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Home My WebLink About14 - Planning Commission Agenda - 10-21-2004• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 October 26, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director SUBJECT: Planning Commission Agenda —October 21, 2004 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of October 7, 2004 were approved. (5 Ayes, I Abstain) Item 2: Gates Residence Appeal PA2004 -208 505 J. Street Appeal of the determination of compliance with the provisions of Chapter 20.65 • of the Newport Beach Municipal Code (Building Height) by the Planning Director related to the approval of a plan revision for a project at 505 J Street. The appeal contests the correctness of that determination. This item was continued to November 4, 2004 at the request of the appellant. (6 Ayes) Item 3: Code Amendment No. 2004 -009 Amend Chapter 20.44 (Specific Plan District #7 — Santa Ana Heights) to be consistent with Chapter 20.85 (Accessory Dwelling Units). This item was continued to November 18, 2004 at the request of the Santa Ana Heights Project Area Committee. (6 Ayes) Item 4: Sweeney residence appeal (PA2004 -206) 401 -403 Heliotrope Avenue This item is an appeal of the Planning Director's determination of grade for the purpose of measuring structure height pursuant to the provisions of the Zoning Code. The Commission discussed the provisions of the Code as it relates to the meaning of what "filled condition" was intended to mean, and asked staff to . provide additional information. This item was continued to November 4, 2004. (6 Ayes) Plan ning:shared -plan ningoommission- pcagendarpt — _ -__ Planning Commission Agenda October 21, 2004 Page 2 • Item 5: Zotavich Fence (PA2004 -183) 4621 Perham Road Appeal of the Modifications Committee's decision to require a 5 -foot, 6 -inch high wrought -iron pool - protection fence with a 6 -foot high gate, proposed to be located within the 30 -foot front yard setback adjacent to Camden Drive, to be set back a minimum of 5 -feet from the property line. The applicant requests approval to allow the pool protection fence to be constructed on the property line. The pool - protection fence is required by the Building Code for a proposed spa. Upon discussion, the Planning Commission decided that the proposed encroachment of the fencing within the setback area was not a detriment to the neighborhood, and approved the request as originally submitted. (4 Ayes, 1 Noes, 1 Abstain) Item 6: St. Andrews Presbyterian Church Expansion (PA2002 -265) 600 St. Andrews Road 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 consideration at this hearing was focused upon the adequacy of the Environmental Impact Report prepared for the project as well as all comments and the responses to them. A response to a comments comment received after the review period ended was requested from staff. The Commission generally considered the EIR to be adequate under the California Environmental Quality Act after a lengthy discussion of each of the major topics discussed in the EIR. The Commission was very interested in operational conditions for the Use Permit, which may serve to promote compatibility of the project with the adjoining neighborhood. The Commission also expressed a keen interest in the possibility of an agreement with the Newport-Mesa Unified School District related to parking at Newport Harbor High School. It is hoped by the Commission that proposed Findings and Conditions can be available at the next hearing. This item was continued to November 18, 2004 (6 Ayes). Prepared and submitted by: �%vf • P-artricia Temple Planning Director Agenda Item No. 14 October 26, 2004 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard October 21, 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) 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 regular meeting of October 7, 2004 ACTION: Approve as written and order filed. ITEM NO. 2. SUBJECT: Gates Residence Appeal PA2004 -208 505 J. Street SUMMARY: Appeal of the determination of compliance with the provisions of Chapter 20.65 of the Newport Beach Municipal Code (Building Height) by the Planning Director related to the approval of a plan revision for a project at 505 J Street. The appeal contests the correctness of that determination ACTION: Continue this item to November 4, 2004 at the request of the appellant. 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.) HEARING ITEMS: ITEM NO. 3. SUBJECT: Code Amendment SUMMARY: Amend Chapter 20.44 (Specific Plan District #7 — Santa Ana Heights) to be consistent with Chapter 20.85 (Accessory Dwelling Units). ACTION: Adopt resolution recommending approval of Code Amendment No. 2004009 to the City Council. ITEM NO. 4. SUBJECT Sweeney residence appeal (PA2004 -206) 401 -403 Heliotrope Avenue SUMMARY: Appeal of the Planning Director's determination of grade for the purpose of measuring structure height ACTION: Staff recommends that the Planning Commission deny the appeal and uphold the Planning Director's determination of grade. ITEM NO. S. SUBJECT: Zotavich Fence (PA2004 -183) 4621 Perham Road SUMMARY: Appeal of the Modifications Committee's decision to require a 5 -foot, 6 -inch high wrought -iron pool - protection fence with a 6 -foot high gate, proposed to be located within the 30 -foot front yard setback adjacent to Camden Drive, to be set back a minimum of 5 -feet from the property line. The applicant requests approval to allow the pool protection fence to be constructed on the property line. The pool - protection fence is required by the Building Code for a proposed spa. ACTION: Staff recommends that the Planning Commission deny the appeal and uphold and affirm the decision of the Modifications Committee and approve Modification Permit No. 2003 -094. ITEM NO. 6. SUBJECT St. Andrews Presbyterian Church Expansion (PA2002 -265) 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. ACTION: Consider the Draft Environmental Impact Report, Comments and Responses to Comments, provide direction to staff regarding the adequacy of the EIR and continue the item to November 18, 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