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HomeMy WebLinkAbout11/20/2014 - Planning Commission CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers—100 Civic Center Drive Thursday, November 20, 2014 REGULAR MEETING 6:30 p.m. I. CALL TO ORDER-The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE—Chair Tucker I11. ROLL CALL PRESENT: Brown, Hillgren, Koetting, Kramer, Myers and Tucker ABSENT(Excused): Lawler Staff Present: Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Benjamin Zdeba, Assistant Planner; Brittany Ramirez, Administrative Technician; Jennifer Biddle,Administrative Support Specialist IV. PUBLIC COMMENTS Chair Tucker invited those interested in addressing the Planning Commission on items not on the agenda to do so at this time. Seeing no one wishing to address the Planning Commission, Chair Tucker closed Public Comments. V. REQUEST FOR CONTINUANCES- None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 6, 2014 Recommended Action: Approve and file Chair Tucker noted that written corrections to the minutes of November 6, 2014, were submitted by Mr. Jim Mosher. Chair Tucker opened public comments. Seeing no one wishing to provide comment, Chair Tucker closed public comments. Motion made by Chair Tucker and seconded by Commissioner Brown and carried (5 — 0 — 1) to approve the Planning Commission meeting minutes of November 6, 2014, as corrected. AYES: Brown, Hillgren, Koetting, Kramer and Tucker NOES: None ABSTENTIONS: Myers ABSENT: Lawler VII. PUBLIC HEARING ITEMS ITEM NO. 2 Rankin Residence Variance(PA2014-159) Site Location: 2024 Beryl Lane Assistant Planner Benjamin Zdeba provided details of the staff report addressing location, surrounding properties, existing conditions, access to the property, existing nonconforming side setbacks and interior garage dimensions, current Zoning Code requirements, history of how the property became nonconforming, details of the proposed project, expansion of the existing garage creating a conforming garage and rationale for the variance request. Mr. Zdeba noted that if the applicant were not proposing the subject encroachments, he/she would be allowed to add up to 50 percent of the existing structure, by right, under the current, nonconforming structure provisions in the code. The proposed additions total 42 percent of the existing structure, which is well Page 1 of 3 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/14 under what is allowed by right, if there were no encroachment. He presented findings and evidence in support of the findings and recommendations. Discussion ensued between Mr. Zdeba and Commissioner Koetting regarding clarification of the setback encroachment areas and allowance of an addition aligning with the existing structure. Brief discussion followed regarding the possibility of enclosing the proposed covered patio. Chair Tucker opened the public hearing. Mike Rankin, applicant, offered to respond to questions from the Commission. Chair Tucker closed the public hearing. Motion made by Chair Tucker and seconded by Commissioner Koetting and carried (6—0) to adopt Resolution No. 1961 approving Variance No.VA2014-006. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler ITEM NO. 3 Sweeney Residence Variance and Tentative Parcel Map(PA2014-003) Site Location: 401 and 403 Heliotrope Avenue Deputy Community Development Director Brenda Wisneski presented detail of the proposed project addressing details of the requested variance, code requirements, location, surrounding properties/uses, unique attributes of the properties, grade differentials, existing conditions, construction of a retaining wall, encroachment agreement requirements, consideration by City Council, landscaping plan and required parcel map. She presented findings, evidence in support of findings and recommendations. Chair Tucker confirmed the discretionary actions to be considered by the Planning Commission at this time. In response to Commissioner Hillgren's inquiry, Ms. Wisneski commented on other nearby homes that provide access from Bayside Drive. Tony Brine, City Traffic Engineer stated he was aware of other locations but did not have the specific addresses. He added that the City does not currently have plans to create a different access. Assistant City Attorney Leonie Mulvihill reported that the use of the alley for access to the driveway will be approved through an encroachment permit. She added that the encroachment permits run with the land and is authorized through City Council policy for certain private improvements on public property. They usually involve driveways and enhanced pavement. If the City decides that it needs the public area, the encroachment can be terminated. Commissioner Kramer asked about the documentation which secured the driveway through the park. Staff indicated that several vehicle accessways were provided within the park, but the what authorized the access was not known. Discussion followed regarding encroachment permits not being within the jurisdiction of the Planning Commission. Chair Tucker opened the public hearing. Jim Mosher inquired whether the retaining wall is being built on the property line and commented on condominium conversions going before the Zoning Administrator and on a case involving the need for a Coastal Development Permit. He noted that the subject project is a subdivision and will be regarded as a development under the Coastal Act. Chair Tucker closed the public hearing. Chair Tucker commented on the retaining wall in terms of the variance and the encroachment permit. Page 2 of 3 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/14 Ms. Wisneski reported that the City is not the determining jurisdiction as to whether or not a Coastal Development Permit is required. It is the applicant's responsibility to contact the Coastal Commission. Discussion followed regarding maintenance of the retaining wall over time. It was noted that the encroachment permit would require the property owner to do so. Motion made by Commissioner Brown and seconded by Chair Tucker and carried (6 — 0) to adopt Resolution No. 1962 approving Variance No. VA2014-001 and Tentative Parcel Map No. NP2013-030. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler VIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION -None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on the General Plan/Local Coastal Program Implementation Committee Deputy Community Development Director Wisneski reported that the draft General Plan/Local Coastal Program Implementation document has been distributed to Committee Members and that arrangements are being made for the next Committee meeting. 2. Update on City Council Items Ms. Wisneski reported that at its last meeting, City Council approved the A-Frame Sign Ordinance for Balboa Village. At its next meeting, City Council will be reviewing the Balboa Village parking regulations and the appeal of the Balboa Marina West Mitigated Negative Declaration. She reviewed a tentative agenda for upcoming Planning Commission meetings. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO.7 REQUESTS FOR EXCUSED ABSENCES-None IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:01 p.m. The agenda for the Planning Commission meeting was posted on Friday, November 14, 2014, at 3:20 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Friday, November 14, 2014, at 3:25 p.m. Larry Tucker, Chair C MM , ecr ry Page 3 of 3