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HomeMy WebLinkAboutPC Minutes• Planning Commission Minutes March 21, 2002 Regular Meeting - 6:30 p.m. L n U ROLL CALL CITY OF NEWPORT BEACH Commissioners McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley and Selich - Commissioners Kiser, Kranzley and Selich were excused Sharon Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation /Development Services Manager James Campbell, Senior Planner Todd Weber, Associate Planner Ginger Varin, Planning Commission Executive Secretary Minutes: Motion was made by Commissioner Gifford to approve the minutes of March 7, 2002 as amended. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich Public Comments: Posting of the Agenda: The Planning Commission agenda was posted on Friday, March 15, 2002. Minutes Approved None Posting of Agenda • City of Newport Beach Planning Commission Minutes March 21, 2002 SUBJECT: Fluter Mixed Use Project (PA2002 -033) 2410 Newport Blvd. • (PA2002 -033) Amendment to Site Plan Review No. 79 requesting to modify Condition No. 14 to eliminate the requirement for an irrevocable offer to dedicate a vertical coastal access easement that would provide public access from Newport Boulevard to Newport Bay. Chairperson Tucker asked if any Commissioners would like a presentation. The Commission declined. Public comment was opened, and then closed with no one testifying. Chairperson Tucker stated: • This was an elimination of a vertical access from Newport Boulevard to the Bay on a property that is narrow in width. • Access to the water is an important feature; the applicant is already giving horizontal access along the bayfront. • Since there are many access points throughout the City, not every 50- foot lot needs to provide access. • This additional access would be burdensome, there is access nearby. • Motion was made by Commissioner Gifford to amend Condition No. 14 to waive the requirement for an irrevocable offer to dedicate a vertical coastal access easement for Lots 12 and 13 of Block 223 of Section A together with a portion of Lot 2, Section 33. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Sellch SUBJECT: Navai Residence 1201 Kings Rd. (PA2002 -007) Amendment to a previously approved Variance where a 1 and 2 story addition to an existing single family dwelling would exceed the 24 -foot height limit, ranging from 1 foot to 9 feet. The modified project would further exceed the 24 -foot height limit ranging from 1 to 10.17 feet. Ms. Temple reported that this item is to be continued, at the request of the applicant, to April 4, 2002. Motion was made by Commissioner McDaniel to continue this item to April 4, 2002 as requested by the applicant. INDEX Item 1 PA2002 -033 Approved Item 2 PA2002 -007 Continued to 04/04/2002 • City of Newport Beach Planning Commission Minutes March 21, 2002 Ayes: McDaniel, Agajanion, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich SUBJECT: Newport Classic Inn 2300 W. Coast Highway • (PA2001 -253) Request for a Use Permit to allow the remodel of an existing motel and restaurant to eliminate the restaurant and replace it with ten new guestrooms, add a new guestroom on the first floor at the rear of the building, refurbish the existing rooms by enclosing the patio and balcony areas, and to add a breakfast room in the first floor lobby area. Mr. Campbell noted the following: • A condition on additional landscaping of antennas is unnecessary, as a perimeter wall /screening around the satellite dish would interfere with the reception. • The dishes are in the back comer of the property and are low to the • ground and not visible from the public right -of -way. • There is existing landscaping around it now. Ms. Temple added some verbiage to Condition 9: The exterior grills on the healing /air conditioning units shall be painted to match the surrounding wall or glazing finish and shall be repainted on a regular basis as necessary to prevent peeling and fading of the grills. At Commission Inquiry, Mr. Campbell presented slides noting: • Existing HVAC grills within the patio of existing rooms. • Patio areas to be enclosed. • Grills will be painted and maintained to match the stucco. • Slide of the front of the building with spandrel glazed glass. • Exhibits showing the front elevations and the condition that the newly Installed grills must match so that they will not stand out. • Plans show that the existing glass will be matched. David Schoner, project architect noted: • The grills to be installed will match, on the back of the Inn, the stucco, and will match the black spandrel glass, as seen on the lower panels, the front elevation. • Some of the walls on the upper floor on the front elevation will be spandrel glazed and some will be clear. • The new air conditioning units will be placed In the lower panels and surrounded by material that will match the spandrel glazing. • • The satellite dishes will be removed. z INDEX Item 3 PA2001 -253 Approved • City of Newport Beach Planning Commission Minutes March 21, 2002 Ms. Temple noted, at Commission inquiry, a landscaping proposal shall be submitted to the Planning Director for approval. The parking lot is concrete and a perimeter landscape plan utilizing trees should give us the intent of the Code. In response to Commission inquiry, Mr. Klran Patel, applicant, noted that he understands and agrees to the findings and conditions of PA2001 -253 with the change that the areas along Coast Highway on the building be painted and maintained. Public comment was closed. Motion was made by Commissioner McDaniel to adopt Resolution No. 1553 approving Use Permit No. 2001 -044 (PA2 -0-1 -253) subject to the findings and conditions of approval In the draft resolution attached as Exhibit A as amended. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich �xx SUBJECT: Beverages & More, Inc. 401 Newport Center Dr., #A100 (PA2002 -006) Request for a Use Permit to authorize the opening of retail liquor establishment called Beverages & More! within the Atrium Court portion of Fashion Island under the Alcohol Beverage Outlets Ordinance. Ms. Temple noted that the applicant has indicated that he desires to change one of the hours of opening in Condition 5. The second section, 'With the exception that the hours may be extended to 10,99 AM 9A0 AM to 10:00 PM seven days a week from November 15 to January 1 st each year.' Staff has no objection to this request. Public comment was opened and then closed with no one testifying. Motion was made by Commissioner Gifford to approve Use Permit No. 2002 -001 subject to the findings and conditions of approval by adopting Resolution No. 1554 as amended and attached as Exhibit 1. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich INDEX Item 4 PA2002 -006 Approved • City of Newport Beach Planning Commission Minutes March 21, 2002 INDEX SUBJECT: Brumbaugh Residence Item 5 201 Apolena Avenue PA2002 -001 (PA2002 -001) Request for a Variance to exceed the established floor area limit and a Continued to Modification Permit to encroach 15 feet Into the required 20 -foot front yard setback; 04 /04/2002 7 feet into the 10 -foot rear yard setback; and b feet, 10 inches into the setback along Apolena Avenue, for a new single- family dwelling. Ms. Temple reported that this Item is to be continued, at the applicant's request, to April 4, 2002. Motion was made by Commissioner McDaniel to continue this item to April 4, 2002 as requested by the applicant. Ayes: McDaniel, Agajanlan, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich SUBJECT: Mortazavi Triplex (PA2001 -193) Item 6 1324 W. BaBDoa Boulevard PA2001 -193 • • (PA2001 -193) Request for an addition and alteration of an existing nonconforming triplex. The Continued to existing triplex is nonconforming due to the fact that it Is located in the R -2 District 04 /04/2002 where two dwelling units are the maximum allowed. The triplex is also nonconforming in that the property provides only three parking spaces where the Zoning Ordniance requires a minimum of six spaces (2 per unit). Ms. Temple reported that this item is to be continued, at the applicant's request, to April 4, 2002. Motion was made by Commissioner McDaniel to continue this item to April 4, 2002 as requested by the applicant. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich SUBJECT: Brown Duplex Item 7 405 Dahlia Avenue PA2001 -173 (PA2001 -173) Substantial conformance review related to reorientation of the garages. Continued to • 04/04/2002 • City of Newport Beach Planning Commission Minutes March 21, 2002 Chairperson Tucker noted this item had been before the Commission twice and approved on a variance. Al that is before us at this time is whether a change to the orientation of the garages is in substantial conformance with what the Commission had granted. Commissioner Aga onian noted his opposition stating that tandem parking is not an acceptable solution. Commissioner McDaniel noted his vote carries a substantial burden due to the absence of 3 Commissioners. Continuing, he noted: • Variances are not to be given based on what another applicant has received. • This applicant has come back to us without reducing anything; he has just switched things around a bit. • 1 don't like the project, but I want to be fair and not turn this down without listening to the rest of the Commissioners. • At the last meeting on this, the Commission did not want the tandem parking and was concerned with the orientation. Chairperson Tucker agreed that this is not the preferred configuration. There was a neighbor who was all for this project Initially, then at the second hearing was not quite as enthusiastic and now, she does not appear to be for it at all. The • Commission based their planning on what we heard as we went along. The topography of the lot means the garage will have to be in that area and I am not sure what else is available to the applicant. Commissioner Gifford agreed it is not the preferred solution. This was a subject of considerable debate and it might be in the applicant's best interest, and the community's best interest, to have this item continued until the full Commission can hear it. Commissioner McDaniel noted he would