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HomeMy WebLinkAbout01/24/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers doh °cn� TIME: 7:30 P.M. DATE: January 24, 1991 CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX All Commissioners were present. (Commissioner Pomeroy arrived at 7:58 p.m. s x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • x x x Chairman Debay led an invocation in recognition of the troops in the Persian Gulf and their families. x x x Minutes of January 10, 1991: Minutes 6f Motion Motion was made and voted on to approve the January 10, 1/10/91 Ayes * * 1991, Planning Commission Minutes. MOT10N CARRIED. Absent x x x Public Comments: Public Comments Mr. Gordon Graham, Lido Isle, owner of Graham Brothers Heating and Air Conditioning, appeared before the Planning Commission. Mr. Graham read a statement requesting that the Zoning Code be amended in conjunction with sound attenuation requirements for air conditioning equipment on residential lots. • January 24, 1991 COMMISSIONERS � �Oddca •AO � �,t f CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * After discussion, a motion was made and voted on to direct staff to Ayes * * * review the Ordinance, and bring back possible revisions to the Absent Commission for review. MOTION CARRIED. s s s Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, January 18, 1991, in front of City Hall. Planning Commission Review No. 10 (Discussion) Item No.1 Request to review a previously approved Planning Commission PCR No. 10 • Review which reviewed the off - street parking proposed in Approved conjunction with the establishment of the Harbor Club yacht club on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan. The current review involves the recent reopening of the second floor restaurant and the available on -site parking for the entire development. LOCATION: A portion of Lot 170, .Block 2, Irvine's Subdivision, located at 3333. West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5. APPLICANT: Haseko, Inc., c/o Ficker and Ruffing Architects, Newport Beach OWNER: County of Orange Mr. Bill Ficker, 522 West Ocean Front, appeared before the Planning Commission as the Consultant /Planner for the applicant. -2- COMMISSIONERS January 24, 1991 MINUTES 'd W A CITY OF NEWPORT BEACH ROLL CALL III fill INDEX In response to questions posed by Commissioner Pers6n regarding the subject review without public notice, William Laycock, Current Planning Manager, explained that Planning Commission Review No. 10 was based on Condition No. 6, Variance No. 1148, approved by the City Council on February 13, 1989, to review the on -site parking requirement prior to the establishment of the Harbor Club yacht club, the restaurant, and ancillary uses on the site. James Hewicker, Planning Director, gave a brief history of the proceedings that took place after the Variance was approved by the City Council relating to the review of. the on -site parking. Mr. Hewicker referred to Condition No. 3, Planning Commission Review No. 10, February 8, 1990, stating that the Planning Commission shall review the available on -site parking prior to reopening the restaurant facility on the property. In further response to questions posed by Commissioner Pers6n, Mr. Hewicker stated that the Harbor Club and the restaurant do not operate in accordance with the approval of use permits inasmuch as the restaurant on the site operated prior to the time when a use permit was required, and the approval of a use permit was not required when the yacht club was established. Mr. Hewicker emphasized that the subject Planning Commission Review does not affect the operation of the restaurant, and the only use that would be affected by said Review would be the Harbor Club. In response to questions posed by Commissioner Edwards, Mr. Hewicker explained that there is one existing restaurant on the site, and a yacht club that did not require the approval of a use permit. Mr. Hewicker stated that as a condition of approval the Planning Commission would be able to review the operation of the yacht club in conjunction with the occupancy of the building, so that if there would be a problem with the yacht club, there would be a method to address the use because there would not be a procedure to review the operation of the restaurant. Mr. Hewicker further replied that there have been no complaints regarding the on -site parking. • -3 COMMISSIONERS January 24, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made that Condition No. 3 of the Planning Commission's August 24, 1989, approval of Planning Commission Review No. 10 be amended to read as follows: 3. That the Planning Commission shall have the right to review this matter at any time that it determines that the amount of available on -site parking is inadequate to satisfy the parking demand of the various uses on the site. Should the Planning Commission determine that the on -site parking is inadequate to meet the parking demand for the various uses on the site, the operation of the yacht club shall be correspondingly reduced. Commissioner Pers6n concurred with the subject condition; however, he questioned if the Planning Commission Review is enough of a procedure to make the changes that are indicated in . the condition. He stated that the condition is appropriate considering the uses on the property; however, he said the condition should be in conjunction with the most appropriate type of discretionary approval. Commissioner Pers6n asked if the Planning Commission could make changes to the operation of the property without a public hearing. Commissioner Edwards supported the motion based on the conditions of approval, Planning Commission Review No. 10, that were approved at the February 8, 1990, Planning Commission meeting, and he approved the manner procedurally on how it comes to the Planning Commission. In response to Mr. Ficker's concerns regarding the foregoing condition and the operation of the yacht club, Mr. Hewicker explained that the property could be utilized to the maximum so long as there is not a parking problem. In response to a question posed by Commissioner Pers6n, Mr. Hewicker explained that when the building was built, the project met the parking requirements that were in existence at that time. In reference to Mr. Ficker's concerns, Commissioner Di Sano suggested that the last sentence • -4- COMMISSIONERS January 24, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX of the foregoing condition be amended to state "..the operational characteristics of all tenants shall be correspondingly reduced ", and delete "yacht club ". Mr. Hewicker addressed Condition of Approval No. 3, in conjunction with Planning Commission Review No. 10 at the Planning Commission meeting of August 24, 1989, wherein he stated that a portion of the foregoing condition is identical to the condition that was approved by the Commission on August 24, 1989. Mr. Hewicker stated that on February 8, 1990, the Planning Commission amended the condition so as to review the on -site parking prior to reopening the restaurant facility on the property. Ayes No * The foregoing motion was voted on, MOTION CARRIED. Absent s s ■ • Use Permit No. 3050 (Amended )(Public Hearing) item No.2 Request to amend a previously approved use permit which UP3050A permitted the establishment of a restaurant with on -sale alcoholic beverage and live entertainment on property located in the M -1 -A Approved District. Said approval also included the use of an off -site parking area for a portion of the required off - street parking spaces on a lot located at 4040 Campus Drive. The proposed amendment involves a request to change the hours of operation of the restaurant from 6:00 a.m. to 2:00 a.m. daily, whereas the existing approval limits the hours of operation from 11:30 am. to 2:30 p.m. and from 5:30 p.m. to 12:30 am. daily. The proposal also includes a request to amend an existing Condition of Approval No. 17 of the original use permit which prohibits the installation of a cocktail lounge or bar within the restaurant, so as to allow the establishment of a bar with 14 stools or seats within the restaurant. LOCATION: Lots No. 11, 12, 50 and 51, Tract No. 3201, located at 3950 Campus Drive, on the northeasterly corner of Campus Drive and Quail Street (i.e., restaurant site) and the • -5- COMMISSIONERS January 24, 1991 MINUTES • N 'p CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX easterly side of Campus Drive between Quail Street and Dove Street (i.e., off -site parking site), across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Campus Square, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Ms. Brandy J. Fakier, property manager, appeared before the Planning Commission. Ms. Fakier addressed the change of uses that have occurred on the subject site. She requested that the off- site requirement be removed inasmuch as there is adequate parking • on -site, and she said that the cocktail lounge would be ancillary to the restaurant. Mr. Kenneth Golden, President of the Corporation that will operate the subject restaurant, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A ", and he addressed Condition No. 14 stating that the restaurant shall be limited to a maximum of 2,000 square feet prior to 5:30 p.m. Mr. Golden referred to the 570 square feet of space that will be closed off during the daytime hours. Mr. Golden stated that the restaurant will specialize in New England and East Coast seafood. There being no others desiring to appear and be heard, the public hearing was closed at this time. notion Motion was made and voted on to approve Use Permit No. 3050 All Ayes (Amended) subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. 0 -6- COMMISSIONERS January 24, 1991 o A CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX FINDINGS: 1. The proposed changes in the operational characteristics of the restaurant is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed changes in the operational characteristics of the restaurant use can be adequately served by existing on -site parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the waiver of development standards as they pertain to parking illumination, walls, landscaping, and signage will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of Use Permit No.3050 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations. -7- COMMISSIONERS MINUTES January 24, 1991 0\ N CITY OF NEWPORT BEACH ROITCALL III Jill INDEX 2. That all signs, other than the existing monument sign, shall conform to the provisions of the Newport Beach Sign Ordinance. 