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HomeMy WebLinkAbout03/04/1993COMIVIISSIONERS "�� f sq`1'o CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DA'L'E: March 4, 1993 MINUTES S/93' ROLL CALL INDEX Present * * * * * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x s s . Minutes of February 18.1993 Minute: of 2/1 Commissioner Pomeroy referred to Item No. 2 of the subject minutes, Resubdivision No. 993, with respect to bringing the existing structure located on the front of the property up to the Uniform Building Code requirements. He indicated that the Planning Commission concluded at the end of the discussion that it would be at the discretion of the Building Department and he questioned if the conditions indicate that request. Commissioner Pomeroy explained that the tenure of the discussion was not to ' make it impossible to have the building on the front of the site a part of the conversion; however, the expanded structure located on the rear of the lot would be required to meet the Uniform Building Code requirements. In response to a question posed by Chairman Edwards, Commissioner Pomeroy explained that the conditions do not reflect the intent of the Commission's vote. Mr. Laycock explained that the conditions reflect recommendations from the Building Department and it was the intent of the Building Department that only the remodeled building at the rear of the property meet the Uniform Building Code requirements. Chairman Edwards stated that the aforementioned comments . would be a part of the Resubdivision's record. S/93' CITY OF NEWPORT BEACH MINUTES Myrrh d 1004 ROLL CALL INDEX Commissioner Glover suggested that Item No. 7, Modification No. 4084, be modified to state that Mr. Vanderwood indicated that the existing trees had not been properly maintained and the proposed street trees would be a vast improvement over the existing trees.. Kotion * Motion was made and voted on to approve the amended February Oyes * * * * * * 18, 1993, Planning Commission Minutes. MOTION CARRIED. 5bstain x s x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x s : Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning agenda Commission Agenda was posted on Friday, February 26, 1993, in front of City Hall. Request for Continuances: Request for Mr. Hewicker stated that the applicant, The Irvine Company, has Continua requested that Item No. 1, Resubdivision No. 995, property located at 300 East Coast Highway, be continued to the March 18, 1993, Planning Commission meeting; that the applicant, John V. Black, has requested that Item No. 3, property located at 4001 Birch Street, be continued to March 18, 1993; and that Item No. 5, Use Permit No. 1502 (Amended) regarding Lucy's Bayside Bar and Grill be removed from calendar to allow staff and the applicant additional time to review the use permit. -2- COMMISSIONERS CITY OF NEWPORT BEACH 15110INIDS: March 4. 1993 ROLL CALL INDEX lotion Motion was made and voted on to continue Items No. 1 and No. %11 Ayes 3 to the March 18, 1993, Planning Commission meeting, and to remove Item No. 5 from calendar. MOTION CARRIED. Resubdivision No. 995 (Public Hearing) Item No.1 Request to create four parcels of land for conveyance purposes 8995 involving property located in the RMC -H, P -C and P -C -MHP Districts. Cont d to 3/18/9 LOCATION: Portions of Blocks 54 and 94, Irvine's Subdivision, located at 300 East Coast Highway, on the northerly side of East Coast Highway, between the Newport Dunes and the Newport Bay Bridge. ZONES: RMC -H, P -C and P -C -MHP APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Adams Streeter, Civil Engineers, Inc., Irvine James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the March 18, 1993, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 1 to the All Ayes March 18, 1993, Planning Commission meeting. MOTION CARRIED. -3- CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL RNIDEX Use Permit No. 3131 (Amended) (Public Hearing) item No. Request to amend a previously approved use permit and a UP3131A modification to the Zoning Code that permitted the installation of various ground identification signs at major entrances to Newport Approved Center. The proposed amendment involves a request to add the names of major tenants occupying space in Fashion Island to the existing signs where the existing condition of approval restricts such identification. The proposal also includes a modification to the Zoning Code so as to allow a new Fashion Island /Newport Center identification sign, including names of major tenants in Fashion Island, on the southeasterly corner of Jamboree Road and San Joaquin Hills Road in the APF -H District where the sign area will exceed the permitted 100 sq.ft. An exception to the Sign Code is also requested so as to allow a similar off -site Fashion Island /Newport Center identification sign on the northeasterly . comer of Jamboree Road and San Joaquin Hills Road in the commercial area of the Big Canyon Planned Community. LOCATIONS: Parcels located at the northeasterly comer of San Joaquin Hills Road and Jamboree Road in Commercial Area 15 of the Big Canyon Planned Community; at the southeasterly corner of San Joaquin Hills Road and Jamboree Road; and at the northwesterly comer of East Coast Highway and MacArthur Boulevard (new signs); and located at the northeasterly and southeasterly comers of Jamboree Road and Santa Barbara Drive; the southeasterly and southwesterly comers of Santa Cruz Drive and San Joaquin Hills Road; the southeasterly and southwesterly comers of Santa Rosa Drive and San Joaquin Hills Road; the southwesterly corner of San -4- L CITY OF NEWPORT BEACH MINUTES March 4 1993 ROLL CALL MEX Joaquin Hills Road and MacArthur Boulevard; and the northwesterly and southwesterly corners of San Miguel Drive and MacArthur Boulevard (amended signs).. ZONES: A -P, APF -H, C -O -H, O -S, and P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Tom Redwitz appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A". . Ms. Deborah Allen, 1021 White Sails Way, appeared before the Planning Commission on behalf of the Harbor View Hills Association, and she indicated that the Association has no objections with the proposed signs, and the one specifically located at the comer of East Coast Highway and MacArthur Boulevard. On behalf of herself she expressed her appreciation for the sensitive and helpful ways that The Irvine Company has tried to make Fashion Island and Newport Center more viable. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3131 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Ridgeway concurred with the comments expressed by Ms. Allen. He emphasized that he would like to see the existing pylon signs on Newport Center Drive at East Coast Highway provide a list of the major tenants located in Newport Center and Fashion Island. -5- h1FP10N*0*\\O CITY OF NEWPORT BEACH MINUTES AN ... Is A 1002 ROLL CALL INDEX Commissioner Merrill concurred that directional signs on East Coast Highway would indicate to the public the establishments that are located in Newport Center, and the signs would demonstrate that the facilities meet the needs of the residents so they would not have to leave the City for services. Discussion ensued wherein Mr. Hewicker explained that inasmuch the subject pylon signs are located in the public right -of -way, additional signage would require the approval of the City Council. All Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the proposed altered signs and the proposed new . monument signs will be compatible with surrounding land uses. 2. That the proposed changes to the signs and the proposed new monument signs will not have any significant environmental impact. 3. That the permanent identification signs within the O -S District are consistent with the intent of said District, inasmuch as adequate landscaping is installed in the areas surrounding the signs. 4. That the modification to the Zoning Code to allow the proposed sign in the APF -H District in excess of 100 square feet is consistent with the legislative intent of the Zoning Code inasmuch as the area of sign copy proposed is consistent with the signs previously approved by Use Permit No. 3131 (Amended). 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, or the Big Canyon Planned Community Development Standards, and will not be materially detrimental to the -6- L 46 1, Mt MONOR11\04N& \\kho CITY OF NEWPORT BEACH M.rA, d 1004 ROLL CALL INDEX health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. 6. The approval of Use Permit No. 3131 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood, or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That proposed monument signs and alterations to the existing cube signs and monument signs shall be in substantial conformance with the approved plot plans and elevations, except as noted below. 2. That letters and /or images may be imposed on two faces of each cube sign (Types A & B) only and limited to one side of the monument signs (Type Q. 3. That the signs shall identify only Newport Center /Fashion Island, and the names of major tenants occupying space in Fashion Island. 4. That the illumination of the signs shall be designed and maintained in such a manner as to minimize light spillage and glare to the adjoining streets and properties. 5. That the proposed signs placed at the intersection of any street rights -of -way or private drive shall conform to the City's Sight Distance Standard 110-L for sight distance. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. -7- COMMISSIONERS A a CITY OF NEWPORT BEACH MINUTES March 4 1993 ROLL CALL INDEX 6. That all previously applicable conditions of approval of Use Permit No. 3131 and Use Permit No. 3131 (Amended) shall remain in effect. 7. 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. i s i Use Permit No. 3475 (_Continued Public Hearine) Item No.3 Request to permit the continued operation of an existing UP3475 independent massage establishment on property located in the M- ' 1 -A District. The proposal also includes a request to waive the Cont d to 3/18/9 location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 47, Tract No. 3201, located at 4001 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: John V. Black, Newport Beach OWNER: Aldo Chiappero, Reno, Nevada James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the March 18, 1993, Planning Commission meeting. - Motion * Motion was made and voted on to continue Item No. 3 to the All Ayes March 18, 1993, Planning Commission meeting. MOTION CARRIED. -8- CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL INDEX sss Use Permit No. 3484 (Public Hearin) Item No. Request to permit the continued operation of an existing UP3484 independent massage establishment on property located in the RSC District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from any civic site. LOCATION: Lot 2, Block Z, Tract No. 323, located at 3519 East Coast Highway, on the southwesterly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, in Corona del Mar. ZONE: RSC APPLICANT: Joseph H. Hills, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Joseph H. Hills, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit I'M% 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. 3484 All Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. ENDINGS,: 1. That the existing massage establishment is in conformance . with all applicable provisions of Chapter 5.50 and Chapter -9- , COBUMsszONERs *k1*P0N0R%Wk-\M0 CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL INDEX 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding . land uses. 3. That the Police Department has indicated that there are not any police problems associated with the subject operation. 4. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. . 5. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 6. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 7. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park, playground, or civic purposes. 8. The approval of Use Permit No. 3484 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. -lo- L O�y�,o CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL INDEX CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved site plan and . floor play 2. That the hours of operation shall be limited between the hours of 7 :00 am. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled except that the location requirement which requires that independent massage establishments be a least 500 feet from any civic site is hereby waived. 4. That all signs shall conform to the applicable provisions of . Chapter 20.06 of the Municipal Code. 5. That should prerecorded music be played within the massage 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. 6. That the applicant shall obtain Coastal Commission approval of this application. 7. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. -11- CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL INDEX Use Permit No. 1502 (Amended) (Public Hearing) Item No. Request to review a previously approved use permit that permitted UP1502A changes to the operational characteristics of Lucks Bayside Bar. and Grill with on -sale alcoholic beverages, live entertainment and Removed dancing, with valet and tandem parking, as to include six of g P g� Po from Calendar tables within the existing "net public area" of the facility; the establishment of a second dance area with separate disc jockey; the establishment of an outdoor patio dining area; and to allow expanded hours of operation to include a 6:00 a.m. opening time for breakfast. The Planning Commission will consider modifying the conditions of approval in conjunction with the review of this use permit. LOCATION: A portion of Block 54, Irvine's Subdivision,located at 353 East Coast Highway, on the southwesterly side of East Coast Highway, between Bayside Drive and Jamboree Road, across from the De Anza Mobile Home Park. ZONE: RSC APPLICANT: Lucy's Bayside Bar and Grill, Newport Beach OWNERS: Dr. and Mrs. Jorge Luhan, Newport Beach James Hewicker, Planning Director, requested that this item be removed from calendar to allow staff and the applicant additional time to review the use. Motion * Motion was made and voted on to remove Item No. 5 from All Ayes calendar. MOTION CARRIED. s s : -12- 4 *40Q0 5k CITY OF NEWPORT BEACH MINUTES March 4, 1993 .6 ROLL CALL INDEX Amendment No. 777 (Continued Public Hearing) Item No Request to consider an amendment to Title 20 of the Municipal A777 Code so as to: increase the permitted 3 foot height limit for. Cont 'd fences, walls, hedges and screen planting within the required front to yard setbacks in specific residential districts, as well as 3/18/93 