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HomeMy WebLinkAbout10 - Attachment CC5 - PC MinutesExcerpt of Planning Commission Minutes, dated April i, 2011 ATTACHMENT No. a¢ ,, `� Jar yr L. 5 72 NEWPORT BEACH PLANNING COMMISSION MI {V(r. Miller stated that he agreed with staffs recommendation. PubbMh mment period was opened. FILE No public co ents. Public comment pe ' d was closed. Motion made by Commi sip\ner Hillgren and seconded by Commissioner UmWorth, to adopt a resolution recommending City Council approval of Planned Community Development Plan Amendment No. PD2011 -001 and Code Amendmdnt No. CA2011- 004 with the following modifications: • Modify the Resolution with the addo6 n.of, "The square footage numbers indicated for each block in Table 2 (Development Li rri Wof the PC -56 Development Plan may not be current or correct due to allowabk transfers of development rights under the Development Agreement feral Plan, d PC -56 Development Plan. The square footage numbers F na not and are no ing increased by this application as the developmemits are regulated by the eral Plan." • Addition of Amendment that was presented, page 14 of the orth Newport Center Planned 9of6munity Development Plan was updated and as it was made nsistent with Section IIB, "Table 2 — Developmeon �Liis" page 1 3. Motion carri with the following vote: Ayes: , -' Eaton, Unsworth, McDaniel, Amen, Toerge and Hillgren No None ., ecusals: Hawkins SUBJECT: West Newport Amendments — (PA2010 -182, PA2010 -190, and PA2011 -014) ITEM NO.3 6904, 6908 -6936, and 6480 West Coast Highway PA2010 -182, PA2010 -190, Commissioner Hawkins returned to join the meeting. AND Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change PA2011 -014 the designations of three properties from Two -Unit Residential (RT and RT -E) to Visitor Approved Serving Commercial (CV) or Mixed Use- Vertical (MU -V) land use designations. The amendments were initiated by the property owners who are seeking to continue the existing nonconforming commercial use of their properties. All three properties are currently developed with commercial and mixed -use buildings, and no new land use or development is proposed at this time. Javier Garcia, Senior Planner, gave a brief overview of the staff report with a PowerPoint presentation. He mentioned that the original recommendation was to change all three properties to Visitor Servicing Commercial (CV), but that General Commercial (CG) is more appropriate for 6480 West Coast Highway, even though the applicants proposed Mixed Use - Vertical (MU -V). Commissioner Hawkins asked as to the reason of the change in decision of not going forth with the Mixed Use - Vertical (MU -V) land use designation. Acting Planning Director, Jim Campbell, responded that the reason for the recommendation of General Commercial (CG) is that it would allow for a broader list of uses thereby achieving the goal of the applicant to protect, preserve, and continue the existing commercial and residential uses. Commissioner Hawkins also disagreed with staffs assessment of the aesthetics of the Frog House. Chairperson McDaniel stated that in addition to considering the applicants' requests, there was a need to look at the long -term needs of the City as well. Page 3 01"63 NEWPORT BEACH PLANNING COMMISSION MINUTES 04107/2011 A discussion ensued regarding the development feasibility of the three properties to be pursuant to the Mixed Use - Vertical (MU -V) land use designation standards. Mr. Garcia noted that for the Kennard Property (6480 West Coast Highway) it would prove challenging as a mixed -used development as it would require nine (9) parking spaces, which would be difficult to provide. Therefore, the CG (General Commercial) would be staffs recommendation for this property. Paul K. Watkins of Watkins, Blakely, & Torgerson, LLP, representing The National Cat Protection Society stated that the Mixed Use - Vertical (MU -V) land use designation would not work as it would preclude the organization from providing basic veterinarian services and boarding of cats. Mr. Campbell clarified that there would be no issue as it would fall under the legal non - conforming use Chapter of the Zoning Code and therefore would not be subject to abatement and there would be limits to any expansion. He added that som e modifications to the property would be acceptable. Commissioner Eaton asked as to the constraints that the Public Notice placed on the Planning Commission's ability to change the zoning. It was determined that the Commission is not limited to the zoning mentioned exclusively in the Public Notice and any recommendation that the Commission deems acceptable can be made to the City Council. In response to a question from Commissioner Eaton regarding noise impacts, Mr. Campbell noted hat the interior impact of traffic noise from West Coast Highway would be mitigated by a sound wall barrier and also by triple -paned windows meeting the minimum standards for residential properties. Mr. Watkins, representing The National Cat Protection Society, was satisfied with either Mixed Use - Vertical (MU -V), General Commercial (CG), or Visitor Serving Commercial (CV) as long as there was assurance from Mr. Campbell that there would be not any abatement. Mr. Campbell reiterated there would be no abatement for a continuation of this use under the legal non - conforming use Chapter of the Zoning Code- T.K. Brimer, Owner of the Frog House, would like for his properties to continue business use as well as retain residential use. He requested that his property be designated Mixed Use - Vertical (MU -V). Commissioner Hawkins asked if Mr. Brimer and Mr. Watkins were prepared for the risk involved with the Mixed Use - Vertical (MU -V) before the Coastal Commission; the other alternative is Visitor Serving Commercial (CV) that would likely not pose a concern for the Coastal Commission. In response, Mr. Brimer stated that he was prepared for that risk. Mr. Watkins stated that whatever poses less risk before the Coastal Commission. and if it is Visitor Serving Commercial (CV), that is preferred. The proprietor of the National Cat Protection Society indicated that he was fine with that risk. Commissioner Toerge clarified the differences of the three zoning options for Mr. Watkins and mentioned that if there was an intent to modify, then Mixed Use - Vertical (MU -V) or Visitor Serving Commercial (CV), would not allow present use and would be subject to restrictions; however, if there was no intent to modify the existing use then Mixed Use - Vertical (MU -V) or General Commercial (CG) were viable options to consider. As a result, Mr. Watkins stated that the preference was that of Mixed Use - Vertical (MU -V). Public comment period was opened. George Lesley, a resident of Newport Beach, asked how the noise impact would be mitigated for the residential part of the mixed -use development. Commissioner Hawkins stated that the zone is currently residential and that the noise impact would be mitigated by insulation and triple -paned windows. Page 4 oP534 NEWPORT BEACH PLANNING COMMISSION MINUTES 04/07/2011 Public comment period was closed. Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, to adopt a resolution recommending the City Council approve amendments to the Land Use Element of the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designations from Two -Unit Residential to Mixed -Use Vertical (MU -V) for properties located at 6904, and 6908 -6936 West Coast Highway (PA2010 -182, and PA2011 -014); and to Commercial General (CG) for the property located at 6480 West Coast Highway (PA2010 -190) with the following modifications: • Addition of the fallowing Finding to the Resolution: "The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (established the current National Cat Protection Society use as a cat care and boarding facility), are legal nonconforming uses and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38)." • In addition, the changes amending the Resolution and Exhibits reflecting the motion made. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge and Hillgren Noes: None STAFF AND COMMISSIONER ITEMS -`- Planning Director's report: ITEM NO. 4� City Council approved: o Use - Permit for Crow Burger o Santanella Terrace Amendment • City Co cil received and filed: o General Plan Progress Report • City Council a led MOU to proceed with the Rhine Channel clean-up begin in August. • A permanent Community De_ velopment Director will b� ed in the coming weeks. \\ • Malarky's application has been appealed by Councftmember Hill and is to be heard at the April 26, 2011, City Coun ' Meeting. • Councilmember Curry appealed Broadmo r`s'et -back determination and will be heard at the May 10, 2011, City Counci eeting. • In -Lieu Parking, Review Authorit, r Alcohol related Minor Use Permits, and Appeal Fees recommendationsr will be before the Council on a future agenda. Planning Commission reports �,_� `� ITEM NO. 5 Announcements on mattefs that Commission members would like placed one future agenda for discussion ITEM NO. 6 action, or report. - None Requests for used absences — Commissioner Toerge and Commissioner Amem, ITEM UT NO. 7 requested to a excused from the April 21, 2011 Planning Commission Meeting. \ ADJOURNMENT: 8:04 p.m. MICHAEL TOE RGE, SECRETARY �\ ,CITY OF NEWPORT BEACH PLANNING COMMISSION \ Page 5 of�J5 70