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CITY OF NEWPORT BEACH
Planning Commission Minutes
May 9, 2002
Regular Meeting - 6:30 p.m.
ROLL CALL
Commissioners McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley and Selich -
All present
STAFF PRESENT:
Sharon Wood, Assistant City Manager
Patricia Temple, Planning Director
Dan Ohl, Deputy 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 Chairperson Tucker to approve the minutes of April 18, 2002 as
amended.
Ayes: Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
Abstain: McDaniel
Public Comments:
Posting of the Agenda:
The Planning Commission agenda was posted on Friday, May 3, 2002.
Minutes
Approved
None
Posting of Agenda
• City of Newport Beach
Planning Commission Minutes
May 9, 2002
SUBJECT: Newport Hi
101 Shipyard Way
Use Permit No. 2001 -030 (PA2001 -158)
Request to exceed the 26 -foot height limit in order to replace an existing paint spray
booth with a new booth at an existing boat repair facility located on Lido Peninsula.
The proposed new paint spray booth will be approximately 35 feet in height. Zoning
Code Section 20,65 permits structures to be up to 35 feet in height upon approval of
a Use Permit.
Public comment was opened.
Jesse Sale, 101 Shipyard Way, applicant In response to Commislson Inquiry, stated
that he understands and agrees to the findings and conditions of Use Permit No.
2001 -030.
Public comment was closed.
Motion was made by Commissioner Kranzley for approval of Use Permit No. 2001-
030 by adopting resolution entitled "A Resolution of the Planning Commission of
the City of Newport Beach Approving Use Permit No. 2001 -030 (PA2001 -158) for
Property Located at 101 Shipyard Way ".
• Commissioner Kiser noted:
Condition of approval number one, the dates on the plot plan, floor plan
and elevations need to be marked with the same date of August 1, 2001.
Ayes: McDaniel, Kiser, Agajonian, Tucker, Gifford, Kranzley, Selich
Noes: None
SUBJECT: Naval Residence
1201 IGngs Rd.
• Variance No. 2002- 002(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.
Commissioner Agajanian noted that the old plans had front elevations to them
and the new plans do. not. He asked if there was a reason for that.
Mr. Campbell answered that the comparison of the front elevation had not been
prepared.
0
INDEX
PA2001 -158
Approved
Item 2
PA 2002 -007
Approved
City of Newport Beach
• Planning Commission Minutes
May 9, 2002
Commissioner Kiser asked why we are hearing this again after two previous
hearings and hearings of City Council and approval, how did we get to this point
again?
Public comment was opened.
Mr. Jim Naval, 1201 Kings Road applicant noted:
This hearing is based on the requests of his neighbors.
This project is better than the one proposed before.
Previous architect designed the addition so close to Kings Road that not
only was it too close for comfort it also took away two parking spaces on
the driveway.
Therefore, we moved the envelope closer to Coast Highway.
1 hired a new surveyor to provide the lines of the project so that we would
stay within the correct boundary.
I have a specific agreement that states that this elevation to Kings Road
will not change whatsoever. There is a specific design that has to stay,
no changes on the previous permit on the height will be made.
The permit requested 1, 073 square feet of addition.
• My family and I need every possible square foot of this request.
• The architect came back with a plan to set back the project and gain
back the two lost parking spaces and lower the overall roof 21 inches.
• • The City asked that fire sprinklers system be installed in the kitchen,
garage and maybe more, and I am working with them on this.
• We kept all the old conditions, and have added this new condition.
• None of the neighbors on the front will be affected by this addition.
• None of the existing trees on site will be removed.
Bill Pells, 1121 Kings Road, neighbor noted that the applicant has been a good
neighbor and very cooperative. He stated he Is in support of this project and
asked that this be approved.
Neria Yantoubian, 1101 . Kings Road, neighbor noted this project is an
improvement, especially with the parking spaces. She asked that this be
approved.
Judy Dutton, 215 St. Andrews Road, neighbor noted that there a few people who
could not be here, Nicholas Yaru and Ric Cormu who owns 1300 Cliff Drive. As a
representative of them, I wanted to let you know that we are in oppostiion to this
project. Additionally, Robert Whitney of Kings Road Is also opposed
John Seneck, 1521 Kings Road spoke in favor of the project noting the parking.
Public comment was closed.
Commissioner Kranzley stated for the record that because there are trees that
hide a variance doesn't necessarily mitigate that variance. I want to make sure
that the applicant understands that really does not have an impact on whether
INDEX
City of Newport Beach
• Planning Commission Minutes
May 9, 2002
we grant this variance or
Commissioner Agajanian, referring to page 2 of the March 21st staff report, cited
approximately half of the previous plan was below the 24 -foot height limit.
Approximately 25% of the revised plan is below the 24 -foot limit. That means the
amount of visible frontage has been increased, yet we get a report that the
height has been decreased. This is why I asked about the before and after
frontal elevations, I am not understanding this issue.
Mr. Campbell answered that would be the actual area of the roof. Referring to
the colored exhibits, he noted that the blue line is the outline of what was
originally approved and the red is what is being considered this evening. What is
not on the plans is the 24 -foot height limit as it goes down over the bluff. The
combination of moving the house further away from the bluff and lowering the
overall roof by approximately 21 inches, changes the percentages.
