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Home My WebLink About0.0 - Agenda CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE MONDAY, AUGUST 11, 2014 SPECIAL MEETING—6:30 p.m. LARRY TUCKER Chair KORY KRAMER JAY MYERS Vice Chair Secretary TIM BROWN BRADLEY HILLGREN PETER KOETTING RAYMOND LAWLER 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: KIMBERLY BRANDT, Community Development Director BRENDA WISNESKI, Deputy Director, Community Development LEONIE MULVIHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer MARLENE BURNS, Administrative Support Specialist 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. The agendas, minutes, and staff reports are available on the City's web site at: http://www.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at(949) 644-3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission's agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded. 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 of 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 Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or Ibrown@newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. 1 of 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE MONDAY, AUGUST 11, 2014 SPECIAL MEETING —6:30 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. 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 three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 17, 2014 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. 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. ITEM NO.2 LIDO HOUSE HOTEL (PA2013-217) AND FORMER CITY HALL COMPLEX AMENDMENTS (PA2012-031) Site Location: 3300 Newport Boulevard and 475 32nd Street Summary: Amendments of the General Plan, Coastal Land Use Plan, and Zoning Code to change the land use designation and zoning of the former City Hall site from Public Facilities to Mixed-Use and a Site Development Review, Conditional Use Permit, and Traffic Study for the development and operation of an upscale, 130-room hotel. CEQA Compliance: The Lido House Hotel Environmental Impact Report (EIR) (SCH# 2013111022) was prepared to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 ("CEQA"), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.) which concluded that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures identified in the Draft EIR. Recommended Action: 1. Conduct a public hearing; 2. Adopt the attached resolution recommending City Council certification of the Lido House Hotel Environmental Impact Report No. ER2014-003 (SCH# 2013111022) in accordance with the California Environmental Quality Act; and 2 of 4 3. Adopt the attached resolution recommending City Council approval of General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-001, and Traffic Study No. TS2014-005. ITEM NO.3 SANCHO'S TACOS MINOR USE PERMIT APPEAL (PA2014-058) Site Location: 3014 Balboa Boulevard Summary: An appeal of the Zoning Administrator's approval of a minor use permit to add a Type 41 Alcohol Beverage Control License (On-Sale Beer and Wine) in conjunction with an existing eating and drinking establishment previously approved by Specialty Food Permit No. 46. The proposal is for a maximum of 20 seats, including outdoor seating, and hours of operation from 6:00 a.m. to 9:00 p.m consistent with the existing Specialty Food Permit. If approved, this Minor Use Permit would supersede Specialty Food Permit No. 46. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: Conduct a de novo public hearing and uphold or reverse the Zoning Administrator's decision by: 1. Adopting the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013-023 (Attachment No. PC 1); or 2. Adopting the draft resolution for denial to reverse the Zoning Administrator's decision (Attachment No. PC 2) ITEM NO.4 PORT THEATER ALCOHOL SERVICE (PA2014-019) Site Location: 2905 E. Coast Highway Summary: A Conditional Use Permit superseding Minor Use Permit No. UP2012-009 for the Port Theater. The request is to allow alcohol service to be served throughout the theater (both the first and second level) during screenings with no age restrictions. Alcohol service during screenings is currently limited to the second floor mezzanine or in conjunction with screenings for patrons 21 years of age and older. The Port Theater currently has a Type 47 (On-Sale General) Alcoholic Beverage Control License with food service at a landmark theater. The applicant also requests an extension of hours for alcohol service until 1:00 a.m., daily. The existing theater operates from 8:00 a.m. to 2:00 a.m., daily, with alcohol service from 8:00 a.m. to 11:00 p.m., daily. Due to the late hours of operation, approval of an amendment to the Operator's License by the Newport Beach Police Department will be required. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2014-030 superseding UP2012-009 to operate the Port Theater (a landmark theater) in conjunction with entertainment, a Type 47 (On-Sale General) Alcoholic Beverage Control License, and food service (Attachment No. PC 1). 3 of 4 ITEM NO. 5 LIDO THEATER ALCOHOL SERVICE (PA2014-048) Site Location: 3459 Via Lido Summary: A Minor Use Permit for the Lido Theatre to allow a Type 40 (On Sale Beer) Alcoholic Beverage Control License. The existing theater operates from 11:00 a.m. to 1:00 a.m., daily. The requested hours for alcohol service are from 11:00 a.m. to 11:00 p.m., daily. Alcohol service during movie screenings would be provided on the second floor mezzanine and access to this area would be limited to patrons 21 years of age and older. Alcohol service is also proposed throughout the theater (both the first and second level) during screenings that are limited to patrons 21 years of age and older. Additionally, alcohol service is proposed during live performances up to 20 times per year. An Operator License application is being reviewed concurrently by the Chief of Police pursuant to Municipal Code Chapter 5.25. CEQA Compliance: The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Recommended Action: 1. Conduct a public hearing; and 2. Staffs recommendation is pending final review of the application by the Newport Beach Police Department. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee 2. Update on City Council Items ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES IX. ADJOURNMENT 4of4