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HomeMy WebLinkAbout02/18/1993L CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers MINUTES ATE: February 8, 1993 ROLL CALL INDEX Present * * - Commissioner Ridgeway was absent. Absent EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary . Minutes of February 4. 1993 Minutes of 2/4/9 Motion * Motion was made and voted on to approve the February 4, 1993, Aes * * * * * * Planning Commission Minutes. MOTION CARRIED. Absent i x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. 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, February 4, 1993, in front of City Hall. s x s % MINUTES CITY OF NEWPORT BEA.R�in,a.., 1R 199 ROLL CALL INDEX Request for Continuances: Request for Mr. Hewicker requested that Item No. 6, Modification No. 4065, Continue property located at 508 Dahlia Avenue, be continued to the Planning Commission meeting of March 18, 1993, to allow the Commission time to review Amendment No. 777 regarding allowable fence heights for specific areas of the City. Discussion Item No. 1, Modification No. 3928, regarding 12 contiguous lots located in Cameo Highlands has been withdrawn by the applicant inasmuch as the landscaping in front of the wall will be implemented as originally approved by the Planning Commission. Motion Motion was made and voted on to continue Item No. 6 to the Ayes * * * * * * March 18, 1993, Planning Commission meeting. MOTION Absent * CARRIED. x x x Resubdivision No. 994 (Public Hearing) Item No. Request to resubdivide an eidsting lot into a single parcel of land 8994 for two -unit residential condominium development, on property located in the residential area of the Newport Shores Specific Plan Approved Area. LOCATION: Lot 11, Block 8, Seashore Colony Tract, located at 206 Fern Street, on the southeasterly side of Fern Street, between Canal Street and West Coast Highway, in the Newport Shores Specific Plan Area. ZONE: SP -4 APPLICANT: Mark Leithem, Newport Beach ENGINEER: South Coast Surveying, Newport Beach -2- COAUMSSIONERS K N*%\o MIN UTES CITY OF NEWPORT BEJTbH 18 1993 mJ ROLL CALL INDEX OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Mark Leithem, applicant, appeared before the Planning Commission. He concurred with the findings and conditions in . Exhibit W. 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 Resubdivision No. 994, Ayes * * * * * * subject to the findings and conditions in Exhibit "A". MOTION Absent 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 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDMONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared so that the bearings relate to the State Plane Coordinate System (NAD83) and that prior to the recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to the recordation of the parcel -3- coma%aSSIONERS , o l o �yfo�l�.p'PO�o�'o MINUTES CITY OF NEWPORT BEAFIN 18 1993 ROLL CALL INDEX map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9-330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual,. Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 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. 4. That each dwelling unit shall 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 a 5 foot by 5 foot comer cutoff be dedicated to the public for street and highway purposes at the northwesterly comer of the parcel adjacent to Fern Street so that a 4 foot wide sidewalk can be accommodated. That the curb and gutter be reconstructed at the northerly comer of the parcel to provide a 5 foot radius reverse curve transition and that a 4 foot wide sidewalk be constructed adjacent to the curb. The design of the public improvements shall be approved by the Public Works Department. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. That County Sanitation District fees be paid prior to issuance of any building permits. -4- COMMISSIONERS 400 MINUTES CITY OF NEWPORT BEAPeguary 18.1993 ROLL CALL INDEX 7. That 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. 8. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 9. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. . 10. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 11. 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. A- Use Permit No. 3483 (Public Hearing) item No. Request to convert an existing single family dwelling and a garage UP3483 8993 apartment into a two unit residential condominium. project on property located in the R -2 District. The proposal also includes a modification to the Zoning Code so as to permit alterations and additions to the existing garage apartment which currently maintains a three foot side yard setback where the Zoning Code Approved requires a four foot side yard setback on lots wider than 40 feet. AND, -5- COMMISSIONERS *k41WR0WR%*1\W0\ MINUTES CITY OF NEWPORT BEAFe#uary 18, 1993 ROLL CALL INDEX B. Resubdivision No. 993 (Public Hearing) Request to resubdivide one lot and a portion of a second lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. LOCATION: A portion of Lot 20 and Lot 21, Tract No. 682, located at 604 Avocado Avenue, on the southeasterly side of Avocado Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Harry M. Boon, Corona del Mar . OWNER: Same as applicant ENGINEER: RdM Surveying, Inc., Costa Mesa The public hearing was opened in connection with this item, and Mr. Harry Boon, applicant, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A "; however, he addressed concerns regarding the following items: In reference to Exhibit "A", Resubdivision No. 993, Condition No. 12, regarding Coastal Commission approval prior to the issuance of building permits and the recordation of the parcel map, James Hewicker, Planning Director, explained that if construction . is going to occur that does not rely upon the conversion of the buildings to residential condominium units, the City could issue a building permit; however, if there is a discretionary permit