3. That a sign be posted on the business frontage on Campus Drive which advises patrons of the availability and location of parldng spaces at the rear of the building. 4. That all previous applicable conditions of approval of Use Permit No. 3050 shall remain in effect in conjunction with this approval. 5. That restaurant development standards pertaining to walls, parldng lot illumination, and landscaping shall be waived. 6. That dancing shall not be permitted in conjunction with this • restaurant unless an amendment to this use permit is first approved by the Planning Commission. 7. That the sound from the live entertainment shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when live entertainment is conducted on the site. 8. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility or its activities. 9. That trash areas and mechanical equipment shall be shielded or screened from view of public streets and adjoining properties. 10. That the proposed bar shall be ancillary to the serving of meals in the restaurant facility. 11. That the required number of handicapped parldng spaces shall be designated within the on -site parldng area and shall . -8- COMMISSIONERS January 24, 1991 MINUTES \�\ "'k\ CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX be used solely for handicapped self- parldng. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 12. That prior to issuance of the certificate of occupancy or implementation of this use permit approval, the parldng lot striping shall first be completed in conformance with the plans approved by the. City Traffic Engineer. 13. That the hours of operation shall be limited between the hours of 6:00 am. and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. 14. That the "net public area" utilized by the restaurant prior to 5:30 p.m., shall be limited to a maximum of 2,000 sq.ft. A physical barrier or partition acceptable to the Planning . Department shall be utilized to reduce the "net public area" during daytime hours prior to 5:30 p.m. 15. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 16. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -9- COMMISSIONERS January 24, 1991 MINUTES � a �o I �0 \ CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3071 (Amended) ftblic Hearing) item No.3 Request to amend a previously approved use permit which allowed ur3071A the expansion of the operational characteristics of the existing Approved Newport Beach Tennis Club. The proposed amendment includes a request to construct a new fitness center for the exclusive use of the tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the additional parking provided. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. • ZONES: R- 4 -B -2, P.R.D. and C -N -H APPLICANT: Newport Beach. Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert Pfahler, Manager, appeared before the Planning Commission. Mr. Pfahler addressed Exhibits "A" and 'B ", Condition No. 5, stating that the hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays wherein he stated that most of the fitness clubs in the area open at 6:00 a.m. to allow members use of the club prior to going to work in the morning, and he requested that Condition No. 5 be amended to allow the facility to be open by 6:00 a.m. daily. Mr. Pfahler addressed Condition No. 6 in Exhibits "A" and 'B ", stating that all doors and windows shall be kept closed at all times during the operation of the fitness center, and he stated that because the music associated with the dance and aerobic activities only consists of one part of the fitness center and the noise will emit only during the dance and aerobic classes, that the condition be amended to • -10- COMMISSIONERS January 24, 1991 MINUTES ,o �O y� A '4 \O' CITY OF NEWPORT BEACH ROLL CALL INDEX state 'be kept closed at all times during aerobic activities ". Mr. Pfahler explained that the small windows open only toward the shopping center and the swimming pool. Commissioner Persbn addressed previous public hearings in conjunction with the tennis facility and concerns expressed by the adjoining residents, wherein he indicated that he would not support the requested changes to the. conditions. He suggested that after the facility has been opened and has adhered to the approved conditions, the Planning Commission could review the request to amend the foregoing conditions. William Laycock stated that the hours of operation as indicated in Condition No. 5 in Exhibits "A" and 'B ", are the identical hours of the tennis club, with the exception of luaus and other permitted special events. In response to a question posed by Mr. Hewicker, Mr. Pfahler replied that the tennis club has new owners since the last public hearing. Mr. Hewicker addressed the problems that have occurred between the tennis club and the residents during previous years, and he advised that rather than change the foregoing conditions as requested, the applicant could come back to the Planning Commission to amend the use permit after the fitness center becomes established. In response to questions posed by Commissioner Merrill, Mr. Pfahler replied that a survey indicated that 250 tennis players have shown an interest in the fitness center and he speculated that one- third of those members would use the fitness center in the early morning and evening. In response to a question posed by Chairman Debay, Mr. Pfahler replied that the fitness center could accommodate 30 members in the aerobic area and 12 members in the fitness area at one time. • -11- COMMISSIONERS January 24, 1991 MINUTES o� CITY OF NEWPORT BEACH ROtt CALL INDEX Commissioner Pomeroy addressed the foregoing Condition No. 6, in Exhibits "A" and "B" regarding the closure of the windows and doors, and he commented that he did not agree that the doors and windows should be closed all day if there is no noise or music generating from the fitness center. He stated that on the basis that since there have been no complaints under the new management, the Planning Commission should allow the fitness center to open at 6:00 am. to accommodate the members who wish to use the facility prior to going to work, and at a later date bring back the use permit for review. Commissioner Edwards stated that it would not be unreasonable to limit the operating hours from 7:00 am. to 10:00 p.m. inasmuch as said hours would coincide with the tennis club's hours during the week, and the club is under the flight pattern of the John Wayne Airport. He addressed concerns for the neighbors residing on the back tennis courts; members arriving before 6:00 a.m.; and members currently arriving before 7:00 a.m. Commissioner Edwards opposed the applicant's request to amend Condition No. 5 in Exhibits "A" and "B'; however, he supported the request to amend Condition No. 6 in either exhibit. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission. Mr. Pegg opposed the request to amend the operating hours to 6:00 a.m. and he questioned who would monitor the noise emitting from the fitness center if the doors and windows would be open. Mr. Pfahler reappeared before the Planning Commission in rebuttal to the previous testimony wherein he advised that the tennis club is opened at 7:00 a.m. by the receptionist and there is absolutely no activity at the club prior to that time. In response to a question posed by Commissioner Pers6n, Mr. Pfahler replied that the fitness center would be air conditioned; however, he said it would be their desire to utilize the air conditioning only during the aerobic classes when music is played w -12- COMMISSIONERS January 24, 1991 MINUTES A ��� \CITY OF NEWPORT BEACH ROLL CALL INDEX and the remaining time the windows would be open to allow a breeze through the building. Mr. Mark Keller, architect, appeared before the Planning Commission wherein he stated that the fitness center will be built with operable windows and that it would be environmentally insensitive to ignore the capabilities of outdoor ventilation during certain times of the year. Mr. Keller pointed out that the activities located in the aerobic center would be appropriately sound attenuated, and would satisfy sound needs without forcing a waste of energy. Mr. Keller referred to Exhibit "A", Condition No. 3 requesting the restriping of the parking lot. He said that a portion of the parking lot could be restriped to remove compact parking spaces to the universal space of 8 -1/2 feet by 17 feet; that Exhibit "B" requires restriping the existing parking lot to universal parking spaces; the 45 current compact parking spaces in the existing • parking lot are 8 feet by 17 feet and the remaining parking spaces are 9 feet by 18 feet or 19 feet. Mr. Keller stated that the applicant would not be opposed at a future date to restripe the parking lot to universal parking spaces, but he said that it is currently an unnecessary economic expense. Mr. Keller addressed the expense to construct the remote parking facility to add parking to the tennis club, and he advised that modifications would be made to meet the universal parking space requirement. Mr. Keller stated that Exhibits "A" and "B" are feasible, and he said the applicant is willing to decrease the number of compact parking spaces to 23 percent. In response to a question posed by Chairman Debay, Mr. Keller replied that the applicant concurs with Exhibit "A" inasmuch as 90 to 95 percent of the parking is an existing parking lot; however, the applicant would reluctantly agree with Exhibit "B ", that would require the entire parking lot to be restriped with the universal parking standards. Mr. Keller concurred with the findings and conditions in Exhibits "A' and "B" with the exception of the previous concerns regarding Conditions No. 5 and No. 6. • -13- COMMISSIONERS MINUTES .o January ?A, 1991 CITY OF NEWPORT BEACH ROLL- CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3071 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Edwards addressed the concerns that were expressed by the homeowners in the area during previous public hearings. Commissioner Pomeroy emphasized it is not in the public's interest that doors and windows would be required closed when noise is not being generated, when energy is important, and the area's natural resources are not being used. Commissioner Merrill opposed the motion based on the location of the facility in the residential area, and what an expansion of the • operation would impose on the residents. Commissioner Pomeroy supported the motion on the basis that the applicants have a right to come back to the Planning Commission to modify the foregoing Conditions No. 5 and No. 6. Commissioner Pers6n stated that Exhibit "B" would increase the Substitute number of parking spaces. Substitute motion was made to approve Motion the findings and conditions in Exhibit 'B" (with universal parking spaces). Commissioner Pomeroy suggested that Condition No. 3 be amended to give the applicants time to restripe the parking lot. The maker of the substitute motion agreed. Following a discussion, it was agreed that the applicants would be allowed a time frame of 6 months after occupancy to restripe the existing parking lot. Commissioner Di Sano supported the substitute motion. He concurred with Commissioner Pomeroy's foregoing comments regarding the open windows and the opening hour of 6:00 a.m., and he agreed that the applicant could come back to the Planning Commission at a later date to amend the use permit. . -14- COMMISSIONERS january 24, 1991 MINUTES A \ � \ CITY OF NEWPORT BEACH ROLL CALL INDEX Ayes * * * * * The motion was voted on to approve Use Permit No. 3071 No * (Amended) subject to the findings and conditions in Exhibit "B" (with universal parking spaces), including amended Condition No. 3 stating that the restriping of the parking lot shall be completed 6 months after occupancy. MOTION CARRIED. Final: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the proposed development. • 3. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the proposed project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3071 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in . -15- COMMISSIONERS January 24, 1991 MINUTES �o� CITY OF NEWPORT BEACH ROLL CALL INDEX the neighborhood or the general welfare of the City and furtber that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, parking plans and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 (Amended October 22, 1987) shall be fulfilled. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. The applicant shall prepare a revised parking plan which complies with the universal parking standard and which eliminates all existing and proposed compact parking spaces. Said plan shall be prepared and approved by the City Traffic Engineer prior to the issuance of building permits, and shall provide approximately 155 parking spaces. The restriping of the existing parking lot shall be completed 6 months after occupancy. 4. That the design and grading of the new satellite parking area shall be subject to the approval of the Public Works Department and the City Traffic Engineer. 5. That the hours of operation of the proposed fitness center shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays. -16- COMMISSIONERS January 24, 1991 .o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6. That all music from the aerobic /dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for . handicapped self- parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That sight distance be provided in conformance with the City Sight Distance Standard 110-L at the intersection of the private drive and the parking lot. 11. That the footing on the proposed retaining wall, located adjacent to the ten (10) foot easement, be deepened so that with a forty-five degree projection from the bottom of the existing sewer main to the bottom of the proposed retaining wall footing the retaining wall will not be under -cut. 12. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the_ health, safety, peace, morals, comfort, or general welfare of the community. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section • 20.80.090A of the Newport Beach Municipal Code. -17- COMMISSIONERS January 24, 1991 MINUTES 0� �0 CITY OF NEWPORT BEACH ROLL CALL INDEX The Planning Commission recessed at 8:50 p.m. and reconvened at 8:55 p.m. Use Permit No. 3407 (Public Hearing) item No.4 Request to establish a commercial dry- cleaning establishment and UP3407 an on -site plant in a vacant tenant space on property located in General Commercial Site No. 1 of the Newport Place Planned Approved Community. LOCATION: Lot 2, Tract No. 7694, located at 3601 Jamboree Road, on the northwesterly corner • of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Elie Samaba, Los Angeles OWNER: Champion Development Company, Long Beach . The public hearing was opened in connection with this item, and Mr. Elie Samaha, applicant, appeared before the Planning Commission. Mr. Samaha distributed a brochure to the Planning Commission regarding the dry cleaning machine that will be used by the establishment, and he commented that he has an existing dry cleaning facility located at 2700 West Coast Highway that has used the equipment since 1988. Mr. Samaha concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at time. • -18- COMMISSIONERS January 24, 1991 : �� A �A CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to approve Use Permit No. 3407 All Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the approval of Use Permit No. 3407 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or residents. 