Commissioner Selich stated he has no problem with the proposal. He noted his
concern that condition one in the old application be repeated in the new
conditions and apparently it has been. This seems a reasonable request and
getting some additional parking spaces on Kings Road helps things.
Commissioners Kranzley and Gifford noted their agreement with the previous
• comments.
Commissioner Agajanian noted that he was originally against this but this is a
better proposal than the one that had been prevlously approved and will
therefore support it.
Commissioenr Kiser noted that this appears to be a better plan and added that
we do want to show condition 11 on Exhibit A for the fire sprinklers.
Commissioner McDaniel noted he would be in support of the variance.
Chairperson Tucker made reference to a previous case regarding the secondary
exiting showed up after the fact that created some difficulty. This new proposal is
something that 1 will support, but the applicant needs to know that if he decides it
is too expensive to sprinkler the house then all bets are off and we will look at the
whole thing as to how that staircase gets Integrated into the design. He then
discussed the verbiage of condition 11.
Mr. Campbell noted a change to this condition at the request of the Builidng
Department as there is ongoing discussion between the applicant and the
Building Department on how to put the sprinklers in. There may be an ability to
sprinkler only a portion of the building. In order to provide flexibility to the Building
Department to ensure adequate access, we want to make the following change.
The project shall comply with applicable exiting requirements of the Newport
Beach Municipal Code, If a second exit is provided from the third level the exit
shall be within the exterior walls of the proposed addition.
INDEX
City of Newport Beach
• Planning Commission Minutes
May 9, 2002
Commissioner Kiser noted that the resolution dates should be changed to May 9m.
On the conditions of approval, condition one in the second line shows the date as
October 15, 2001, the plans I have are dated by hand 1/6/02. the dates all need
to be changed to 01 /06/02.
Motion was made by Commissioner Kiser to approve Variance No. 2002 -002 with
the amendments to the resolution and conditions as previously indicated.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
SUBJECT: Mortazavi Triplex
1324 W. Balboa Boulevard
• MD 2001- 109(PA2001 -193)
Request for an addition and alteration of an existing nonconforming triplex. The
existing triplex is nonconforming because it is located in the R -2 District 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 requested this item be continued to June 6, 2002 at the request of the
applicant.
Motion was made by Chairperson Tucker to continue this item to June 6"h.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
SUBJECT: Capital Improvement Program
Review of the Fiscal Year 2002 -2003 Capital Improvement Program for consistency
with the General Plan, Zoning Code, and other planning policy documents.
The following items were discussed by the Planning Commission and staff:
• Mariner's Mile Phase 11 for streetscape, street furnishings and sidewalks. This
focuses on the Mariner's Village area between Tustin and Riverside where
there is more pedestrian activity. None of this money is Intended for traffic
improvements.
• Fire Station # 7 for Santa Ana Heights. This is within the City's sphere of
influence and the annexation is expected by September 2002. This fire
station will also provide protection for the northern most area of the City in
the airport area since the County Fire Authority station has been closed
INDEX
Item 3
PA2001 -158
Continued to
06/06/2002
Item 4
Discussion
City of Newport Beach
Planning Commission Minutes
May 9, 2002
• Coastal Access and Pedestrian Circulation Improvements. This is a sub
account of the General Fund and receives roughly $300,000 annually from
ocean front encroachments.
• Marine Education Facility at Shellmaker Island. The remainder of monies will
be coming from the State and other fund raising efforts, it has not been
completely funded yet. The County is contributing funds because a portion
of the facility will be a local testing lab for water quality purposes.
• Avon Street Extension /Cul -de -Sac. The City's contribution is about $200,000.
The property owners will also be contributing a yet to be determined
amount.
• Balboa Village Improvement Project - Phase II. The purchase of the property
behind the Balboa Market is the little lot where the parking is now.
Following a brief discussion, motion was made by Chairperson Tucker to find that the
Capital Improvement Program is consistent with the General Plan, Zoning Code,
and other planning policy documents.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
• ADDITIONAL BUSINESS:
a) City Council Follow -up - Ms. Wood reported that at the City Council meeting
of April 23rd there were no planning items.
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 - none. .
d) Report from Planning Commission's representative to the Local Coastal
Plan Update Committee - Ms. Temple reported that a Scope of Services
had been received for the Biological Report. Tomorrow, proposals on the
Public Safety Report are anticipated as well as proposals on the parking.
These are technical reports that will be used for the LCP and the General
Plan Update.
e) Matters that a Planning Commissioner would like staff to report on at a
subsequent meeting - Ms. Wood reported that the Parks, Beaches and
Recreation Commission had the Issue of the removal of the fichus trees on
their agenda Tuesday night. It was voted to approve staff's
recommendation to remove the fichus trees and replace them with Coral
Gum trees. That decision is subject to City Council call up.
0 f) Matters that a Planning Commissioner may wish to place on a future
INDEX
Additional Business
City of Newport Beach
• Planning Commission Minutes
May 9, 2002
on Carnation.
g) Status report on Planning Commission requests - none
h) Project status - none
i) Requests for excused absences - Chairperson Tucker noted he would be out
on May 23rd as did Ms. Sharon Wood.
ADJOURNMENT: 7:20 p.m.
EARL MCDANIEL, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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Adjournment