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Home My WebLink About12/07/2006Planning Commission Minutes 12/07/2006 CITY OF NEWPORT BEACH Planning Commission Minutes December 7, 2006 Regular Meeting - 5:00 p.m. Page 1 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas /2006 /mnl2- 07- 06.htm 06/23/2008 INDEX ROLL CALL ommissioners Eaton, Hawkins, Cole, Toerge, Peotter and McDaniel - all present STAFF PRESENT: David Lepo, Planning Director aron Harp, Assistant City Attorney Rich Edmonston, Transportation /Development Services Manager Jim Campbell, Senior Planner Jamie Murillo, Associate Planner Janet Brown, Assistant Planner Ginger Varin, Planning Commission Secretary and Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on December 1, 2006. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of November 16, 2006. ITEM NO. 1 Motion was made by Commissioner Hawkins and seconded by Approved Commissioner Peotter to approve the minutes as corrected. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, and Toerge Noes: None Abstain: Henn ITEM NO. 2 SUBJECT: Thirty First Street, LLC (PA2006 -031) PA2006 -031 407, 409, 411 & 413 31 st Street Continued to Use Permit to establish a height limit of 31 -feet, exceeding the base height 01/04/2006 limit of 26 -feet, for the construction of four mixed -use buildings and approval of a commercial floor area ratio (FAR) less than the minimum 0.25 FAR required for mixed -use development projects. In addition, the applicant is requesting the approval of a Modification Permit to allow parking spaces to encroach within the front and rear setbacks and a lot line adjustment to adjust the interior property lines of four lots into four equally Page 1 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas /2006 /mnl2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 sized parcels. Mr. Lepo reported that this item is to be continued to January 4, 2007. Motion was made by Commissioner McDaniel and seconded by Commissioner Hawkins to continue this item to January 4, 2007. yes: Eaton, Peotter, Hawkins, Cole, McDaniel and Toerge Noes: None Abstain: None OBJECT: Isla Vista Homes (PA2004 -123) ITEM No. 3 1499 and 1515 Monrovia Avenue PA2004 -123 General Plan Amendment, Zone Code Amendment, Tract Map and Continued to Modification Permit to develop 44 detached residential condominium unit 01/18/2007 n a 3.25 acre site. The general plan designation would be changed from General Industry to Multi - Family Residential and the zoning district would be changed from M -1 -A (Controlled Manufacturing) to MFR (Multi-Family Residential). A Modification Permit has been requested to allow setback encroachments, decreased distance between structures and increased all height in required setbacks. Additionally, the request include consideration and adoption of a Mitigated Negative Declaration including a Mitigation Monitoring and Reporting Program. Mr. Lepo reported that this item is to be continued to January 18, 2007. Motion made by Commissioner McDaniel and seconded by Commissione Hawkins to continue this item to January 18, 2007. yes: Eaton, Peotter, Hawkins, Cole, McDaniel and Toerge Noes: None Abstain: Henn OBJECT: Newport Beach Brewing Company (Use Permit No. 3485) ITEM NO.4 2920 Newport Boulevard The Newport Beach Brewing Company has operated a restaurant/brewpub Continued to pursuant to Use Permit No. 3485 since 1994. This permit was issued by 01/04/2007 he City in 1993 and it was subsequently amended in 1999. City has received several complaints related to the operation of the use and the Planning Commission will evaluate the complaints, the operational character of the use and the conditions under which the use operates. A he conclusion of the hearing, the Commission may require alteration of the operation or it may delete or modify conditions of approval. The Commission also may conclude that no changes are necessary and revocation of the Use Permit is not being considered at this time. Mr. Lepo reported that this item is requested to be continued to January 4, 2007. Motion was made by Commissioner McDaniel and seconded by Commissioner Hawkins to continue this item to January 4, 2007. Ayes: I Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge Page 2 of 8 http: / /www. city . newport- beach.ca.us/PlnAgendas /2006 /nml2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 Noes: and Henn I(AAbstain: I None ECT: Newport Bay Marina (PA2001 -210) 2300 Newport Boulevard of revised resolution for project approval. a discussion by staff, the Commission and the applic tive during public comment, the following changes to of approval were made: dition 14 - project must comply with exterior noise level standards of :e Ordinance including those specific to residential portions of mi properties. dition 50 - approval of the Construction Traffic Management trol Plan shall be by the Planning Director and Traffic Engineer; sta( I be prohibited at all times on The Arcade /22nd Street except with -oval of the Traffic Engineer. 62 - remove term 'lease" and replace with "deed." 64 - add provision that the Parking Management Plan shall for review by the Planning Commission. lition 65 - temporary berthing of vessels at slip 19 shall not itted overnight, may be allowed for a period not exceeding two ho vessels exceeding a height of four feet above deck shall not itted in the slipway /19th slip area. iition 72 - Building K shall provide office space within the north( :)n of the second and third levels of that building. An 8 -foot maso 4 -foot clear glass or Plexiglas panels on top of masonry wall shall ded along the northerly property line, with height to be measured fr of the wall with the highest grade. The wall shall be architectun )atible with the project and it shall be aesthetically pleasing; prov uate sight distance and the design of the wall shall be subject oval of the Planning Director and City Traffic Engineer. ndition 73 - the Site Plan shall be revised to move Building G four feet south and the distances between