5. That any roof top or other mechanical equipment shall be screened from view of adjoining properties and streets and shall be sound attenuated to be no greater than existing sound levels at the property lines. 6. That prior to the on -site cleaning and laundering, a licensed engineer practicing in acoustics, retained by the City at the -19- COMMISSIONERS January 24, 1991 MINUTES A CITY OF NEWPORT BEACH ROLL CALL INDEX applicants expense shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed existing sound levels at the property lines. 7. That any outdoor trash containers shall be screened from adjoining properties and roadways. 8. That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 9. That all employees shall park on site. 10. That the parking lot layout shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be • approved by the City Traffic Engineer. 11. That all improvements be constructed as required by Ordinance and the Public Works Department. 12. That all vehicular access rights to Bristol Street North, except at the new driveway, be released and relinquished to the City of Newport Beach by the property owner. 13. That an access ramp be constructed at the comer of Bristol Street North and Dove Street and at the drive aprons on Bristol Street North and on Dove Street. That cracked and displaced sections of sidewalk be reconstructed along the Dove Street, Bristol Street North and Jamboree Road frontages, and that the broken water meter box be replaced on Dove Street. That all work be completed under an encroachment permit issued by the Public Works Department on Dove Street and Jamboree Road and under a Caltrans Encroachment Permit on Bristol Street North. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -20- COMMISSIONERS January 24, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. A Amendment No 720 (Continued Public Hearing) Item No.5 Request to amend a portion of Districting Map No. 9 so as to A720 establish a 10 foot front yard setback along the West Ocean Front (Resolutio frontage of the subject property. No. 1241) AND Approved B Resubdivision No 947 (Continued Public Hearing) Request to resubdivide four existing lots and a portion of an alley Resub 947 which is proposed to be vacated, into four parcels of land for two unit residential condominium development on property located in Approved the R -2 District. The proposal includes an exception to the Subdivision Code so as to allow the creation of three interior parcels which are less than 50 feet wide and less than 5,000 square feet in area and one comer parcel which is less than 60 feet wide and less than 6,000 square feet in area. LOCATION: Lots 10-13, Block 14, Tract No. 234, and portions of two alleys, located at 100 -106 15th Street, on the northeasterly comer of 15th Street and West Ocean Front, on the Balboa Peninsula. ZONE: R -2 APPLICANT: 1420 West Oceanfront Partnership, Newport Beach -21- COMMISSIONERS January 24, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar Chairman Debay addressed the Subdivision Code wherein she asked if the subject location is an area of the City where there will be exceptions, and she asked if an interior parcel 50 feet wide is an unrealistic requirement: to be written into the Subdivison Code. James Hewicker, Planning Director, responded negatively and he explained that the subject property is in an area where the parcels were subdivided many years ago when the prevailing lots were smaller than for new lots in the City. The public bearing was opened in connection with this item, and Mr. Bill Peterson, 1020 West Balboa Boulevard, applicant, appeared before the Planning Commission. Mr. Peterson concurred with the findings and conditions in Exhibit W. He stated that the subject property would be downscaled from 16 apartments to 8 residential condominiums and would be in conformance with the General Plan. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Amendment No. 720 All Ayes (Resolution No. 1241) and Resubdivision No. 947 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -22- COMMISSIONERS January 24, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 1 Jill INDEX 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That there are special circumstances affecting the property since the new parcels to be created will be no smaller than parcels established by the original subdivision of the area. 5. That the proposed parcels are similar in size to other parcels in the same block of the subject property. 