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Home My WebLink About27 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 27 June 10, 2008 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 June 5, 2008 Report of the actions of the Planning Commission Meeting: Item No. 1. Minutes dated May 22, 2008 Summary: Approved as written and order filed. (4 Ayes, 2 Abstain, 1 Absent) Item No. 2. Fury Rok & Rol Sushi Lounge (PA2005 -087) 4221 Dolphin Striker Way Summary: Consideration of the recommendation of independent hearing officer on the revocation of Use Permit No. 3162 and Use Permit No. 2005 -018 on property located at 4221 Dolphin Striker Way. The Planning Commission may adopt the proposed findings and recommendation as their decision or may take any other action that is supported by substantial evidence in the record (Continued from May 22, 2008). This item was continued to June 19, 2008 at the request of the City Attorney to complete a settlement discussion. (6 Ayes, 1 Absent) Item No. 3 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 (Continued from May 22, 2008). This item was continued to July 17, 2008 with the understanding that should the property owner fail to submit a complete use permit application by June 30, 2008, the Planning Commission will resume the revocation hearing. (6 Ayes, 1 Abstain) Item No. 4. Housing Element (PA2008 -078) Summary: The Housing Element contains goals, polices, and programs related to the development, maintenance, and improvement of the City's housing stock. Additionally, it includes identification of the adopted Regional Housing Needs Assessment (RHNA), housing opportunities, and constraints with particular attention given to providing housing for people at all income levels. Page 2 This item was continued to June 19, 2008 at the request of the Planning Department so that a public Commission hearing. (6 Ayes, Item No. 5. Panini (PA2007 -063) 2421 E. Coast Highway workshop can be held prior to the Planning No) Summary: The applicant has submitted an amended application for Use Permit, Accessory Outdoor Dining Permit, and Off -site Parking Agreement for the operation of a full - service restaurant, with a Type 41 ABC License for beer and wine, an outdoor dining area and an off -site parking agreement. The proposed project includes minor changes to the rear elevation of its building and to the valet parking configuration and the submittal of two technical studies that were not a part of the original application. The Planning Commission received a point by point response from staff to comments on the draft Mitigated Negative Declaration. After receiving a presentation from the applicant on the proposed interior and exterior improvements and the parking and valet plan, the Planning Commission heard testimony from a dozen residents, business owners, and patrons. Comments generally related to impacts from existing restaurants and the potential impacts of the proposed restaurant. This item was approved with minor changes to the recommended findings and conditions. (6 Ayes, 1 Noes) Item No. 6. Oasis (PA2008 -109) 800 Marguerite Avenue Summary: Initiation of an amendment to the Zoning Districting Maps to reclassify the zoning of two parcels of land owned by the City of Newport Beach from PC -33 (Corona del Mar Seniors Project Planned Community) to OS (Open Space) in conjunction with the construction of a new Oasis Senior Center. The Planning Commission initiated the code amendment without discussion. (All Ayes) Prepared and submitted by: Patrick J. (ford, Planning Manager Planning: shared \Planning Commission \pcagendarpt.doc Agenda Item No. 2Z June 10, 2008 \NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard June 5, 2008 REGULAR MEETING 6:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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. ITEM NO. 1 Minutes dated May 22, 2008 ACTION: Approve as written and order filed. OLD BUSINESS ITEM NO. 2 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: The City Attorney requests that the Planning Commission continue this item to June 1 g, 2008. 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. 3 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: Staff requests that the Planning Commission continue the revocation hearing to July 17, 2008. Should the property owner fail to submit a complete use permit application by June 30, 2008, staff recommends that the Planning Commission resume the revocation hearing on July 17, 2008. 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. Housing Element (PA2008 -078) SUMMARY: The Housing Element contains goals, polices and programs related to the development, maintenance and improvement of the City's housing stock. Additionally, it includes identification of the adopted Regional Housing Needs Assessment (RHNA), housing opportunities and constraints with particular attention given to providing housing for people at all income levels. ACTION: Staff requests that the Planning Commission continue this item to June 19, 2008. CEQA COMPLIANCE: State law requires that local jurisdictions update the Housing Element of the General Plan in accordance with identified planning periods. The current update will cover the 2008 -2014 period. ITEM NO. 5. Panini (PA2007 -063) 2421 E. Coast Highway SUMMARY: The applicant has submitted an amended application for Use Permit, Accessory Outdoor Dining Permit, and Off -site Parking Agreement for the operation of a full - service restaurant, with a Type 41 ABC License for beer and wine, an outdoor dining area and an off -site parking agreement. The proposed project includes minor changes to the rear elevation of its building and to the valet parking configuration and the submittal of two technical studies that were not a part of the original application. ACTION: 1) Conduct public hearing; and 2) Adopt resolution to approve Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No. 2007 -006, Off -site Parking Agreement No. 2007 -001, and Mitigated Negative Declaration (State Clearinghouse No. 2008041099) CEQA COMPLIANCE: A Mitigated Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above in accordance with CEQA Guidelines. The Negative Declaration states that the subject development will not result in a significant effect on the environment. ITEM NO. 6. Oasis (PA2008 -109) 800 Marguerite Avenue SUMMARY: Initiation of an amendment to the Zoning Districting Maps to reclassify the zoning of two parcels of land owned by the City of Newport Beach from PC -33 (Corona del Mar Seniors Project Planned Community) to OS (Open Space) in conjunction with the construction of a new Oasis Senior Center. ACTION: 1) Conduct public hearing; and 2) Adopt resolution to initiate an amendment of Zoning Districting Maps No. 32 and No. 51 to reclassify the zoning of Lots A and B of Tract 11949 from PC -33 to OS. CEQA COMPLIANCE: None required for the initiation of amendments. NEW BUSINESS ITEM NO. 7. City Council Follow -up. ITEM NO. 8. Planning Commission reports. ITEM NO. 9. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ADJOURNMENT: