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HomeMy WebLinkAbout10 - Planning Commission Agendas & Action ReportSEW PoRr CITY OF NEWPORT BEACH CqC /F00.H�P City Council Staff Report Agenda Item No. 10 February 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt(a)newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Director Community Development 949 - 644 -3297; bwisneski(a)newportbeachca.gov APPROVED: O �\ TITLE: Planning Commission Agenda Report for February 9, 2012 Study Session Item No. 1 Newport Banning Ranch (PA2008 -114) Summary: Discussion of Open Space, Parks and Trails This was the second of a series of study sessions on the proposed Newport Banning Ranch project. The purpose of the study sessions is to provide the Planning Commission and the public the opportunity to review and discuss details of the proposed project prior to public hearings. This study session focused on the proposed open space areas, parks, and trail system. Regular Meeting Item No. 1 Minutes of January 19, 2012, Study Session The minutes were approved (5 ayes, 1 excused). AYES: Ameri, Hillgren, Myers, Toerge and Tucker NOES: None. ABSENT: Kramer ABSTAIN: None. Item No. 2 Minutes of January 19, 2012 The minutes were approved (5 ayes, 1 excused). -1 Item No. 3 Summary: Planning Commission Agenda Report for February 9, 2012 February 14, 2012 Page 2 AYES: Ameri, Hillgren, Myers, NOES: None. ABSENT: Kramer. ABSTAIN: None. Weinberg Variance (PA2011 -207) 138 Via Xanthe Toerge and Tucker Variance application to allow the construction of a 818 square foot, second story addition to an existing nonconforming residence. The addition would encroach 1 foot within both required 4 foot side yard setback areas. Principal Planner James Campbell gave the presentation highlighting the applicant's request, the existing development, and the development on the neighboring properties. He noted that the proposed project is a partial second story that would not extend the entire length of the property, and, that if approved the home would be lower than the maximum permitted height. He indicated because of these reasons staff was recommending approval of the variance. Staff requested that Condition Nos. 3 and 5 be eliminated and the language from Condition No. 4 be incorporated within the resolution as a finding. Additionally, staff requested that Condition No. 7 be modified to read as follows: 7. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Veyer Weinberg Variance including, but not limited to, the Variance No. VA2011 -949 207. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition." The applicant testified that he believed the scale and size of the project fit the neighborhood and that it would not be injurious to the neighbors. The adjacent property owner spoke and asked for clarification regarding the variance request and indicated that HOA had not approved the project. After a brief discussion the Planning Commission voted unanimously to approve the project with minor changes to the resolution as proposed by staff (5 ayes, 1 excused). 2 Planning Commission Agenda Report for February 9, 2012 February 14, 2012 Page 3 AYES: Ameri, Hillgren, Myers, Toerge and Tucker NOES: None. ABSENT: Kramer ABSTAIN: None. Item No. 4 Beach Coin Laundromat Amendments (PA2011 -209) 200 30th Street Summary: The property owner seeks to continue the nonconforming commercial use of the subject property by requesting the following amendments: 1) General Plan Amendment to change the land use designation from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), 2) Coastal Land Use Plan Amendment to change the designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A), and 3) Zoning Code Amendment to change the zoning designation from Two -Unit Residential (R -2) to the Commercial Visitor - Serving (CV). No change in land use or new development is proposed at this time. Assistant Planner Fern Nueno gave a presentation highlighting the applicant's request to change the land use designation to Visitor Serving Commercial from Two - Unit Residential. The presentation indicated that the existing laundromat use has been on the property since 1960, described surrounding uses, and stated that approval will make the existing use of the site conforming and not subject to abatement. The applicant's attorney explained his client's desire to maintain the existing use and no changes are proposed at this time. Two members of the public spoke in favor of the land use change and that the laundromat use provided a good service to the community. The Planning Commission voted unanimously to approve the project (5 ayes, 1 excused). AYES: Ameri, Hillgren, Myers, Toerge and Tucker NOES: None. ABSENT: Kramer. ABSTAIN: None. Item No. 5 Alternative Setback Determination (PA2012 -001) 1702 Park Avenue Summary: The applicant is requesting an alternative setback determination for property located at 1702 Park Avenue to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: Front (Along Park Avenue) — 6 feet 3 by: Planning Commission Agenda Report for February 9, 2012 February 14, 2012 Page 4 • Sides — 3 feet • Rear (Opposite Park Avenue) — 3 feet Assistant Planner Kay Sims summarized the request and explained how staff analyzes the floor area ratio and the pattern of surrounding development when looking at these applications. The Commission was in favor of the recommended front and side setbacks and focused their discussion on what an appropriate rear yard setback should be. The applicant's representative explained their request and that they believed a 3 -foot rear yard setback would result in a building that would be consistent with the property and surrounding development. Following discussion, the Commission voted to approve the request as (5 ayes, 1 excused). AYES: Ameri, Hillgren, Myers, Toerge and Tucker NOES: None. ABSENT: Kramer. ABSTAIN: None. Community Development 21 Agenda Item No.10 February 14, 2012 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, February 9, 2012 STUDY'SESSION MEETING 4:30 p.m. A. ROLL CALL B. CURRENT BUSINESS ITEM NO. 1 Newport Banning Ranch: Discussion of Open Space, Parks and Trails SUMMARY: This is the second of a series of study sessions on the proposed Newport Banning Ranch project. The purpose of the study sessions is to provide the Planning Commission and the public the opportunity to review and discuss details of the proposed project prior to public hearings. This study session will focus on the proposed open space areas, parks, and trail system. C. PUBLIC COMMENTS Public comments are invited on items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the tablet provided at the podium. D. ADJOURNMENT NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers — 3300 Newport Boulevard Thursday, February 9, 2012 REGULAR MEETING 6:30 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 three (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 F. CONSENT ITEMS ITEM NO. 1 Minutes of January 19, 2012, Study Session ACTION: Approve and file. ITEM NO. 2 Minutes of January 19, 2012 ACTION: Approve and file. G. PUBLIC HEARING ITEMS ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS RECORDED. SPEAKERS MUST LIMIT REMARKS TO THREE (3) MINUTES ON ALL ITEMS. (Red light signifies when three (3) minutes are up; yellow light signifies that the speaker has one (1) 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. 3 Weinberg Variance (PA2011 -207) 138 Via Xanthe SUMMARY: Variance application to allow the construction of a 818 square foot, second story addition to an existing nonconforming residence. The addition would encroach 1 foot within both required 4 foot side yard setback areas. CEQA COMPLIANCE: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Additions to structures that are less than 50% of the existing building qualify provided there is no expansion of use. The proposed addition is approximately 33% of the existing residence and the residential density remains unchanged. ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _approving Variance No. VA2011 -010 ITEM NO. 4 Beach Coin Laundromat Amendments (PA2011 -209) 200 30th Street SUMMARY: The property owner seeks to continue the nonconforming commercial use of the subject property by requesting the following amendments: 1) General Plan Amendment to change the land use designation from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), 2) Coastal Land Use Plan Amendment to change the designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A), and 3) Zoning Code Amendment to change the zoning designation from Two -Unit Residential (R -2) to the Commercial Visitor - Serving (CV). No change in land use or new 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; therefore, the project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). ACTION: 1) Conduct a public hearing; and 2) Adopt Resolution No. _ recommending City Council approval of • General Plan Amendment No. GP2011 -010, • Local Coastal Plan Amendment No. LC2011 -006, and • Code Amendment No. CA2011 -013. ITEM NO. 5 Alternative Setback Determination (PA2012 -001) 1702 Park Avenue SUMMARY: The applicant is requesting an alternative setback determination for property located at 1702 Park Avenue to accommodate redevelopment of the site. The applicant is requesting that the following setbacks be established: o Front (Along Park Avenue) — 6 feet o Sides — 3 feet o Rear (Opposite Park Avenue) — 3 feet CEQA COMPLIANCE: The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent ( %), which do not result in any changes in land use or density, including but not limited to: minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcel. The Alternative Setback Determination does not constitute a major change which would require environmental review. ACTION: 1) Conduct a public hearing; and 2) Approve Alternative Setback No. SA2012 -001 to establish the following setbacks: 0 Front (Along Park Avenue) — 6 feet Sides — 3 feet Rear (Opposite Park Avenue) — 5 feet H. NEW BUSINESS I. 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