involved that is beyond what the City is allowed to issue a building permit, the applicant would be required to go to the Coastal Commission for a Coastal Development Permit first. Mr. Burnham suggested that the Planning Department and the City Attorney's Office meet with Mr. Boon regarding the condition. -6- L COMMSSIONERS 6 MINUTES CITY OF NEWPORT BEAgU..1Q 100,1 ROLL CALL INDEX In reference to Exhibit "A ", Condition No. 8, Resubdivision No. 993, requiring the tenants to be given 120 days written notice prior to the recordation of the parcel map or prior to termination of tenancy due to the proposed conversion, Mr. Boon submitted letters from each of the two tenants indicating that they received. verbal notice in September, 1992, and that they were included in the plans and have been offered the sale of the dwelling units at less than market value. He explained that the condition would delay the recordation of the parcel map. Mr. Hewicker explained that the condition is a requirement of the Condominium Conversion Ordinance. Discussion ensued between the Commissioners, City Attorney Robert Burnham, and Mr. Boon regarding the requirement. Mr. Burnham concluded that the letters indicate that the property owner has provided the required notice. In reference to the Building Department's determination that the existing structure be in compliance with the 1991 Uniform Building, Mechanical and Plumbing Codes as stated in the staff report, Mr. Hewicker explained that the 6 items listed apply to the two proposed condominium units and the applicant should address his concerns with the Building Department. The Planning Commission has no jurisdiction to change the requirements of the Uniform Building Code. In reference to Exhibit "A ", Condition No. 10, Resubdivision No. 993, stating that the renters shall be permitted to continue renting for a minimum of one year after the recordation of the parcel map, Mr. Hewicker explained that the condominium conversion will not occur until the parcel map has been recorded. In reference to Exhibit "A ", Condition No. 5, Resubdivision No. 993, regarding the reconstruction of the tree damaged curb and gutter, Don Webb, City Engineer, explained that curb, gutter, and sidewalks are considered for improvement when a condominium conversion is requested. He indicated that there is a curb separation at the base of the tree at the subject location. -7- MINUTES CITY OF NEWPORT BEA9 &ary 18. 1993 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 and voted on to approve Use Permit No. 3483 Ayes * * * * and Resubdivision No. 993 subject to the findings and conditions Absent in Exhibit "A". MOTION CARRIED. A. Use Permit No. 3483 FINDINGS: 1. That as conditioned, the project will substantially comply with all applicable standard plans and specifications, adopted City and State Building Codes, and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of . approval. 2. That the project lot size conforms to the Zoning Code area requirements in effect at the time of approval inasmuch as the lot is in excess of 5,000 square feet in area. 3. That the project is consistent with the adopted goals and policies of the General Plan. 4. That there are no residents in the existing duplex who are fixed income elderly tenants or handicapped. 5. That the existing tenants whose income are below 120% of the County's median income will be permitted to remain as renters for a period of one year. 6. That one of the two units is owner occupied, and therefore, represents 50% of the existing tenants. 7. That the nonconforming 3 foot side yard setback has existed since original construction and the encroachment will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and -8- RIiI In Loll I1�L9 CITY OF NEWPORT BEAipp... , 12 100-4 _ . .T _ ROLL CALL INDEX general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification is consistent with the legislative intent. of Title 20 of this Code. 8. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the project shall be in substantial conformance with the submitted plot plan, floor plans and elevations, except as noted below. 2. That all conditions of Resubdivision No. 993 shall be fulfilled. 3. That a covenant limiting the subject property to a maximum of two dwelling units shall be recorded against the property, to the satisfaction of the Planning Department, prior to recordation of the parcel map. 4. That the existing tenants whose income is below 120% of the County's median income shall be permitted to remain as renters for a period of one year from the date of recordation of the parcel map. 5. Install separate electric meters or a double meter electrical service with underground utility to Southern California • Edison pole which is located on the northeast property line -9- COMMISSIONERS *k11A!0X;WM*1\\0 cc MINUTES CITY OF NEWPORT BEAFeT�ruary 18 1993 ROLL CALL INDEX at the alley, unless otherwise approved by the Building Department and the Public Works Department. 6. Handrails must be installed per Section 3306(i) UBC (34" - 38" high). 7. Smoke detectors must be installed per Section 1210 of the UBC. 8. Submit engineering analysis which may include plans and calculations to show that the structures comply with 1991 UBC Seismic requirements. 9. All wiring must comply with 1990 National Electric Code (NEC). 10. Newport Beach Municipal Code requirements for a spa in . the courtyard must also meet the minimum 5 foot fencing requirement with self closing gate per the 1991 Uniform Swimming Pool Code. 11. Provide an analysis of existing and proposed addition /alteration to show compliance with Title 24 requirements, including energy and water conservation devices. 12. 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. B. Resubdivision No. 993 FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -10- 1 0111 \If 41\� -ffiw�MWWPIMNI \t%0t;6M%I`%6\0 UU \Y-9 CITY OF NEWPORT BEA I.I,,. 19 1001 ROLL CALL INDEX 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the building to be converted and as conditioned by Use Permit No. 3483, on the date of conversion, will be in basic compliance with the current Building Code, and also there will be a minimum of two parking spaces provided on -site for each unit. 6. That each of the tenants (includes any tenants occupying the rental unit on the date of the filing of this application) of the proposed condominium will be given 120 days written notice of the intention to convert prior to the recordation of the parcel map or prior to termination of tenancy due to the proposed conversion. 7. That each of the tenants (includes any tenants occupying the rental unit on the date of the filing of this application) of the proposed condominium shall be given notice of an exclusive right to contract for the purpose of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. CONDMONS: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public • Works and Planning Departments. The parcel map shall -11- COMMISSIONERS MINUTES CITY OF NEWPORT BEAQ.Un,nry 1R_ 1993 ROLL CALL INDEX be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7- 9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if . installed prior to completion of construction project. 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. 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 tree damaged curb and gutter be reconstructed along the Avocado Avenue frontage and that the trees be root pruned. That all work be completed under an encroachment permit issued by the Public Works Department. -12- COMOSSIONERS MINUTES CITY OF NEWPORT BEAPe#Iruary 18_ 1993 ROLL CALL INDEX 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section. 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 8. That each of the tenants (includes any tenants occupying the rental unit on the date of the filing of this application) of the proposed condominium shall be given 120 days written notice of the intention to convert prior to the recordation of the parcel map or prior to termination of tenancy due to the proposed conversion. That proof of said notification shall be provided to the: Planning Department. 9. That each of the tenants (includes any tenants occupying the rental unit on the date of the filing of this application) of the proposed condominium shall be given notice of an exclusive right to contract for the purpose. of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. Written verification from the tenants shall be presented to the Planning Department prior to recordation of the parcel map or issuance of any building permits. 10. That prior to recordation of the parcel map, the applicant shall show that the household income of the current tenants of the rental unit exceeds 120% of the Orange County Median Income. Should the income of the rental tenants be less than 120% Orange County Median Income, the renters shall be permitted to continue renting for a minimum of one year after recordation of the parcel map. 11. That all applicable conditions of Use Permit No. 3483 shall be fulfilled, prior to the recordation of the parcel map. -13- 0 MINUTES CITY OF NEWPORT BEAFeVuary 18. 1993 ROLL CALL INDEX 12. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map or issuance of a building permit. 13. 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. Use Permit No. 3485 (Public Hearing) Item No. Request to permit the establishment of a combination UP3485 restaurant/brewpub with on -sale beer and wine, on property located in the "Specialty Retail" area of the Cannery Approved Village /McFadden Square Specific Plan Area. The proposal also . includes: the establishment of an outdoor patio dining area; the use of 29 previously approved in -lieu parking spaces located in the Cannery Village Municipal Parking Lot; the amendment of a previously approved off -site parking agreement so as to increase the number of privately owned off -site parking spaces to 41 spaces; and the approval of a transfer of development rights from the privately owned off -site parking area to the restaurant site. LOCATION: Parcel 1, Parcel Map 92 -40 (Resubdivision No. 527) (restaurant site); and portions of Lots 17 and 22 and Lots 18 -21, Block 230, Lancaster's Addition (off -site parking lot) located at 2920 Newport Boulevard, on the southeasterly comer of Newport Boulevard (northbound) and 30th Street, in Cannery Village. ZONE: SP-6 APPLICANT: Michael Madlock, Manhattan Beach OWNER: Dorothy Doan, Santa Ana -14- 4 Leif) 71 1111 '. • U 5 M,- A Q�WR � %1 o MINUTES CITY OF NEWPORT BEAfigary 18, 1993 ROLL CALL INDEX James Hewicker, Planning Director, explained that the applicant is proposing to utilize 29 in -lieu parking spaces that are located mi the Cannery Village Municipal Parking Lot for the daytime operation of the subject facility. The subject Municipal Parking Lot is not currently occupied 100 percent 12 months of the year;, however, during the summer months it is relatively heavily used by recreational users and by employees at City Hall. The Municipal Parking Lot also has blue parking meters that were formerly located in front of City Hall. The blue meters allow individuals who purchase parking permits to use the parking spaces at less cost than the standard parking meters. If the Commission would approve the applicant to use the 29 in -lieu parking spaces during the day, the Commission would be displacing individuals who are currently using the parking lot. He questioned if the Commission wants to displace recreational users of the subject Municipal parking lot to allow for a new commercial use coming into the City . In response to questions posed by Commissioner Glover, Mr. Hewicker replied that signs would not be placed in the parking lot so as to restrict the 29 parking spaces for the restaurant use only. In reference to her questions regarding Condition No. 6, Exhibit "A", William Laycock, Current Planning Manager, explained that if the Commission does not allow the applicant to utilize the Municipal Parking Lot spaces prior to 5:00 p.m. then the restaurant would be limited to 1,240 square feet of "net public area" until 5:00 p.m. If the Commission and the City Council allowed the daytime use of the in -lieu parking spaces for the restaurant facility, a "net public area" of 2,400 square feet would be permitted prior to 5:00 p.m. He indicated that 132 square feet of "net public area" would still have to be closed in the restaurant prior to 5:00 p.m. even if the 29 in -lieu parking spaces would be allowed in the Municipal Parking Lot. The public hearing was opened in connection with this item, and Mr. James Person appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A'; however, he requested that Condition No. 7, Exhibit "A" be amended to state that the operational hours -15- MINUTES CITY OF NEWPORT BEACeHruary 18 1993 ROLL CALL INDEX would be between 6:00 a.m. and 12:00 midnight Sunday through Thursday and between 6:00 am. and 2:00 a.m. on Friday and Saturday. Mr. Person stated that the applicant would close a portion of the restaurant if the City Council does not approve the daytime use of the in -lieu parking spaces. He indicated that the public is walking and bicycling to many of the establishments and parking has not become a big factor in the area on Sunday afternoons. He explained that he recently observed that the majority of the blue meter parking spaces were being used and only three silver meter spaces were being used in the Cannery Village Municipal Parking Lot. In response to a question posed by Chairman Edwards, Mr. Person explained that parking spaces are not a big problem in the adjacent area during the summer months. Mr. Rob Friedman, co -owner of the property located at 405, 407, and 409 - 30th Street, and a resident at 405 - 30th Street, appeared before the Planning Commission. He expressed his concerns regarding the noise emitting from the outdoor patio area of the facility, and the types of signage on the establishment. Mr. Friedman indicated that there would not be a parking problem as long as the subject facility does not have exclusive rights to parking spaces in the Municipal Parking Lot. In response to a question posed by Commissioner Gifford, Mr. Friedman replied that he did not know the hours of operation of the commercial establishments on his property. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that the Sign Code permits 200 square feet of signage per frontage of a building, and he stated that the City does not allow blinking or flashing signs. Mr. Friedman and Mr. Hewicker discussed Mr. Friedman's concerns regarding the noise. Mr. Hewicker referred to Condition No. 24, Exhibit "A ", stating that the Commission may call up the use permit for review if it is determined that there are changes in the use that are detrimental to the community. i -16- COMMISSIONERS CITY OF NEWPORT B"""t~'P,ary 1R 100 131IILI Leg BD?.'] ROLL CALL WDEX 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 Use Permit No. 3485 Ayes * subject to the findings and conditions in Exhibit "A", and to Absent amend Condition No. 7 as requested. MOTION CARRIED. dines- 1. That the proposed application is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is available for the proposed use. 3. That the proposed development will not have any significant environmental impact. 4. That the Police Department does not anticipate any problems associated with the proposed restaurant /brewpub. S. That the transfer of development intensity will accommodate the efficient use of land within an existing development comprised of two interdependent parcels. 6. That the transfer of development intensity will not adversely affect the aesthetics of the area. 7. That the proposed transfer of development intensity will not result in a physical increase in commercial floor area within the subject property and therefore, will not create an abrupt change in scale between the existing development and development in the surrounding area. 8. That the proposed transfer of development intensity will not result in the impairment of public views. -17- COMMISSIONERS MINUTES CITY OF NEWPORT BEA9Aary 18.1993 ROLL CALL INDEX 9.. The proposed transfer of development intensity will not result in a net negative impact on the circulation system. 10. That the off -site parking lot is so located as to be useful in connection with the proposed uses on the subject property. 11. Parking on the off -site parking lot will not create undue traffic hazards in the surrounding area. 12. Ownership of the off -site panting lot is constituted by leasehold interest for a remaining period of 59 years by the property owner of the building site. 13. The owner and the City, upon the approval of the City Council, will execute a written instrument, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on the designated property for the duration of the proposed uses on the building site. 14. That the approval of Use Permit No. 3485 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 site plan, floor plan and elevations, except as noted below. 2. That a covenant or other suitable, legally binding agreement shall be recorded against the off -site panting lot assuring that all of the requirements of Section 20.07.070 J of the Municipal Code, will be met by the current and future property owners. Said covenant or agreement may include provisions for its future termination at such time as -18- MINUTES CITY OF NEWPORT BEA ,,,.,,1 A 1001 ROLL CALL INDEX the development on the building site is removed or at such time as the floor area devoted to the restaurant/brewpub reverts back to a Base FAR use. 3. That the applicant shall provided a minimum of one. parking space for each 40 square feet of "net public area" in conjunction with the proposed restaurant / brewpub. 4. That an amended off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 41 parking spaces shall be provided on property located on Lots 18 -21 and portions of Lots 17 and 22, Block 230, Lancaster's Addition, for the duration of the existing and proposed uses located on Parcel 1, Parcel Map 92-40 (Resubdivision No. 527). 5. That the property owner shall pay for 29 in -lieu parking spaces in the Cannery Village Municipal Parking Lot on an annual basis for the restaurant/brewpub use as agreed upon by the Sales Agreement between the City and the property owner. 6. That the "net public area" of the restaurant / brewpub, which is devoted to daytime use Monday through Friday (prior to 5:00 p.m.) .shall be limited to 1,240 sq.ft. unless the applicant obtains the City Council's approval for the daytime use of the in -lieu parking spaces referred to in Condition No. 5. In such case, the "net public area" shall not exceed 2,400 square feet before 5:00 p.m. Monday through Friday. The balance of the "net public area" in either case shall be physically closed off to the public by a fixed barrier and shall not be used until after 5:00 p.m. 7. That the hours of operation for the restaurant /brewpub shall be limited to the hours between 6:00 am. and 12:00 midnight Sunday through Thursday and between 6:00 a.m. and 2:00 a.m. on Friday and Saturday. 8. That all employees shall park either in the privately owned -19- COMMISSIONERS o ���r��P�o"�o"�o MINUTES CITY OF NEWPORT BEAQURary 1R. 1993 ROLL CALL INDEX off -site parking area or in one of the Municipal parking lots in the area. 9. That all signs shall conform to the requirements of Chapter 20.06 of the Municipal Code. 10. That the operation of the brewery and the service of alcoholic beverages shall be ancillary to the primary food service operation of the restaurant. 11. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 12. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 13. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 14. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 15. That all mechanical equipment and trash areas shall be screened from surrounding public streets and alley and adjoining properties. 16. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 17. That the development standards regarding walls surrounding the restaurant site and underground utilities . shall be waived. -20- MINUTES V\\0%*\QA\\% CITY OF NEWPORT BEAFpIruary 18. 1993 ROLL CALL INDEX 18. That all improvements be constructed as required by Ordinance and the Public Works Department. 19. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review. by the City Traffic Engineer and that the parking lot be restriped as approved by the Traffic Engineer. 20. 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. 21. That should any prerecorded music be played within the restaurant facility, such music shall be confined to the interior of the building, and all doors and windows shall be . kept closed while such music is played. 22. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a Building Permit prior to completion of the public improvements. 23. That a handicap ramp be constructed at the alley intersection at Newport Boulevard per City Standards. 24. That the Planning Commission may add 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. 25. 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. -21- COMIISSIONERS MINUTES CITY OF NEWPORT BEA%,4,ary 1R_ 1993 ROLL CALL INDEX Extension of the One Year Amortization Period for an Existing Item No.4 Independent Massage Establishment (Discussion) Extension Request to consider a one year extension of the amortization period required for an independent massage establishment as set of Massag Est. forth in Section 20.68.030 of the Newport Beach Municipal Code. Approved LOCATION: Lot 3, Block 331, Lancaster's Addition, located at 405 -A 30th Street, on the northerly side of 30th Street, between Villa Way and Newport Boulevard, in Cannery Village. ZONE: SP -6 . APPLICANT: Haneda Acupressure, Newport Beach OWNER: Robert D. Friedman, Villa Park Mr. Robert J. Davis, Attorney for the applicant, Mr. Edward Rockwood, appeared before the Planning Commission. Mr. Davis referred to the staff report stating that violations of Penal Code 647(b) occurred on October 3, 1991, and October 22, 19919 wherein he explained that Mr. Rockwood was not the owner of the premises at that time. Mr. Rockwood purchased the premises on October 31, 1991, and be was licensed by the Police Department and the Business license Division on January 24, 1992. Mr. Davis concurred with the findings and conditions in Exhibit "A". He stated that the waiver of location restrictions addresses the property and it affects the property, the subsequent owners of the property, and it stays with the property, and a liable concern would be the history of the premises. In reference to amortization, the Zoning Code specifically provides that the applicant is the business owner and the business operator and it does not run with the property and it goes to the owner. The applicant qualifies and since Mr. Rockwood was not responsible for the action or had any involvement of the action that has been alluded to, Mr. Davis -22- COMMISSIONERS MINUTES CITY OF NEWPORT BEA$Xary 1R_ 1993 ROLL CALL INDEX Establishment located at 405 -A 30th Street, subject to the findings and conditions in Exhibit "A". Commissioner Glover stated that she would support the motion based on the guarantee that Mr. Davis gave the Commission that. there would not be acts of prostitution on the premises. Ayes Motion voted on; MOTION CARRIED. Absent Findings: 1. That the subject independent massage establishment involves a substantial financial investment in real property and improvements. 2. That the granting of a one year extension of the amortization period for the subject massage establishment . is reasonably necessary in order to permit the owner of the facility to amortize or otherwise recover the long term investment in the facility. Conditions: 1. That the subject massage establishment shall be terminated on the site prior to March 25, 1994. 