and a bar. Also requested is a change of the alcoholic beverage license from a Type 41 to a Type 47, and a waiver of 13 off - street parking spaces that would be required for the expansion of the restaurant. An amendment to Accessory Outdoor Dining Permit No. 54 is requested to allow an 18.5- square -foot increase to the existing 138.5 - square -foot outdoor dining area. ACTION: 1) Conduct public hearing; and 2) Adopt a resolution approving an amendment to Use Permit No. 3649 and Accessory Outdoor Dining Permit No. 54 subject to findings and conditions of approval. CEQA COMPLIANCE: This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NEW BUSINESS ITEM NO. 8 Planning Commission Minutes ITEM NO. 9 City Council Follow -up. ITEM NO. 10 Planning Commission reports. ITEM NO. 11 Project Status. ITEM NO. 12 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 13 Request for excused absences. ADJOURNMENT: