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HomeMy WebLinkAbout19 - Planning Commission AgendaAgenda Item No. 19 June 14, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, June 9, 2011 REGULAR MEETING 4:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. 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 and print your name on the tablet provided at the podium. E. REQUEST FOR CONTINUANCES CONSENT ITEMS ITEM NO. 1 Minutes of May 19, 2011 ACTION: Approve and file. G. PUBLIC HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS 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.) Please print only your name on the pad that is provided at the podium. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Community Development Department, Planning Division located at 3300 Newport Boulevard, during normal business hours. ITEM NO. 2 Pemstein Residence Minor Use Permit and Variance (PA2010 -173) 2430 Holiday Road SUMMARY: A minor use permit to allow for the retention of an as -built second dwelling unit to be converted to a senior accessory dwelling (granny) unit and a related variance to allow for the construction of a garage addition to encroach 2 feet into the required 10 -foot easterly side setback. The application also includes ten (10) other variance requests to allow for the retention of the following as -built structures: Y An 8 -foot high arbor with a footprint of 48 square feet that encroaches 13 feet into the 15- foot front setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. • An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. • An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the 10 foot rearsetback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. • An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the easterly 10 -foot side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. • A 55 -inch high brick wall that encroaches 5 feet into 15 -foot front setback, where the Zoning Code limits the height of such structures to 42 inches. • An 8 -foot high wall that encroaches 10 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. • An 8 -foot high wall that encroaches 10 feet into the 10 -foot rear setback, where the Zoning Code limits the height of such structures to 6 feet. • An 8 -foot high wall that encroaches 10 feet into the easterly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. • An 8- foot -3 -inch high fireplace that encroaches 8 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. • A 129 - square -foot (footprint of 148 square feet under roof), 11- foot -4 -inch high storage building that encroaches 5 feet into both the 10 -foot easterly side setback and 10 -foot rear setback, where the Zoning Code limits the height of such structures to 6 feet. The application also indicates the existence of an 8 -foot high arbor with a footprint of 48 square feet that encroaches into the required front and easterly side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. The applicant has indicated that this arbor will be removed. Therefore, it is not included in the variance request. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The scope of the work is limited to a garage addition and conversion and alterations of an existing structure to accommodate a granny unit. Also, included in the request is to retain several accessory structures including arbors, walls, a fireplace, and storage building. ACTION: 1) Conduct public hearing; and 2) Adopt a resolution approving Minor Use Permit No. UP2010 -040 for the granny unit and denying Variance No. VA2011 -005 for the construction or retention of all setback encroachments. ITEM NO. 3 Dry Dock Restaurant (PA2011 -005) 2601 West Coast Highway SUMMARY: A conditional use permit application for a food service restaurant with late hours, live entertainment, alcohol sales, outdoor dining, and delivery. The application also includes a request for parking management plan to address off -site parking, valet, 2 and an adjustment to the off - street parking requirements. The proposed hours of operation for dining and delivery are 11:00 a.m. to 2:00 a.m., daily. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which exempts minor alterations to existing facilities. The existing building will remain with no additional square footage. The scope of the physical construction is limited to minor alterations. The building was previously used as an eating and drinking establishment and any changes in operational characteristics are negligible. ACTION: 1) Conduct public hearing, and 2) Adopt a resolution approving Conditional Use Permit No. UP2011 -001. ITEM NO. 4 Newport Beach Country Club — Golf Realty Fund (PA2005 -140) 1600 & 1602 E. Coast Highway SUMMARY: Staff recommends that this item be continued to August 4, 2011, due to the change in the Planning Commission membership. ITEM NO. 5 Newport Beach Country Club — International Bay Clubs, Inc. (PA2008 -152) 1600 E. Coast Highway SUMMARY: Staff recommends that this item be continued to August 4, 2011, due to the change in the Planning Commission membership. H. NEW BUSINESS I. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 Planning Director's report. ITEM NO. 7 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. ITEM NO. 8 Request for excused absences. ADJOURNMENT 3