2. That if there are any further violations of Chapter 5.50 of the Municipal Code or acts of prostitution on the premises, the Commission will have the right to recall the item immediately so as to review the approval of the extension. -24- MINUTES CITY OF NEWPORT BEAPP,.._. 10 , om 1 YV1 Y{LL' 1V, 1JJJ ROLL CALL INDEX Extension of the One Year Amortization Period for an Existing Item Mo. Massage Establishment (Discussion) Ext. of Request to consider a one year extension of the amortization Massage period required for independent massage establishment as set Est. forth in Section 20.68.030 of the Newport Beach Municipal Code. Approved LOCATION: Lot 22, Block 431, Lancaster's Addition, located at 436 32nd Street, on the southwesterly corner of 32nd Street and Villa Way, in Cannery Village. ZONE: SP -6 APPLICANT: Japan Shiatsu Center, Newport Beach OWNER: Mary Z. Minor, Newport Beach Mr. Robert J. Davis, Attorney for the applicant, Michael Tak, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Chairman Edwards, Mr. Davis replied that the applicant intends to cease business prior to March 25, 1994. Motion * Motion was made and voted on to approve the Extension of the Ayes One Year Amortization for an Existing Massage Establishment, Absent located at 436 32nd Street. MOTION CARRIED. _ Findings: 1. That the subject independent massage establishment involves a substantial financial investment in real property and improvements. 2. That the granting of a one year extension of the amortization period for the subject massage establishment 10 is reasonably necessary in order to permit the owner of the -25- MINUTES CITY OF NEWPORT BEAQeIR jary 19_ 1993 ROLL CALL INDEX facility to amortize or otherwise recover the long term investment in the facility. Conditions- 1. That the subject massage establishment shall be terminated on the site prior to March 25, 1994. 2. That if there are any violations of Chapter 5.50 of the Municipal Code or acts of prostitution on the premises, the Commission will have the right to recall the item immediately so as to review the approval of the extension. Modification No. 4065 (Continued Public Hearing) Item No.6 Request to permit the as-built construction of a deck railing (4 mod 4065 feet 10 inches ± above the natural grade) which encroaches 15 Cont'd to feet into the 15 foot front yard setback, whereas the Zoning Code 3/18/93 limits such construction to 3 feet above natural grade. LOCATION: Lot 10, Block 532, Corona del Mar, located at 508 Dahlia Avenue, on the southeasterly side of Dahlia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: David and Carol Rudat, Anaheim OWNERS: Same as applicants James Hewicker, Planning Director, recommended that the subject application be continued to the Commission meeting of March 18, 1993, to allow the Commission additional time to review Amendment No. 777, regarding proposed changes in the allowable . fence heights for specific areas of the City. -26- MINUTES CITY OF NEWPORT BE= Gn,ary 1R 1991 ROLL CALL INDEX Motion * Motion was made and voted on to continue Item No. 6 to the Ayes * * * * * March 18, 1993, Planning Commission meeting. MOTION Absent CARRIED. .. s The Planning Commission recessed at 8:40 p.m. and reconvened at 8:50 p.m. Modification No. 4084 (Public Hearing) Item No.7 Request to permit the construction of a sound attenuation wall Mod 4084 which varies between 8 feet and 9 feet -6 inches in height whereas the Zoning Code limits such construction to 6 feet in height in the Approved R -1 -B District. The proposed wall will be located on the rear property lines of the subject properties adjacent to San Joaquin Hills Road. LOCATION: Lots 6-19, Tract No. 6152, located on the northerly side of Catamaran Drive, between Keel Drive and the easterly terminus of Catamaran Drive, in Harbor View Hills. ZONE: R -1 -B APPLICANT: The Irvine Company, Newport Beach OWNERS: Various property owners on Catamaran Drive James Hewicker, Planning Director, read a letter addressed to Kevin Connolly, Chairman of the Catamaran Committee from R. Calvin Wallace, President of the Harbor View Hills South Homeowners Association, dated February 16, 1993. The letter stated that upon review of the proposed plans for construction of a sound wall along San Joaquin Hills Road, the Association approved the concept, subject to a determination by its legal counsel. -27- COtVIIUSSIONERs 0 00 MINUTES CITY OF NEWPORT BEAary 18, 1993 ROLL CALL INDEX William Laycock, Current Planning Manager, indicated that the proposed plan involves moving the existing sidewalk from the property line adjacent to the adjoining properties to the curb, and as a result it would remove approximately 31 street trees along San Joaquin Hills Road. The proposed landscape plan would provide approximately 85 trees to be planted in the street right -of- way between the wall and the sidewalk; therefore, staff has suggested an additional finding be added to Exhibit "A" stating That a greater number of trees will be planted in the public right -of- way to replace the existing street trees that will be removed in conjunction with the proposed development. He also requested that Condition No. 9, Exhibit "A', be revised to eliminate That the applicant or, therefore the Condition would read That the Harbor View Hills South Homeowners Association shall agree... The Irvine Company does not propose to maintain the landscaping; however, the Association will maintain said area. Commissioner. Merrill referred to Condition No. 9, Exhibit "A ", and he suggested no improvement occur until the maintenance question has been resolved. Don Webb, City Engineer, responded that the Public Works Department would not issue building permits for the wall until acceptable agreement has been provided for the landscape maintenance. In response to a question posed by Commissioner Glover, Mr. Webb explained that the height of the trees that would be removed vary from 25 feet to 35 feet. He indicated that the Parks, Beaches and Recreation Department is not concerned about removing the trees as long as there would be a landscape plan that would replace the trees. Mr. Webb explained that the proposed landscaping between the new sidewalk and the new wall would reduce the appearance of the height of the wall. Commissioner Glover stated that she was reluctant to accept the removal of the existing trees. Commissioner Merrill stated that a member of the staff from the Parks, Beaches and Recreation Department advised him that the landscape plan submitted to the Commission is not the plan that -28- MINUTES CITY OF NEWPORT BEARgary 18.1993 ROLL CALL INDEX would be approved by their staff inasmuch as they do not support the proposed pine trees shown on the plan. Commissioner Gifford stated that she had a concern regarding the removal of the existing parkway trees. She said that there is a, difference between installing all of the landscaping on one side of the sidewalk, and distributing the landscaping on both sides of the sidewalk by including trees in the parkway so the sidewalk would be shaded at times. Commissioner Pomeroy and Commissioner Merrill discussed their dissatisfaction with the existing landscaping on San Joaquin Hills Road adjacent to the subject area. The public hearing was opened in connection with this item, and Mr. Richard Vanderwood, landscape architect, appeared before . the Planning Commission on behalf of the applicant. In response to a concern expressed by Commissioner Merrill, Mr. Vanderwood replied that he would refer to the tree list provided by the City for the proposed landscaping and that the varied height of the wall would be considered by planting appropriate trees and vines. Mr. Vanderwood further replied that a sound attenuation wall was previously considered; however, the proposed vines would hide the wall from view. In response to a comment by Commissioner Glover regarding the existing trees, Mr. Vanderwood explained that the existing street trees have not been properly maintained and that the proposed trees would be a vast improvement over the existing street trees. In response to a question posed by Chairman Edwards, Mr. Vanderwood explained that the proposed landscape plan was submitted to the homeowners and their concerns were taken in to consideration. Mr. Kevin B. Connolly, a resident on Catamaran Drive, appeared before the Planning Commission. Mr. Connolly referred to the concerns that the residents have regarding their quality of life. He . determined that traffic would be diverted to San Joaquin Hills -29- RANN\\W6 MINUTES CITY OF NEWPORT BEAPP ,Q 1OOz ROLL CALL INDEX Road because of the proposed tollway on the proposed San Joaquin Hills Corridor and the traffic noise would be detrimental to the neighborhood. He indicated that the existing wall would not sufficiently mitigate the noise, and the proposed landscaping would beautify the area. Mr. Connolly and Commissioner Gifford discussed the proposed construction of a 7 foot wide sidewalk and the landscaping between the wall and the sidewalk. Discussion ensued between Commissioner Pomeroy and Commissioner Glover with respect to the appearance of a 7 foot sidewalk. In response to a question posed by Chairman Edwards, Mr. Connolly replied that it would be the Association's responsibility to maintain the landscaping. Mr. Calvin Wallace, President of Harbor View Hills South Homeowners Association, appeared before the Planning Commission. Mr. Wallace referred to his aforementioned letter to Mr. Connolly indicating the Association's position on the proposed wall. Mr. Bill Hickey, a Catamaran Drive resident, appeared before the Planning Commission. Mr. Hickey addressed the aesthetics of the proposed wall and the residents' concerns regarding the noise level that would be increased because of the proposed toll road. He suggested that the proposed wall should not be considered so much for beautification but as a functional device. He suggested that the purpose of the wall be reconsidered. Mr. Webb addressed concerns that have been expressed with respect to the increase in traffic on San Joaquin Hills Road because of the proposed toll on Newport Coast Drive. Ms. Mary McDonald, a Catamaran Drive resident, appeared before the Planning Commission. In response to questions posed by Ms. McDonald, Mr. Webb replied that the City owns the subject property where the landscaping will be installed adjacent . to the new wall; however, the Streets and Highway Code has -30- MINUTES CITY OF NEWPORT BEAfAaTy 18, 1993 ROLL CALL INDEX determined that the adjoining property owners are responsible to maintain the property. Mr. Webb further explained that the wall would be designed so that the footings for the wall will be constructed below grade so there would not be a tree root problem. Commissioner Merrill and Commissioner Pomeroy pointed out that the homeowners would benefit from the upgrading of the landscaping. In response to a question posed by Chairman Edwards, Ms. McDonald stated that the residents are concerned about the cost of the proposed landscaping and the maintenance. She stated that the existing trees could remain adjacent to San Joaquin Hills Road. . Commissioner Gifford addressed the suggestion that the Association maintain the trees and indicated that it does not appear to be a good plan for the City to prune the trees. In response to a question posed by Commissioner Gifford, Mr. Burnham stated that he does not foresee a problem regarding a Maintenance Agreement between the interested parties. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Modification No. 4084, subject to the findings and conditions in Exhibit "A", adding the aforementioned finding as suggested by Mr. Laycock and modifying Condition No. 9. Commissioner DiSano stated that a greater number of trees would be added to the landscaping than the number of trees that would be removed from the area. Commissioner Pomeroy expressed his objections to the 50 cent toll that is proposed for a portion of Newport Coast Drive. Commissioner Merrill expressed his concern regarding the noise impact and the affect that the proposed 50 cent toll would have on the traffic in the area. -31- 4 MINUTES CITY OF NEWPORT BEARLary 18. 1993 ROLL CALL MDEX Ayes * Motion was voted on, MOTION CARRIED. Absent Findines: 1. That the proposed construction will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. 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. 3. That there is adequate space on the public right -of -way to provide landscaping between the proposed wall and the proposed sidewalk along San Joaquin Road so as to buffer . the proposed wall. 4. That a noise wall has been required through mitigation measures of an EIR approved by the County of Orange for the San Joaquin Hills Planned Community, as it relates to sound attenuation for the noise sensitive uses along San Joaquin Hills Road between Marguerite Avenue and Spyglass Hill Road. 5. That the establishment or maintenance of the proposed structure will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed height of the wall is consistent with the legislative intent of Title 20 of the Municipal Code. 6. That a greater number of trees will be planted in the public right -of -way to replace the existing street trees that will be removed in conjunction with the proposed development. -32- 4 .��\'p �t- CITY OF NEWPORT u ►iTfiarwii z ROLL CALL INDEX Conditions: 1. That development shall be in substantial conformance with the approved plot plan, elevation and sections. 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 obtain a building permit prior to, the completion of the public improvements. 4. That the proposed sidewalk to be constructed adjacent to the curb have a minimum width of 7 feet from curb face along the San Joaquin Hills Road frontage and that the . wall and footings for the sound wall be placed outside the public right -of -way. All work within the public right -of -way shall be completed under an encroachment permit issued by the Public Works Department. 5. That all trees installed adjacent to the sidewalk along the San Joaquin Hills Road frontage shall be on the City's approved tree list unless otherwise approved by the Parks, Beaches and Recreation Department and the Public Works Department and that a root barrier system shall be installed to prevent tree roots from growing under sidewalks. 6. That a minimum 5 foot 6 inch wide landscape area shall be provided between the proposed sound wall and the sidewalk. The landscape area shall be planted with trees and shrubs to adequately screen the side of the wall adjacent to San Joaquin Hills Road. 7. That a landscape plan and irrigation plan for the landscape planter area shall be approved by the Parks, Beaches, and Recreation, Public Works, and Planning Departments. -33- MINUTES CITY OF NEWPORT BEAPeViruan 18. 1993 ROLL CALL INDEX 8. That 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. A traffic control plan shall be reviewed and approved by the Public Works Department. 9. That the adjacent Harbor View Hills South Homeowners Association shall agree to maintain all landscaped areas between the wall and the sidewalk. Trees shall be kept pruned 8 feet above the sidewalk and trees and shrubs shall be kept pruned a minimum of 6 inches outside the sidewalk area below the 8 foot elevation. . 10. That this modification request shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. x s s Discussion Items: Modification No. 3928 Disc.Item D -1 Request to review proposed changes to the approved landscape plan in conjunction with an approved retaining wall and glass withdrawn windscreen, on 12 contiguous lots located in Cameo Highlands. LOCATION: Lots 2 through 13, Tract No. 3519, located at 4709 -4839 Cortland Drive, on the southerly side of Cortland Drive, easterly of Cameo Highlands Drive, in Cameo Highlands. ZONE: R -1 -B APPLICANT: Cortland Noisewall Trust, Corona del Mar -34- •��o'QO�oo MINUTES CITY OF NEWPORT BEA,QUaary 18. 1993 ROLL CALL INDEX OWNERS: Various property owners on Cortland Drive James Hewicker, Planning Director, stated that the applicant has requested this application be withdrawn inasmuch as the landscaping in front of the wall will be implemented as originally approved by the Planning Commission. General Plan Amendment No. 93 -1 D_2 Request to initiate an amendment to the Newport Beach General GPA 93 -1 Plan as follows: Initiate A. Seaward Road: Request of Seaward 17, Inc. to amend the General Plan Land Use . Element to redesignate a strip of property adjacent to Lots 164 through 181 of the Corona Highlands Subdivision in an unincorporated portion of the Newport Coast development from Recreational and Environmental Open Space to Single Family Detached, as an action preliminary to the incorporation of the area into the City of Newport Beach. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, reviewed the requested General Plan Amendment. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that no filing fee is collected to initiate a General Plan Amendment. Motion * Motion was made and voted on to recommend to the City Council Ayes that the proposed General Plan Amendment be initiated. Absent MOTION CARRIED. -35- 4 COADUSSIONERs y�0 l`A�dS�O MINUTES CITY OF NEWPORT BEAQjjuary 18 1993 ROLL CALL INDEX ADDITIONAL BUSINESS: Add ' i Business Joint PC /CC Mt, Planning Director Hewicker informed the Planning Commission that the Joint City Council/Planning Commission meeting will be held on March 22, 1993, at 2:00 p.m. in the Council Chambers. t i i ADJOURNMENT: 9:35 p.m. Adjourn HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -36-