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HomeMy WebLinkAbout03/19/1992COMMISSIONERS i 0�\� \ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to excuse Commissioner Pomeroy Ayes * from the subject Planning Commission meeting. MOTION Absent CARRIED. Y t t EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer • Dee Edwards, Secretary Minutes of March 5. 1992• Minutes of 3/5/92 Motion Motion was made and voted on to approve the March 5, Ayes * * * * * * 1992, Planning Commission Minutes. MOTION CARRIED. Absent : s s Public Comments: Public «. Comments No one appeared before the Planning Commission to speak on on- agenda items. Posting of the a Posting of the ames Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, March 13, 1992, in front • of City Hall. March 19, 1992 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3050 (Amended) (Public Hearing) Item No.I Request to amend a previously approved use permit which UP3050A permitted the establishment of a restaurant with on -sale alcoholic beverages and live entertainment on property located in the M -1 -A Approved District. The proposed amendment includes a request to add dancing with related pre - recorded music and live entertainment to the restaurant use, between the hours of. 9:00 p.m. and 2:00 a.m. daily. LOCATION: Lots 11, 12, 50, and 51, Tract No. 3201, located at 3950 Campus Drive, on the northeasterly comer of Campus Drive and Quail Street, across from the John Wayne Airport. • ZONE: M -i -A APPLICANT: Campus Square, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Ms. Brandy J. Fakier appeared before the Planning Commission on behalf of the applicant, and she concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public Baring was closed at this time. Motion Motion was made to approve Use Permit No. 3050 (Amended) Ayes * * * * * * subject to the findings and conditions in Exhibit "A ". Absent response to a question posed by Chairman Di Sano regarding ondition No. 10, the Planning Commission's ability to add or modify conditions of approval to the use permit upon the determination that the use permit is detrimental to the community, Ms. Fakier reappeared before the Planning Commission wherein • he acknowledged the condition. Motion was voted on, MOTION CARRIED. -2- March 19, 1992 COMMISSIONERS 0 1 01,10 11 �\ N CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill INDEX FINDINGS: 1. The proposed changes in the operational characteristics of the restaurant is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed addition of dancing and related prerecorded music and live entertainment can be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3050 (Amended) will not, under the circumstances of this case, be detrimental to • the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That all previous applicable conditions of approval of Use Permit No. 3050 and Use Permit No. 3050 (Amended) as approved on January 24, 1991 shall remain in effect in conjunction with this approval. 3. That the sound from the prerecorded and live entertainment shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when said activity is conducted on the site. 4. That the dancing and related prerecorded music and live entertainment shall be limited to the hours of 9:00 p.m. to • 2:00 a.m. daily. -3- COMMISSIONERS • 0�� March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That the off - street parking requirement for the restaurant shall be one parking space for each 40 square feet of "net public area" unti19:00 p.m. daily (50 spaces before 5:30 p.m. and 64 spaces between 5:30 p.m. and 9:00 p.m.), at which time the required parking shall increase to one parking space for each 35 square feet of "net public area" (73 spaces). 6. That the service of alcoholic beverages shall be ancillary to the primary food service operation of the restaurant. 7. That the "net public area" utilized by the restaurant prior to 5:30 p.m., shall be limited to a maximum of 2,000 sq.ft. A physical barrier or partition acceptable to the Planning Department shall be utilized to reduce the "net public area" during daytime hours prior to 5:30 p.m. • 8. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 9. That a Cafe Dance Permit for the proposed dancing shall be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 10. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 11. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • -4- COMMISSIONERS \1('v0\N March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX on -site parking area shall be f dfdlecL In response to a question regarding said condition, Ms. Flory explained that the condition addresses the landscaping, restriping, paving and curbing of the parking lot, that serves the entire building. In response to questions posed by Commissioner Merrill, William Laycock, Current Planning Manager, stated that Use Permit No. 3260 (Amended) was approved on June 4, 1987. Ms. Flory explained that the subject business has not had any violations with the City. In response to comments by Chairman Di Sano, Mr. Hewicker explained that the parking lot is a common area serving three business suites. In response to a question posed by Commissioner Debay with respect to the affect that the property owner's violations have on • the subject application, Ms. Flory stated that the City has the ability to close the building down after April 30, 1992, until the conditions for Use Permit No. 3260 ( Amended) are fulfilled. Commissioner Merrill expressed his objection to the subject establishment opening prior to the property owner meeting his obligations. Chairman Di Sano and Ms. Flory addressed the lease that the tenant has with the property owner. In response to comments posed by Commissioner Edwards and Commissioner Glover, Ms. Flory indicated that if the Commission does not have concerns regarding the parking area for the subject use, then conditions applicable to the parking area do not have to be placed on the subject use permit; however, the property owner is required to comply with the conditions of Use Permit No. 3440 (Amended) as it relates to parking and the landscaping. The public hearing was opened in connection with this item, and Mr. Greg Kearns, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit W. Mr. Kearns stated that he was not aware of the violations on Use Permit No. 3260 (Amended) until he received the • staff report. The property owner is expediting the completion of Use Permit No. 3440 (Amended) requirements, and the lease between the applicant and the property owner indicates that if the -6- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3440 (Public Hearine) Item No.2 Request to permit the establishment of a dry cleaning facility on UP3440 property located in the M -1 -A District. Approved LOCATION: Lot 23; Tract No. 5169, located at 4200 Campus Drive, on the northeasterly corner of Dove Street and Campus Drive, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Greg Kearns, Newport Beach OWNER: Ralph Gray Co., Newport Beach • James Hewicker, Planning Director, stated that conditions of the subject use permit are subject to the fulfillment of the original conditions of approval for Use Permit No. 3260 (Amended), Ralph Gray, property owner. The City has not succeeded to get the property owner to comply with the original conditions of approval; therefore, the City is currently suing the property owner in court. The applicant is on notice that the subject use cannot be established until all of the conditions for Use Permit No. 3260 (Amended) have been met. In response to questions posed by Commissioner Debay, Robin Flory, Assistant City Attorney, explained that the conditions that must be met for Use Permit No. 3260 (Amended) address the parking area that will be utilized by the subject use. The lawsuit has been settled with a Stipulated Judgement which gives the applicant until the end of April to complete all of the necessary conditions for Use Permit No. 3260 (Amended). If the conditions have not been completed by April 30, 1992, the City will go to Court. She indicated that the property owner should be in a position to complete