be much more comfortable with that because there was a lot of discussion about the orientation of the garages. Much of the conversation took place in terms of the neighbor to initially approve this. I would be much more comfortable with my vote if the full Commission got a chance to discuss this and look at it. Chairperson Tucker asked the applicant if he wanted a vote or a continuance. Mr. Jeff Brown, applicant of 405 Dahlia Avenue, noted the following: • This is the third time before the Commission and it has been a twelve- month process. • 1 have heard enthusiastic support, then support as long as the doors were not there, etc. • Has incurred significant costs. • I am getting fatigued with trying to go ahead with my project. • I have tried to be as cooperative as possible about this project, both with staff and my neighbor. INDEX • City of Newport Beach Planning Commission Minutes March 21, 2002 • I have shared with staff what my neighbor has said. • I can go through any detail questions on this project. • 1 think the proposed project is better for her than it is for me. Chairperson Tucker noted that the applicant has done everything that could be done and has redesigned it in good faith. He noted his support of finding the revised project in substantial conformance. There were some design goals that we all had in mind and I think the structure will be in the right place. Mr. Brown asked what the ramifications would be. The people that are not here may have voted in the affirmative and may be more sympathetic to it. Chairperson Tucker stated that he would ask for a straw vote and if the Commission is not with you, then ask for a continuance so that you would come back to the Commission rather than the Council and try to educate seven new people on what your issues are. You could demand a vote tonight, and if you are denied, you would have to appeal it. You would need three votes. Mr. Brown then asked for a straw vote, noting that the market has worked for him but that he is doing this as part of an upleg of a 1031 exchange and is in a real jam. • Commissioner McDaniel suggested that the applicant continue this item. Chairperson Tucker then asked for a straw vote: Commissioner McDaniel - suggested it would be in his best Interest to not count on his vote this evening and to continue this to the next time. Commissioner Agajanian - noted his opposition to the project. Commissioner Gifford - noted she would vote against the project if it were brought for a vote tonight. That doesn't represent necessarily her vote on the project if the entire Commission was present. Mr. Brown then asked for a continuance. Chairperson Tucker answered that there will be seven members here. Mr. Brown accepted the continuance to April 4m. Motion was made by Commissioner McDaniel to continue this Item to April 4, 2002. Ayes: McDaniel, Agajanian, Tucker, Gifford Noes: None Excused: Kiser, Kranzley, Selich • INDEX • City of Newport Beach Planning Commission Minutes March 21, 2002 ADDITIONAL BUSINESS: a) City Council Follow -up - Ms. Wood reported that at the City Council meeting of March 12th the Council approved an agreement with Applied Development Economics, a consulting firm that will be doing a fiscal impact and economic study as part of the General Plan Update; the Cannery Loft project had been called for review by Mayor Ridgeway and was approved; and appointed Bob Shelton as Chair and Phillip Lugar as Vice Chair to the General Plan Advisory Committee. b) Oral report from Planning Commission's representative to the Economic Development Committee - none. C) Report from Planning Commission's representatives to the General Plan Update Committee - Ms. Wood noted the discussion items were the workshops that are now underway; the committee reviewed the agendas and questions as well as the workshop kits to be used by people volunteering to facilitate workshops with their own organizations. The Commission had follow -up questions on the contents of the workshop, how the technical studies will fie Into the work of the Update Committee, LCP deadline, and fiscal impact modeling the LCP updates. A new item is to be added to future agendas to keep the Planning Commission up to date • on the LCP. d) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Gifford noted that the vertical access is quite a separate question from the parallel /lateral access. How much do we actually have around the Bay? There are a lot of easements not readily visible and some of the lateral easements that don't have vertical easements on either side, so they are effectively not useable. I would like to have a report on where the lateral easements are. Ms. Temple noted that a map had been done on all recorded easements and can be presented at the next meeting. e) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f) Status report on Planning Commission requests - none. g) Project status - none. h) Requests for excused absences - Ms. Temple noted she would be on vacation April 4th. ADJOURNMENT: 8:30 p.m. EARL MCDANIEL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • INDEX Adjournment