HomeMy WebLinkAbout23 - Planning Commission Agenda - 05-20-2004NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers - 3300 Newport Boulevard
May 20, 2004
Agenda Item 23
May 25, 2004
CALL TO ORDER 6:30 p.m.
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.
REQUEST FOR CONTINUANCES:
CONSENT CALENDAR
Notice to the Public
All matter(s) listed under CONSENT CALENDAR (Item 1 and 1B) is considered by the Commission to be
routine and will all be enacted by one motion in the form listed below. The Planning Commission Members
have received detailed staff reports on each of the items recommending an action. There will be no
separate discussion of these items prior to the time the Commission votes on the motion unless members
of the Commission, staff or the public request specific items to be discussed and/or removed from the
Consent Calendar for separate action.
Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern
upon invitation by the Chairman, state their name and Consent Calendar Item number.
ITEM NO. 1.
SUBJECT: Minutes of the adjourned and regular meeting of April 22, 2004.
ACTION: Approve as written and order filed.
ITEM NO. 2.
SUBJECT: Mariner's Mile Code Amendment initiation (PA2004 -104)
SUMMARY: An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related to
landscape requirements.
ACTION: Adopt a resolution initiating Code Amendment No. 2004 -006.
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION 1S 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.)
HEARING ITEMS:
ITEM NO. 3.
SUBJECT: Group Homes in Residential Zones (PA2004 -102)
SUMMARY: The proposed amendment will establish new definitions applicable to group homes
and amends where and how group homes may locate and operate within
residential zones.
ACTION: Conduct the public hearing and recommend approval of Code Amendment No.
2004005 to the City Council.
ITEM NO. 4.
SUBJECT: Ozumo Restaurant (PA2004 -045)
849 Newport Center Drive
SUMMARY: This is a request for the approval of a Use Permit to allow a permitted restaurant to
operate with a Type 47 (On -Sale, General, Eating Place) Alcoholic Beverage
License.
ACTION: Conduct the public hearing and adopt a resolution approving Use Permit No. 2004-
007.
ITEM NO. 5.
SUBJECT: Harrington Residence (PA2004 -051)
SUMMARY: Appeal of the Modifications Committee's approval of Modification Permit No. 2004-
020 to allow the encroachment of a free - standing fireplace in the rear setback and
consideration of an encroachment of a built -in barbeque unit in the rear and side
yard setbacks.
ACTION: Conduct the public hearing and adopt a resolution denying the appeal and approving
the additional encroachment of the built -in barbeque.
ITEM NO. 6.
SUBJECT: Corporate Plaza PC Text Amendment (PA2004 -073)
SUMMARY: Proposed amendment to the Corporate Plaza Planned Community Development
Plan to clarify the "Permitted Uses" section related to medical office uses and to
amend the parking regulations to make them consistent with the parking pool
regulations specified in Title 20 of the Municipal Code.
ACTION: Conduct the public hearing and adopt a resolution recommending to the City Council
approval of Planned Community Development Plan Amendment No. 2004 -002.
ITEM NO. T.
SUBJECT St. Andrews Presbyterian Church Expansion (PA2002 -265)
General Plan Amendment, Zone Change & Use Permit
600 St. Andrews Road
SUMMARY: Request for a General Plan Amendment, Zone Change and Use Permit for the
replacement and construction of additional buildings and a below grade parking
garage. The General Plan Amendment involves an increase the maximum
allowable building area with no change to the existing land use designation. The
Zone Change would change the zoning district from R -2 & R -1 to GEIF to be
consistent with the existing General Plan, Land Use Element designation. The Use
Permit involves the alteration of existing buildings, replacement of the existing
fellowship hall and classroom building and the construction of a new multi - purpose
gymnasium and youth center. The Use Permit also considers setting the
maximum allowable building height of 40 feet for the two proposed buildings.
ACTION: Conduct the public hearing and continue the item to June 3, 2004.
