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HomeMy WebLinkAbout02/23/1989COMMISSIONERS dh.p •0_ sj�F O�. Otn REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7`.30 p.m. DATE: February 23, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present Absent * * Chairman Pomeroy and Commissioner Merrill were absent. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney * *at William R. Laycock, Current Planning Manager Robert Lenard, Advance Planning Manager Sandra L. Genis, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary 41on Minutes of February 9. 1989: Minutes of 2 -9 -89 * Motion was made and voted on to approve the February 9, Ayes * * * * * 1989, Planning Commission Minutes. MOTION CARRIED. Absent Public Comments. Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, February 17, 1989, in front of City Hall. • COMMISSIONERS g .e •o � Or O� Zm � �� - G9y �My�C�O� y0 CITY OF NEWPORT BEACH MINUTES February 23, 1989 RCLYCALL INDEX Use Permit No. 1771 (Amended) (Public Hearing) Item No.l Request to amend a previously approved use permit that UP1771A permitted the establishment of an athletic club on property located in "Industrial Site 3A" in the Newport Place Approved Planned Community. The proposed amendment includes: a request to enlarge an existing weight room; the addition of a new second floor office; and the addition of a new second floor storage room. LOCATION: Parcel No. 1 of Parcel Map 75 -39 (Resubdivision No. 500) located at 1701 Quail Street, on the southwesterly side of Quail Street, • southeasterly of Birch Street in the Newport Place Planned Community. ZONE: P -C APPLICANT: University Athletic Club Ltd., Newport Beach The public hearing was opened in connection with this item, and Mr. Kent Trollen appeared before the Planning Commission on behalf of the applicant. Mr. Trollen stated that he 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 this time. Motion * Motion was made and voted on to approve Use Permit No. 1771 Ayes * * * * * (Amended) subject to the findings and conditions in Exhibit Absent * * "A ". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed parking is adequate to serve the proposed additions inasmuch as the athletic club will not increase the membership or number of employees. • -2- . COMMISSIONERS O m CITY OF NEWPORT BEACH MINUTES February 23, 1989 R CALL INDEX 4. That the proposed additions meet the design requirements of the Newport Place Planned Community. 5. That the approval of this amendment to Use Permit No. 1771 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 to the general welfare of the City. CONDITIONS: 1. That development be in substantial conformance with the approved plot plan, floor plans and elevations except as provided in the following condition. 2. That a minimum of 60 parking spaces shall be provided for the facility. 3. That all applicable conditions of approval of Use • Permit No. 1771 as approved by the Planning Commission on March 10, 1988, shall remain in effect. 4. 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. 5. 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. • -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 23, 1989 R CALL INDEX Use Permit No. 3338 (Continued Fublic Hearing) Item No.2 Request to permit the construction of six double car UP3338 garages, eight single car carports and 25 open parking spaces in conjunction with an existing apartment Approved: development on property .located in the Unclassified District. LOCATION: A portion of Lot 47, Newport Heights Tract, located at 2421 16th Street, on the southerly side of 16th Street, between Tustin Avenue and Irvine Avenue, in Newport Heights. ZONE: Unclassified APPLICANT: Chris R. Stephens, Costa Mesa OWNER: Real Estate Exchange Services, Costa Mesa The public hearing was opened in connection with this item, and Mr. Chris Stephens, applicant, appeared before the Planning Commission. Mr. Stephens stated that he concurred with the findings and conditions in Exhibit "A ". Discussion ensued between Commissioner Debay, Mr. Stephens, and Don Webb, City Engineer, regarding an agreement between the applicant and the City concerning a proposed turn- around easement on a portion of the subject property that benefits all proposed residential development on the adjoining property. 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. 3338 Approved * * * * * subject to the findings and conditions in Exhibit "A ". Absent * * 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 project will not have any significant • environmental impact. -4- COMMISSIONERS MINUTES February 23, 1989 y�o<^92 �y M101000 CITY OF NEWPORT BEACH ROL CALL INDEX 3. That the Police Department does not foresee any problems with the proposed development. 4. That the construction of the new garages is necessary as a condition of approval of 'Lot Line Adjustment No. 88 -4. 5. That the construction of the garages and open parking spaces will result in the provision of adequate parking for the site. 6. 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. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 8. That the approval of Use Permit No. 3338 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the 20 foot front yard setback shall be fully landscaped except where street access is taken. 3. That arrangements for temporary parking so as to provide adequate parking for the 14 approved apartment units during the construction phase shall meet the approval of the Planning Department and Traffic Engineer. 4. That at least one garage space shall be provided for each dwelling unit on the property. -5- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROC CALL INDEX 5. That at least 1.5 parking spaces per dwelling unit shall be provided on -site as required by Code. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. 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. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 9. That the intersection of 16th Street and drives be designed to provide sight distance for a speed of 35 miles per hour in accordance with City Standard 110 - L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 10. That the overhead utilities crossing 16th Street shall be undergrounded unless the site is served from the rear of the property. 11. That no more than 14 dwelling units shall be permitted on the subject property. The conversion of the 16 unit apartment building to 14 dwelling units shall be completed prior to the recordation of Resubdivision No. 890. 12. 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. • -6- COMMISSIONERS Z�GZ Z9NOZ9�t'.�'gZ tS. ah Z yCC4so CITY OF NEWPORT BEACH MINUTES February 23, 1989 RO' CALL INDEX A,. Use Permit No. 3339 (Public Hearing) Item No.3 Request to permit the, construction of a 9 unit residential UP3339 condominium development with related garages on property located in the Unclassified District. R890 LOCATION: A portion of Lot 47, Newport Heights Tract, Approved located at 2429 - 2501 16th Street, on the southwesterly side of 16th Street, between Tustin Avenue and Irvine Avenue, in Newport Heights. AND B. Resubdivision No. 890 (Public Hearing) Request to resubdivide two existing parcels of land into one parcel for residential condominium purposes and one parcel for apartment use on property located in the Unclassified District. • LOCATION: A portion of Lot 47, Newport Heights Tract, located at 2421 2501 16th Street, on the southwesterly side of 16th Street, between Tustin Avenue and Irvine Avenue, in Newport Heights. ZONE: Unclassified APPLICANTS: William H. Jewell and William D. Sampson, Costa Mesa OWNER: Real Estate Exchange Services, Costa Mesa ENGINEER: B.B.S.I., Newport Beach Don Webb, City Engineer, suggested that Resubdivision No. 890, Condition No. 7, be amended to state "unless otherwise approved by the Public Works Department." Mr. Webb addressed concerns regarding an adequate turn - around at the rear of the subject property, and an easement that would satisfy the applicants, Mr. Chris Stephens, property owner at 2421 16th Street, and the City. Mr. Webb explained that the City wants to be assured that the turn - around area is maintained in. perpetuity as long as the condominiums are on the site. • -7- COMMISSIONERS MINUTES February 23, 1989 CITY OF NEWPORT BEACH ROL CALL INDEX In response to a question posed by Commissioner Edwards, Mr. Webb explained that before the previously approved lot line adjustment is created involving the subject property and the adjoining site at 2421 16th Street, concerns need to be addressed between the applicants and Mr. Stephens. Commissioner Person and Mr. Webb discussed the City's participation concerning an easement agreement between Mr. Stephens and the applicants. The public hearing was opened in connection with this item, and Mr. Bill Sampson, applicant, appeared before the Planning Commission. Mr. Sampson stated that the applicants concur with the findings and conditions in Exhibit "A ", including the foregoing modified Condition No. 7. In response to questions posed by Commissioner Edwards regarding Condition No. 7 which states "that the turn- around area at the rear of the parcel be made a part of the parcel instead of an easement" and Mr. Webb's suggestion • that "unless otherwise approved by the Public Works Department" be added, Mr. Sampson explained that the applicants are unable to obtain fee title from Mr. Stephens of the proposed easement area on his property because he is not willing to grant fee title to the said property; therefore, the applicants are requesting an easement for the turn- around area on the adjoining property. Mr. Sampson stated that the City is suggesting an agreement that would be so restrictive that the easement would not ever be abandoned. Mrs. Jeanine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission to state that the Newport Heights Community Association supports the subject development. 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. 3338 Ayes * * * * * and Resubdivision No. 890 subject to the findings and Absent * * conditions in Exhibit "A ", including modified Condition No. 7, Resubdivision No. 890. MOTION CARRIED. -8- COMMISSIONERS I ymG �iP �y�iy'9y'+S� o CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROL CALL INDEX A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. B. Use Permit No. 3339: Approve the use permit with the following findings and subject to the following conditions: FINDINGS: . 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. That the project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. That the project as conditioned, is consistent with the adopted goals and policies of the Land Use Element of the General Plan. 4. That adequate on -site parking spaces are available for the proposed residential condominium development. 5. That the approval of Use Permit No. 3339 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. • -9- COMMISSIONERS MINUTES February 23, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That at least two garage spaces for each dwelling unit shall be provided for the project. 3. That all conditions of approval of Resubdivision No.890 shall be fulfilled. 4. That all mechanical equipment and trash areas shall be screened from 16th Street and adjoining properties. 5. That the on -site vehicular and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 6. That any proposed landscaping adjacent to the 0 public right -of -way be approved by the Public Works Department. 7. 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. C. Resubdivision No. 890: Approve the resubdivision with the following findings and subject to the following conditions: FINDINGS: 1. 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. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision will not • conflict with any easements acquired by the 10• COMMISSIONERS MINUTES y��i+t�y9�fp�p�� February 23, 1989 CITY OF NEWPORT BEACH R CALL INDEX public at large for access through or use of property within the proposed subdivision. CONDITIONS: 1. That a parcel map shall be recorded prior to the issuance of building permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. 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. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to • further review by the traffic Engineer. 4. That the intersection of 16th Street and drives provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 5. That County Sanitation District fees be paid prior to issuance of any building permits. 6. That all conditions of approval of lot line adjustment 88 -4 and Use Permit No. 3339 shall be fulfilled prior to recordation of the parcel map or issuance of any building permits unless otherwise provided by the Public Works Department and the Planning Department. 7. That the turnaround area at the rear of the parcel be made a part of the parcel instead of an easement, unless otherwise approved by the Public Works Department. •-11- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 23, 1989 R CALL INDEX 8. That any construction within the public right - of -way shall be subject to the approval of an encroachment permit by the Public Works Department. 9. That the applicants shall record a covenant against Parcel No. 1, the form and content which shall be approved by the City Attorney, limiting the number of dwelling units on said parcel to eleven. 10. That prior to the recordation of the parcel map, two of the existing 16 apartment units on Parcel No. 2 shall be removed. Required alterations to the building will be subject to the issuance of building permits and the approval of the Planning Department. 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. 12. That park dedication fees for six dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. Variance No. 1150 (Public Hearing) Item No.4 Request to permit the expansion of an existing exterior V1150 deck which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation District. The proposed deck Approved expansion will be located at the rear of an existing single family dwelling which was previously allowed to exceed the 24 foot basic height limit in conjunction with a previous variance. LOCATION: Lot 30, Block 3, Tract No. 1219, located at 1101 Kings Road, on the southerly side of Kings Road, between Signal Road and St. Andrews Road in Cliff Haven. ZONE: R -1 • 1� . COMMISSIONERS MINUTES y�6 �p��zyg2�6' February 23, 1989 ?y yffOSO CITY OF NEWPORT BEACH ROL CALL INDEX APPLICANT: Neria Yomtoubian OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Neria Yomtoubian, applicant, appeared before the Planning Commission. Mr. Yomtoubian stated that he concurs with the findings and conditions in Exhibit "A". 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 Variance No. 1150 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". Absent * * MOTION CARRIED. Findings: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings and /or uses in the same district inasmuch as the original natural topography of the subject property is significantly different than the other lots on the bluff side of Kings Road and that the existing developed nature of the site requires the applicant to design the project using existing floor levels. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed deck extension is of comparable height to other decks on the adjoining properties. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements •-13- COMMISSIONERS MINUTES February 23, 1989 CITY OF NEWPORT BEACH ROL CALL INDEX in the neighborhood inasmuch as the proposed deck extension will not obstruct views from the adjoining residential properties. Condition: 1. That the proposed development shall be in substantial conformance with the approved plot plan and elevations. 2. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. General Plan Amendment 89 -1 (Discussion) Item No.5 GPA 89 -1 Request to propose amendments to the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan as follows. Acting Chairman Winburn recommended that the Planning Commission vote on each item separately after the Planning Commission has addressed each issue. James Hewicker, Planning Director, explained that to initiate amendments to the General Plan, the action taken by the Planning Commission will be recommended to the City Council and the City Council will consider the Planning Commission's action of each item, if the City Council requests that an amendment be initiated, then staff will prepare the required studies. He explained that when the studies are completed by staff, the item will come back to the Planning Commission for a public hearing. In response to questions posed by Commissioner Debay, Mr. Hewicker discussed the staff workload subsequent to the implementation of the adopted General Plan. Commissioner Person emphasized that if the Planning Commission votes to initiate a project that the votes do not mean that the Planning Commission would approve the project at a future public hearing. 14 . COMMISSIONERS o� C CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROM 'CALL INDEX A. A request of Marco Baljeu to amend the Land Use (A) Element in order to allow the subdivision of his property at 2953 Cliff Drive in Newport Heights, Not setting a minimum lot size standard of 5,000 square Recommended feet. Mr. Marco Baljeu, 2953 Cliff Drive, appeared before the Planning Commission. Mr. Baljeu referred to the residential survey and the drawings pertaining to the subject property that were submitted to the Planning Commission, and he commented that none of the residents that he spoke with on Cliff Drive were opposed to the project. Mr. Baljeu referred to the completed projects and developments that have recently been approved in Mariner's Mile and on Cliff Drive. Mr. Baljeu stated that the previous problems concerning Avon Street and the sewer have been corrected. Commissioner Person addressed the lot sizes that the Planning Commission considered on Cliff Drive during the General Plan public hearings. He stated that the Planning Commission did not make a final recommendation to the City Council concerning the area; however, the City Council voted that no subdivisions would be considered on Cliff Drive. Mr. Baljeu commented that it would be a financial burden to him if he could not develop the property. Discussion ensued between Commissioner Person, Mr.Baljeu, and Mr. Hewicker regarding the lot sizes, and Mr. Baljeu explained that the requested 6,000 square foot lot size would be consistent with the area. Motion * Motion was made to 'recommend to City Council that General Plan Amendment No. 89 -1 (A) not be initiated. Acting Chairman Winburn stated that she would support the motion. She referred to previous discussions regarding the subject site during the General Plan public hearings by the community, and she pointed out that the City Council voted that no subdivision would be allowed in the Newport Heights area. Motion was voted on to recommend to City Council that Ayes * * * * * General Plan Amendment No. 89 -1 (A) not be initiated. Absent * * MOTION CARRIED. •-15- COMMISSIONERS MINUTES q MIrr OCITY OF NEWP ORT BEACH February 23, 1989 R CALL INDEX B. A request of Blanco Investments and Land, LTD (on (B) behalf of Harbor Lights Hui, owners of John Dominus Marina) to amend the Local Coastal Program Land Use Recommendei Plan and the Mariner's Mile Specific Area Plan as they relate to incentive use requirements for their property at 2901 West Coast Highway, in Mariner's Mile. Motion * Motion was made to recommend to City Council that General Plan Amendment 89 -1 (B) be initiated. Commissioner Persdn stated that the request would give the Planning Commission an opportunity to review the incentive use program throughout the City. Commissioner Debay stated that she would support the motion, and she concurred that incentive uses should be reviewed. Acting Chairman Winburn supported the motion, and she requested a report of how successful the incentive use • spaces have been. Commissioner Di Sano concurred with the foregoing comments. Ayes * * * * Motion was made and voted on to recommend to the City Absent * * Council that General Plan Amendment No. 89 -1 (B) be initiated. MOTION CARRIED. C. A request of Westland Commercial Corporation to amend the Land Use Element and Local Coastal Program Land (C) Use Plan for their property (or the entire block) to change the designation from "Two - Family Residential" Not to "Multi - Family Residential" and to change the Recommendei density standard in order to allow 3 units on a 35 foot by 103.5 foot (3,622 square feet) lot located at 1600 West Ocean Front on the Balboa Peninsula. Mr. David Diem, President of Westland Commercial Corporation, appeared before the Planning Commission. Mr. Diem addressed the R -4 zoning change, "Multi- Family Residential ", to R -2 zoning, "Two- Family Residential ", as a result of the General Plan Update, on West Ocean Front between 16th Street and 20th Street in the light of the • fact that the lots consist of square footage adequate to -16- COMMISSIONERS \0*\rr 9o�0 CITY OF NEWPORT BEACH MINUTES February 23, 1989 R CALL INDEX accommodate three dwelling units and required parking. Mr. Diem explained that it would be a financial burden to construct two dwelling units as opposed to three dwelling units on the subject site inasmuch as the property was purchased with the intent to develop three dwelling units. Commissioner Pers6n stated that the majority of the lots on West Ocean Front have square footage that is only Motion * suitable for duplexes. Motion was made to recommend that City Council not initiate General Plan Amendment (C). Discussion ensued between Commissioner Pers6n, Commissioner Debay, Commissioner Edwards, and Robert Lenard, Advance Planning Manager, concerning the General Plan Update downzoning on West Ocean Front, the lots on West Ocean Front that would qualify to develop triplexes that would also include R -3 zoning, the square footage of lots between 16th Street and 20th Street, and the Balboa Peninsula Zoning Density Study. Commissioner Di Sano supported the motion on the basis that a precedent could be set if the density standard is amended. Ayes * * * * * Motion was voted on to recommend to City Council that Absent * * General Plan Amendment 89 -1 (C) not be initiated. MOTION CARRIED. D. A request of Russell Fluter, Charles Pigneri, and (D) Paul Balalis to amend the Land Use Element and the Local Coastal Program Land Use Plan for their Recommended property at 20th Street and the Rhine Channel, to change the designation from "Recreation and Marine Commercial" to "Single - Family detached" allowing the construction of 3 single family homes on the 12,000 square foot parcel in the Cannery Village /McFadden Square area. A zone change would also be processed concurrently. Commissioner Pers6n and Commissioner Edwards stepped down from the dais because of a possible conflict of interest. lx COMMISSIONERS CALL Motion I* Ayes Absent Abstain Motion Ayes Absent 0 Motion Ayes Absent • * MINUTES February 23, 1989 CITY OF NEWPORT BEACH INDEX Motion was made and voted on to recommend to City Council to initiate General Plan Amendment 89 -1 (D). MOTION CARRIED. * * at E. A request of Edward Friedl to amend the Land Use (E) Element and the Local Coastal Program Land Use Plan for the Kirkwood Motel property at 4030 East Coast Rec Highway in Corona del Mar to change the designation from "Retail and Service Commercial" to "Multi - Family Residential" (20 du's per acre). Ms. Chris Hopper, 87 Jasmine Creek, appeared before the Planning Commission representing Mr. Friedl. *I *I *I I I I Motion was made and voted on to recommend to City Council * * * * that General Plan Amendment 89 -1 (E) be initiated. MOTION CARRIED. F. A request of Carl Kymla to amend the Land Use Element (F) for the Plaza De Cafes site at Birch Street and Von Karmen Avenue in Newport Place to change the Rec designation from "Retail and Service Commercial" to "Administrative, Professional and Financial Commercial" and allow the construction of an 85,300 square foot office building and 3,000 square foot restaurant. *I *I I I I Motion was made and voted on to recommend to City Council * * * * that General Plan Amendment 89 -1 (F) be initiated. MOTION CARRIED. G. A proposal from staff to initiate a Balboa Peninsula Zoning Density Study which would involve amendments (G) to the Land Use Element and the Local Coastal Program Land Use Plan, as well as the residential Zoning Deferred Districts. The purpose of the study would be to reconsider raising the "Two - Family Residential" 18- COMMISSIONERS C"1 lop CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROL CALL INDEX density standards from 2,000 square feet per unit to 2,375 square feet per dwelling unit, and also to consider changing some "Multi - Family Residential" areas to "Two - Family Residential." The Planning Commission and staff discussed staff's current workload wherein Mr. Lenard stated that staff is currently preparing the Central Balboa Specific Area Plan and the Corona del Mar Specific Area Plan. Motion * Motion was made to defer initiation of General Plan Amendment (G). Substitute Substitute motion was made and voted on that General Plan Motion * Amendment (G) be deferred based on Planning Department Ayes * * workloads and project priorities. MOTION FAILED. Noes Absent * * Motion was made to defer initiation of General Plan Amendment (G). MOTION CARRIED. Ayes in * * * t t H. A request of David M. Stone to amend the Land Use Element and the Local Coastal Program Land Use Plan (H) for the property located at 199 through 123 1/2 Agate Avenue on Balboa Island to allow automobile and Recommende4 general storage in areas designated "Retail and Service Commercial ". Mr. David Stone appeared before the Planning Commission and he explained that the intent is to construct garages on the first floor of the structure, to develop two residential units at the front of the second floor, and storage units at the rear of the second floor. He stated that the purpose is to provide garage, parking, and storage space for residents in the area. Mr. Stone submitted a petition signed by residents in support of the project. Motion * Motion was made reluctantly to recommend to City Council that General Plan Amendment (H) be initiated. Discussion ensued between Commissioner Pers6n and staff regarding if it is the intent of the Planning Commission that staff consider it a citywide issue inasmuch as there are areas within the City that could benefit from a similar 13 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 23, 1989 R CALL INDEX project. The maker of the motion requested that the request be site specific. * * * * Motion was voted on to recommend to City Council that Ayes General Plan Amendment (H) be initiated as site specific No Absent * * * only. MOTION CARRIED. I. A request of Rockwell International to amend the Land (I) Use Element for property located at 4311 Jamboree Road to increase the allowed development by 69,000 Recommende square feet. Motion * Motion was made and voted on to recommend to City Council Ayes * * * * * that General Plan Amendment (I) be initiated. MOTION Absent * * CARRIED. The Planning Commission recessed at 8:40 p.m. and reconvened at 8:50 p.m. Floor Area Ratio Ordinance (Discussion) Item No.6 Request to discuss a draft floor area ratio ordinance, FAR implementing the flexible FAR concept adopted as part of ORDINANCE the General Plan Update. Public INITIATED BY: The City of Newport Beach Hearing Set for James Hewicker, Planning Director, presented background 3 -23 -89 information pertaining to the subject Ordinance. He suggested that the Planning Commission consider how to compare buildings that are currently non - conforming with respect to floor area ratio as they were adopted in the General Plan to buildings that may be built in the future. He explained that staff is attempting to come up with a formula that will be easy to interpret by the Planning Department, Planning Commission, City Council, and the public. Commissioner PersGn referred to the Table of Land Use Categories, and he suggested that video rental stores be _2a COMMISSIONERS f, y mG 00, � vie 4'oA, X an9 $o�d , 9 Am j , ff S 0 CITY OF NEWPORT BEACH MINUTES February 23, 1989 RiWCALL INDEX considered in the "Reduced FAR Uses" category inasmuch as they are high traffic generators. Commissioner Pers6n addressed the retail uses in Mariner's Mile on Riverside Avenue and West Coast Highway, and the high volume of traffic generated by the take -out bakery that sells bakery goods and coffee, the video rental store, the drive -up teller and bank, and the post office. Commissioner Pers6n supported the proposed Ordinance; however, he stated that he had concerns regarding non - conforming buildings and uses that would want to come into the buildings at a future date. Robert Lenard, Advance Planning Manager, presented concepts of the traffic generation lid that is in the General Plan. He stated that one concept is to study individual uses, the occupancy of the building on an individualized basis, and a singular traffic analysis to be certain that the uses fit within a traffic envelope; however, he said that a concern regarding changes of use over the years result in different traffic generation characteristics. Mr. Lenard stated that there is a concern about determining what the floor area • ratio of a building is going to be, and he used Mariner's Mile as an example of where buildings are allowed different floor area ratios based on certain types of uses. Mr. Lenard stated that staff attempted to avoid a personalized traffic study by compiling a list of uses and fitting the uses into categories that include "Reduced FAR Uses" (Floor Area Ratio up to 0.3), "Base FAR Uses" (Floor Area Ratio up to 0.5), and "Maximum FAR Uses (Floor Area Ratios up to the maximum permitted). He explained that a project would be allowed square footage based on the category's floor area ratio. Mr. Lenard explained that the Ordinance makes it difficult for existing buildings, unless they are constructed at a low floor area ratio, to convert to restaurant use because of the difference in traffic generation characteristics. Mr. Lenard indicated an interest in a program that treats the existing buildings that are built at a high floor area ratio differently than new buildings. Mr. Lenard stated that a primary concern is not with respect to transitions in existing older buildings, but it is the implication that is drawn from older buildings regarding what is permitted in a new building. He stated that if standards are too permissive in regard to conversions then it becomes -21- COMMISSIONERS ym 9 9 y 9 dpi. G9y�o�y�C�o�yp Amok CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROT 'CALL INDEX tempting for a property owner to propose a structure with mixed use to establish a building shell, and then come back for a transition of use to the higher traffic generating uses. Commissioner Pers6n stated that if an existing non- conforming building is converted to a high traffic generator, then there should be penalties built in such as reduced square footage that the City may be able to reap in terms of accommodating such a use in a building. Commissioner Pers6n stated, in reference to the general concept, that he approved of the recommended findings inasmuch as they put applicants on notice that the Planning Commission has discretion to approve or disapprove an increase in floor area ratio, and that discretion is based on strict findings. Commissioner Di Sano suggested that nail salon/boutiques, ATM banks, one hour photo stores, and private post offices • be included in the category of high traffic uses. Commissioner Edwards suggested that in the event of a change of use that the Ordinance contain a policy that would establish a policing mechanism of the floor area ratio. Commissioner Pers6n suggested that a defined and severe policy must be implemented that would offset the increase in traffic generation or reduction in square footage. Acting Chairman Winburn suggested that the buildings that are in existence that are legal non - conforming that are above .5 FAR should be treated differently from the beginning and should be totally separate. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot referred to Section 20.07.050, Building Bulk, of the proposed Ordinance as it relates to Mariner's Mile, and he calculated that uses developed at a reduced floor area ratio, namely a restaurant, would normally include a floor area ratio of 0.30. Maximum building bulk may be equal to the Base Floor Area Ratio which he contemplated to be 0.50, plus a floor -22- COMMISSIONERS \-Aj'9�C�,Q� CITY OF NEWPORT BEACH MINUTES February 23, 1989 ROM CALL INDEX area ratio of 0.25 for commercial uses, he computed the floor area ratio to be 0.75, plus parking of 0.25. He totalled the floor area ratio to be 1.0 building bulk. Dr. VanderSloot referred to the structure located at 2901 West Coast Highway in Mariner's Mile, and he suggested that the building's bulk be reduced either by moving the building's decks, modifying the neon lighting, or by eliminating one floor so as to enhance the view from the parks on Cliff Drive in Newport Heights. In response to Dr. VanderSloot's remarks regarding Section 20.07.050, Building Bulk, Mr. Lenard explained that 0.25 for commercial uses, and 0.35 for mixed uses refers to the amount of free above grade covered parking permitted before including above grade parking in calculations of building bulk. In reference to the building bulk of 0.3, 0.5, and maximum floor area ratio uses, Mr. Lenard explained that for a 0.3 floor area ratio use, instead of just being 0.3 floor area . ratio plus 0.25 credit for above grade covered parking, the building bulk would be limited to 0.5 floor area ratio plus 0.25 floor area ratio or 0.75 floor area ratio building bulk instead of 0.55 whereas a bulk of 1.0 would be permitted for a maximum floor area ratio use. He explained that the distinction between the building bulk ratio and the use floor area ratio includes not only above grade covered parking but also includes characteristics within a building, and any interior courtyard area that is surrounded on four sides. Using the example of a movie theatre, Mr. Lenard stated that there is a provision that if increased building bulk is warranted because of functionality, then the Planning Commission and the City Council would have the ability to permit the building bulk to the maximum is for the area. In reference to Section 20.07.050, Commissioner Pers6n stated that he would interpret "Building bulk shall not exceed a factor equal to the permitted floor area ratio" to be that a reduced floor area ratio would be .30 plus .25 for commercial use, and he envisioned a restaurant to be .55 floor area ratio. Mr. Lenard referred to the sentence within Section 20.07.050 which states "However, for those uses developed at a reduced floor area ratio (which is a .03 use), maximum building bulk may be equal to the Base -23- COMMISSIONERS 4� O Joh CITY OF NEWPORT BEACH MINUTES February 23, 1989 RdWCALL INDEX Floor Area Ratio plus 0.25 for commercial uses ", which Mr. Lenard commented provides for additional bulk, and Commissioner Pers6n stated that he was uncertain if this should be done. Commissioner Debay referred to Section 20.07.046 "Staggered Uses ", which states that "In no case shall the staggering of uses at various times of day. ... .be utilized to justify a higher floor area ratio than would otherwise be permitted. ", and she said that she was concerned by the words "in no case ". Mr. Lenard explained that the calculation of floor area ratio does not currently take into consideration the staggering of hours and uses, and he referred to businesses that are currently staggering office use during the day to restaurant use in the evening. Acting Chairman Winburn addressed the two different standards of existing businesses and future businesses. Motion * Motion was made and voted on to set the Floor Area Ratio Ayes * * * * * Ordinance for public hearing at the Planning Commission t * * meeting of March 23, 1989. MOTION CARRIED. DISCUSSION ITEM• Discussion regarding the conflicting dates of the Planning Commission meeting of April 6, 1989, and the California League of Cities Planning Commission Institute in Monterey. Discussion item No. 1 Motion * Motion was made and voted on to change the date of the 4 -13 -89 Ayes * * * * * April 6,1989, Planning Commission meeting to April 13, PCM added Absent * * 1989. MOTION CARRIED. ADDITIONAL BUSINESS: Add'l Business Planning Director Hewicker informed the Planning Commission that boats were being placed on property located at 600 600 WCH West Coast Highway without the approval of a use permit for the boat sales facility. The applicant. is aware of the situation, and is now in the process of submitting a use permit application. ,t ** ADJOURNMENT: 9:20 p.m. Adjournmen GARY DI SANO, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 24