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HomeMy WebLinkAbout11 - Planning Commission Agenda and Action Report - 7-7-11Agenda Item No. 11 July 12, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, Community Development Director 949 - 644 -3226, kbrandt(o)newportbeachca.gov PREPARED BY: Gregg Ramirez, Senior Planner 949 - 644 -3219; gramirez(a)newportbeachca.gov APPROVED: A TITLE: Planning Commission Agenda for July 7, 2011 Election of Officers The Commission elected the following officers for the coming year: Chair: Commissioner Unsworth Vice Chair: Commissioner Toerge Secretary: Commissioner Hillgren Item No. 1 Minutes of June 23, 2011 Commissioners Hawkins, Unsworth and Toerge provided edits to the minutes and the revised draft minutes were continued (5 ayes, 2 abstentions). 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 a request for variance approval to retain ten (10) as -built over - height structures located within required setbacks including: four (4) arbors, four (4) walls, a free - standing fireplace and a storage shed. Following presentations by staff and the applicant, the Commission received public testimony. Two neighbors spoke in support of the requested application. Commission discussion included inquiries on sight distance and whether the structures in the rear setback would be allowed within the Southern California Edison easement. The Commission ultimately believed that findings for approval Planning Commission Agenda for July 7, 2011 July 12, 2011 Page 2 could be made for the entire project as requested by the applicant and voted to approve the project. (All ayes). Item No.3 Whitacre Residence Appeal - (PA2010 -105) 101 15th Street Summary: An appeal of the Zoning Administrator's approval of Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027, which allowed an addition to a nonconforming structure. The Use Permit would allow for an addition of up to 75 percent of the existing gross floor area and alterations of up to 75 percent of the existing structural elements of the nonconforming structures. The Use Permit would not allow a demolition and rebuild of the existing structures, only alteration of up to 75 percent of the structural elements. The Modification Permit would allow for encroachments into the rear and side setbacks. The site is developed with two (2) commercial structures adjacent to 15th Street and a residential structure to the rear. The applicant proposes an addition to the existing residence and the addition of a new dwelling unit above the commercial structures. Four -car parking is proposed to satisfy the residential parking requirements. Following presentations by staff and the applicant, the Commission received public testimony. One neighbor, their representative and a tenant of neighboring building spoke in opposition. Concerns included stability of the existing structure and whether it was safe to add a second floor, lack of parking for the existing commercial portion of the property, the location of the trash bin and length of construction. Commission discussion focused on the lack of parking for the existing commercial uses and safety of adding a second floor to the existing commercial building. Additionally, the Commission discussed whether findings for approval could be made that essentially require that the value of the existing non - conformities and the cost of bringing the building in compliance exceed the cost of the proposed construction. The Commission determined that the findings could not be made and voted to reverse the decision of the Zoning Administrator and deny the request (5 ayes, 2 noes). Item No.4 Nero Property Amendment, 15th Street (PA2011 -061) 105 15th Street Summary: The property owner is seeking to continue the existing nonconforming commercial uses of the subject property by requesting the following amendments: 1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -1­14), 2) Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed -Use Horizontal (MU -H), and 3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST). No new land use or development is proposed at this time. Planning Commission Agenda for July 7, 2011 July 12, 2011 Page 3 Following a brief presentation by staff and comments by the applicant representative, the Commission voted to recommend approval of the application as requested to the City Council (All ayes). Item No.5 Restaurant Conditional Use Permit (PA2011 -062) 111 Palm Street Summary: A conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on- site parking. After a presentation by staff and the applicant, the Commission heard public testimony. Four members of the public testified. Their concerns included lack of a known operator, an additional restaurant with alcohol service in the area, noise and how this would fit in with the ongoing Balboa Village visioning effort. In addition to the issues raised by the public, the Commission also discussed the lack of on -site parking and whether the Operator License along with the conditions of approval would be effective to ensure the establishment would be compatible with the neighborhood. The Commission determined that the findings for approval could be made and voted to approve the request as proposed (4 ayes, 3 noes). Submitted by: Gregg a y z, Senior Planner Agenda Item No. 11 July 12, 2011 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, July 7, 2011 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. ELECTION OF OFFICERS The Commission will elect officers to serve for the year. E. 