6. That the granting of the requested exceptions will not be detrimental to the public welfare or injurious to other properties in the vicinity of the subject property. 7. That if the exceptions were denied, the petitioner would be deprived of a substantial property right enjoyed by others in • the area. 8. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDMONS: 1. That a parcel map be recorded prior to issuance of any grading or building permits. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. -23- COMMISSIONERS MINUTES � January 24, 1991 p � YPd d pp �' CITY OF NEWPORT BEACH ROLLCALLI 11 fill INDEX 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the existing drive apron be removed and replaced with curb and sidewalk and that the existing sidewalk be reconstructed along the 15th Street frontage under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 9. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 10. That the existing alley located on the easterly side of the project be abandoned prior to issuance of any grading or building permits; that the alley vacation be recorded concurrently with the parcel map; and that all utilities are relocated prior to abandonment of the alley. 11. That the existing garage, located on the easterly side of the alley to be vacated, be relocated or reconstructed so as to set back a minimum of 5 feet from the existing alley parallel • to West Ocean Front and that the garage door access be 24 COMMISSIONERS january 24, 1991 MINUTES .a d po N N CITY OF NEWPORT BEACH ROLL CALL INDEX relocated to the north side of the garage. This work shall be completed prior to issuance of any grading or building permits for the subject project and prior to recordation of the alley vacation document for the alley located on the easterly side of the subject project. 12. That sight distance be maintained at the intersection of West Ocean Front and 15th Street so as to provide visibility between pedestrians and bicycles. No landscaping or improvements over 36 inches shall be allowed within the sight distance plane. 13. That the intersection of 15th Street and the alley be designed to provide adequate sight distance. The sight plane line shall be measured from 5 feet behind street right- of-way at the alley setback line and project 15 feet along the property line on 15th Street. Landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight plane shall not exceed twenty -four inches in height. 14. That prior to the recordation of the parcel map, all structures on the subject property shall be removed. 15. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 16. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • -25- COMMISSIONERS January 24, 1991 MINUTES .o �O �'� 0 ' \\10 CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX Amendment No. 722 (Continued Public Hearing) Item No.6 Request to amend Title 20 of the Newport Beach Municipal Code x722 so as to require a public hearing for the establishment of grade and to establish appropriate application procedures for the (Resol. No consideration of such a request. 1240) Approved INMATED BY: The City of Newport Beach James Hewicker, Planning Director, addressed the Planning Commission meeting of January 10, 1991, when the Commission considered the first draft of Amendment No. 722 and recommendations were made to staff. Mr. Hewicker referred to Commissioner Pomeroy's suggestion that would allow an administrative change in the way to establish grade on a lot by drawing a straight line between the front and rear property lines, • and he referred to the illustrations that were distributed to the Planning Commission by staff depicting how the suggestion might apply to previous requests of Establishment of Grade that were previously heard by the Planning Commission. Commissioner Pomeroy stated that it was his intent to give staff some latitude; however, he indicated that the way his recommendation was written into the draft amendment could change the condition by 8 feet or 9 feet. He explained it was his intent to give staff the flexibility of an administrative adjustment of two feet or three feet, and beyond that, it would be necessary for the Planning Commission to review the request. Commissioner Pomeroy, Mr. Hewicker and William Laycock, Current Planning Manager, discussed the grading conditions that could be caused by tree roots, furnaces, etc. and the visual affect that it would have on the neighborhood. Commissioner Edwards stated that while the present statute is somewhat inappropriate, it is more appropriate than the proposed draft, and he said that it would be his inclination to leave the statute as is knowing that the Planning Commission is sensitive to the issue. Commissioner Pers6n addressed the inclusion of Site Plan Review • to the establishment of grade. Mr. Hewicker stated that the -26- COMMISSIONERS January 24, 1991 o �o O 3� c� Ik �0�� \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX proposed Amendment would only delete Section 20.02.025 