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HomeMy WebLinkAbout05/20/2010CITY OF NEWPORT BEACH Planning Commission Minutes May 20, 2010 Regular Meeting — 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren — present STAFF PRESENT: David Lepo, Planning Director Patrick J. Alford, Planning Manager Leonie Mulvihill, Acting City Attorney Russell Bunim, Assistant Planner Melinda Whelan, Assistant Planner Ruby Garciamay, Department Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was posted on May 13, 2010. PUBLIC COMMENTS: Terry Welsh, President of Banning Ranch Conservancy and Chairperson of the Sierra Club Banning Ranch Park and Preserve Task Force commented on Banning Ranch. REQUEST FOR CONTINUANCES ITEM NO. 4 Newport Bay Marina - 2300 Newport Boulevard — PA2001 -210 Item No. 4 was continued from April 22, 2010 Planning Commission meeting. Staff requested item be continued to the next regularly scheduled meeting of June 17, 2010; however, the Planning Commission recommended the item be removed from calendar until the applicant has submitted an adequate Construction Traffic Management and Control Plan and a Parking Management Plan. Motion made by Commissioner McDaniel, seconded by Commissioner Hillgren, after discussion, to remove Item No. 4 from calendar. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None CONSENT ITEMS NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 SUBJECT: MINUTES of the regular meeting of April 22, 2010. ITEM NO. 1 Motion was made by Commissioner Hillgren, seconded by Commissioner Continued to Unsworth, to amend the April 22, 2010 minutes and continue to June 3, 2010. June 3, 2010 Motion carried with the following vote: Ayes: I Eaton, Unsworth, Peotter, Hawkins, Toerge, and Hillgren Abstained: McDaniel PUBLIC HEARING ITEMS SUBJECT: D'Ambrosia Residence (PA2010 -017) ITEM NO. 2 1500 Serenade Terrace PA2010 -017 Continued A code amendment to change the front -yard setback established on from April 22, Districting Map No. 24 from 38 feet to 16 feet. 2010 Russell Bunim, Assistant Planner, presented the staff report with a slide show Approved presentation. Public comment was opened. Matt D'Ambrosia, applicant and owner, presented slide show and made comments. Comments in support were given by the following: • Mark Teale, architect • Joseph A. Solvoso II, resident on Serenade Terrace and President of Irvine Terrace Community Association Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Hillgren, to adopt a resolution recommending City Council adoption of Code Amendment No. CA2010 -002 to revise Districting Map No. 24 to establish a 16 -foot front -yard setback at 1500 Serenade Terrace. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Page 2of5 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 SUBJECT: Cliff Drive Appeal (PA2009 -149) ITEM NO. 3 2949 Cliff Drive PA2009 -149 An appeal of the Zoning Administrator's decision to deny Approved Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required setbacks: up to 1 foot into the 4 -foot side yard setback for a 10- foot -10- inch -high portion of an outdoor room; up to 5 feet 4 inches into the 10 -foot rear yard setback for an 11- foot -3- inch -high portion of an outdoor room; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. Melinda Whelan, Assistant Planner, presented the staff report with a slide show presentation. Public comment was opened. Deirdre Oshea, representative for applicant and owner, made comments and distributed hard copies of applicants statement of required findings to the Commissioners. Public comment was closed. Motion made by Commissioner McDaniel, seconded by Commissioner Peotter, to deny the appeal and uphold and affirm the decision of the Zoning Administrator and deny Modification No. MD2009 -030, subject to the findings included within the draft resolution. Substitute motion made by Chairperson Hawkins, seconded by Commissioner Unsworth, to deny the appeal in connection with the upper /larger encroachment for 29 lineal feet into the rear yard setback and affirm the appeal for the smaller encroachment for 22 lineal feet into the side yard setback. Substitute motion failed with the following vote: Noes: Eaton, Peotter, Unsworth, Hawkins, McDaniel, Toerge, and Hillgren Ayes: None Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Page 3 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 NEW BUSINESS: SUBJECT: Newport Bay Marina— PA2001 -210 ITEM NO. 4 2300 Newport Boulevard PA2001 -210 Review and approval of a Construction Traffic Management and Removed Control Plan and a Parking Management Plan for the Newport Bay from Marina project. Calendar Irvine Terrace Front Yard Setbacks ITEM NO. 5 Motion made by Commissioner Toerge, seconded by Commissioner Hillgren, to not consider this item for further discussion and remove from calendar. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None City Council Follow -up — David Lepo noted there were no discussions made ITEM NO. 6 related to the Planning Commission at the City Council meeting and made reference to a second reading on the amendment of the subdivision code to include the inclusionary housing provisions and stated the three phases for Marina Park EIR were approved. Planning Commission reports — Chairman Hawkins reported that the Economic ITEM NO. 7 Development Committee meeting was held on May 19, 2010 and the draft zoning code update was discussed by staff. Announcements on matters that Commission members would like placed on a ITEM NO. 8 future agenda for discussion, action, or report. • Commissioner Hillgren asked how the housing development and retaining wall built on hill along Dover Drive off of Coast Highway was approved. Mr. Lepo explained that the project plans were approved in 2006 prior to the General Plan and interim design standards being adopted. • Commissioner Toerge stated that parking agreement could not be met for Roses Bakery and asked if the Commission could recall this item that was approved on March 4, 2010 to see if another solution could be presented. Mr. Lepo informed the Commission that the applicant had been advised that another application would have to be submitted for Planning Commission review of another parking management plan. • Commissioner Toerge and Commissioner Hawkins requested that additional consideration to revise the Rules and Procedures of the Planning Commission be made and to refer to the Roberts Rules of Order handbook as guidance. Page 4 of 5 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 Requests for excused absences — None I ITEM NO. 9 ADJOURNMENT: 8:05 p.m. CHARLES UNSWORTH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 5 of 5