Buildings D and E, F and G are to I iuced accordingly. A view easement shall be created to cover th arvening space covering the slip way and will be described. A lec scription of the view easement including minimum width shall I :pared by applicant and recorded against the property and shall I lected on the Tract Map. ndition 74 - all public access easements shall be depicted on the fir ct map or be recorded as separate instruments in the event bdivision map has not been recorded at the time of the issuance of ilding permit. PA2001 -210 Approved Page 3 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas/2006 /mnl2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 ition 75 - additional glass /Plexiglas sound attenuating wall, full -heig be provided along the residential unit balconies located on the th of Building B. tition 76 - enclosed garages and carports shall remain unob available for parking and carports shall not be equipped with dition 77 - a minimum 6 -foot wide pedestrian area connecting front walkway across the slip shall be provided and a walkway ac bridge shall be grade separated and raised with a minimum 8 -inch r from vehicular traffic. ition 78 - light wells through deck level to subterranean parking provided where feasible. ition 79 - accurate references to project shall be included. was made by Commissioner Peotter and seconded ioner Hawkins to accept the changes to the conditions. imissioner Toerge noted his reasons for opposing this motion be vehicular access and circulation, poor parking distribution and the structures are abrupt in scale. Toerge None Hoag Healthcare Center (PA2006 -113) 500 -540 Superior Ave Use Permit to allow the conversion of 97,000 square feet of research :velopment (R &D) /general office use to medical office use. The pr( ;ludes the demolition of one of the existing buildings and the construc an additional parking structure that exceeds the maximum building citation for the site. Additionally, approval of a Traffic Study is b quested pursuant to the City of Newport Beach Traffic Pha -dinance (TPO). Project approval is subject to approval of a Mitig ;gative Declaration. mie Murillo gave an overview of the draft report. McDermott of Government Solutions, gave a Power ation, noting the following: Use Permit is a request to allow conversion of 97,000 sq. ft. R D /General Office to Medical Office; demolish existing 86,079 sq. building, and construct 4 -level parking structure. Project description - lot size is 13.7 acres; medical office 97,000 s ft.; general office is 136,000 sq. ft.; R & D is 96,414 sq ft. with a ITEM NO. 6 PA2006 -113 Approved Page 4 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas /2006 /nml2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 level parking structure. . Site photos were displayed and recognized as well as the proposed site plan allowing for enhanced circulation and landscaping • Shuttle service - 20- passenger van; physician and patien transportation between the hospital and the project site; will operate between 7:00 a.m. and 7:00 p.m.; route will be Superior, Newpor Boulevard and Hospital Road. This service is beneficial to al concerned and shuttle is currently used for non medial - relates transportation between the two sites. • Total parking will be for 1,985. • Parking structure view simulations were presented and circulatior was discussed. • Comments on the Mitigated Negative Declaration were responded tc and have been distributed to the Commission. discussion on the shuttle route it was agreed to add as a possible route. McDermott noted the medical use will be physician offices as wel ying center and pharmacy on site. Every future use will have to roved by the Planning Department after determination as to office igory. Cumulative building area totals for each use category will ntained to assure that the permitted square footages in each catec notexceeded. Iston Trigg of Hoag Hospital noted that currently about 45,000 square of office area is occupied by tenants not affiliated with Hoag. ently, Hoag Hospital is not using the site other than the parking. Hi: srtment is proposed to move into this complex in the near future alone other Hoag support uses. continued on the differences between office use and and development use; the size of the parking structure; 16 intersect studied for the traffic report both in Costa Mesa and Newport Beach mpact thresholds of each City; the collection criteria for fair share fees unding of projects. comment was opened. comment was closed. ommissioner Toerge asked about and received information rcumstances that would require a Greenlight vote and on subseq EQA analysis if any increase was to be requested in the future. Commission inquiry staff noted: • In addition to staffs response to comments provided in the si report, staff has reviewed the applicant's comment letter prepared response to the recently received letter regarding the Phase I of 1 indoor air sampling and soils vapor sampling and is comfortable w the response. • The traffic mitigation fees are adjusted by the cost -of- living index a Page 5 of 8 http: / /www.city.newport- beach. ca .us /PlnAgendas /2006 /mnl2- 07- 06.htm 06/2312008 Planning Commission Minutes 12/07/2006 are approximately $200 per additional daily trip. Hoag's participt in the program will amount to approximately $360,000. Three letters have been received from residents in the area on project and have been included in staffs response to comments. otion was made by Commissioner Toerge and seconded :)mmissioner Hawkins to approve Traffic Study No. 2006 -001, Use Pi :). 