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Home My WebLink About10 - Planning Commisson Agenda - 02-09-2006Agenda Item No. 10 February 14, 2006 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard February 9, 2006 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 (Items 1 and 2) are 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 speck 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. Minutes of the adjourned meeting of December 6, 2005. ITEM NO. 2. Minutes of the adjourned meeting of January 19, 2006 ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 3. The Natural Solution Directcare 359 San Miguel Drive, Suite107 SUMMARY: An appeal of the approval of Planning Director's Use Permit No.2005 -053, submitted by The Natural Solution Directcare, to allow the introduction of an independent massage facility in conjunction with an accupressurelaccupuncture and wellness center. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the massage use will be provided within one of the three treatment rooms. Also included in the application is a waiver of the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet. ACTION: Recommend the Planning Commission uphold the decision of the Planning Director and deny the appeal. (PA2005 -287) 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 signiffes that the speaker has one minute left for summation.) ITEM NO. 4. CalTrans West SUMMARY: Amend the current General Plan land use designation of the site from Single Family Attached (SFA) residential to Recreational & Environmental Open Space (REDS). For consistency with the proposed General Plan Amendment, a Code Amendment is required to repeal the Planned Community text and change the zoning designation of the site to Open Space- Active (OS -A), and a Local Coastal Plan Amendment is required to change the coastal land use designation from Medium Density Residential (RM -B) to Open Space (OS). ACTION: Recommend approval of the General Plan Amendment No. 2006 -001, Local Coastal Plan Amendment No. 2006 -001 and Code Amendment No. 2006 -001 to the City Council. (PA2006 -016) ITEM NO. 5 Widening Coast Highway Between Dover Drive and Rocky Point SUMMARY: Discussion of the widening or improvement of Coast Highway between Dover Drive and Rocky Point to provide three westbound lanes as a priority project for the 2006 Capital Improvement Program (CIP). ACTION: Discussion item ITEM NO. 6. Sober Living by the Sea 2811 Villa Way SUMMARY: Request for approval for Use Permit No. 2005 -031 to allow a substance abuse counseling center. The application also requests the approval of an Off -Site Parking Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807 Lafayette Avenue, accommodating 12 employee parking spaces, two pair of which will be in tandem configuration. Additionally, a parking waiver of 43 spaces is requested in association with the use. ACTION: Approve Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133 subject to findings and conditions of approval (PA2005 -136). ADDITIONAL BUSINESS: a) City Council Follow -up - b) 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) Report from Planning Commission's representative to the Local Coastal Plan Certification Committee — e) Report from Planning Commission's representative to the Zoning Committee - f) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - { g) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff I report - i h) Project status — i) Requests for excused absences - ADJOURNMENT: 3 � • CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA REPORT Agenda item No. 10 February 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director ptemple@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for February 9, 2006 Report of the actions of the Planning Commission Regular Meeting Item 1: The minutes of December 6, 2005 were approved as corrected. (All Ayes) Item 2: The minutes of January 19, 2006 were approved as corrected. (All Ayes) Item 3: The Natural Solution Directcare 359 San Miguel Drive, Suite107 • An appeal of the approval of Planning Director's Use Permit No.2005 -053, submitted by The Natural Solution Directcare, to allow the introduction of an independent massage facility in conjunction with an accupressure/accupuncture and wellness center. The facility is located within an existing multi - tenant commercial building. No new construction is proposed with this application and the massage use will be provided within one of the three treatment rooms. Also included in the application is a waiver of the location requirements that limit the distance between such independent massage establishments to a minimum of 500 feet. Because the appellant did not attend the meeting to state his/her case, the Planning Commission upheld the decision of the Planning Director and denied the appeal. (6 Ayes, 1 Absent). Item 4: CalTrans West Amend the current General Plan land use designation of the site located at West Coast Highway and Superior Avenue from Single Family Attached (SFA) residential to Recreational & Environmental Open Space (REDS). For consistency with the proposed General Plan Amendment, a Code Amendment is required to repeal the Planned Community text and change the zoning designation of the site to Open Space -Active (OS -A), and a Local Coastal Plan Amendment is required to change the coastal land use designation from Medium Density Residential (RM -B) to Open Space (OS). • Discussion of the Planning Commission centered on the reasons for the amendments, and their relationship to the legislation providing for the acquisNion Planning Commission Agenda February 9, 2006 Page 2 of the site for park purposes by the City. It was also stated for the benefit of • members of the audience who appeared in opposition to the proposal that the Planning Commission does not have jurisdiction over the design or development of parks in the City, or what items may be included as part of such a project. The item was then recommended for approval, and will be heard by the City Council on February 14, 2006. (6 Ayes, 1 Absent) Item 5: Widening Coast Highway between Dover Drive and Rocky Point Discussion of the widening or improvement of Coast Highway between Dover Drive and Rocky Point to provide three westbound lanes as a priority project for the 2006 Capital Improvement Program (CIP). The Public Works Department report described the limited benefit of extending the widening further to the west of the Mariners Gateway project. Because of this, the Planning Commission tabled the item. (All Ayes) Item 6: Sober Living by the Sea 2811 Villa Way Request for approval for Use Permit No. 2005 -031 to allow a substance abuse counseling center. The application also requests the approval of an Off-Site Parking Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807 Lafayette Avenue, accommodating 13 employee parking spaces, two pair of which will be in tandem configuration. Additionally, a parking • waiver of 29 spaces is requested in association with the use. Public testimony and discussion of the Planning Commission focused on the requested parking waiver and the operational characteristics of the project which could support making the findings required for the parking waiver. A key in this consideration was the number of clients who had access to automobiles, and how it could be assured that these clients could be required to arrive at this site using bicycles or van transportation only. Because of this uncertainty, the request was not approved after the motion to approve failed on a tied vote (3 Ayes, 3 Noes, 1 Recused). This item is considered denied and is subject to appeal by the public or City Council. Submitted by: Patricia L. Temple, lann ng Director ector • Planning: shared\Planning Commission\pcagendarpt.doc