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Home My WebLink About18 - Planning Commission Agenda - 01-06-2005CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 January 11, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Sharon Z. Wood, (949) 644 -3222 swood@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for January 6, 2005 Report of the actions of the Planning Commission Regular Meeting: Item 1: The minutes of December 9, 2004 were approved (all ayes). Item 2: Medical and Dental Office Parking Requirements (PA2004 -007) The proposed Zoning Code amendment would increase parking for medical and dental office uses from 1 space per 250 gross square feet to 1 space per 200 square feet. The Commission adopted a resolution that recommends adoption of the proposed amendment (all ayes). The recommendation and amendment will be automatically forwarded to the City Council for consideration. Item 3: Circle Residence (PA2003 -006) 3415 Ocean Blvd. The application is an amendment to a previously approved Variance for building height and a Modification Permit for encroachments of the proposed home within the front yard setback. The Commission required two exterior decks on the ocean side of the project to be reduced in size, to be in more in keeping with the surrounding pattern of development. The project was approved (all ayes) and is subject to appeal. Item 4: Gates Residence Appeal (PA2004 -208) 505 J. Street This item was continued to January 20, 2005 (all ayes). Planning: shared \Planning Commission \pcagendarpt.doc Planning Commission Agenda January 11, 2005 Page 2 Item 5: Anthony Ciasulli representing Geoff Le Plastrier 227 Goldenrod Avenue The Planning Director determined that an unauthorized canvas canopy structure located atop a 3rd level exterior deck of the home was defined as a structure and therefore subject to applicable height limits. The height of the canopy structure is not compliant with the height limit. The Planning Commission upheld this administrative determination and denied the appeal filed by the property owner (all ayes). The action is subject to appeal. Item 6: Orchid Plaza Appeal (PA2004 -194) 3600 E. Coast Highway The application seeks authorization for a proposed retail building to exceed the allowable building bulk. The Planning Director was unable to make affirmative findings for approval and denied the application. The Planning Commission considered the applicant's appeal requesting that the Commission approve a revised set of plans. The Commission determined that the revised plans could not be acted upon since the Zoning Code limits appeals to the original application and plans and that the public was not informed of the revised project. The Commission acted to deny the project without prejudice (all ayes). This action allows the applicant to immediately reapply allowing the Planning Director to consider the revised project. The Commission's action to deny without prejudice is subject to appeal. Submitted by: VL Aaron Z. Wood, Vistant City Manager Agenda Item No. 18 January 11, 2005 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard January 6, 2005 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 December 9, 2004. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 2 SUBJECT: Medical and Dental Office Parking Requirements (PA2004 -007) SUMMARY: Proposed amendment to Section 20.66.030 of the Municipal Code (Off Street parking and loading spaces required) to increase the number of parking spaces required for medical and dental office uses. ACTION: Adopt the resolution recommending 1 parking space be provided for each 200 square feet of gross floor area used for medical or dental office uses Code Amendment No. 2004 -004 (PA2004 -007). 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.) ITEM NO. 3 SUBJECT: Circle Residence (PA2003 -006) 3415 Ocean Blvd. SUMMARY: Request for an amendment to an approved Variance and Modification Permit that allowed a new single - family residence to exceed the 24 -foot height limit and subterranean portions of 3 floors to encroach into the required 10 -foot front yard setback. The applicant is requesting changes to the building design that include an increase to the height on the bluff side of the proposed residence. The applicant does not request to exceed the top of curb height of Ocean Boulevard. ACTION: Adopt the resolution approving an amendment to Variance No. 2003 -001 and Modification Permit No. 2003 -004 subject to findings and conditions. ITEM NO. 4 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 to January 20, 2005. ITEM NO. 5 SUBJECT: Anthony Ciasulli representing Geoff Le Plastrier 227 Goldenrod Avenue SUMMARY: Appeal of the determination of the Planning Director on the applicability of City height limits to a canvas patio cover on a third floor roof deck. ACTION: Uphold the Planning Director's administrative determination and deny the appeal. ITEM NO.6 SUBJECT: Orchid Plaza Appeal (PA2004 -194) 3600 E. Coast Highway SUMMARY: Appeal of the denial by the Planning Director of a Use Permit for a proposed commercial building to exceed the allowable building bulk limit established by Section 20.63.060 of the Municipal Code. ACTION: Adopt the resolution approving Use Permit No. 2004 -033 as modified subject to findings and conditions of approval. 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 - 0 Status Reports on Planning Commission requests - g) Project status - h) Requests for excused absences - ADJOURNMENT R