2006 -010, Mitigated Negative Declaration SCH #2006 - 101105 inclL Mitigation Monitoring and Reporting Program, subject to findings inditions in the staff report with a change to condition 40 that the ad reets listed include Industrial Way. ioner McDaniel noted his approval of this item; however, he d with the amount of parking being built but feels that whate, in the future will be done through the proper channels. nissioner Hawkins noted that, although the Project is wonderful at A, he cannot support the motion because the applicant has chosen vehicle in its environmental document to get to the desired at ible goal." continued on clarification on the traffic study requested by airperson Cole noted that this project is consistent with the 2( neral Plan recently approved by the voters and is clearly designated medical commercial office use. He noted his concern of fut icerbation of the traffic; however, he does support this use. Ayes: Eaton, Peotter, Cole, McDaniel and Toerge Noes: Hawkins bstain: None JBJECT: Walkie Ray Residence (PA2006 -247) PA2006 -247 15 Bay Island Use Permit is requested to allow alterations of up to 75% of the structural Approved. aments of the existing legal nonconforming dwelling in conjunction with a model, reconstruction and addition to the residence. A Modification srmit is requested to allow a second -level deck to encroach up to 12 fee :o the 15 -foot front setback on the bay side of the building site and a iade/trellis structure to encroach 1 foot into the 4 -foot required side yard :tback on the park side of the building site. Also requested is Planning )mmission approval to allow the reconstructed portion of the dwelling to 28 feet in height if deemed compatible and consistent with the height id scale of adjacent and surrounding dwellings. These actions have yen determined to be categorically exempt pursuant to Section 15301 xisting Facilities) of the Guidelines for Implementation of the Californi ivironmental Quality Act. at Brown, Assistant Planner, gave an overview of the staff report not! requirements for findings for the approval of a Use Permit and ification Permit. Page 6 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas/2006 /mnl2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 ee Newman of Government Solutions, representing the a Power Point presentation noting: • Pictures depicting the island and the placement of homes and op space areas. • Various pictures of the existing home and architectural renderings the proposed project. • The issue of the proposed side yard encroachment is unresolved. • The main entrance to the home is in the side yard and the archib feels that the treatment being requested helps to introduce 1 entrance to the home and bring the visitor to the front door. • This treatment is important to bring this house in alignment with wl exists on this historic island which is a combination of Victorian a Arts and Crafts architecture. • Ms. Newman referred to exhibits for the proposed beams a architectural structures. • In conclusion, the applicants feel the shade trellis is an import: feature to their house and request that the Commission approve th request as an architectural treatment as allowed by Code. Caskey, architect for the proposed project, at Commission inquiry • This has been approved by the Building Department but n Planning. • The plans for the architectural element (shade trellis) projecting in' the side yard is still 3 feet distant from the property line. • Per Building Code, the architectural element would not be permitted closer than 3 feet to the side property line. • In this case, the existing eave -line is being maintained. • Referring to the site plan, he noted the architectural profile ar proposed projection. Lepo noted that, after further review, staff agrees with the applicant architectural element is a permitted encroachment under Sei M.030 B. )mmissioner McDaniel noted his concern of tearing down 75% of < iilding and not being able to build it to current Zoning Code. He askec plicant couldn't build a building to Code on this lot rather than exceed the sight limits and require modifications. This is a major remodel on this lot. there any reason why you can't build it within the right height and withou these setbacks modifications? Caskey answered that the intent was only that the front portion of t se would be rebuilt and with the new area below grade. We are taki n the foundation on the front portion only and will rebuild that pliance with height limitations of the Code. The back part, whe rent roof structures are proposed, falls under the new guidelines. Newman added that the PRD for Bay Island allows the 28 -foot- and we are not asking for an exception to that. We want the Plan mission's concurrence that the proposal befits Bay Island and we Page 7 of 8 http: / /www. city .newport- beach.ca.us/PlnAgendas /2006 /mnl2- 07- 06.htm 06/23/2008 Planning Commission Minutes 12/07/2006 strongly that it is in keeping with the existing character. It is not a variance or modification request for the height but you do need to act on the use permit application. Public comment was opened. Public comment was closed. Motion was made by Commissioner Toerge and seconded by Commissioner Hawkins to approve Use Permit 2006 -030 subject to the ndings and conditions and eliminating the Modification Permit as the rchitectural treatment over the entry does not require a modification permit and also approving the 28 foot height as it is in scale with the neighboring ro erties. yes: Eaton, Peotter, Hawkins, Cole and Toerge Noes: McDaniel Abstain: None ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. City Council Follow -up - none. b. Report from Planning Commission's representative to the Economic Development Committee - no report. C. Report from the Planning Commission's representative to the Local Coastal Committee - Commissioner Toerge noted there was n meeting. d. Matters which a Planning Commissioner would like Staff to report on at a subsequent meeting - the upcoming agenda items were discussed. e. Matters which a Planning Commissioner may wish to place on future agenda for action and staff report - none. f. Project status - none. g. Requests for excused absences - none. ADJOURNMENT: 8:00 p.m. �DJOURNMENIJ ROBERT HAWKINS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 8 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas/2006 /mnl2- 07- 06.htm 06/23/2008