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HomeMy WebLinkAbout23 - Planning Commission Agenda - 05-20-2004NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard May 20, 2004 Agenda Item 23 May 25, 2004 CALL TO ORDER 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: 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 1B) 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. SUBJECT: Minutes of the adjourned and regular meeting of April 22, 2004. ACTION: Approve as written and order filed. ITEM NO. 2. SUBJECT: Mariner's Mile Code Amendment initiation (PA2004 -104) SUMMARY: An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related to landscape requirements. ACTION: Adopt a resolution initiating Code Amendment No. 2004 -006. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION 1S 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 speaker has one minute left for summation.) HEARING ITEMS: ITEM NO. 3. SUBJECT: Group Homes in Residential Zones (PA2004 -102) SUMMARY: The proposed amendment will establish new definitions applicable to group homes and amends where and how group homes may locate and operate within residential zones. ACTION: Conduct the public hearing and recommend approval of Code Amendment No. 2004005 to the City Council. ITEM NO. 4. SUBJECT: Ozumo Restaurant (PA2004 -045) 849 Newport Center Drive SUMMARY: This is a request for the approval of a Use Permit to allow a permitted restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcoholic Beverage License. ACTION: Conduct the public hearing and adopt a resolution approving Use Permit No. 2004- 007. ITEM NO. 5. SUBJECT: Harrington Residence (PA2004 -051) SUMMARY: Appeal of the Modifications Committee's approval of Modification Permit No. 2004- 020 to allow the encroachment of a free - standing fireplace in the rear setback and consideration of an encroachment of a built -in barbeque unit in the rear and side yard setbacks. ACTION: Conduct the public hearing and adopt a resolution denying the appeal and approving the additional encroachment of the built -in barbeque. ITEM NO. 6. SUBJECT: Corporate Plaza PC Text Amendment (PA2004 -073) SUMMARY: Proposed amendment to the Corporate Plaza Planned Community Development Plan to clarify the "Permitted Uses" section related to medical office uses and to amend the parking regulations to make them consistent with the parking pool regulations specified in Title 20 of the Municipal Code. ACTION: Conduct the public hearing and adopt a resolution recommending to the City Council approval of Planned Community Development Plan Amendment No. 2004 -002. ITEM NO. T. SUBJECT St. Andrews Presbyterian Church Expansion (PA2002 -265) General Plan Amendment, Zone Change & Use Permit 600 St. Andrews Road SUMMARY: Request for a General Plan Amendment, Zone Change and Use Permit for the replacement and construction of additional buildings and a below grade parking garage. The General Plan Amendment involves an increase the maximum allowable building area with no change to the existing land use designation. The Zone Change would change the zoning district from R -2 & R -1 to GEIF to be consistent with the existing General Plan, Land Use Element designation. The Use Permit involves the alteration of existing buildings, replacement of the existing fellowship hall and classroom building and the construction of a new multi - purpose gymnasium and youth center. The Use Permit also considers setting the maximum allowable building height of 40 feet for the two proposed buildings. ACTION: Conduct the public hearing and continue the item to June 3, 2004. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Oral report from Planning Commission's representative to the Economic Development Committee - c) Report from Planning Commission's representatives to the General Plan Update 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) Status Reports on Planning Commission requests - g) Project status - h) Requests for excused absences - ADJOURNMENT CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 23 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple, Planning Director 949 - 644 -3228; ptemple @city.newport - beach.ca.us SUBJECT: Planning Commission Agenda— May 20, 2004 Report of the actions of the Planning Commission Meeting: Item 1: The minutes of May 6, 2004 were amended and approved. (All Ayes) Item 2: Mariner's Mile Code Amendment resolution of intent was adopted and will be scheduled for public hearing before the Planning Commission. (All Ayes) Proposed are changes to the required landscape elements in the Mariners Mile design framework overlay zone. Consideration will be given to expanding the variety of plant species called for in the area, as well as an evaluation of the number and spacing of palm tree elements. Item 3: Code Amendment No. 2004 -005 (PA2004 -102) regarding Recovery Facilities in Residential Zones was continued to June 17, 2004. (All Ayes) This was the first public hearing on proposed amendments to the zoning code to change the definitions of family and single family dwelling, and to establish a process to grant reasonable accommodation for recovery facilities in residential districts. Testimony was received in support of and opposed to the establishment of recovery facilities in residential areas, with little consensus as to whether the proposed code amendments further either position. The Planning Commission asked staff to further research the issue and return with alternative language. Item 4: Use Permit No. 2004 -007 (PA2004 -045) regarding Ozumo Restaurant at 849 Newport Center Drive was approved and is subject to appeal or call up by the City Council. (All Ayes) This is a request to allow the service of alcoholic beverages in association with the establishment of a new restaurant within the Fashion Island Retail Shopping Mall. The Planning Commission approved the request with no comment. Plan ni nc: shared -plann ingcommis Sion- pcagendarpt Planning Commission Agenda May 25, 2004 Page 2 Item 5: An appeal of the decision of the Modification Committee's approval of Modification Permit No. 2004 -020 (PA2004 -051), for the Harrington residence at 1931 Port Laurent Place. The Planning Commission overruled the Modification Committee and approved the project as requested by the property owner. (4 Ayes, 3 Noes) The Modification Committee approved the construction of a freestanding backyard fireplace to encroach 5 feet into a required 10 foot rear yard setback, and limited it to 8 feet in height. After hearing testimony, the Planning Commission determined that the requested encroachment of 7.5 feet into the setback and a fireplace height of 9 feet measured from the first finished floor level of the existing residence was not detrimental to the neighborhood due to the grade differential between the subject site and the adjoining property to the rear and the unique location of the property adjoining a large greenbelt. Item 6: Planned Community Development Plan Amendment No. 2004 -002, Corporate Plaza, was recommended for approval to the City Council and will be schedule for public hearing at the Council meeting of June 8, 2004. (5 Ayes, 2 Noes) This amendment is to make technical amendments to the Corporate Plaza Planned Community District Regulations to place all land use regulations in the appropriate location within the text to allow consistent administration. Also included is a slight reallocation of the permitted medical office uses within the Planned Community to account for medical office projects currently in plan check. While the majority of the Commission believed the changes to be minor in nature, some Commissioners disagreed with the allocation of the medical office uses. Item 7: General Plan Amendment, Zone Change and Use Permit for St. Andrews Presbyterian Church Expansion (PA2002 -265) were continued to June 3, 2004. (All Ayes) These applications are for the proposed expansion of the existing St. Andrew's Presbyterian Church. The expansion involves the demolition and reconstruction of two of the existing building on the campus to provide enhanced facilities for the fellowship hall and Youth and Family Ministries. The project is extremely controversial, and an overflow crowd participated in the hearing. Testimony in favor of the project focused on the value of the services provided and the benefit to the community of adding more parking spaces to the site. Testimony in opposition focused on traffic, noise, land use compatibility and parking. The Commission requested Planning Commission Agenda May 25, 2004 Page 3 additional information from staff and continued the matter to their next meeting. Prepared and submitted by: P Patricia Temple, Planning Director