B. (3) in the draft amendment. Commissioner Pomeroy indicated that the architects that volunteer to work with staff have similar concerns that the Planning Commission has regarding unnatural construction. Mr. Hewicker referred to the letter from Brion S. Jeannette & Associates Inc. dated January 24, 1991, regarding the subject amendment. Mr. Hewicker stated that Mr. Jeannette suggested a topographical survey required at each building site, and using the topographical information from the existing property and the lots on either side, that between the building designer or architect and planner, that they try to reconstruct what the contour lines were on the property prior to the construction of the first house. Mr. Hewicker stated that the City's Grading Engineer indicated that, at best, it would be subject to wide and varied interpretations. • Commissioner Glover stated her opposition to a Design Review Board similar to what exists in Laguna Beach, and she suggested that the Planning Commission consider the amendment through their own means. Commissioner Pomeroy suggested that the proposed amendment delete Section 20.02.026 B. (3). He referred to the kinds of problems that should be administratively accomplished and the requests that should not be considered, such as a three story structure unlike the neighborhood; however, he said that a property owner should not be penalized because an individual installed a gravity furnace many years ago. The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion * . Motion was made and voted on to adopt Resolution No. 1240, recommending to the City Council the adoption of Amendment No. 722, with the deletion of Section 20.02.026 B. (3) amending Title 20 of the Newport Beach Municipal Code. Commissioner Pers6n -27- COMMISSIONERS MINUTES � A January 24, 1991 N\N'P\ 0 f CITY OF NEWPORT BEACH ROLL CALL INDEX stated that the local Chapter of American Institute of Architects would have an opportunity to appear before the City Council with All Ayes respect to the proposed Amendment. MOTION CARRIED. s r � Amendment No. 724 (Public Hearin¢) Item No . 7 Request to amend Title 20 of the Newport Beach Municipal Code A724 so as to allow the enclosure of commercial parking spaces during non - business hours. . Noo. . 1 12x42) INITIATED BY: The City of Newport Beach Approved Commissioner Persdn indicated that he has such a garage door; • however, he said that it was determined by the City Attorney's Office that if he took action on this item, that it would not have a direct financial impact, and on that basis, he would not step down from the dais. The public bearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public bearing was closed at this time. Motion * Motion was made and voted on to adopt Resolution No. 1242, All Ayes recommending to the City Council the adoption of an Ordinance to implement the allowance of enclosed commercial parking spaces. MOTION CARRIED. • -28- COMMISSIONERS MINUTES January 24, 1991 mod£ dF A �' CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Amendment No. 725 Public Hearine) Item No.a Request to amend Title 20 of the Newport Beach Municipal Code A725 so as to allow the increased height of chimneys. (Resol. INITIATED BY: The City of Newport Beach No. 1243) Approved William Laycock, Current Planning Manager, addressed the addendum to the staff report wherein staff suggested that if the Planning Commission approved the Amendment, that .Section 20.02.060 a. be revised to read "That the overall dimensions of the chimney shall be limited to 2 feet by 4 feet for any portion of the. structure above the roof." He explained that the recommendation allows a larger chimney at the ground; however, it restricts the size of chimneys that exceed the Uniform Building Code requirements. • James Hewicker, Planning Director, explained that if a chimney would be between 2 and 3 feet above the roof at a distance of 10 feet, that the mass of that chimney above the roof would not be allowed to exceed 2 feet by 4 feet. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that the roof was chosen instead of the height limit because it is the portion of the chimney above the roof that restricts the view. He further explained that the chimney cannot exceed more than 2 feet by 4 feet from the point that it penetrates the roof, and that would apply whether there would be one stack or two stacks, one, two or three vents. Mr. Laycock stated that two vents would fit into a 2 foot by 4 foot chimney. The public hearing was opened in connection with this item, and there being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Resolution No. 1243, All Ayes recommending to the City Council the adoption of Amendment No. 725, including the foregoing revision to Section 20.02.060, an amendment to Title 20 of the Newport Beach Municipal Code so • as to allow the increased height of chimneys. MOTION CARRIED. -29- COMMISSIONERS January 24, 1991 MINUTES o a \0�\\loCITY OF NEWPORT BEACH ROLL CALL INDEX t • Y ADJOURNMENT: 9:25 p.m. Adjournment THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • i -30- Ll