HomeMy WebLinkAbout0.0_AgendaPLANNING COMMISSION AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
Thursday, June 9, 2011
Regular Meeting — 4:00 p.m.
EARL MCDANIEL CHARLES UNSWORTH
Chairperson Vice Chairperson
FRED AMERI
BARRY EATON
ROBERT HAWKINS
BRADLEY HILLGREN
MICHAEL TOERGE
Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning
Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the
table in front are City staff members who are here to advise the Commission during the meeting.
They are:
JAMES CAMPBELL, Principal Planner
PATRICK ALFORD, Planning Manager
GREGG RAMIREZ, Senior Planner
ERIN STEFFEN, Planning Technician
MARLENE BURNS, Administrative Assistant
LEONIE MULVIHILL, Assistant City Attorney
TONY BRINE, City Traffic Engineer
ROSALINH M. LING, Associate Planner
FERN NUENO, Assistant Planner
NOTICE TO THE PUBLIC
Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays
of each month at 6:30 p.m. Staff reports or other written documentation have been prepared for each item of
business listed on the agenda. If you have any questions or require copies of any of the staff reports or other
documentation, please contact the Community Development Department, Planning Division staff at (949) 644-
3200. The agendas, minutes and staff reports are also available on the City's web site at:
http://www.newportbeachca.gov.
This committee is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the
Commission's agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to
comment on agenda items before the Commission and items not on the agenda but are within the subject matter
jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time,
generally either three (3) or five (5) minutes per person.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all
respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is
normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner.
Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs
and to determine if accommodation is feasible (949- 644 -3005 or Ibrown @newportbeachca.gov).
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be
conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public
hearing or in written correspondence received by the City at or before the hearing.
APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become
effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in
accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map,
Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of
approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the
Newport Beach Municipal Code. General Plan and Zoning Amendments are automatically forwarded to the City
Council for final action.
NEWPORT BEACH PLANNING COMMISSION AGENDA
Council Chambers — 3300 Newport Boulevard
Thursday, June 9, 2011
REGULAR MEETING
4:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. 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 and print your name on the tablet provided at the
podium.
E. REQUEST FOR CONTINUANCES
F. CONSENT ITEMS
ITEM NO. 1 Minutes of May 19, 2011
ACTION: Approve and file.
G. PUBLIC HEARING ITEMS
ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS 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 for summation.) Please print only your
name on the pad that is provided at the podium.
Any writings or documents provided to a majority of the Planning Commission regarding any item on this
agenda will be made available for public inspection in the Community Development Department, Planning
Division located at 3300 Newport Boulevard, during normal business hours.
ITEM NO. 2 Pemstein Residence Minor Use Permit and Variance (PA2010 -173)
2430 Holiday Road
SUMMARY: A minor use permit to allow for the retention of an as -built second dwelling unit to be
converted to a senior accessory dwelling (granny) unit and a related variance to allow
for the construction of a garage addition to encroach 2 feet into the required 10 -foot
easterly side setback.
The application also includes ten (10) other variance requests to allow for the retention
of the following as -built structures:
• An 8 -foot high arbor with a footprint of 48 square feet that encroaches 13 feet into the 15-
foot front setback, where the Zoning Code limits the height of such structures to 9 feet and
a maximum footprint of 16 square feet.
An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the
westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to
9 feet and a maximum footprint of 16 square feet.
• An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the 10-
foot rear setback, where the Zoning Code limits the height of such structures to 9 feet and a
maximum footprint of 16 square feet.
• An 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the
easterly 10 -foot side setback, where the Zoning Code limits the height of such structures to
9 feet and a maximum footprint of 16 square feet.
• A 55 -inch high brick wall that encroaches 5 feet into 15 -foot front setback, where the
Zoning Code limits the height of such structures to 42 inches.
• An 8 -foot high wall that encroaches 10 feet into the westerly 10 -foot side setback, where
the Zoning Code limits the height of such structures to 6 feet.
• An 8 -foot high wall that encroaches 10 feet into the 10 -foot rear setback, where the Zoning
Code limits the height of such structures to 6 feet.
• An 8 -foot high wall that encroaches 10 feet into the easterly 10 -foot side setback, where the
Zoning Code limits the height of such structures to 6 feet.
• An 8- foot -3 -inch high fireplace that encroaches 8 feet into the westerly 10 -foot side setback,
where the Zoning Code limits the height of such structures to 6 feet.
• A 129- square -foot (footprint of 148 square feet under roof), 11- foot4-inch high storage
building that encroaches 5 feet into both the 10 -foot easterly side setback and 10 -foot rear
setback, where the Zoning Code limits the height of such structures to 6 feet.
The application also indicates the existence of an 8 -foot high arbor with a footprint of
48 square feet that encroaches into the required front and easterly side setback, where
the Zoning Code limits the height of such structures to 9 feet and a maximum footprint
of 16 square feet. The applicant has indicated that this arbor will be removed.
Therefore, it is not included in the variance request.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures). The scope of the work is limited to a garage
addition and conversion and alterations of an existing structure to accommodate a
granny unit. Also, included in the request is to retain several accessory structures
including arbors, walls, a fireplace, and storage building.
ACTION: 1) Conduct public hearing; and
2) Adopt a resolution approving Minor Use Permit No. UP2010 -040 for the
granny unit and denying Variance No. VA2011 -005 for the construction or
retention of all setback encroachments.
ITEM NO. 3 Dry Dock Restaurant (PA2011 -005)
2601 West Coast Highway
SUMMARY: A conditional use permit application for a food service restaurant with late hours, live
entertainment, alcohol sales, outdoor dining, and delivery. The application also
includes a request for a parking management plan to address off -site parking, valet,
and an adjustment to the off - street parking requirements. The proposed hours of
operation for dining and delivery are 11:00 a.m. to 2:00 a.m., daily.
CEQA
COMPLIANCE: The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which
exempts minor alterations to existing facilities. The existing building will remain with no
additional square footage. The scope of the physical construction is limited to minor
alterations. The building was previously used as an eating and drinking establishment
and any changes in operational characteristics are negligible.
ACTION: 1) Conduct public hearing; and
2) Adopt a resolution approving Conditional Use Permit No. UP2011 -001.
ITEM NO. 4 Newport Beach Country Club — Golf Realty Fund (PA2005 -140)
1600 & 1602 E. Coast Highway
SUMMARY: Staff recommends that this item be continued to August 4, 2011, due to the change
in the Planning Commission membership.
ITEM NO. 5 Newport Beach Country Club — International Bay Clubs, Inc. (PA2008 -152)
1600 E. Coast Highway
SUMMARY: Staff recommends that this item be continued to August 4, 2011, due to the change
in the Planning Commission membership.
H. NEW BUSINESS
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 Planning Director's report.
ITEM NO. 7 Announcements on matters that Commission members would like placed on a future
agenda for discussion, action, or report.
ITEM NO. 8 Request for excused absences.
ADJOURNMENT