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Home My WebLink About15 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 April 10, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949-644-3228;dlepo@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for April 5, 2007 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of March 22, 2007 were approved as corrected. (5 Ayes, 1 Excused, 1 Abstain). Item 2: Balboa Inn LLC (PA2006 -270) Sienna Restaurant 105 Main Street Request to amend Use Permit No. 3158 to allow live entertainment and dancing in association with the existing restaurant use. Additionally, a waiver of the parking requirements related to the introduction of live entertainment is also requested. 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. This item was continued to April 19, 2007 to allow additional time to analyze and review the project. (6 Ayes, 1 Excused) Item 3: Advanced Real Estate Services (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place The application would allow the demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 7- level, 9 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two- family residential to multi - family residential). The application includes a tentative tract map for the creation of 9 "airspace" condominium units for individual sale and. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacing lost units occupied by low or moderate - income households. No units meeting this criteria Page 2 are known to exist and, therefore, no replacement of affordable housing is required. Discussions between staff and the applicant in an attempt to.resolve differences in interpretation of Coastal Land Use Plan (CLUP) policies continued through the afternoon of the Planning Commission meeting. The applicant's attorney has raised what the applicant claims are legal precedents requiring narrow interpretations of CLUP policies. These interpretations would limit the discretion of both Planning Commission and City Council in applying policies so as to limit alteration of coastal bluffs and protect views of the bluffs. Revisions to the Mitigated Negative Declaration for this project were also considered resulting in agreement to re- circulate the document for public comment. At the conclusion of discussions, staff and applicant agreed that more analysis was required and the public hearing should be continued to May 17, 2007. The Planning Commission agreed with staffs recommendation and voted to continue the public hearing and allow for re- circulation of the Mitigated Negative Declaration. (6 Ayes, 1 Excused) Prepared and submitted by: rpIN A /I. I Planning: shared\Planning CommissioMpcagendarpt.doc NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard April 6, 2007 REGULAR MEETING 6:30 p.m. CALL TO ORDER 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Agenda Item No. 15 April 10, 2007 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 COMMISSIO N MUST LIMIT REMARKS TO THREE MINUTES ON ALL ITEMS. minutes are up;, yellow light signifies that the speaker has one minute only your name on the tablet provided at the podium. HEARING ITEMS: ITEM NO.1 Minutes dated 03/22/2007 ACTION: Approve as written and order filed. ITEM NO. 2. Balboa Inn LLC (PA2006 -270) Sienna Restaurant 105 Main Street IS RECORDED. SPEAKERS (Red light signifies when three left for summation.) Please print SUMMARY: Request to amend Use Permit No. 3158 to allow live entertainment and dancing in association with the existing restaurant use. Additionally, a waiver of the parking requirements related to the introduction of live entertainment is also requested. 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. ACTION: Staff requests to continue this item to April 19, 2007 to allow additional time to analyze and review the project. CEQA COMPLIANCE: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). ITEM NO. 3. Advanced Real Estate Services (PA2005 -196) 201 & 207 Carnation Avenue and 101 Bayside Place SUMMARY: The application would allow the demolition of an existing 14 -unit apartment building and a single - family home and the construction of a 7- level, 9 -unit multiple - family residential condominium complex with subterranean parking on a 1.4 acre site located bayward of the intersection of Ocean Boulevard and Carnation Avenue. The existing General Plan, Coastal Land Use Plan and Zoning Designations of a small portion of the site (584 square feet) would be changed to be consistent with the larger portion of the site (from two- family residential to multi- family residential). The application includes a tentative tract map for the creation of 9 "airspace" condominium units for individual sale and. The Modification Permit application requests the encroachment of subterranean portions of the building within the front and side yard setbacks. Lastly, the Coastal Residential Development Permit application relates to replacing lost units occupied by low or moderate - income households. No units meeting this criteria are known to exist and, therefore, no replacement of affordable housing is required. ACTION: Staff recommends that the Planning Commission, after holding a public hearing on General Plan Amendment No. 2005 -006, Zone Change No. 2005 -009, Coastal Land Use Plan Amendment No. 2005 -002, Newport Tract Map No. 2005 -004 (TTM 16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002, 1) Consider the changes to the draft MND; and, 2) Adopt the attached draft resolution recommending adoption of the MND and recommending approval of a revised project such that the proposed building does not extend below 52 feet above mean sea level (Exhibit 2) CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Mitigated Negative Declaration states that the subject development will not result in a significant effect on the environment with implementation of Mitigation Measures. ADDITIONAL BUSINESS: a) City Council Follow -up b) Report from Planning Commission's representative to the Economic Development Committee c) Report from the Planning Commission's representative to the General Plan /Local Coastal Implementation Committee d) Report from the Planning Commission's representative to the Intensive Residential Occupancy Committee e) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting i Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report g) Proiect status h) Requests for excused absences ADJOURNMENT: