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HomeMy WebLinkAbout02/09/1995COMMISSIONERS P r Mo Ay Ab 4 9 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: February 9, 1995 MINUTES ROLL CALL INDEX esent * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Bob Burnham, City Attorney William R. Laycock, Current Planning Manager Patty Temple, Advance Planning Manager Don Webb, Public Works Director Dee Edwards, Secretary Minutes of January 19, 1995 Minutes r of 1/19/ " tion * Motion was made and voted on to approve the January 19, es * * * * 1995, Planning Commission Minutes. MOTION CARRIED. stain Public Comments: public Comments Conunissioner Ridgeway welcomed newly elected Planning Commissioners Mitchell Brown and Michael Kranzley to the Planning Commission. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Commission Agenda Agenda was posted on Friday, February 3, 1995, in front of City Hall. 95 COMMISSIONERS S 9oC F9919a CITY OF NEWPORT BEACH M A A MINUTES ROLL INDEX CALL I Request for Continuances: R Request for Cont. James Hewicker, Planning Director, stated that the applicant, California Restaurant Ent. requested that Item No. 1, Use Permit No. 3544, regarding a take -out restaurant located at 1614 San Miguel Drive, be continued to f furt the Planning Commission meeting of February 23, 1995. He her stated that Item No. 5, regarding Pacific View Memorial Park, is scheduled to be on the February 23, 1995, Planning Commission Agenda due to a defect in otion * * o the public notification. Use Permit No. 3544 {Continued Public Hearing) s stem No.1 Request to permit the establishment of a take -out restaurant with incidental U UP3544 seating and on -sale beer and wine on property located in the RSC -H District. The proposal also includes a request to waive a portion of the C Cont' d to 2/23/95 ' r required off-street parking spaces. APPLICANT: California Restaurant Ent., Newport Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, stated that the applicant requested that this item be continued to the Planning Commission meeting of February 23, 1995, in order to allow additional time for the completion of a parking study analysis on the subject property. COMMISSIONERS C 4 CITY OF NEWPORT BEACH MINUTES ROLL INDEX CALL Use Permit No. 3 548 (Public Hearing) item No. , Request to permit the construction of a second dwelling unit (Granny Unit) UP3548 on property located in the R I District in accordance with Chapter 20.78 of Approved the Municipal Code that permits a second dwelling unit if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to permit a portion of the structure to encroach 4 feet into the required 10 foot rear yard setback. LOCATION: Lot 8, Tract No. 1188, located at 2318 Laurel Place, at the northwesterly terminus of Laurel Place, northwesterly of Irvine Avenue, in Newport Heights. ZONE: R -1 ' APPLICANT: David Pedersen, Newport Beach OWNERS: David and Nancy Pedersen, Newport Beach The public hearing was opened in connection with this item, and Mr. David Pedersen, applicant, appeared before the Planning Commission. Mr. Pedersen concurred with the findings and conditions in Exhibit "N'. In response to a question posed by Commissioner Brown, Mr. Pedersen explained that the existing garage was converted to a nonconfomung use prior to when the Pedersens purchased the property. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that the Zoning Code allows more than one accessory structure on the property in addition to the main building. -3- COMMISSIONERS • A. 4 4 A-k���%09� 2 CITY OF NEWPORT BEACH MINUTES v- 1- -. ---- n I nnc ROLL CALL INDEX Aion * Motion was made and voted on to approve Use Permit No. 3548, subject Ll Ayes to the findings and conditions in Bdiibit "A ". MOTION CARRIED Fina 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. The approval of Use Permit No. 3548 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the proposed rear yard setback encroachment is a reasonable ' design solution for the irregularly shaped lot. 5. That the establishment, maintenance of operation of the use of the property or proposed building will not, under the circumstances of this case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and will not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and fiuther that the proposed modification to permit a portion of the proposed structure to encroach 4 feet into the required 10 foot rear yard setback on the irregularly- shaped lot is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the second dwelling unit shall be limited to the use of one or two persons over the age of 60 years. ' -4- COMMISSIONERS 0 - 9,A� -cam MINUTES CITY OF NEWPORT BEACH ROLL CALL I INDEX 3. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicants and successors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permitted and successors to comply with current ordinances regarding Granny Units. Said covenant shall also contain all conditions of approval imposed by the Planning Commission or the City Council. 4. Commencing with the final inspection of the granny unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this approval to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the COMMISSIONERS 4 4 ��9'�ry�To90 CITY OF NEWPORT BEACH MINUTES reel lary Y, t VW ROLL CALL INDEX Variance No. 1202 (Public Heating) Item No. 3 Request to permit the construction of a single famil y dwelling on property V1202 located in the MFR (2178) District which exceeds the allowable 15 times coat' a the buildable area of the site. The ro osed development provides the P P P P to 4/6/95 required amount of open space, but the location of the open space does not meet Ordinance requirements. The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 10 feet into the required 10 foot front yard setback adjacent to the abandoned Carnation Avenue right -of -way as established by Districting Map No. 17, and to encroach 6 feet into the required 10 foot rear yard setbacks. Said construction also proposes to extend beyond the original lot he adjacent to the vacated portion of Carnation Avenue, so as to encroach 16 inches -+ with a roof overhang, and three retaining walls which encroach 3 to 12 feet into said abandoned right -of -way. The application also includes a modification to permit an entry stairway which will also extend 10 feet beyond the original lot line adjacent to the vacated portion of Carnation Avenue and will measure 4 feet above natural grade where the Zoning Code limits such construction to a maximum height of 3 feet. LOCATION: A portion of Block "D ", Corona del Mar, and a portion of Carnation Avenue (vacated), located at 319 Carnation Avenue, southerly of Bayside Drive and westerly of the midline of the vacated extension of Carnation Avenue, in Corona del Mar. ZONE: MFR (2178) APPLICANT: Robert Losey, Irvine OWNER: Same as applicant James Hewicker, Planning Director, stated that Variance No. 1178 regarding the subject property was previously approved (5 Ayes, 2 Noes) by the Planning Commission on January 9, 1992. The property is located at the end of Carnation Avenue on a steep lot above Carnation Avenue and Bayside Drive. He pointed out that the adjacent property owners continue to be concerned that their views would be impacted by the subject -6- COMMISSIONERS • 9i A � �F y�o9o� CITY OF NEWPORT BEACH MINUTES Febwa-0 100; ROLL I INDEX dwelling. He addressed the photographs that were taken of the story poles when the variance was previously considered by the Planning Commission, and the letters of opposition that were previously distributed to the Planning Commission prior to the subject public hearing. Mr. Hewicker stated that a letter of opposition was also submitted to the Planning Commission from Mr. and Mrs. Crispin, property owners of 707 Begonia Avenue, prior to the subject public hearing. In response to comments by Commissioner Ridgeway concerning Carnation Avenue, Director Hewicker explained that the Carnation Avenue right -of -way that goes through to Bayside Drive was abandoned by the Board of Supervisors many years ago. Carnation Avenue is physically not an improved street on the bluff, however, the property lines go to the center of the street. In response to questions posed by Commissioner Di Sano, Commissioner Ridgeway, and Chairman Gifford, Mr. Burnham explained that in the case of quasi-judicial proceedings such as variances and use permits where the ' o Planning Commission is required to make an ultimate finding regarding the overall impact a project might have on the public welfare or property and improvements in the neighborhood, the Planning Commission may consider the issue of views from private property. In response to questions posed by Commissioner Brown, Director Hewicker explained that 10 foot front yard setbacks from the former right - of-way line on Carnation Avenue that are indicated on the Districting Map have been adhered to on several projects that were previously approved by the Planning Commission. He said that the steepness of the lot and the difficulty of constructing a building on the subject property could be considered in granting the subject variance, and he addressed the neighbors' concerns regarding the impact that the subject structure could have on their views. Director Hewicker pointed out that the subject building would not encroach into the required 10 foot front yard setback adjacent to Bayside Drive. He finther replied that the additional square footage would not increase the height of the structure and the addition would not obstruct views. Commissioner Brown and Director Hewicker discussed the location of a proposed balcony. COMMISSIONERS 0 <Vv X1°90 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Robert Losey, 424 Goldenrod Avenue, applicant; appeared before the Planning Commission. Mr. Losey concurred with the findings and conditions in Exhibit "A'. Mr. Losey discussed the location of the balcony, the additional 415 square feet , and the revisions that were made to the plan subsequent to when Variance No. 1178 was approved. In response to a question posed by Commissioner Di Sano, Mr. Losey stated that he would agree to continue the subject variance to allow additional time to erect story poles for the neighbors who are concerned with the project. Mr. Ross Billings, 314 Carnation Avenue, appeared before the Planning Commission. Mr. Billings expressed his concerns regarding the size of the proposed structure; the encroachments; his view would be impacted; and the economic viability to develop the property. In response to a question posed by Commissioner Ridgeway, Mr. Billings explained that his property ` is located on the bluff and across Carnation Avenue from the subject site. e When he purchased his property approximately two years ago, he reviewed his structure's plans with the City, and the plans indicate that the structure's caissons were built approximately 10 years ago. Commissioner Ridgeway concurred that the applicant would be required to contact the City regarding the stability of the area. In response to questions posed by Commissioner Pomeroy, Mr. Billings stated that he purchased his property after Variance No. 1178 was approved in 1992. Mr. John Garrett, 313 Carnation Avenue, President of the Homeowner's Association consisting of four condominiums, appeared before the Planning Commission. Mr. Garrett stated that the four property owners did not receive notice of the public hearing. The homeowners object to the project's encroachments into the neighborhood; the hillside and mudslide problems that could occur on the subject site; and that the front door of the structure located at 317 Carnation Avenue would face the back of the garage of the proposed structure. Commissioner Pomeroy pointed out that Carnation Avenue is not a public road; however, it is used as an access road to Mr. Garrett's property and the proposed setback is a continuation of the road. ' 8 COMMISSIONERS • 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Don Webb, Public Works Department, explained that there is a joint access easement that goes up and down the abandoned portion of Carnation Avenue from the guardrail to the public streets. In response to Mr. Garrett's concerns regarding public notification, Director Hewicker stated that there is no indication that public notices were mailed to the four property owners and if the variance is continued, public notices will be mailed to said property owners. Mr. Bertram Rowe, 407 Fernleaf Avenue, appeared before the Planning Commission. Mr. Rowe expressed his concerns regarding the impact that the project would have on their view, and the size of the proposed structure. Mr. Orestes Baez, 2518 Bayside Drive, appeared before the Planning Commission. He expressed his concerns that the view from his property would be obstructed by the proposed structure; that mudslides could occur from the hillside to Bayside Drive; and the size of the structure. In response to a question posed by Commissioner Pomeroy with respect to the impact that the additional 415 square feet would have on the neighbors, Mr. Baez and Director Hewicker referred to the plans and they described the location of the 415 square foot addition and the revision to the variance subsequent to when Variance No. 1178 was approved in 1992. Mr. Jeff Brown, 405 Dahlia Avenue, appeared before the Planning Commission. He expressed his concerns that the project would have an adverse affect on the neighborhood., and the precedent it would set in Corona del Mar. He stated that it was his understanding that the property was not a buildable site. Ms. Jennifer Pritchett, appeared before the Planning Commission on behalf of Mr. William Phalen, property owner of 317 Carnation Avenue. Ms. Pritchett read a letter from Mr. Phalen expressing his opposition to the project and any construction on the property inasmuch as it would cause a loss of value on his property. Construction on the property would cause a decrease in view, fight, ventilation, and privacy , and it would increase density. Ms. Pritchett described the close proximity of Mr. Phalen's front door to the subject property. ' 9 COMMISSIONERS F99��o90 CITY OF NEWPORT BEACH MINUTES ROLL CALL I INDEX Ms. Bea LaForce, 311 Carnation Avenue, appeared before the Planning Commission. She concurred with previous testimony objecting to the subject variance. She pointed out that she did not receive a public notice concerning the subject public hearing. Ms. Anne Hirsch, Dahlia Avenue, appeared before the Planning Commission to oppose the subject variance. She expressed concerns regarding the size of the proposed structure and the impact that it would have on the neighborhood.. Ms. Hirsch submitted a letter from Ms. Elsie R Gladden, 410 -1 /2 Dahlia Avenue, expressing her concern regarding the subject variance. Ms. Hirsch stated that she did not receive a public notice concerning the subject public hearing. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Ridgeway suggested that Variance No. 1202 be continued inasmuch as numerous property owners did not receive public notices concerning the public hearing. He recommended that story poles be erected on the property for the benefit of the residents. Commissioner Pomeroy stated that the purpose of a variance is to consider an unusual circumstance for an unusual lot, and the proposed development maintains a floor area to land area ratio less than permitted on a typical lot in the neighborhood. He opined that one property owner should not be given an advantage over another property owner. Commissioner Di Sano concurred with the aforementioned comments. He supported a continuance so as to give the applicant an opportunity to erect the story poles for the benefit of the neighborhood. Commissioner Kranzley supported a continuance and the suggestion to erect the story poles for the residents. Commissioner Brown supported the continuance and the story poles. He referred to Condition No. 9, Exhibit "A ", requesting two retaining walls and he suggested that the applicant come back with a design of the retaining walls and the proposed landscape plan. Commissioner Brown COMMISSIONERS 0 oc`c`i92lI sy 9: F`O Mc A: 4 CITY OF NEWPORT BEACH MINUTES 17- 11..1.,...0 100< ROLL 0 INDEX CALL addressed the feasibility of a geotechnical report. Mr. Losey reappeared before the Planning Commission, and he stated that he would submit a geological study or applicable documents to the Planning Commission. Mr. Losey stated that he would also be able to provide a retaining wall and landscaping design at the April 6,1995, Planning Commission meeting. Motion was made and voted on to continue Variance No. 1202 to the April 6, 1995, Planning Commission meeting so as to allow additional time for the applicant to erect story poles for the benefit of the neighbors, and to Ltion * submit retaining wall and landscaping designs to the Planning Commission. 1 Ayes MOTION CARRIED. sss Variance No. 1203 (Public Hearin el Item No. Request to permit the construction of a duplex on property located in the V1203 R -2 District which exceeds the 24 foot basic height limit in the 24/28 Foot ' Height Limitation District. Approved LOCATION: Parcel 2 of Parcel Map 91 -157 (Resubdivision No. 932), located at 3016 Breakers Drive, on the northeasterly side of Breakers Drive, in Corona del Mar. ZONE: R -2 APPLICANT: Kim Campbell, Corona del Mar OWNER: John Veenstra, Corona del Mar The public hearing was opened in connection with this item, and Mr. Kim Campbell, applicant appeared before the Planning Commission. Mr. Campbell concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. ' -11- COMMISSIONERS MC Al 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX tion * Motion was made and voted on to approve Variance No. 1203 subject to .1 Ayes the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: I. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district inasmuch 31 percent of the subject property maintains a slope 2:1 or greater which is significantly different than the other lots on the upland side of Ocean Boulevard. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed building is of comparable or lesser height to other buildings on the bluff side of Ocean ' Boulevard. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of the developer per Section 20.82.050 of the Municipal Code. " ' -12- COMMISSIONERS 4 4 9� �pvcT CTI'Y OF NEWPORT BEACH MINUTES ROLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, elevations and sections, except as noted below. 2. That the proposed construction shall be reduced in area so as not to exceed 1.5 times the buildable area of the site (6,310 ±sq. ft.). 3. That an easement be provided for pedestrian and vehicular ingress and egress for the common driveway prior to issuance of any building permits unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Ocean Boulevard right -of -way. 6. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 7. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the approved plans. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspections of rough framing. 8. That a barrier or railing be constructed at the top of any retaining walls higher than thirty (30) inches. -13- COMMISSIONERS 0 c<�y 'G� 09 qy q l F0O CITY OF NEWPORT BEACH MINUTES ROLL r INDEX CALL I 9. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 10. That a joint access easement shall be provided for the shared vehicular ingress and egress. 11. That the proposed development shall be provided with an automatic fire - sprinkler system) inasmuch as the structure exceeds 5,000 square feet in gross floor area. 12. That the applicant shall sign a waiver of all claims against the public for fixture liability or damage resulting from permission to build on the subject property. All required waiver documents shall be recorded with the County of Orange Recorder's Office. COMMISSIONERS • 9 �9� X90 O CITY OF NEWPORT BEACH MINUTES BOLL ;ALL INDEX consider an increase in square footage of mausoleums and support facilities in excess of 50,000 square feet; and the acceptance of an environmental document. AND B. Use Permit No. 3518 Request to approve a master plan of development for the ultimate build -out of the Pacific View Memorial Park, located on property in the R -3 -B and Unclassified Districts. The proposal includes: the establishment of four additional building sites which will be developed with future community mausoleum and garden crypt facilities; one building site for the future construction of family mausoleums facilities; the construction of a future maintenance building, a future garage and sales facilities; and the location of future road construction as part of the interior vehicular circulation of the park The proposal also includes a request to permit the continued use of a temporary building to be used in conjunction with the continuing sales activities. AND C. Site Plan Review No. 69 Request to establish grade on each of the proposed mausoleum and garden crypt building sites within the Pacific View Memorial Park property. LOCATION: Portions of Block 96 and 97, Irvine's Subdivision, located at 3500 Pacific View Drive, at the southeasterly terminus of Pacific View Drive, adjacent to the Harbor View Hills Planned Community. ZONES: R -3 -B and U APPLICANT: Pacific View Memorial Park, Glendale I -15- COMMISSIONERS 9A�-GT •�F� �y�o99 CITY OF NEWPORT BEACH 9 L�F60 L 4 MINUTES ROLL INDEX CALL OWNER: Pierce Brothers, Houston, Texas James Hewicker, Planning Director, stated that due to a defect in the public notification, the Planning Commission will review this matter at the February 23, 1995, Planning Commission meeting rss Amendment No. 813 item No., Request to consider amendments to Title 20 of the Newport Beach A813 Municipal Code pertaining to parking of automobiles, storage of Approved parking of boats, campers and trailers; and property maintenance on residential properties. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, stated that the Nuisance Abatement Section of the Municipal Code addresses several of the subject issues; however, it was recommended that several of the Sections be added to the Zoning Ordinance so the Code Enforcement Officers within the Planning Department would be able to enforce the regulations without going through the Nuisance procedure. Chairman Gifford requested a clarification of Section 20.10.050 D4, that would allow parking or storage of trailers, campers and boats only in side yard setbacks located behind the required front yard setback. Director Hev&ker said that the storage of trailers, campers and boats would not be permitted in front yard setbacks, including the required side yard setback located in the front yard area. In response to questions posed by Commissioner Ridgeway, Director Hewicker stated that a comer lot has an exterior side yard setback, interior side yard setback, and defined front and rear yard setbacks. Director Hewicker further replied that if there would be a violation to the Zoning Code, the property owner would be notified to correct the violation. In the event the property owner would not comply with the regulations, Bob Burnham, City Attorney, stated that the Ordinance would allow the City to -16- COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES ROLL INDEX CALL establish specific standards in the Zoning Code by way of a citation rather than go through lengthy Superior Court proceedings to get an injunction or lengthy nuisance abatement proceedings. The citation could be a misdemeanor violation or an infraction and each day that the violation would exist the violation of the Code would be a separate offense. In response to a question posed by Commissioner Adams, Director Hewicker concurred that the restrictions are no different than the current Nuisance Abatement restrictions and the subject Ordinance is only an enforcement issue. In response to a question posed by Commissioner Pomeroy, Director Hewicker replied that gravel would not be an approved parking surface. The public hearing was opened at this time. There being no one to appear and be heard, the public hearing was closed at this time. on * Motion was made and voted on to adopt Resolution No. 1382, and (R 1382) Ayes recommend to the City Council the adoption of Amendment No. 813. MOTION CARRIED. Amendment No. 817 (Public Hearing) Item No. Request to amend Chapter 20.69 of the Newport Beach Municipal Code A 817 which implements the provisions of California Government Code Section 65590, concerning low and moderate income housing within the Coastal Approved Zone; and Chapter Section 20.81.020 which delineates the powers and duties of the Modifications Committee, so as to establish provisions for the Modifications Committee to take action on condominium conversions that require a Coastal Residential Development Permit. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, stated that the subject amendment would give the Modifications Committee the same review authority that the Committee would have over condominium conversions for the ' -17- Mc A] 4 L COMMISSIONERS 10 T 9 �99s- Fo,90 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX structures that would require a Coastal Residential Development Permit within the Coastal Zone. He recommended that Section 20.69.070, Section 20.69.080, and Section 20.69.090 be amended to state 14 days rather than 21 days so as to be consistent with previous actions to streamline the permit process. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. tion * Motion was made and voted on to adopt Resolution No. 1383, and to (R 1383 1 Ayes recommend Amendment No. 817, as amended, to the City Council. MOTION CARRIED. General Plan Amendment 95 -1 Disc. if GPA 95- Request to initiate amendments to the Newport Beach General Plan, as ' follows: A.Ca1Tx A. CalTrans West/CalTrans Residual Parcel Initiat Request to amend the General Plan Land Use Element and the Local q Coastal Program, Land Use Plan to establish an area description for the Density Density Intensi residual parcel owned by the State Department of Transportation on the easterly side of Superior Avenue, and redesignating the site to Initiat Recreational and Environmental Open Space. In consideration for this designation, the residential development allocation for the CalTrans C.Comm. West site would be increased by 8 dwelling units to 160 du's, subject to Policy the same provisions as the existing entitlement. Initiat AND D. SanDi Creek r B. Revisions to Calculated Density and Intensity Policy Initiat Request to amend the General Plan Land Use Element and the Local E.Ebel] Coastal Program, Land Use Plan allowing the City Council to determine permitted residential density and commercial intensity based Initiat -18- 1 1 ansW ed to ty ed ed ego 0 ed Club ed COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL I INDEX on parcel size prior to right -of -way dedications or acquisitions, subject to specific findings of public benefit. AND C. Commercial Policy Request to amend the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to establish a policy to encourage commercial development and land uses in the City. AND D. San Diego Creek North Request to amend the General Plan Land Use Element and the Local COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commercial Policy would be one of the principles under which staff would prepare the next comprehensive update of the Land Use Element. She requested that the Planning Commission review the Commercial Policy in context with the other policies contained in the Land Use Element, and come back to staff with their recommendations prior to the public hearing. In response to a question posed by Commissioner Ridgeway, Ms. Temple replied that the Economic Development Committee, the Environmental Committee, and other interested parties would review the Commercial Policy prior to the public hearing. Commissioner Ridgeway and Ms.Temple discussed the strength of the proposed Policy. Commissioner Ridgeway opined that commercial development is currently very even -handed in the City and the discretionary process is very reasonable. He explained why the proposed Policy should be balanced for the benefit of the residential community. Commissioner Brown concurred with Commissioner Ridgeway's comments. He agreed with the intent of the proposed Policy to encourage the redevelopment of the older sections of the City. In response to a question posed by Chairman Gifford, Ms. Temple ' replied that the proposed Policy may be set for public hearing in approximately three months. Commissioner Pomeroy discussed the advantages of redevelopment areas in the City. Commissioner Di Sano concurred with Commissioner Pomeroy's comment and he pointed out the improvements that are currently being made in Central Balboa. Commissioner Kranzley concurred that a message should be sent to the business community to encourage business development, and to encourage improvements on the Balboa Peninsula and in West Newport. Ms. Louise Greeley, Swift Court, Chairman of the Committee for the Acquisition of Sunset Ridge, appeared before the Planning Commission to address GPA 95 -1(A). She requested a clarification that CalTrans West would be increased by 8 dwelling units to 160 dwelling units. Ms. Temple briefly explained the intent of the initiation. She stated that the 8 dwelling units was a number that could have some flexibility. Commissioner Ridgeway and Commissioner Di Sano stated that they would support the request if CalTrans would agree with the proposal. In response to comments by Ms. Greeley, Bob Burnham, City ' -20- COMMISSIONERS M A M A M A M A M o A Mir %ki\\90 CITY OF NEWPORT BEACH MINUTES . ,nog ROLL INDEX CALL I Attorney, stated that the initiation would insure that Hoag Hospital would not acquire the parcel from CalTrans. Commissioner Brown referred to the proposed amendment to the buildable lot area calculation of the Land Use Element as indicated in the staff report. He requested a clarification of additionally. the Planning Commission and/or City Council may allow the calculation to include dedication areas if it is in the public interest to do so. Mr. Burnham responded that the additional language would allow the City to solve specific problems without involving many people in a manner that would not harm the community. COMMISSIONERS Mo Al Mo Al 4 CITY OF NEWPORT BEACH 18if►lill1o?.y ROLL CALL INDEX * *s ADDITIONAL BUSINESS: Addl 1 Business tion Motion was made and voted on to excuse Chairman Gifford from the 1 Ayes February 23, 1995, Planning Commission meeting. MOTION Gifford CARRIED. Excused sts tion * A motion was made and voted on to cancel the Planning Commission 3 /23/95 1 Ayes meeting of March 23, 1995, inasmuch as a majority of the Pc Meetin Commissioners will be attending the Planner's Institute in Monterey. Cancelled ADJOURNMENT: 9:35 p.m. Adjourn GAROLD ADAMS, SECRETARY NEWPORT BEACH PLANNING COMMISSION -22-