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) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting -
e) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff
report -
f) Status Reports on Planning Commission requests -
g) Project status -
h) Requests for excused absences -
ADJOURNMENT
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 23
May 25, 2004
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— May 20, 2004
Report of the actions of the Planning Commission Meeting:
Item 1: The minutes of May 6, 2004 were amended and approved. (All Ayes)
Item 2: Mariner's Mile Code Amendment resolution of intent was adopted and will
be scheduled for public hearing before the Planning Commission. (All
Ayes)
Proposed are changes to the required landscape elements in the Mariners
Mile design framework overlay zone. Consideration will be given to
expanding the variety of plant species called for in the area, as well as an
evaluation of the number and spacing of palm tree elements.
Item 3: Code Amendment No. 2004 -005 (PA2004 -102) regarding Recovery
Facilities in Residential Zones was continued to June 17, 2004. (All Ayes)
This was the first public hearing on proposed amendments to the zoning
code to change the definitions of family and single family dwelling, and to
establish a process to grant reasonable accommodation for recovery
facilities in residential districts. Testimony was received in support of and
opposed to the establishment of recovery facilities in residential areas, with
little consensus as to whether the proposed code amendments further either
position. The Planning Commission asked staff to further research the issue
and return with alternative language.
Item 4: Use Permit No. 2004 -007 (PA2004 -045) regarding Ozumo Restaurant at
849 Newport Center Drive was approved and is subject to appeal or call
up by the City Council. (All Ayes)
This is a request to allow the service of alcoholic beverages in association
with the establishment of a new restaurant within the Fashion Island Retail
Shopping Mall. The Planning Commission approved the request with no
comment.
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Planning Commission Agenda
May 25, 2004
Page 2
Item 5: An appeal of the decision of the Modification Committee's approval of
Modification Permit No. 2004 -020 (PA2004 -051), for the Harrington
residence at 1931 Port Laurent Place. The Planning Commission
overruled the Modification Committee and approved the project as
requested by the property owner. (4 Ayes, 3 Noes)
The Modification Committee approved the construction of a freestanding
backyard fireplace to encroach 5 feet into a required 10 foot rear yard
setback, and limited it to 8 feet in height. After hearing testimony, the
Planning Commission determined that the requested encroachment of 7.5
feet into the setback and a fireplace height of 9 feet measured from the
first finished floor level of the existing residence was not detrimental to the
neighborhood due to the grade differential between the subject site and
the adjoining property to the rear and the unique location of the property
adjoining a large greenbelt.
Item 6: Planned Community Development Plan Amendment No. 2004 -002,
Corporate Plaza, was recommended for approval to the City Council and
will be schedule for public hearing at the Council meeting of June 8, 2004.
(5 Ayes, 2 Noes)
This amendment is to make technical amendments to the Corporate Plaza
Planned Community District Regulations to place all land use regulations
in the appropriate location within the text to allow consistent
administration. Also included is a slight reallocation of the permitted
medical office uses within the Planned Community to account for medical
office projects currently in plan check. While the majority of the
Commission believed the changes to be minor in nature, some
Commissioners disagreed with the allocation of the medical office uses.
Item 7: General Plan Amendment, Zone Change and Use Permit for St. Andrews
Presbyterian Church Expansion (PA2002 -265) were continued to June 3,
2004. (All Ayes)
These applications are for the proposed expansion of the existing St.
Andrew's Presbyterian Church. The expansion involves the demolition and
reconstruction of two of the existing building on the campus to provide
enhanced facilities for the fellowship hall and Youth and Family Ministries.
The project is extremely controversial, and an overflow crowd participated
in the hearing. Testimony in favor of the project focused on the value of
the services provided and the benefit to the community of adding more
parking spaces to the site. Testimony in opposition focused on traffic,
noise, land use compatibility and parking. The Commission requested
Planning Commission Agenda
May 25, 2004
Page 3
additional information from staff and continued the matter to their next
meeting.
Prepared and submitted by:
P
Patricia Temple, Planning Director