all of the requirements quickly inasmuch as all of the plans have been approved. Commissioner Glover addressed Condition No. 2, Use Permit No. • 3440, stating that prior to the issuance of building permits for the proposed dry cleaners, all conditions of Use Permit No. 3260 (Amended) pertaining to the improvements and landscaping of the -5- March 19, 1992 COMMISSIONERS g 0 ° \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX property owner does not perform so the applicant cannot be granted a use permit, then the agreement ceases. In response to questions posed by Commissioner Debay, Mr. Kearns acknowledged the aforementioned Condition No. 2. Mr. Hewicker explained that it would be difficult to withhold a Certificate of Occupancy if the applicant has not complied with the Uniform Building Code. The staff would prefer that the landlord complete the common area improvements for the development so the tenants can occupy the building as opposed to having tenants enter and then not have the common area improvements, and have non - conforming uses in the building. Mr. Hewicker explained that it will take time for the plans to go through Plan Check. There being no others desiring to appear and be heard, the public hearing was closed at this time. ion * Motion was made to approve Use Permit No. 3440 subject to the "K. findings and conditions in Exhibit In response to a question posed by Commissioner Gross, Ms. Flory explained that if the property owner does not make the required improvements on the property prior to April 30, 1992, that the City would order the property owner to stop the business until all of the conditions have been met, and if the property owner does not comply, the City would go to Court for contempt. Commissioner Gross determined that if the foregoing situation would occur, that the subject establishment would be in'limbo'. Ms. Flory indicated that the property owner is required to comply with conditions that would not directly affect the subject applicant or establishment. Commissioner Gross stated that he does not want to give the property owner any leverage and not do the work by approving the subject use permit. Ayes * * * * * The motion was voted on, MOTION CARRIED. Absent Findings: 1. That the proposed application is for a support service use • and not an intensification of square footage of the existing -7- COMMISSIONERS oC1 o y� March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX structure, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the proposed dry cleaning facility and the other uses on -site. 3. That the approval of Use Permit No. 3440 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worlring 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 development shall be in substantial conformance with the approved site plan and floor plan. 2. That prior to the issuance of building permits for the proposed dry cleaners, all conditions of Use Permit No. 3260 (Amended) pertaining to the improvements and landscaping of the on -site parking area shall be fulfilled. 3. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 4. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 5. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners. 6. That any roof top or other mechanical equipment shall be screened from Campus Drive, Dove Street, and adjoining properties. 7. That any outdoor trash containers shall be screened from . view of adjoining properties and the public streets. -8- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL il Jill INDEX 8. That the cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 9. That all employees shall park on site. 10. That 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. 11. 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. Use Permit No. 3441 i c Headn-gj item No.3 Request to permit the establishment of an automobile repair UP3441 facility on property located in the M -1 -A District. Approved LOCATION: Lot 30, Tract No. 3201, located at 4360 Campus Drive, on the southeasterly side of Campus Drive, between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ONE: M -1 -A APPLICANTS: Hamid -Ziai and Hamid- Nazari, Corona OWNERS: Pierre and Claudia Sawaya, Irvine The public hearing was opened in connection with this item, and Mr. Hamid Nazari, applicant, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A'. -9- March 19, 1992 COMMISSIONERS �3\ o`d CITY OF NEWPORT BEACH MINUTES 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. 3441 Ayes subject to the findings and conditions in Exhibit W. MOTION Absent CARRIED Fin in : 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site to serve the auto repair facility and the other tenants. 3. That the establishment of the subject business will not have • any significant environmental impact. 4. That the approval of Use Permit No. 3441 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 development shall be in substantial conformance with the approved plot plan and floor plans, except as noted below. 2. That a minimum of 10 off - street parking spaces shall be provided, including 4 parking spaces inside the building. 3. That all repair and service activities, including the storage of auto parts, shall be located inside the building. 4. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as from Campus Drive. -10- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill INDEX 5. That no vehicle waiting for service shall be parked outside of the building for a period longer than twenty-four hours unless it is in the process of being serviced. No vehicle shall be considered to be in process of being serviced for a period longer than one week. 6. That the approval of this application shall permit complete engine rebuilding (including electrical and transmission repair), tune -ups and brake installation. No painting, detailing, exhaust repair or other operations of a similar nature shall be permitted on -site unless an amendment to this use permit is approved by the Planning Commission. 7. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department and Fire Department so as to comply with • Section 503 of the Uniform Building Code. 8. That no car washing shall be permitted on the site unless a wash area is provided in such a way as to insure direct drainage of waste water into the sewer system and not into the bay or the storm drains. 9. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 10. Signs indicating the sale of automobiles shall only be permitted within the subject tenant space. And that any automobile repaired for the purpose of resale shall be stored within the building at all times. 11. That all employees shall park on -site at all times. 12. 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. -11- March 19, 1992 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 13. 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. Use Permit No. 3429 (Amended) (Public Hearin¢) . Item No.4 Request to amend a previously approved use permit that permits UP3429A the construction of a hand car wash and detailing facility which also includes a small retail boutique and display area, on property Approved. located in the C -1 -H District. Said approval also allowed a portion of the proposed building to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. The proposed amendment involves a request to allow the dispensing of gasoline in conjunction with the hand car wash facility and the elimination • of the second floor office and display area; and the acceptance of an environmental document. LOCATION: Lots 39 through 42, Tract No. 1210, located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the entrance to the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Mike Icaza, Lawndale OWNER: Golden Empire Trading Co., Inc., Corona del Mar Don Webb, City Engineer, responded to a letter from Richard K Finkel, on behalf of the applicant, dated March 17, 1992, regarding right -of -way rights. He indicated that if the project would be approved, the City would allow the applicant to make an irrevocable offer of dedication for 12 feet of right -of -way along the West Coast Highway frontage for 20 years. If the City does not 'den West Coast Highway within 20 years, the irrevocable offer • would be eliminated and the land would no longer be encumbered. The City has requested that the property be developed so if West Coast Highway is widened, that the development would not be -12- March 19, 1992 COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX impacted. A tentative agreement would require a building setback of 17 feet, incorporating 12 feet for dedication and a 5 foot landscaped area that would be landscaped when West Coast Highway is widened. During the interim, the property owner would be able to use all but 5 feet of the 17 foot area for other purposes, such as parking, so as to provide a 5 foot strip of landscaping behind the sidewalk. The plan that was in affect at the time the foregoing letter was written does not include the aforementioned information: subsequently, the applicant submitted a revised plan that utilizes more of the property. Staff has recommended a modification to Condition No. 13, Exhibit "A ", relating to the 17 foot area indicating that the required parking would be provided outside of the building setback area: ..;and that the buildable area be based on the parcel areas including the area subject to the offer of dedication, and that no required parking shall be allowed in the 17 foot setback area Additional parking would be allowed in the setback area as long as the 5 foot setback area is maintained. • In response to a question posed by Commissioner Gross regarding the secondary driveway, Mr. Webb indicated that said driveway would be used only for gasoline delivery during the day. Commissioner Debay referred to the safety hazards of the egress /ingress of one of the driveways at McDonald's Restaurant located on West Coast Highway, and the traffic circulation from the median to that driveway. On the basis of that analysis, she determined that it may be safer to leave the secondary driveway at the subject site open and have one driveway In' and one driveway 'out'. Mr. Webb indicated that the property owner will pay for 50 percent of the cost of a proposed traffic signal at the intersection across from the Balboa Bay Club, and when the intersection is signalized, it would be appropriate to have one driveway for egress /ingress. Commissioner Debay suggested that the secondary driveway be chained until the traffic signal is installed; however, William L.aycock, Current Planning Manager, explained that several required parking spaces are located in front of the driveway and if the driveway would be opened, said parking spaces would be eliminated. • In response to questions posed by Commissioner Glover, Mr. Webb explained that the applicant could provide surplus parking, approved signs, display areas, or additional landscaping within the -13- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 17 foot setback area. The applicant is not allowed to provide required parking or buildings within said area. Mr. Webb further explained that the applicant would provide a post and chain across the secondary driveway. Commissioner Glover determined that aesthetically a post and chain is a poor solution. Commissioner Merrill suggested that a planter on rollers across the driveway would enhance the area. In response to a concern expressed by Commissioner Edwards regarding the proposed circulation at the subject intersection and the proposed traffic signal, Mr. Webb explained that the traffic signal would allow only a right turn unless there is a green light, and there would not be a crossover to the median. Mr. Webb stated that his concern regarding the secondary driveway would be if an individual tried to make a left turn out of said driveway inasmuch as it could conflict with individuals turning into the development, and it would also conflict with the Balboa Bay Club • traffic. Mr. Webb further stated that one driveway would not have as many conflicts. Commissioner Gross determined that the use of the second driveway is proposed for gasoline trucks and over -sized vehicles, and he questioned why the driveway could not be used for the public at large. Mr. Hewicker explained that the subject application is for the specific purpose to allow the sale of gasoline at the car wash facility, and the additional driveway is requested for the use of gasoline trucks. The original plan that was approved by the Planning Commission on October 21, 1991, which allowed the car wash without the gasoline service, and with only one driveway. iscussion ensued regarding the sale of gasoline and the intensification of use at a car wash. Commissioner Merrill stated at it is difficult to only purchase gasoline at a car wash without driving an automobile through the car wash. Discussion ensued between Commissioner Debay and Mr. Webb egarding traffic circulation after the traffic signal is installed. The public hearing was opened in connection with this item, and Grady Hanshaw and Mr. Rick Finkel appeared before the Tanning Commission on behalf of the applicant. Mr. Hanshaw -14- COMMISSIONERS March 19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX concurred with the findings and conditions in Exhibit "A', as modified. Mr. Hanshaw addressed Condition No. 13, Exhibit "A% wherein he stated that the applicant would comply with the agreement that would be ultimately decided upon between Mr. Webb and Mr. Mardikian, the property owner. Mr. Hanshaw stated that the 17 foot setback area would be utilized as surplus parking. Mr. Finkel addressed the secondary driveway whereby he stated that the applicant does not anticipate any gasoline only service inasmuch as the car wash tunnel is the only means of egress on the site. The typical car wash facility generally requires that an employee drive the automobile through the car wash. It is the intent of the establishment to drive the automobile to the furthermost forward point where the automobile can be dried or toward the exit driveway where the traffic signal is proposed. It is not in keeping with the correct function of a car wash or the way the employees would be directed to dry the automobiles to have anyone exit out of the secondary driveway. The second driveway is for the purpose to enter and exit trucks, and no other large vehicles would be using the driveway with the exception of sanitation trucks. The applicant proposes to make the secondary driveway surface a plantable driving service so the only thing that could be observed from West Coast Highway would be a sodded area. The post and chain were suggested so as not to install a device that would swing either into the site or swing out on to West Coast Highway; however, a lift up gate or a rolling gate would be more aesthetically pleasing. Mr. Finkel addressed Condition No. 13, Exhibit "A", as modified. A problem could develop on the site where it may be that employees' automobiles would be parked 17 feet out from the curb adjacent to automobiles that would be drying on either side and that would not allow the applicant the use of the setback area. The site plan proposes all of the parking on West Coast Highway at the 5 foot landscaped area to avoid a conflict with drying automobiles that would be circulating in the area. The original plan indicates that when West Coast Highway is widened that all of the required parking spaces would be provided at the time of • ultimate dedication. The applicant is proposing the revised plan as Phase I whereby all of the parking is closer to West Coast Highway, and when West Coast Highway is widened, the applicant -15- March 19, 1992 lie COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX would institute Phase II where everything moves up 12 feet, including all of the parking. The applicant would eliminate all of the curb and gutter and repave and restripe the parking lot; therefore, it would be reasonable to make an adjustment of up to 12 feet. Mr. Finkel requested additional wording for Condition No. 13 and an acceptance of Phase I and Phase H buildout per the plans that were submitted. Mr. Laycock pointed out that the staff report indicates that only 7 parking spaces are being provided for on -site, and the Zoning Code requires 8 parking spaces unless a portion of the building would be reduced in size. Mr. Finkel agreed to provide the additional 1 parking space, and to modify the 12 feet and 3 feet of landscaping to 12 feet and 5 feet of landscaping until the Phase II buildout is completed so as to comply with all of the parking requirements. . Mr. Webb stated that if a phased plan would be provided that delineated where the required parking was outside of the 17 foot setback area and the plan was incorporated into the property agreement with concurrence of the lessee and the property owner, that this would be the implemented plan at the time West Coast Highway is widened. The concern would be that West Coast Highway may not be widened for several years, and there could be a potential change of property ownership. It is important to stripe the required parking in the manner that it had to be shown, realizing that it might not necessarily be used that way, and a written plan could also be provided. In response to a question posed by Chairman Di Sano with respect to attaching the agreement to the property, Mr. Webb explained that the agreement that would be executed would be recorded. Commissioner Gross suggested a recorded document that runs with the title of the property. Commissioner Merrill and Mr. Webb discussed the irrevocable offer of dedication that would be on the parcel map. Mr. Webb stated that all of the interested parties shall know where the equired parking is so that in the future it would be apparent when • the parking is removed from West Coast Highway. -16- - COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Merrill, Mr. Finkel explained that the parking counts are on the plan indicating the number of parking stalls. Mr. Finkel and Commissioner Edwards addressed the traffic circulation before the traffic signal is installed, and the barrier that is proposed across the driveway. In response to a question posed by Commissioner Glover, Mr. Finkel and Mr. Hanshaw explained that the applicant and the Balboa Bay Club will contribute 50 percent towards the cost of a traffic signal, and the applicant has met with the Balboa Bay Club and the City regarding the future installation of a traffic signal. In response to a question posed by Commissioner Gross, Mr. Webb replied that the traffic signal would be a six-face signal. Commissioner Gross asked if the applicant would agree to record an agreement with respect to Phase II stating that there is an agreement with the City, and at the point in time that the dedication is accepted by the City, that the project has to be redesigned in accordance with the Phase II document so as to inform new property owners or a long term leaseholder. Mr. Hanshaw stated that he would agree to said condition. Commissioner Gross, Mr. Hanshaw, and Mr. Finkel discussed a suitable barrier across the secondary driveway wherein Commissioner Gross and Chairman Di Sano suggested that a condition be added requesting a suitable barrier or aesthetic gate that would be satisfactory to the City Engineer. Commissioner Gross emphasized his opposition to a chain and post. response to questions posed by Commissioner Merrill, Mr. Hanshaw explained that the City Traffic Engineer indicated that gasoline deliveries would be allowed between the 12:00 midnight and 6:00 a.m. Mr. Hanshaw stated that there has been a discussion with the Balboa Bay Club regarding the car wash services. Commissioner Merrill expressed concern regarding traffic between the Balboa Bay Club and the car wash before the traffic signal is installed. Mr. Hanshaw and Commissioner Edwards discussed the late night gasoline delivery and if it would impact the adjacent residents. -17- March 19, 1992 COMMISSIONERS MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3429 subject to the Ayes * * * * findings and conditions in Exhibit "A ", modifying Condition No. 13 Absent to state ...subject to the offer of dedication; that required parking shall be designed to be outside the 17 foot setback area; and that the implementation of this plan be provided for in the recorded dedication agreement.; No. 18 be modified to state ...that the westerly drive apron be aesthetically gated and approved by the Planning Department.. In response to a question posed by Chairman Di Sano, Mr. Hanshaw concurred with the aforementioned modified conditions. Motion was voted on, MOTION CARRIED. • ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the following mitigation measures: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 7535(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. -18- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Mitigation Measures: 1. Prior to issuance of a building permit, a detailed acoustical analysis report shall be prepared describing the noise generation potential for the project based on the detailed project design, noise attenuation features, and equipment specifications. The report shall demonstrate that the project will not exceed allowable levels as described in the County of Orange Noise Control Ordinance with respect to the residential properties adjacent to the project site. The report shall be subject to review and approval by the Planning Director. • 2. The hours of operation of the project shall be limited to 8:00 am. to 6:00 p.m. daily. 3. Prior to issuance of any building permit, the applicant shall demonstrate to the Planning Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. 4. That prior to the issuance of a building permit, the applicant shall provide written certification to the Building Department signed by a licensed Soils Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. 5. That prior to issuance of a certificate of use and occupancy, the applicant shall demonstrate to the satisfaction of the Building Department and the Fire Department, that the project is in compliance with the County of Orange Health • Department and the City Fire Department Regulations. -19- COMMISSIONERS 0 \10, March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL il Jill INDEX B. USE PERMIT NO. 3429 (Amended) Fin in : 1. That the proposed development is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 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 public improvements may be required of a developer per Section 20.80.060 of the Newport Beach Municipal Code. • 4. That adequate parking will exist on -site to serve the car washing /auto detailing and gasoline sales facility and the related retail use. 5. That the establishment of the subject business with the addition of underground gasoline storage tanks and retail gasoline sales will not have any significant environmental impact. 6. That the approval of Use Permit No. 3429 (Amended) will not result in abrupt scale relationships between the subject site and the neighboring properties. 7. That the increased height of the cupola type structure as previously approved by Use Permit No. 3429 has not been altered and will result in a more appealing architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 8. That the structure will have no more floor area than could • have been achieved without the Use Permit. 9. That the approval of Use Permit No. 3429 for the proposed use and the increased height of the cupola type structure is -20- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX still in force and that the approval of Use Permit No. 3429 (Amended) for the addition of underground gasoline storage tanks and retail gasoline sales 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 development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the on -site access to the proposed facility shall be subject to further review by the City Traffic Engineer prior • to the issuance of building permits for the subject facility. 3. That a landscape plan shall be approved by the Planning Department and the .Parks, Beaches and Recreation Department. Said landscaping shall measure a minimum of 5 feet in width adjacent to the front property line along West Coast Highway and shall be installed in accordance with the approved plan and shall be permanently maintained. 4. That the landscaping shall not obstruct the line of sight of vehicles exiting the subject property. That the City Traffic Engineer shall approve the final location of the landscaping prior to issuance of building permits. 5. That a parcel map be processed and recorded prior to issuance of any building permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the Bearings relate to the State Plane Coordinate System. 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 the construction project. -21- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 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 record a parcel map or obtain a building permit prior to completion of the public improvements. 8. That one parking space for each 250 square feet of gross floor area, excluding the wash tunnel, shall be provided on- site. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 9. That the applicant be responsible for 50% of the design and construction costs for a traffic signal at the project driveway • and West Coast Highway as traffic warrants have been met. An appropriate agreement and surety shall be provided in order to guarantee completion of the traffic signal improvements. 10. That the main entrance drive shall be designed to line up with the entrance to the Balboa Bay Club as approved by the City Traffic Engineer; that the intersection of the driveways and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. 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. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 11. That the existing unused drive aprons be removed and replaced with curb, gutter and sidewalk along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation. 12. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of -22- COMMISSIONERS March 19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX a parcel map or issuance of any building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 13. That the owner shall execute an Irrevocable Offer Of Dedication Agreement for twelve (12) feet of right -of -way to the public for street and highway purposes along the West Coast Highway frontage prior to recordation of a parcel map or issuance of any building permits. The agreement shall bind the owner and the future tenants' leasehold interest and shall include the following provisions: that the irrevocable offer of dedication shall be for 20 years from date of recordation; that the City or other agency shall not accept the dedication until such time as funds have been programmed for the construction of the widening of West Coast Highway; that the building setback shall be seventeen • (17) feet (the 12 foot irrevocable offer plus a 5 foot setback for landscape purposes) from the existing West Coast Highway property line; that the buildable area be based on the parcel areas including the area subject to the offer of dedication; that required parking shall be designed to be outside the 17 foot setback area; and that the implementation of this plan be provided for in the recorded dedication agreement. 14. 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. There shall be no construction storage or delivery of materials within the West Coast Highway right -of -way. 15. That the proposed monument sign be designed to provide sight distance along West Coast Highway and that the design be approved by the Public Works Department; that a Public Works Department Encroachment Permit be issued • for construction of the proposed monument sign; and that the owner shall remove the proposed monument sign upon 30 days written notice from the City that street or other 23- COMMISSIONERS March 19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX public improvements are to be constructed within the West Coast Highway right -of -way. 16. That the drainage from the car wash be collected on -site and disposed of in a manner acceptable to the Public Works Department. 17. That the location of the proposed gasoline storage tanks be approved by the Fire Department and the Public Works Department. 18. That the westerly drive apron be used for after hour deliveries only; that the westerly drive apron be aesthetically gated and approved by the Planning Department to prevent public access; and that the design of the westerly apron and plantable driving area be approved by the Public Works Department. • 19. That a landscape trellis or solid fence, at least 5 feet in height shall be installed between the proposed detailing area and West Coast Highway. Said landscaping and trellis shall be permanently maintained. 20. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 21. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on -site. 22. That the entire site shall be maintained in a clean and orderly manner. 23. That the wash tunnel area shall also be protected so as to prevent drainage from the parking lot from entering the sewer system. The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities • Department. 24. That the hours of operation shall be limited between the hours of 8:00 am. and 6:00 p.m., daily. -24- COMMISSIONERS �,P March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 25. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 26. That all employees shall park on -site at all times. 27. 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. 28. 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. The Planning Commission recessed at 8:45 p.m. and reconvened at 8:55 p.m. Amendment No. 7 1 (Continued Public Hearing) item No.s Request to consider an amendment to Districting Map No. 10 so A751 as to reclassify two lots located on the northerly side of West Balboa Boulevard (706 and 708 West Balboa Boulevard) from the Cont ' d to R -1 District to the O -S (Open Space) District; and to reclassify a 4 -9 -92 single lot located on the southerly side of West Bay Avenue (717 West Bay Avenue) from the R -2 District to the O-S (Open Space) District. LOCATION: Lot 11, Block 5, East Newport, located at 717 West Bay Avenue, on the southerly side of West Bay Avenue, between 7th Street and 8th Street; and Lots 25 and 26, Block 5, East Newport, located at 706 and 708 West Balboa • Boulevard, on the northerly side of West Balboa Boulevard, between 7th Street and 8th Street, on the Balboa Peninsula. -25- March 19, 1992 COMMISSIONERS � osib, CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ZONES: R -1 and R -2 APPLICANT: Newport Harbor Yacht Club, Balboa OWNER: Same as Applicant James Hewicker, Planning Director, indicated that in lieu of the subject application, the applicant could have applied for a use permit for the expansion of the existing yacht club parking lot which would have been conditioned, and would have ultimately been changed from the R -1 and R -2 Districts to the Open Space District. He suggested a review of the site plan indicating parking lot striping, landscaping, and an ultimate lighting pattern. In response to a question posed by Commissioner Debay regarding Open Space zoning for public parking, Mr. Hewicker explained that • public and private parking can be placed in an Open Space District, and a yacht club is allowed in an Open Space District subject to a use permit. Commissioner Edwards addressed Section 20.52.040 of the Municipal Code wherein it includes public parking and excludes private parking as a permitted use in the Open Space District. Commissioner Debay and Ms. Flory discussed the determination between public and private parking. In response to a comment posed by Commissioner Edwards regarding the language in the Ordinance permitting Open Space zoning for a yacht club, Mr. Hewicker stated that the yacht club has been on the bay front property since the 1920's, and there was not Open Space zoning until the last few years at which time the yacht club requested Open Space zoning not only for the property on which there is a club facility but also the adjacent lots that are used for parking. The yacht club was not required to apply for a use permit .because it was a pre - existing use. The yacht club is currently requesting that lots owned by the yacht club that are currently zoned R -1 and R -2 be rezoned to Open Space, to demolish the existing structures on said lots, and to use the area for parking. Mr. Hewicker explained that the yacht club could leave the property in the R -1 and R -2 Districts and request a use permit to establish parking. ® Parking is a permitted use in the R -1 and R -2 Districts. It is not unusual to allow parking on the same lot, on an adjacent lot, or on a lot either across the street or an alley from a commercial use. -26- March 19, 1992 COMMISSIONERS o. o� • �� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Glover referred to letters indicating that the yacht club employees did not park in the parking lot. Mr. Hewicker responded that the adjacent streets are public, and the City cannot prohibit the yacht club from parking cars on the public streets. Ms. Flory explained that conditions cannot be added to require employee parking because there is no use permit to add conditions to the yacht club facility. Commissioner Glover and Mr. Hewicker discussed the purpose of the yacht club requesting additional parking. Commissioner Glover addressed the undergrounding of the utilities on the property. Don Webb, City Engineer, explained that the residents in the area, including the yacht club, have requested that an Assessment District be formed. The utility companies have been requested to prepare the plans for the undergrounding, and when the amount of money is determined, the City Council will be asked to set up an Assessment District. If approved, the undergrounding in the area would be completed within the next two years, including the yacht club parking lot. Commissioner Gross stated that the existing poles in the parking lot on the yacht club property should be a condition requiring undergrounding. Commissioner Gross, Mr. Webb, and Mr. Hewicker discussed undergrounding requirements and conditions that have been placed on parcel maps and tract maps, and not a zone change. The Municipal Code states that when a certain amount of construction, not demolition, is done on a site, the City can require undergrounding. Commissioner Merrill addressed the landscaping on the subject site whereby Mr. Hewicker explained that the site requires no landscaping. Mr. Hewicker pointed out that Condition No. 8, Exhibit "A ", requires landscaping and walls, and the foregoing site plan requested by staff will portray the landscaping and walls. The public hearing was opened in connection with this item, and Mr. Timothy Collins, 412 Bellevue Lane, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Collins concurred with the findings and conditions in Exhibit "A" with the exception of specific concerns. Condition No. 3, regarding a dedication to the public for street and • highway purposes at the intersection of the two alleys located adjacent to 706 West Balboa Boulevard within 90 day approval of the subject Amendment, Mr. Collins suggested that the _27_ COMMISSIONERS o. o • March 19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill INDEX requirement be in conjunction with the final site plan and landscape approval. Condition Na 4, regarding public right -of -way improvements, Mr. Collins stated that the applicant would not object to public improvements immediately adjacent to the subject three lots. Condition No. 7, regarding parking lot lighting, Mr. Collins requested a deferment inasmuch as the request coincides with the proposed undergrounding of utilities. The lighting in the existing parking lot is hanging on the utility poles, and new lighting poles would conflict with the restriping of the lot. Mr. Collins described the improvements that have been made in the parking lot within the past three years. He said there would be a financial hardship if the lighting had to be handled twice. Conditions No 8, regarding a landscape and walls, and No 10, regarding a 6 foot high masonry wall, Mr. Collins requested that the • mitigation measure be decorative fencing and not masonry walls. In reference to Mr. Collins' request regarding Condition No. 3, Mr. Webb stated that staff would not object to the modification. In reference to the aforementioned request regarding Condition No. 4, Mr. Webb indicated that the condition only concerns the subject three lots. In response to a question posed by Commissioner Glover, Mr. Webb stated that the requirement would be in context with the adjacent property. In reference to the foregoing Conditions No. 8 and No. 10 regarding a wall; Mr. Hewicker explained that the requirements are for a landscape wall adjacent to a residential area. In reference to Condition No. 7 regarding parking lot lighting, Mr. Hewicker suggested that the applicant could consider painting the sides of the existing lights to eliminate light and glare spillage onto adjoining properties. Chairman Di Sano stated that mogul base light bulbs could be considered whereby the bulb of the lamppost is painted and directs the beam of light away from a particular entity. Mr. Hewicker stated that the existing lights at the yacht club were installed by The Edison Company and he questioned • which party would be responsible to modify the lights. Chairman Di Sano stated that an aluminum guard could also be considered for installation. -28- COMMISSIONERS i 0 March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Commissioner Glover, Mr. Collins explained that the yacht club does not intend to increase the parking lot lighting on the new lots inasmuch as there is enough spill-off from the existing lights. Mr. Collins addressed the site plans on display wherein he pointed out that the revised site plan indicates the proposed buffering of landscaping and fencing. The revised plan does not reflect the 5 foot setback of walls from the alleys as recommended by staff, and the corner radius has not been shown at the intersection of the alleys. In response to a question posed by Chairman Di Sano, Mr. Collins stated that the residents have not seen the revised site plan. In response to a question posed by Mr. Hewicker, Mr. Collins explained that the trees shown on the revised plan were spaced without regard to source and the yacht club would agree to saving existing trees, if possible. It may be better to purchase new trees based on the damage to the roots if the existing trees would be moved. One tree that the yacht club will attempt to preserve will be the pepper tree on the east end of the property. Mr. Hewicker explained that the pepper tree is an impediment to vehicular maneuverability in the alley. Commissioner Gross requested a clarification of Anne Gifford's letter dated March 19, 1992, wherein it states that the applicant has failed to comply or has done so only in the most marginal way with even the minimal conditions imposed in the past (vis. that a boundary wall be constructed on the easterly property line (Use Permit No. 1517). Mr. Bryan Taylor, 204 Via Cordova, General Manager, appeared before the Planning Commission wherein he stated that there has not been an opportunity to review said letter. William Laycock, Current Planning Manager, stated that Use Permit No. 1517 required that a wall be provided adjacent to the side property line between the parking lot and the adjoining residential property; and he indicated that a wall exists along the side property line as required. In response to a question posed by Commissioner Gross regarding • undergrounding the utilities, Mr. Collins stated that he would be reluctant to commit anything that is a departure from the plan that the applicant is pursuing for the Assessment District. He said that -29- COMMISSIONERS March 19, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX the applicant would entertain the obligation to underground the conduit at this time. Ms. Flory stated that the authority to condition undergrounding is addressed in the Resubdivision sections of the Ordinance and other provisions of the Municipal Code, and it is not feasible to add the undergrounding condition at this time. The property owner could make a commitment to not object to any proceedings for undergrounding. Requiring undergrounding might be difficult on the basis that other property owners within the District could oppose the Assessment Distria In response to a question posed by Commissioner Gross, Mr. Collins replied that the applicant would not agree to undergrounding the utilities before the Assessment District is formed. Mr. Collins indicated that the yacht club has undergrounded on West Bay Avenue. In response to a question posed by Commissioner Merrill regarding the fence, Mr. Collins explained that the applicant would prefer to install the wooden fence and not the block wall. The wooden fence would be elevated to the height requirements. Commissioner Merrill expressed concerns regarding a wooden fence in the alley, and the request consists of a non - residential use into a residential area. Mr. Collins stated that the yacht club has no plan to increase the membership. In response to a question posed by Chairman Di Sano, Mr. Collins stated that the purpose to increase parking is to relieve congestion during peaks which currently affects the adjacent property owners. Commissioner Glover asked if the applicant would enhance the landscaping in the existing parking lot whereby Mr. Collins concurred that the entire area would be improved. In response to a question posed by Commissioner Edwards, Mr. Collins explained that the yacht club has at least five events during he year where the parking demands could not be met, i.e. opening ay, the Parade of lights, and hosting major yacht club regatta vents. Parking is currently rented from the Ebell Club and the . Catholic Church to meet the parking demands. -30- March 19, 1992 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Debay addressed Ms. Gifford's aforementioned letter wherein it is stated that valets use public parking spaces before the private parking lot is used. Mr. Taylor explained that normally the valets use the private parking lot first and if necessary, automobiles will be parked on the streets. Ms. Anne Gifford, 705 West Bay Avenue, appeared before the Planning Commission, and she referred to her aforementioned letter dated March 19, 1992. In response to valet parking, Ms. Gifford stated that the neighborhood has experienced street parking by valets. The neighbors met with the applicant to express concerns regarding the fencing, landscaping, and noise barriers recently which would have given the applicants sufficient time to respond to said concerns. She addressed the existing condition of the fence between the existing parking lot and the adjoining residential property, and the manner it was constructed. The question is whether the life of a neighborhood is going to be suffocated by cement, and no previous expansions prior to the 1985 adoption of the General Plan are appropriate or relevant to what is done in 1992 to preserve neighborhoods. What is relevant is the lack of any credible legal basis for authorizing the zone change. She determined that the conditions on the subject Amendment are not the same conditions that would be applied to a use permit as previously stated by staff, i.e. undergrounding of utilities. The neighbors have approved undergrounding; however, the Assessment District consists of one block. She addressed the use of a private parking lot vs. a public parking lot; that 43 percent of the 157 members of the yacht club are not residents of the City; and that 14 percent of the members are new since 1988. Mr. Hewicker stated that there is no use permit on the property where the yacht club building exists, and he questioned the feasibility of conditions on the yacht club's parking lot which pertains to the operation of the yacht club, which would be appropriate if there would be a use permit for the property between West Bay Avenue and the bay. In reference to undergrounding, Mr. Hewicker explained that ultimately the utilities will be undergrounded, and no construction will be occurring in conjunction with the subject application. The 1988 • General Plan indicates the Newport Harbor Yacht Club and the open space that currently exists. The City is not allowing the -31- COMMISSIONERS March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX dissemination of the residential area on the Peninsula by the expansion of the yacht club. Discussion ensued regarding the requirements of a use permit that could be applied to the yacht club. Ms. Flory explained that a new yacht club would require a use permit; however, the subject facility is a legal, non - conforming use and no conditions can be placed on the yacht club. If the yacht club would apply for a use permit and the existing zoning for the three lots would remain, the same conditions that are recommended for the subject Amendment would be applicable to the use permit. In response to comments that Commissioner Edwards addressed regarding Section 20.52.050 of the Municipal Code, Uses Requiring Use Permit, with respect to any such use that was in existence prior to a use permit, Ms. Flory indicated that the section would apply if a yacht club would be constructed on the subject three lots that are proposed to be rezoned. Mr. Laycock pointed out that Section 20.10.020, Residential Districts of the Municipal Code, allows parking lots, public or no fee private parking lots for automobiles in any residential district subject to the securing of a use permit. Commissioner Edwards and Mr. Laycock discussed the issue that the section states "adjacent to any industrial or commercial district subject to the securing of a use permit". Commissioner Glover indicated that the subject property is in disrepair, and she questioned the future maintenance of the roperty if the application is not approved. Ms. Gifford stated that if the application is not approved the yacht club would not allow degeneration of the property, and would probably sell the property. Commissioner Glover stated that the Commission must determine if they want areas in the City where houses can be torn down so private groups can have private parking which would have impacts n the neighborhoods. She addressed her concern that the applicant allowed the subject property to deteriorate. Hewicker referred to aforementioned Section 20.10.020, Residential Districts, wherein it states that "the following uses shall be permitted in any residential district, subject to the securing of • use permit: institutions, cemeteries, public buildings including churches .... yacht clubs ... and municipally operated parking lots." He asked the Commission if it is the interpretation of the Planning -32- COMMISSIONERS 0 5� March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commission that a yacht club would be allowed in an 'R" District subject to a use permit, a municipally operated parking lot would be permitted subject to a use permit, but a parking lot for a yacht club would not be allowed? Commissioner Gross expressed his support of additional parking on the Peninsula because of the lack of parking spaces; however, there will be residents that will be heavily impacted by the expansion of the existing parking lot. A compromise should be made by the yacht club to benefit the residents, including landscaping and undergrounding. In response to a question posed by Commissioner Merrill, Ms. Gifford replied that she has been a resident on West Bay Avenue for six years and she has observed that valet parking on the public streets occurs more often then five or six times a year. Commissioner Merrill expressed his concern that valet parking • operates on public streets. In response to questions posed by Commissioner Debay, Ms. Gifford stated that it would be of some benefit to the public and the City if the existing parking lot would be expanded to free up street parking; however, she indicated that demolishing homes and paving over the area could be detrimental to the quality of the neighborhood. Ms. Gifford responded to earlier statements indicating that construction on the site would consist of walls, and the General Plan provided for the existing yacht club. Ms. Flory explained that the regulations to construct walls is not the same that is referred to in the Zoning Code. Mr. Hewicker read statements in the Land Use Element of the General Plan regarding the Newport Harbor Yacht Club