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Home My WebLink About20 - Planning Commission Agenda - 04-07-2005CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia L. Temple (949) 644 -3232 ptemple@city.newport-beach.ca.us SUBJECT: Planning Commission Agenda for April 7, 2005 Report of the actions of the Planning Commission Regular Meeting: Item 1: The minutes of March 3, 2005 were approved. (All Ayes) Item 2: Amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to change the elevation datum reference. (PA2005 -047) This agenda item relates to the changes to elevation reference datum used by the Federal Emergency Management Agency for flooding and flood insurance rates. The changes to the reference points will make the City's Zoning Code consistent with those references, as well as consistent with parallel amendment proposed for the Building Codes. The resolution was adopted to recommend approval of Code Amendment No. 2005 -003 to the City Council, and is scheduled for consideration by the Council on April 12, 2005. (All Ayes) Item 3: The Moriarty appeal is in relation to the Director's interpretation of the provisions of the Zoning Code regarding the uses permitted in the R -A (Residential - Agricultural) zoning district. The appellant wishes to expand the existing winery on site to allow the processing of produce not grown on- site. This item was continued at staffs request to April 26, 2005. (All Ayes). Item 4: Espinoza Condo Conversion (PA2004 -040 329 Marguerite Avenue This agenda item is a Modification Permit to allow the encroachment of architectural features required by the Planning Commission in their original consideration of the condominium conversion to encroach into various setbacks. This item was approved without discussion, and is subject to appeal by the City Council. (All Ayes) Planning Commission Agenda April 12, 2005 Page 2 Item 5. Jackson Residence Variance (PA2001 -062) 3631 Ocean Boulevard This item was withdrawn by the applicant and removed from calendar. (All Ayes) Submitted by: Patricia L. Temple, Pla ning Director Planning: shared\Planning Commission\pcagendarpt.doc Agenda Item No. ?0 April 12, 2005 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard April 7, 2005 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 and 1B) 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 March 3, 2005. ACTION: Approve as written and order filed. HEARING ITEMS: 11iMIJ112[9]FA SUBJECT: Amend Title 20 (Zoning Code) of the Newport Beach Municipal Code to change the elevation datum reference (PA2005 -047) SUMMARY: Amendments to the Zoning Code to change the elevation datum reference from the National Geodetic Vertical Datum (NGVD) to North American Vertical Datum (NAVD). ACTION: Adopt resolution recommending approval of Code Amendment No. 2005 -003 to the City Council. 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: Moriarity Appeal of the Planning Director's Use Determination 2128 Mesa Drive SUMMARY: Appeal of the Planning Director's determination regarding the processing of grapes and the retail sale of wine on a property within the RA (Residential Agriculture) zone. ACTION: Uphold the appeal and allow the importation of grapes or juice to be processed into wine provided that the importation constitutes less than 50% of the total amount of grapes or juice processed at the site. ITEM NO. 4. SUBJECT: Espinoza Condo Conversion (PA 2004 -040) 329 Marguerite Avenue SUMMARY: The applicant requests to add various architectural improvements to an existing apartment building approved to be converted to condominiums. The enhancements include stone clad wall projections; window and door trim, window boxes, etc. and they are proposed to encroach within the minimum required setbacks. ACTION: Approve Modification Permit No. 2005 -014 subject to findings and conditions of approval. ITEM NO. 5. SUBJECT Jackson residence (PA2001 -062) 3631 Ocean Boulevard SUMMARY: Request for an amendment to a previously approved Variance and Modification Permit to allow an attached garage that encroaches into the front yard setback to exceed the Ocean Boulevard top -of -curb height limit where the previous approval required that the garage comply with the Ocean Boulevard height limit. ACTION: Deny the requested amendment to Variance No. 2001 -001. ADDITIONAL BUSINESS: a) City Council Follow -up - b) 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) Report from Planning Commission's representative to the Local Coastal Plan Certification Committee - e) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - f) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - g) Status Reports on Planning Commission requests - h) Project status — i) Requests for excused absences - ADJOURNMENT: