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Home My WebLink About11 - Planning Commission Agenda - 08-03-2006CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA REPORT Agenda Item No. 11 August 8, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director 949 -644 -3228; ptemple @city.newport- beach.ca.us SUBJECT: Planning Commission Agenda for May 18, 2006 Report of the actions of the Planning Commission Regular Meeting: Item 1: The minutes of July 13, 2006 were approved as corrected. (5 Ayes, 2 Absent) Item 2: The minutes of July 20, 2006 were approved. (5 Ayes, 2 Absent) Item 3: D'Amato Residence (PA2004 -189) 2319 Pacific Drive Request for Variance No. 2004 -002 to allow portions of a new single - family residence to exceed the 24 -foot height limit and Modifcation Permit No. 2006 -072 to allow portions of the garage and an architectural entry wall element to encroach into the required front yard setback. Discussion of the Planning Commission focused on the location the structure is proposed to exceed the height limit, which is on the downward slope of the property. As viewed form Pacific Drive, the building will be no taller than a conforming residence. Because of this, and the fact that the building site is as bluff lot with a significant slope, the item was approved. The variance is subject to appeal by the City Council or the public. (5 Ayes, 2 Absent). Item 4: Herbst Residence (PA2006 -114) 1710 E. Bay Avenue Variance request to exceed the 2 FAR limitation for a single - family home located in the R -1 District and a Modifcation request to encroach within the required front, side, and rear yard setbacks. One Commissioner expressed concern about the approval of Variances for extremely small lots. However, the item was approved, and is subject to appeal by the City Council or the public. (4 Ayes, 1 Noes, 2 Absent) Item 5: Yu -Chien Liao (PA2005 -292) 15 Vista Tramonto Request to permit the construction of a wrought iron gate (8 -feet tall), combination block wall and wrought iron fence (overall 6- to 7 -feet tall) and Planning Commission Agenda for August 3, 2006 Page 2. related pilasters (7 -feet tall) that will encroach 7 feet into the required 10 -foot front yard setback where the Zoning Code limits that height to a maximum of 3- feet 6- inches. The property is located in the PC (Newport Coast Planned Community, Planning Area 2A -1) District. The modification permit was necessary allow the issuance of a building permit for a front entry gate that was constructed without building permits. The applicant presented information regarding the possibility that there are other similar gates without permits in the area, justifying the approval of a modification in this case. However, no evidence was presented regarding the required the finding that there exist "practical difficulties" with the property which make Code compliance difficult. Without the foundation to make the required findings, the Planning Commission denied the appeal by the applicant and upheld and affirmed the decision of the Zoning Administrator. The item is subject to appeal by the City Council or the public. (5 Ayes, 2 Absent) Submitted by: GILL. U Patricia L. Temple, Pranning Director Planning: sharedTianning CommissionNpcagendarpt.doc Agenda Item No. 11 August 8, 2006 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard August 3, 2006 CALL TO ORDER 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENTATION: 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 1 B) 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. Minutes of the regular meeting of July 13, 2006. ACTION: Approve as written and order filed. ITEM NO. 2. Minutes of the regular meeting of July 20, 2006. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 3. D'Amato Residence (PA2004 -189) SUMMARY: Request for Variance No. 2004 -002 to allow portions of a new single - family residence to exceed the 24 -foot height limit and Modifcation Permit No. 2006 -072 to allow portions of the garage and an architectural entry wall element to encroach into the required front yard setback. ACTION: Staff recommends the Planning Commission approve Variance No. 2004 -002 and Modifcation Permit No. 2006 -072 subject to findings and conditions. 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 speakerhas one minute left forsummation.) ITEM NO. 4. Herbst Residence (PA2006 -114) 1710 E. Bay Avenue SUMMARY: Variance request to exceed the 2 FAR limitation for a single - family home located in the R -1 District and a Modifcation request to encroach within the required front, side, and rear yard setbacks. ACTION: Staff recommends approval of Variance No. 2006 -002 and Modification Permit No. 2006 -059, subject to findings and conditions. ITEM NO. 5. Yu -Chien Liao (PA2005 -292) 15 Vista Tramonto SUMMARY: Request to permit the construction of a wrought iron gate (8 -feet tall), combination block wall and wrought iron fence (overall 6- to 7 -feet tall) and related pilasters (7- feet tall) that will encroach 7 feet into the required 10 -foot front yard setback where the Zoning Code limits that height to a maximum of 3 -feet 6- inches. The property is located in the PC (Newport Coast Planned Community, Planning Area 2A -1) District. ACTION: Staff recommends that the Planning Commission deny the appeal and uphold and affirm the decision of the Zoning Administrator to deny Modification Permit No. 2005 -135. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Report from Planning Commission's representative to the Economic Development Committee - c) Report from the Planning Commission's representative to the Local Coastal 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) Project status — g) Requests for excused absences - ADJOURNMENT: