HomeMy WebLinkAbout15 - Planning Commission Agenda - 10-7-04CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
October 12, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patricia Temple, Planning Director
SUBJECT: Planning Commission Agenda —October 7, 2004
Report of the actions of the Planning Commission Meeting:
Item 1: The minutes of September 23, 2004 were approved. (5 Ayes, 1 Excused)
Item 2: Appeal of the determination of grade for the Sweeney residence (PA2004-
206) at 401 -403 Heliotrope Avenue was continued to October 21St at the
request of the appellant. (5 Ayes, 1 Excused)
Item 3. Condominium Conversion No. 2004 -014, Newport Tract Map No. 2004-
002 and Coastal Residential Development Permit No. 2004 -001 (PA2004-
137) at 329 Marguerite Avenue were modified and approved, and is
subject to appeal or call up by the City Council. (3 Ayes, 2 No, 1 Excused)
This application is for an existing 7 unit apartment complex at the corner of
Marguerite Avenue and Bayside Drive in Corona del Mar, and this
consideration was continued from September 21St after the Planning
Commission expressed concerns about the condominium conversion
having the effect of preserving a project with many significant non -
conformities, including density and parking.
Staff returned with additional analysis requested by the Planning
Commission on the provisions of the Subdivision Code, which revealed
that there may have been the inclusion of language creating a
consequence not discussed or intended when the comprehensive
revisions were adopted in 2001. Although the provision could be read in
two ways, it could be read as not allowing conversion for any development
with any non - conformities other than parking. This would mean that any
building with setback, height, density, floor area or any other non-
conformity would not be able to convert. This is not consistent with the
Code and its administration since 1994, when the condominium
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Planning Commission Agenda
October 7, 2004
Page 2
conversion regulations were relaxed to allow conversions much more
easily. These changes were done largely to allow increased home
ownership in the West Newport area, although they were applied city-
wide. At the request of staff, the Commission determined that the existing
method of administering the Code is the appropriate one, but thought that
this provision should be changed to make it clearer.
Regarding the proposed condominium conversion itself, the applicant
showed extensive exterior improvements to the property not previously
proposed which would totally renovate and upgrade the exterior of the
buildings and property. These include re- facing both buildings with
enhanced stucco and masonry, embellished parapet structures to mask
the low pitched roofs, all new windows, doors and wrought iron rails on
exterior stairs and balconies, and window surrounds to create enhanced
building articulation. Also now proposed are garage doors on the seven
carports on Bayside Drive. The applicant also agreed to make several
public works improvements, including new curb, gutter and sidewalks
around the whole property, undergrounding of utilities, dedication of a
corner radius at the corner, and creation of a handicap ramp at the corner.
Discussion of the Commission focused on whether the greatly enhanced
project balanced the on -going concerns about the preservation of the
existing non - conformities, and whether those non - conformities were
detrimental to the surrounding neighborhood and the City. After
discussion, the Planning Commission voted to approve the project by a
vote of 3 Ayes, 2 Noes.
Item 4: Variance No. 2004 -001 and Modification Permit No. 2004 -053 (PA2004-
155) for the Simpkins residence at 520 Larkspur Avenue were modified
and approved, and subject to appeal and call up by the City Council. (5
Ayes, 1 Excused)
This variance is to allow more floor area for the project than strict
application of the Zoning Code would allow. The reason for the variance is
due to the small size of the lot (a half of a regular Corona del Mar lot) and
the required setbacks, which are larger than those normally imposed in
Corona del Mar. The applicant's request was for a home of 2,472 square
feet, including a 564 square foot basement. Staffs analysis showed that
this proposal resulted in floor area to land area ratio of 1.230, which is
more than the 0.946 typical in the area, and other variances granted on
similar half lots nearby, which range from 0.946 to 1.074. Staffs
recommendation was to eliminate the square footage represented by the
basement (564 square feet), bringing the ratio to 0.977.
Planning Commission Agenda
October 7, 2004
Page 3
The applicant and her representatives argued to the Commission that the
request should be approved because the square footage in question was
completely below ground, and would not be visible or increase the bulk of
the building. They also argued that the provision of two enclosed parking
spaces inordinately reduced the available living area. The Commission,
however, was concerned that granting a request so much larger than
others which the City has approved would constitute the granting of a
special privilege to this property. Because of this, the variance was
approved allowing a maximum floor area of 1,964 square feet through the
elimination of the basement area.
Item 5: Zotavich Fence (PA2004 -183) was continued to October 21St at the
request of the appellant. (5 Ayes, 1 Excused)
Prepared and submitted by:
aL-CiLZMPL
Patricia Temple, Planning Director
Agenda Item No. 15
October 12, 2004
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers - 3300 Newport Boulevard
October 7, 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) 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 regular meeting of September 23, 2004.
ACTION: Approve as written and order filed.
HEARING ITEMS:
ITEM NO. 2.
SUBJECT Sweeney residence appeal (PA2004 -206)
401 -403 Heliotrope Avenue
SUMMARY: Appeal of the Planning Director's determination of grade for the purpose of
measuring structure height
ACTION: Staff recommends that the Planning Commission deny the appeal and uphold the
Planning Director's determination of grade.
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS 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 forsummation.)
ITEM NO. 3.
SUBJECT: Espinoza Condo Conversion and Tract Map (PA2004 -137)
329 Marguerite Avenue
SUMMARY: The Condominium Conversion and Tentative Tract Map relate to the conversion of
an existing 7 unit apartment building to condominiums for the purpose of individual
sale. The Coastal Residential Development Permit Application relates to compliance
with affordable housing regulations applicable within the Coastal Zone.
ACTION: Staff recommends that the Planning Commission approve Condominium
Conversion No. 2004 -014, Newport Tract Map No. 2004002 & Coastal Residential
Development Permit No. 2004001, subject to the findings and conditions of
approval within the draft resolution.
ITEM NO. 4.
SUBJECT: Simpkins Residence (PA2004 -155)
520 Larkspur Avenue
SUMMARY: The application requests a Variance approval to allow the construction of a two -
story single - family residence with a basement level to exceed the established floor
area limit and a Modification Permit for a rear yard setback encroachment.
ACTION: Staff recommends that the Planning Commission approve Variance No. 2004 -001
and Modification Permit No. 2004 -053 subject to the findings and conditions of
approval within the draft resolution.
ITEM NO. 5.
SUBJECT Zotavich Fence (PA2004 -183)
4621 Perham Road
SUMMARY: Appeal of the Modifications Committee's decision to require a 5 -foot, 6 -inch high
wrought -iron pool - protection fence with a 6 -foot high gate, proposed to be located
within the 30 -foot front yard setback adjacent to Camden Drive, to be set back a
minimum of 5 -feet from the property line. The applicant requests approval to allow
the pool protection fence to be constructed on the property line. The pool- protection
fence is required by the Building Code for a proposed spa.
ACTION: Applicant has requested that this item be continued to October 21, 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