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Home My WebLink AboutPC AgendaPLANNING COMMISSION AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Thursday, October 7, 2004 Regular Meeting - 6:30 p.m. LARRY TUCKER Chairman MICHAEL TOERGE ED SELICH JEFFREY COLE BARRY EATON EARL MCDANIEL LESLIE DAIGLE 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: PATRICIA TEMPLE, Planning Director JAMES CAMPBELL, Senior Planner GINGER VARIN, Planning Commission Secretary RICH EDMONSTON, Transportation & Development Services Manager ROBIN CLAUSON, Assistant City Attorney 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 Planning Department staff at (949) 644 -3200. The agendas, minutes and staff reports are also available on the Citys web site. The address is: http://www.city.newport-beach.ca.us/. 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 Ginger Varin, Planning Commission Secretary at (949) 644 -3232, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. APPEAL PERIOD: Use Permit, Variance, Site Plan Review, Resubdivision, and Modification applications do not become effective until 14 days after the date of approval, during which time an appeal may be filed with the City Council. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. 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. NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard October 7, 2004 CALL TO ORDER 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: 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. REQUEST FOR CONTINUANCES: CONSENT CALENDAR Notice to the Public All matter(s) listed under CONSENT CALENDAR (Item 1) is considered by the Commission to be routine and will all be enacted by one motion in the form listed below. The Planning Commission Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Commission votes on the motion unless members of the Commission, staff or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chairman, state their name and Consent Calendar Item number. ITEM NO. 1. SUBJECT: Minutes of the regular meeting of September 23, 2004. ACTION: Approve as written and order filed. HEARING ITEMS: ITEM NO. 2. SUBJECT Sweeney residence appeal (PA2004 -206) 401 -403 Heliotrope Avenue SUMMARY: Appeal of the Planning Director's determination of grade for the purpose of measuring structure height ACTION: Staff recommends that the Planning Commission deny the appeal and uphold the Planning Director's determination of grade. ALL TESTIMONY GIVEN BEFORE THE PLANNING COMMISSION IS TAPE 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.) ITEM NO. 3. SUBJECT: Espinoza Condo Conversion and Tract Map (PA2004 -137) 329 Marguerite Avenue SUMMARY: The Condominium Conversion and Tentative Tract Map relate to the conversion of an existing 7 unit apartment building to condominiums for the purpose of individual sale. The Coastal Residential Development Permit Application relates to compliance with affordable housing regulations applicable within the Coastal Zone. ACTION: Staff recommends that the Planning Commission approve Condominium Conversion No. 2004 -014, Newport Tract Map No. 2004 -002 & Coastal Residential Development Permit No. 2004 -001, subject to the findings and conditions of approval within the draft resolution. ITEM NO. 4. SUBJECT: Simpkins Residence (PA2004 -155) 520 Larkspur Avenue SUMMARY: The application requests a Variance approval to allow the construction of a two- story single - family residence with a basement level to exceed the established floor area limit and a Modification Permit for a rear yard setback encroachment. ACTION: Staff recommends that the Planning Commission approve Variance No. 2004001 and Modification Permit No. 2004 -053 subject to the findings and conditions of approval within the draft resolution. ITEM NO. 5. SUBJECT Zotavich Fence (PA2004 -183) 4621 Perham Road SUMMARY: Appeal of the Modifications Committee's decision to require a 5 -foot, 6 -inch high wrought -iron pool - protection fence with a 6 -foot high gate, proposed to be located within the 30 -foot front yard setback adjacent to Camden Drive, to be set back a minimum of 5 -feet from the property line. The applicant requests approval to allow the pool protection fence to be constructed on the property line. The pool - protection fence is required by the Building Code for a proposed spa. ACTION: Applicant has requested that this item be continued to October 21, 2004. ADDITIONAL BUSINESS: a) City Council Follow -up - b) Oral report from Planning Commission's representative to the Economic Development Committee - c) Report from Planning Commission's representatives to the General Plan Update Committee - d) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - e) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - f) Status Reports on Planning Commission requests - g) Project status - h) Requests for excused absences - ADJOURNMENT