architectural features such as pilasters, gates, and light fixtures, except in required sight distance triangle areas; add language to Section 20.02.070 of the Municipal Code so as to require a sight distance triangle at the intersection of streets and driveways; and delete the requirement for a use permit for fences in specific locations since such fencing is currently reviewed by the Modifications Committee. INITIATED BY: The City of Newport Beach . In response to a question posed by Commissioner Gifford with respect to landscaping, Don Webb, City Engineer, replied that the landscaping would be reviewed by staff on an individual basis and his concern is if sight distance would be obstructed because of a large tree trunk. Commissioner Ridgeway addressed the comments in the staff report regarding changing Section 20.02.070 of the Municipal Code with respect to swimming pool requirements, and William Laycock, Current Planning Manager, explained that 5 foot high walls or fences are required to enclose swimming pools, and the Modifications Committee would not approve such fencing in required front yard setbacks, unless the construction were of open wrought iron or glass. Commissioner Ridgeway addressed the staff report's comments.... to permit the construction of pilasters, gates and light futures in required front yard setbacks, ...... The proposed height is 5 feet 6 inches above the existing grade..... with a maximum cumulative width for all proposed pilasters not to exceed 30% of the lot width. Commissioner Ridgeway stated that 15% of the lot width in front yard setbacks would be more aesthetically pleasing than 30% of -13- .6 p ypPOq'POo CITY OF NEWPORT BEACH MINUTES March 4. 1993 ROLL CALL INDEX the lot width inasmuch as 30% can be very imposing on narrow lots. Discussion ensued between Commissioner Ridgeway, Mr. Hewicker, and Mr. Laycock regarding Commissioner Ridgeway's recommendation of 15% of the lot width for pilasters and light. fixtures. The Commissioners discussed varied cumulative widths of proposed pilasters from 30% to 15% of the lot width on 30 foot and 50 foot wide lots so as to address the concerns regarding sight lines. There being no others desiring to appear and be heard,the public hearing was closed at this time. Motion Commissioner Pomeroy made a motion to approve Amendment No. 777 (Resolution No. 1324), and that the maximum cumulative . width for all proposed pilasters not to exceed 15% of the lot width. Discussion ensued between Chairman Edwards and Mr. Laycock with respect to sight lines and the concern that additional restrictions would require the approval of the Modifications Substitute Committee. Chairman Edwards made a substitute motion to Motion approve Amendment No. 777, Resolution No. 1324 as recommended by staff. In response to comments posed by Commissioner Gifford, discussion ensued between the Commission and staff regarding a maximum cumulative 25% of the lot width including pilasters and gates, and the height of gates. Amended Commissioner Pomeroy amended his motion to approve Motion Amendment No. 777 (Resolution No. 1324) indicating that the maximum cumulative width for all proposed pilasters and gates not to exceed 25% of the lot width. Discussion ensued regarding the height of the pilasters and the gates. Substitute Commissioner Glover .made a substitute substitute motion to stitute continue Amendment No. 777 to the March 18, 1993, Planning ion -14- 4 0 *WWOeJ%ft\1:\\kt0 CITY OF NEWPORT BEACH MINUTES AAarrh d IGOA Ef ROLL CALL INDEX Commission meeting to allow the staff to come back with diagrams and comments regarding the Commission's foregoing discussion. ,11 Ayes Motion voted on, MOTION CARRIED. s e s ADDITIONAL BUSINESS: Add l l Business The Commission discussed the joint City Council /Planning Commission meeting on March 22, 1993, and the need for additional identification signs for Fashion Island and Newport Meeting Meeting Center on East Coast Highway. ID Sign: Fashion The Commission and staff discussed the status of a plan for Island pedestrian circulation in Westcliff Plaza. Mr. Hewicker and Mr. Webb explained that staff met with The Irvine Company to discuss the Commission's concerns with respect to moving outdoor tables Westcli: and chairs so as to create a safe passageway for pedestrians. Plaza Commissioner Pomeroy asked the staff to clarify the actions that were taken in conjunction with the Corona del Mar Senior project Buck relating to dedicating Buck Gully to the City for open space Gully purposes. Mr. Webb responded that no dedication to Buck Gully was made in conjunction with the tract development and that if it was to become public it would be done as a part of the Newport Downcoast Development. He stated that staff would provide a written document in response to Commissioner Pomeroy's question. Adjourn ADJOURNMENT: 8:40 p.m. : s s HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -15- Ef