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 three minutes. Before speaking, please state your name for the record and print your name on the tablet provided at the podium. F. REQUEST FOR CONTINUANCES G. CONSENT ITEMS ITEM NO. 1 Minutes of June 23, 2011 ACTION: Approve and file. H. 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 a request for variance approval to retain ten (10) as -built over- height structures located within required setbacks including: four (4) arbors, four (4) walls, a free - standing fireplace and a storage shed. CEQA COMPLIANCE: The project is categorically exempt under Section 15303, of the 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. If denied, the project is not subject to CEQA review, pursuant to Section 15270 of the CEQA Guidelines. 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 Whitacre Residence Appeal - (PA2010 -105) 101 15th Street SUMMARY: An appeal of the Zoning Administrators approval of Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027, which allowed an addition to a nonconforming structure. The Use Permit would allow for an addition of up to 75 percent of the existing gross floor area and alterations of up to 75 percent of the existing structural elements of the nonconforming structures. The Use Permit would not allow a demolition and rebuild of the existing structures, only alteration of up to 75 percent of the structural elements. The Modification Permit would allow for encroachments into the rear and side setbacks. The site is developed with two (2) commercial structures adjacent to 15`h Street and a residential structure to the rear. The applicant proposes an addition to the existing residence and the addition of a new dwelling unit above the commercial structures. Four -car parking is proposed to satisfy the residential parking requirements. CEQA COMPLIANCE: If upheld and approved, then this project is exempt from CEQA, pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts minor alterations to existing facilities that involve negligible expansion of the use, including the addition of a new residential unit. If reversed and denied, then the project is not subject to CEQA review, pursuant to Section 15270 of the CEQA Guidelines. ACTION: 1) Conduct public hearing; and 2) Uphold or reverse the decision of the Zoning Administrator and adopt Resolution No. _ for Use Permit No. UP2010 -021 and Modification Permit No. MD2010 -027. ITEM NO.4 Nero Property Amendment, 15th Street (PA2011 -061) 105 15th Street SUMMARY: The property owner is seeking to continue the existing nonconforming commercial uses of the subject property by requesting the following amendments: 1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed - Use Horizontal 4 (MU -1­14), 2) Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed - Use Horizontal (MU -H), and 3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST). No new land use or development is proposed at this time. CEQA COMPLIANCE: The proposed amendments are exempt since they do not entail any significant alteration to the subject property and will bring the General Plan Land Use, Coastal Land Use, and Zoning District designations consistent with the present use of the subject property. The site is presently developed and no development is proposed at this time, however, future development of the existing property and structures would be categorically exempt under Section 15302 of the California Environmental Quality Act Guidelines — Class 2 (Replacement or Reconstruction). If denied: the project is not subject to CEQA review, pursuant to Section 15270 of the CEQA Guidelines. ACTION: 1) Conduct public hearing; and 2) Adopt Resolution No. _ recommending the City Council: • Approve General Plan Amendment No. GP2011 -004; and • Approve Local Coastal Plan Amendment No. LC2011 -003; and • Approve Code Amendment No. CA2011 -007. ITEM NO. 5 Restaurant Conditional Use Permit (PA2011 -062) 111 Palm Street SUMMARY: A conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On- Sale General) alcoholic beverage license. Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the CEQA - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the reestablishment of a restaurant with an accessory outdoor dining patio and office within an existing structure. Therefore, the interior use, outdoor dining patio, and office qualify for a categorical exemption under Class 1. If denied, the project is not subject to CEQA review, pursuant to Section 15270 of the CEQA Guidelines. ACTION: 1) Conduct a public hearing; and 2) Approve Use Permit No. UP2011 -012 with a closing hour of 12:00 midnight for the interior of the establishment and 10:00 p.m. for the outdoor dining patio, subject to the findings and conditions of approval in the draft resolution. I. NEW BUSINESS J. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 Community Development 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