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Home My WebLink About15 - Planning Commission Agenda - 1-19-2006CITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA REPORT Agenda Item No. 15 January 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patricia Temple, Planning Director ptem ple @city. newport- beach. ca. us SUBJECT: Planning Commission Agenda for January 19, 2006 Report of the actions of the Planning Commission Regular Meeting: Item 1: The minutes of January 5, 2006 were approved as corrected. (All Ayes) Item 2: Stephen Sheldon 14 Old Course Drive Appeal of the approval of Modification Permit No. 2005 -103 for a 1 -foot encroachment of a detached accessory structure within a required rear yard setback. The applicant requests a 5 -foot encroachment within a required 10 -foot rear yard setback as originally proposed within the application. The discussion of the Planning Commission focused on the the size and shape of the lot, and the location of nearby structures. After finding that there were no adversely affected properties, the Planning Commission overturned the ruling of the Zoning Administrator and granted the appeal for the original request; however, it is subject to appeal by the public or City Council. (4 Ayes, 3 Noes). Item 3: Sober Living by the Sea 2811 Villa Way Request for approval for Use Pen-nit No. 2005 -031 to allow a substance abuse counseling center. The application also requests the approval of an Off -Site Parking Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807 Lafayette Avenue, accommodating 12 employee parking spaces, two pair of which will be in tandem configuration. Additionally, a parking waiver of 43 spaces is requested in association with the use. There was extensive testimony by the public and discussion by the Planning Commission on the Use Classification applied to the use by the Planning Director on the item. Additionally, the location of the municipal parking supply was an issue for some Commissioners. Because the Commission felt there was insufficient information regarding the potential occupancy of the total facility, the item was Planning Commission Agenda January 19, 2006 Page 2 continued to February 90 with the concurrence of the applicant to allow more time for additional information related to concerns discussed during deliberations. (4 Ayes, 2 Noes, 1 Recused) Item 4: Mariner's Mile Gateway (PA2004 -141) 100 -600 West Coast Highway Request for approval a Use Permit, Modification Permit and Development Plan, to allow the development of a 56,000 square foot shopping center and two -level subterranean parking garage. The site is approximately 2.57 acres and is currently occupied by 8 detached commercial structures that would be removed. The request includes consideration of a Use Permit to allow buildings to exceed the base height limit of 26 -feet up to a maximum height of 35 feet, a Modification Permit to allow a commercial building to encroach into the required 5 foot wide rear yard abutting residential properties to the north, and a Modification Permit to allow a landscape planter to be built less than the required width of 4 feet along Coast Highway. The project also includes right -of -way dedication along Coast Highway for widening of Coast Highway adjacent to the project site, installation of a traffic signal on Coast Highway, grading, landscaping, site lighting and site walls. The Planning Commission at this hearing only considered the Resolutions for Approval. They discussed the findings related to alteration of the slope, and added language in the findings on the practicality of preserving it. They also adjusted the language of several conditions; then, the Resolution for approval was adopted. The item is subject to appeal by the public or City Council. (All Ayes) Item 5: Widening Coast Highway between Dover Drive and Rocky Point Discussion of the widening or improvement of Coast Highway between Dover Drive and Rocky Point to provide three westbound lanes as a priority project for the 2006 Capital Improvement Program (CIP). This item was continued to allow staff time to present information on the status of the McDonald's Offer to Dedicate on Coast Highway. (All Ayes) Submitted by: Patricia L. Temple, Planning Director Planning: shared \Planning Commission\pcagendarpt.doc January 24, 2006 Agenda Item No. 15 NEWPORT BEACH PLANNING COMMISSION AGENDA Council Chambers - 3300 Newport Boulevard January 19, 2006 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 1 B) 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 Minutes of the regular meeting of January 5, 2006. ACTION: Approve as written and order filed. HEARING ITEMS ITEM NO. 2 Stephen Sheldon 14 Old Course Drive SUMMARY: Appeal of the approval of Modification Permit No. 2005 -103 for a 1 -foot encroachment of a detached accessory structure within a required rear yard setback. The applicant requests a 5 -foot encroachment within a required 10 -foot rear yard setback as originally proposed within the application. ACTION: Deny the appeal and deny Modification Permit No. 2005 -103 (PA2005 -225) 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 Sober Living by the Sea 2811 Villa Way SUMMARY: Request for approval for Use Permit No. 2005 -031 to allow a substance abuse counseling center. The application also requests the approval of an Off -Site Parking Agreement and a Modification Permit to allow the construction and use of an off -site parking lot located at 2807 Lafayette Avenue, accommodating 12 employee parking spaces, two pair of which will be in tandem configuration. Additionally, a parking waiver of 43 spaces is requested in association with the use. ACTION: Approve Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133 subject to findings and conditions of approval (PA2005 -136). ITEM NO. 4 Mariner's Mile Gateway 100 -600 West Coast Highway SUMMARY: Request for approval a Use Permit, Modification Permit and Development Plan, to allow the development of a 56,000 square foot shopping center and two -level subterranean parking garage. The site is approximately 2.57 acres and is currently occupied by 8 detached commercial structures that would be removed. The request includes consideration of a Use Permit to allow buildings to exceed the base height limit of 26 -feet up to a maximum height of 35 feet, a Modification Permit to allow a commercial building to encroach into the required 5 foot wide rear yard abutting residential properties to the north, and a Modification Permit to allow a landscape planter to be built less than the required width of 4 feet along Coast Highway. The project also includes right -of -way dedication along Coast Highway for widening of Coast Highway adjacent to the project site, installation of a traffic signal on Coast Highway, grading, landscaping, site lighting and site walls. A Mitigated Negative Declaration has been prepared in connection with the application noted above. The Mitigated Negative Declaration states that, with changes incorporated in the project or with mitigation measures indicated, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Mitigated Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. ACTION: Adopt the Mitigated Negative Declaration and approve Development Plan No. 2004 -001, Use Permit No. 2004 -025, and Modification Permit No. 2005 -117 subject to findings and conditions of approval (PA2004 -141). ITEM NO. 5 Widening Coast Highway Between Dover Drive and Rocky Point SUMMARY: Discussion of the widening or improvement of Coast Highway between Dover Drive and Rocky Point to provide three westbound lanes as a priority project for the 2006 Capital Improvement Program (CIP). ACTION: Discussion item 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) Report from Planning Commission's representative to the Zoning Committee - f) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - g) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - h) Status Reports on Planning Commission requests - i) Project status — j) Requests for excused absences - ADJOURNMENT: