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HomeMy WebLinkAbout13 - Planning Commission AgendaCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.13 December 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department David Lepo, Planning Director 949 -644 -3228, dlepo @newportbeachca.gov SUBJECT: Planning Commission Agenda for December 3, 2009 Report of the actions of the Planning Commission Meeting: Item No. 1 Minutes dated November 19, 2009 Summary: Approved as submitted. (All Ayes) Item No. 2 Ong Parking Waiver (PA2009 -059) 333 Old Newport Boulevard Summary: A use permit application to waive 3 additional off - street parking spaces required for the conversion of 3,061 square -feet of retail space to medical office in an existing multi- tenant building. After considerable deliberation, the majority of Commissioners agreed that the adjacent, City-owned parking lot allowed sufficient off - street parking for properties in the area. This item was approved. (5 Ayes, 2 No) Item No. 3 Panini Garden Bistro, Ten Asian Bistro, and Red Night Club (PA2009 -115) 4647 MacArthur Boulevard Summary: The application consists of an amendment (Amendment No. 2) to existing Use Permit No. UP2002 -040 to extend the hours of food service for two, full -service restaurants, Panini Garden Bistro and Ten Asian Bistro, until 4:00 a.m. The amendment incorporates an as -built male and female restroom facilities addition (403 square feet) as part of the facility authorized by the use permit for the Red Night Club. Commissioners expressed concerns about the risks associated with large numbers of partiers remaining on the premises after 2 A.M. and the fad that a large sliding door between Ten and the adjoining Red nightclub would make it difficult to keep patrons out of the Red space after 2:00 A.M. Officers from Newport Beach Police Department provided testimony and answered questions from Commissioners. Commissioners voted to approve extended hours for Panini only, subject to Planning Director review after two years. The item was approved. (5 Ayes, 2 No) Planning Commission Agenda Report December 8, 2009 Page 2 Prepared and submitted by: David Lepo, Planning edor Planning: shared\Planning Commissionipcagendarpt.doc Agenda Item No. 13 December 8, 2009 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard Thursday, December 3, 2009 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. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning Department located at 3300 Newport Blvd., during normal business hours. ITEM NO. 1 Minutes of November 19, 2009 ACTION: Approve and file. OLD BUSINESS ITEM NO. 2 Ong Parking Waiver (PA2009 -059) 333 Old Newport Boulevard SUMMARY: A use permit application to waive 3 additional off - street parking spaces required for the conversion of 3,061 square -feet of retail space to medical office in an existing multi- tenant building. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which exempts minor alterations to existing facilities. The existing building will remain with no additional square footage; the scope of the physical construction is limited to minor interior alterations. ACTION: 1) Conduct public hearing; and 2) Adopt the attached draft resolution denying Use Permit No. UP2009 -014. PUBLIC HEARINGS ITEM NO. 3 Panini Garden Bistro, Ten Asian Bistro, and Red Night Club (PA2009 -115) 4647 MacArthur Boulevard SUMMARY: The application consists of an amendment (Amendment No. 2) to existing Use Permit No. UP2002 -040 to extend the hours of food service for two, full- service restaurants, Panini Garden Bistro and Ten Asian Bistro, until 4:00 a.m. The amendment incorporates an as -built male and female restroom facilities addition (403 square feet) as part of the facility authorized by the use permit for the Red Night Club. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This categorical exemption allows for the repair, maintenance and minor alternations of an existing building including additions that will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500 square feet, whichever is less (restroom facility addition), and negligible or no expansion of use (extended food service hours). ACTION: 1) Conduct public hearing; and 2) Adopt a resolution: 1) Approving Amendment No. 2 to Use Permit No. UP2002 -040 for the extended hours of food service for Panini Garden Bistro and the inclusion of a restroom facilities addition into the approved floor plan for the Red Night Club and, 2) Denying extended hours of food service for Ten Asian Bistro. NEW BUSINESS ITEM NO. 4 City Council Follow -up. ITEM NO. 5 Planning Commission reports. ITEM NO. 6 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM No. 7 Request for excused absences. ADJOURNMENT