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HomeMy WebLinkAboutminutesPlanning Commission Minutes 04/05/2007 J • CITY OF NEWPORT BEACH Planning Commission Minutes April 5, 2007 Regular Meeting - 6:30 p.m. file: / /F: \Users\PLN \Shared \Gvarin\PC min etal \2007 \04052007.htm Page I of 5 I 04/20/2007 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 ony Brine, Principal Civil Engineer James Campbell, Senior Planner Patrick Alford, Senior Planner Ginger Varin, Planning Commission Secretary PUBLIC COMMENTS: PUBLIC COMMENTS None I TING 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 ITEM NO.2 SUBJECT: Balboa Inn LLC (PA2006 -270) PA2006 -270 Sienna Restaurant 105 Main Street Continued to April 19, 2007 est to amend Use Permit No. 3158 to allow live entertainment and cing in association with the existing restaurant use. Additionally, a aiver of the parking requirements related to the introduction of live ntertainment is also requested. The property is located at 105 Main Street file: / /F: \Users\PLN \Shared \Gvarin\PC min etal \2007 \04052007.htm Page I of 5 I 04/20/2007 Planning Commission Minutes 04/05/2007 is within the Retail and Service Commercial designation of the oa 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. otion was made by Commissioner Hawkins and seconded :)mmissioner McDaniel to continue this item to April 19, 2007. Ayes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Excused: Peotter dvanced Real Estate Services (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place application would allow the demolition of an existing 14 -unit apartme ding and a single - family home and the construction of a 7- level, 9 -ui Itiple- family residential condominium complex with subterranean parkh a 1.4 acre site located bayward of the intersection of Ocean Bouleva I Carnation Avenue. The existing General Plan, Coastal Land Use Ph I Zoning Designations of a small portion of the site (584 square fee .ild be changed to be consistent with the larger portion of the site (fro - family residential to multi - family residential). The application includes tative tract map for the creation of 9 "airspace" condominium units f ividual sale and. The Modification Permit application requests 0 :roachment of subterranean portions of the building within the front ai s yard setbacks. Lastly, the Coastal Residential Development Pern Ilication relates to replacing lost units occupied by low or moderat )me households. No units meeting this criteria are known to exist an refore, no replacement of affordable housing is required. Lepo noted that the applicant and the City are in agreement that thi: should be continued to May 17, 2007 to allow re- circulation the revise( lated Negative Declaration with the mandatory 30 -day commen )d. Additionally, there are discussions related to the application of th( and General Plan policies. He then suggested that the Chair oper is 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. ,hairperson Cole asked if there will be a revised staff report. He wa, nswered yes, and it would depend on discussions with the applicant. owever, discussion of the current staff report, unless there is specific irection or information, need not be considered. commissioner Eaton asked if the re- circulated Mitigated NE Declaration would also include resolving issues such as Mitigation Mi V -2 being missing, and the difference between consistency with the nd the MND. Will they be incorporated before it is re- circulated? Lepo answered that the other changes will be incorporated to make tight as possible. Again, relative to the recommendation and extent ITEM NO. 3 PA2005 -196 Continued to May 17, 2007 Page 2 of 5 i+ n U • • file: / /F: \Users \PLN \Shared \Gvaiin\PC min etal \2007 \04052007.htm 04/20/2007 Commission Minutes 04/05/2007 lurbance of the bluff face and the project that is the MND. The MND will the project last seen by the Planning Commission. That is the projec if we get different direction. In the event the MND is re- circulated anc nes back for Planning Commission review and you determine additiona �ges, then that would require a further revision to the project that k ribed and the potential impacts as described in -the MND; the MNE uld again have to be revised and re- circulated if changes are required tc project that minimize impacts. The staff report presumed revisior acted by the Planning Commission consistent with recommendations, bu it that direction is given, the MND will still evaluate the project a: continued on issue of consistency, re- circulation premise, etc. missioner McDaniel noted his concern that members of the audie wish to speak, can as well as have the ability to speak at the r ing. There are going to be changes to issues and you can spe giver, you may wish to wait until the next meeting when the changes been made. Harp noted that this item is going to be continued and the ative Declaration is being re- circulated. You are welcomed to evening; however, you may want to wait to see what those so that comments can be more focused. mmissioner Toerge asked if the consultant who helped with the MND at the hearing? He was answered yes. He agrees that a project of re is very complex and encouraged members of the audience to sp v wish. w vote was taken on this item being continued. All ayes, lic comment was opened. Beck asked if the property will be re- posted? Staff answered yes. lic comment was closed. was made by Commissioner Toerge and seconded toner McDaniel to continue this item to May 17, 2007. yes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: JNone Excused: Peotter DITIONAL BUSINESS: City Council Follow 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 take different action and amended conditions of the Use Pem specifically to halt the sale of liquor, distilled spirits, after 11 :00 p. ADDITIONAL BUSINESS Page 3 of 5 f'ite: /M: \tlsers\PLN \Shared \Gvarin \PC min etal \2007\040520071'an 04/2012007 Planning Commission Minutes 04/05/2007 Page 4 of�5 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 next meeting. b. Report from Planning Commission's representative to. the Economi • Development Committee Commissioner Hawkins noted the Committee considered a motion i connection with the parking consultant; and will address market based parking. C. Report from the Planning Commission's. representative_ to the lProgram Implementation Committee General Plan/Loca! Coasta._ Commissioner Eaton noted the Committee decided to appoin representative members of the architectural and development communities in Newport Beach to a sub - committee. They als approved having the first public outreach meeting on May 16th in the evening, location to be determined. d. Report .from the Planning Commission's representative. to the Intensive Residential Occupancy Committee Commissioner Toerge noted the public testimony garnered at the meeting was intense. Some of the issues were parking demands disrespectful behavior towards the neighbors, off -site drug use witnessed by neighbors, traffic, transport vans coming and going an • general noise. He noted there were complaints and un- substantiate accusations of crimes associated with the occupants. There was film crew there as well as quite a few attorneys purportedl representing the Sober Living facility. He continued to discuss th actions of the residents and how they handled themselves and gav a brief history of the treatment of drug offenders and State an Federal guidelines. The next meeting is April 12, 2007 an representatives from the Alcoholic Drug Programs will be i attendance. e. Matters which a.Planni— Jnc_Commissioner would like Staff .to. reoort or at subsequent meeting None f. Matters which a Planning_ Commissioner MM. wish to_place on . future agenda for action and staff.report Commissioner Eaton noted a packet of materials from the Plannin Commissioner's Conference that he asked staff to distribute. H also noted one of the sessions, without materials, dealt wit lima nsionization ". Discussion continued. • Project status Commissioner Hawkins asked about the status of the Orchid Plaz file: //F: \Users \PLN \Shared \Gvarin\PC min etal \2007\04052007.htm 04/20/2007 Planning Commission Minutes 04/05/2007 Iprroject. Mr. Lepo noted he would get back to the Commission with update. Requests for excused absences Chairman Cole noted that Commissioner Peotter has asked to excused from the meeting of April 19, 2007. ADJOURNMENT: 7:30 P.M. ROBERT HAWKINS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • E Page 5 of 5 file: //F: \Users \PLN \Shared \Gvarin\PC min etal\2007\04052007.htm 04/20/2007