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Home My WebLink About17 - Planning Commission Agenda - 11-07-2002• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.17 November 12, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple, Planning Director (949) 644 -3228 – Ptemple@city.newport- beach.ca.us SUBJECT: Planning Commission Agenda – November 7, 2002 ISSUE: Report of the actions of the Planning Commission. Item 1, regarding 217 30°i Street, Variance No. 2002 -005 (PA2002 -102), was approved and is subject to appeal or call up by the City Council. (5 Ayes, 2 Noes) • Item 2, regarding 2901 West Coast Highway, Use Permit No. 2002 -041 (PA2002 -195), was approved and is subject to appeal or call up by the City Council. (AII Ayes) Item 3, regarding 3400 Via Lido, Use Permit No. 2001 -105 (PA2002 -167), was approved and is subject to appeal or call up by the City Council. (All Ayes) Item 4, regarding 6705 Seashore Drive, Modification Permit No. 2002 -088 (PA2002 -173), the decision of the Modifications Committee was modified and upheld and is subject to appeal or call up by the City Council. (All Ayes) Item 5, regarding 1601 Balboa Avenue, Variance No. 2002 -007 and Modification Permit No. 2002 -103 (PA2002 -194) was approved and is subject to appeal or call up by the City Council. (All Ayes) Item 6, regarding 4200 Birch Street, Use Permit No. 2001 -035 (PA2001 -200), revised plan was found to be in substantial conformance with prior approval and is subject to appeal or call up by the City Council. (All Ayes) Item 7, regarding Heritage Theaters, (PA2002 -218), was recommended for initiation and will be set for public hearing by the Planning Commission on December 5, 2002. (All Ayes) Prepared by: . — oall�' roger 6rin, Planning Commission Secretary Submitted by: Patricia L. Temple, Planning Director November 12, 2002 Agenda Item No. 17 PLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, November 7, 2002 Regular Meeting - 6:30 p.m. STEVEN KISER Chairman EARL MCDANIEL ANNE GIFFORD MICHAEL TOERGE EDWARD SELICH LARRY TUCKER 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: SHARON WOOD, Assistant City Manager PATRICIA TEMPLE, Planning Director JAMES CAMPBELL, Senior Planner GREGG RAMIREZ, Associate Planner GINGER VARIN, Planning Commission Secretary RICH EDMONSTON, Transportation & Development Services Manager ROBIN CLAUSON, 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: http://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 November 7, 2002 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: MINUTES: 6:30 p.m. October 17, 2002 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 and address for the record. REQUEST FOR CONTINUANCES: HEARING ITEMS: ITEM NO. 1. SUBJECT: Wetherholt Residence (PA2002 -102) 217 30th Street SUMMARY: Variance No. 2002 -005 requesting a proposed addition to an existing two - story residential structure. The Variance includes a request to exceed the floor area limit, to exceed the established maximum building height of 24 feet and to provide less than the minimum required open space (PA2002- 102). ACTION: Adopt Resolution No._ approving the requested Variance subject to the findings and conditions of approval within the attached draft resolution. ITEM NO. 2. SUBJECT: Great Legs Wine, Inc. (PA2002 -195) 2901 West Coast Highway, Suite 100 SUMMARY: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) to establish retail wine sales (Type 20 license) with ancillary wine tasting (Type 42 license). ACTION: Adopt Resolution No._ approving the requested Use Permit No. 2002- 041 (PA2002 -195) with conditions. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS TAPE 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.) A ITEM NO. 3. SUBJECT: Overstreet's Wine Merchant & Wine Bar (PA2002 -167) 3400 Via Lido SUMMARY: Request for an amendment to a previously- approved use permit to include the sale of distilled spirits (Type 47: beer, wine & spirits) for on -site consumption, to permit live entertainment, and to expand the hours of operation from 11:00 pm to 12:00 midnight on Fridays and Saturdays at an existing retail Alcoholic Beverage Outlet located in Lido Village. ACTION: Adopt Resolution No._ approving the requested Amendment to Use Permit No. 2001 -005 (PA2002 -167) with conditions. ITEM NO. 4. SUBJECT: Yokoyama Residence (PA2002 -173) 6705 Seashore Drive SUMMARY: Call for review of the approval of Modification Permit No. 2002 -088 (PA 2002 -173) ACTION: Hold a public hearing and uphold, modify or reverse the decision of the Modifications Committee. ITEM NO. 5. SUBJECT: Eckert Residence (PA2002 -194) 1601 Balboa Avenue SUMMARY: Request for a Variance to allow a proposed residence to exceed the established floor area limit. Included is a request for a Modification Permit to encroach into the required 20 -foot front yard setback adjacent to Balboa Avenue; encroach into the required 10 -foot rear yard setback; encroach into the required 5 -foot right side yard setback adjacent to Abalone Avenue; and permit an interior garage depth of 18 -feet where the Municipal Code requires a minimum depth of 19 -feet. ACTION: Adopt Resolution No._ approving Variance No. 2002 -007 and Modification Permit No. 2002 -103 subject to the Findings and Conditions of Approval within the Draft Resolution. ITEM NO. 6. SUBJECT: Beacon Bay Car Wash 4200 Birch Street SUMMARY: Review of revised building elevation for substantial conformance with the plan approved by Planning Commission. ACTION: Determine whether revised plan is in substantial conformance with prior approval. h 4 ITEM NO. 7. SUBJECT: CA Initiation for Heritage Theaters PS2002 -218 Various Addresses SUMMARY: Initiation of an amendment to Title 20 of the Newport Beach Municipal Code that would designate certain types of buildings as "Landmark Buildings" and modify restrictions on nonconforming uses in Landmark Buildings. ACTION: Adopt resolution of intent. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Oral report from Planning Commission's representative to the Economic Development Committee- c) Report from Planning Commission's representatives to the General Plan Update Committee - d) Report from Planning Commission's representative to the Local Coastal Plan Update Committee - e) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - f) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - g) Status Reports on Planning Commission requests - h) Project status - i) Requests for excused absences - ADJOURNMENT