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CITY OF
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Agenda Item No. 16
June 12, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt(cDnewportbeachca.00v
PREPARED BY: Brenda Wisneski, Deputy Director Community Development
949 - 644 -3297; bwisneski(a).newportbeachca.00v
APPROVED:
TITLE: Planning Commission Agenda Report for June 7, 2012
Item No. 1 Minutes of May 17, 2012
The minutes were approved (4 ayes, 1 abstention, 2 excused).
AYES:
Ameri, Hillgren, Kramer, and Toerge
NOES:
None
ABSENT:
Brown and Myers
ABSTAIN:
Tucker
Item No. 2 Cornerstone Securities Residential Addition (PA2012 -027)
245 Evening Canyon Road
Summary: A request for a variance to allow a 2,000- square -foot addition to an
existing 2,757- square -foot nonconforming single - family residence. The
structure is nonconforming because the existing residence encroaches
between seven and 11 inches into the required 6 -foot southwesterly side
yard setback. A variance is requested to allow a 73 percent addition and a
second floor addition that would project into the southerly side yard
setback, in -line with the existing nonconforming residence. With approval
of the variance to modify the side yard setback, the structure would no
longer be considered nonconforming, therefore a variance to allow the 73
percent addition would not be required.
Planning Commission Agenda Report for June 7, 2012
June 12, 2012
Page 2
The public notice included a request for a modification permit to allow two
garage parking spaces and two driveway parking spaces where three
garage spaces are required because the proposed gross floor area
exceeds 4,000 square feet. However, this request was withdrawn by the
applicant and the plans were modified to include three enclosed parking
spaces, which complies with the Zoning Code parking requirement.
Assistant Planner Makana Nova gave a presentation highlighting the
applicant's request, the history of the setback provisions for the
subdivision and the surrounding conditions. She noted that the original
side yard setback requirements were based on 10 percent of the lot width.
Therefore roughly one -third of the structures in the neighborhood do not
conform to the setback requirements. She elaborated that prior to the
2010 Zoning Code, additions could maintain nonconforming setbacks in
this neighborhood.
Assistant Planner Nova reviewed the required findings in support of the
project. The public hearing was opened which included public testimony
in support and opposition to the project.
The Planning Commission voted unanimously to approve the variance to
modify the said side yard setback (5 ayes, 2 excused).
AYES:
Ameri, Hillgren, Kramer, Toerge and Tucker
NOES:
None
ABSENT:
Brown and Myers
ABSTAIN:
None
Item No. 3 Coast Business Center Sign Program (PA2012 -010)
2121 East Coast Highway
Summary: An appeal of the Zoning Administrator's decision to approve Modification
Permit No. MD2012 -004 and to amend Comprehensive Sign Program No.
CS2007 -002. Approval of the project would allow the addition of two signs
on the southeast (Avocado Avenue) elevation of the building located at 2121
East Coast Highway that cumulatively (60 square feet) exceeds the
maximum sign area for secondary frontage signs (37.5 square feet).
Senior Planner Gregg Ramirez gave a presentation summarizing the
request and the existing Sign Program. Senior Planner Ramirez explained
that the Code provisions limit multi- tenant buildings with a common
entrance, such as the subject property, to one 75- square foot sign.
Buildings which provide tenants direct exterior access, such as a
commercial strip center, are permitted one 75 square -foot sign per tenant.
Planning Commission Agenda Report for June 7, 2012
June 12, 2012
Page 3
Following receipt of public testimony and comments from the applicant,
the Commission voted unanimously to reverse the decision of the Zoning
Administrator and deny the request to amend the Sign Program (5 ayes, 2
excused).
AYES:
Ameri, Hillgren, Kramer, Toerge and Tucker
NOES:
None
ABSENT:
Brown and Myers
ABSTAIN:
None
Item No. 4 Airport Area PC Amendment (PA2011 -215)
Amendment affects all properties designated for mixed -use development
within an area bounded by MacArthur Boulevard, Jamboree Road, Birch
Street, and Bristol Street North.
Summary: Amendment to the Newport Place Planned Community Development Plan
(PC -11) to implement Housing Programs 3.2.2 and 3.2.3 of the 2008 -2014
Housing Element. The amendment would permit residential development
that includes a minimum of 30 percent of the units affordable to lower -
income households with the approval of a Site Development Review.
Developments meeting this criteria will also be eligible for a waiver of the
minimum 10 -acre site area requirement. The amendment would also
establish minimum development regulations including building height,
setbacks, and parking requirements.
Assistant Planner Melinda Whelan gave a presentation summarizing the
request. Commissioner's comments expounded on the fact that
residential uses were already allowed in the area, in accordance with the
General Plan. Discussion also explored allowing greater flexibility in the
height and density of the qualifying projects. Concerns were expressed
related to removing the 10 -acre site limitation and the ability for smaller
projects to provide the needed on -site amenities.
Public testimony included support and opposition for the proposed
amendment.
The Commission voted to recommend the City Council approve the
requested amendment (4 ayes, 1 noe, 2 excused).
AYES:
Ameri, Hillgren, Kramer, and Tucker
NOES:
Toerge
ABSENT:
Brown and Myers
ABSTAIN:
None
Planning Commission Agenda Report for June 7, 2012
June 12, 2012
Page 4
Item No. 5 Mariner's Pointe (PA2010 -114)
100 — 300 West Coast Highway
Summary: On August 9, 2011, the City Council approved the Mariner's Pointe
project, a 19,905- square -foot commercial building and a three -level
parking structure. As a condition of project approval, the applicant is
required to submit final architectural and landscaping plans for review and
approval by the Planning Commission. The applicant is also requesting
review of proposed revisions to the building design, which include minor
increases in height to various tower elements of the parking structure and
the addition and expansion of rooftop mechanical equipment enclosures.
Associate Planner Jaime Murillo gave a presentation comparing the
approved concept plan and the proposed revisions. Detailed elevations
and color /material board demonstrated compliance with the approved
design. Required modifications were shown to comply with the Zoning
regulations. Concern was expressed about the overall size and mass of
the structure.
Following public testimony and comments from the applicant's team, the
Commission voted to approve the final architectural and landscape plans
and find the changes in substantial conformance (4 ayes, 1 noe, 2
excused).
AYES:
Ameri, Hillgren, Kramer, and Tucker
NOES:
Toerge
ABSENT:
Brown and Myers
ABSTAIN:
None
Item No. 6 Review of Preliminary Fiscal Year 2012 -2013 Capital Improvement
Program (PA2007 -131)
Summary: Review of the City's Capital Improvement Program (CIP) is required by the
City Charter and State Statute. The purpose of the review is to determine
consistency with the General Plan and to make recommendations to the
City Council concerning proposed public works projects. A draft of the
2012 -2013 CIP was presented to the Planning Commission on May 3,
2012. The Commission had specific questions about the details of several
projects. The discussion was continued to June 7, 2012.
Assistant Planner Melinda Whelan gave a presentation summarizing the
requested action. Deputy Public Works Director Dave Webb, provided a
summary of modifications recently made to the CIP.
Planning Commission Agenda Report for June 7, 2012
June 12, 2012
Page 5
The Commission voted unanimously to determine that the CIP projects
are consistent with the policies of the General Plan (5 ayes, 2 excused).
AYES:
Ameri, Hillgren, Kramer, Toerge, and Tucker
NOES:
None
ABSENT:
Brown and Myers
ABSTAIN:
None
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