wherein he explained that the yacht club would be allowed to expand up to 20,000 square feet subject to securing a use permit. Chairman Di Sano stated that the existing parking lot serves a pre- existing non - conforming yacht club, and he stated the need to balance the concerns of the residents and the yacht club. Ms. Marjorie Lindamood, 627 West Bay Avenue, appeared before • the Planning Commission to state her opposition to the request. She stated that the yacht club promised the neighbors landscaping and aesthetically pleasing improvements 10 years ago and the yacht -33- March 19, 1992 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX club did not follow through on their promises. She addressed the impact in the residential area during the day when there are special luncheons; if approved, that the existing trees remain on the site; that a memorandum urged the members to park their automobiles on the street leaving the parking lot for the latecomers; that boat trailers and automobiles remain on the street for several days while the owners are sailing; that the yacht club has approached several property owners to sell their property; and that the lighting in the parking lot be diffused. She stated that Mrs. Moise, 715 West Bay Avenue, Jack Ward, 713 West Bay Avenue, and a resident of 627 West Bay Avenue have requested denial of the application. In response to a question posed by Commissioner Merrill, Ms. Lindamood confirmed that public streets are used for valet parking. Mr. Lee Rogaliner, 705 West Bay Avenue, appeared before the Planning Commission to request denial of the application. He addressed photographs of the area and an exhibit of an alternative plan. He stated that the neighbors are concerned with traffic, noise, air pollution, and privacy. The residents met with representatives of the yacht club and it was agreed that it would be proper to continue the 2 -1/2 foot high fence on West Balboa Boulevard; however, the residents requested a 7 foot high fence along the alleys so as to block the residences, and he referred to a photograph indicating an existing 7 foot high wood fence that the yacht club has on West Bay Avenue that allows landscaping. The yacht club indicated that they did not want a fence higher than 2- 1/2 feet. The residents have requested 48 inch boxed trees every ten feet, and the trees be extended to the height of the wall and the leaves above the wall. He indicated that lighting on the wall would be attractive on the alley and on the side of the yacht club parking lot. In response to a question posed by Chairman Di Sano, Mr. Rogaliner replied that subsequent to the aforementioned meeting, the yacht club compromised that trees would be planted on the alley behind the houses on West Bay Avenue. In response to a question posed by Commissioner Gross with respect to constructing the fence on the property line, Mr. Rogaliner explained that the residents are concerned that the alley could become a thoroughfare and a 5 foot setback would widen the -34- March 19, 1992 COMMISSIONERS o c d. d�, • ���� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX alley from 10 feet to 15 feet. Mr. Webb described the setbacks where the two alleys come together, and he indicated that the setbacks would enhance the maneuverability around the comer. Mr. Rogaliner requested that landscaping be constructed in the setback area. Commissioner Glover and Mr. Webb discussed the setback areas and the landscaping area in the alleys. Mr. Robert Foster, 404 East Ocean Front, appeared before the Planning Commission. He expressed a concern regarding the quality of life in the area compared to what it was 19 years ago, and he questioned the change in the use of the property. In response to questions he posed regarding the change in the residential area, Mr. Hewicker explained that the ocean front parking lot is owned by the City of Newport Beach and the City is not actively pursuing the enlargement of the ocean front parking lot. The yacht club has determined a need to expand their off -site • parking facilities so as not to use the public streets, and the yacht club is trying to be more compatible with the activities that occur on the property. Mr. Foster, .Mr. Hewicker, and Commissioner Gross discussed the use of the subject property. In response to a question posed by Commissioner Glover, Mr. Webb replied that approximately 18 additional parking spaces would be provided by the yacht club. Mr. Edward Underwood, 709 West Balboa Boulevard, appeared before the Planning Commission. He expressed his concern regarding the existing lighting in the parking lot, and he recommended installation of glare shields or modern fixtures. He supported trees against the back of the alley to screen the existing structures. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to continue Amendment No. 751 to the April 9, 1992, Planning Commission meeting. Commissioner Gross requested that the applicant investigate the undergrounding of utilities; the height of the fence and to consider Mr. Rogaliner's recommendation regarding the landscaping; the possibility of -35- COMMISSIONERS \0� March 19, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX shielding the lights; and the applicant and residents meet for the purpose of compromise. Commissioner Debay requested that the Public Works Department concerns be addressed regarding the alleys, the 5 foot dedication at the intersection of the alleys, the sight distance, and the ingress and egress of the parking lot. In response to a question posed by Commissioner Debay, Mr. Webb replied that the City does not allow boat trailers on the street unless they are attached to automobiles, and the vehicles cannot remain on the street longer than 72 hours. Commissioner Edwards requested the number of parking stalls that will be provided, and how many parking stalls will be added if the subject application is approved. Commissioner Merrill addressed his concerns regarding the valet • parking wherein Ms. Flory and Mr. Webb discussed with Commissioner Merrill the feasibility of not allowing valet parking on public streets. Commissioner Merrill addressed the feasibility of relocating the bus shelter. Mr. Webb explained that the concern would have to be considered by the Orange County Transit District. Commissioner Debay requested that staff respond to Ms. Gifford's aforementioned letter dated March 19, 1992. Commissioner Edwards reluctantly supported the motion to continue Amendment No. 751 based on the public testimony. He indicated there is no legal basis for the zone change, and he expressed his concern regarding the differences between private d public parking. Commissioner Merrill expressed his concern that a non - residential use is being considered in a residential area. * * * * * * otion was voted on to continue Amendment No. 751 to the April ent Jes R, 1992, Planning Commission meeting. MOTION CARRIED. : • a -36- March 19, 1992 COMMISSIONERS MINUTES o G' ��rn 0 \ CITY OF NEWPORT BEACH ROLL CALL 11 1111 INDEX DISCUSSION ITEM: Amendment No. 753 a -1 Request to consider an amendment to Title 20 of the Newport A753 Beach Municipal Code so as to revise the definition of "Grade ". set for PH 4/23/92 In response to questions posed by Commissioner Gross, Mr. Hewicker stated that inasmuch as October 12, 1972, was the last time the Section regarding the definition of "Grade" was modified, problems have occurred because one property may be treated differently from another property and they could be adjoining properties. Mr. Hewicker concurred with Commissioner Gross' comment that the proposed Amendment concerns problems that have occurred in the past. Following a discussion between the Commission and staff regarding . the proposed revisions to the definition of "Grade ", Mr. Hewicker stated that staff would submit examples in the upcoming staff report. Motion * Motion was made and voted on to schedule a public hearing for Ayes * * the Planning Commission meeting of April 23, 1992. Absent * r ADDITIONAL BUSINESS: Add'1 Tanning Director Hewicker discussed items on the Joint City Business Council /Planning Commission Agenda of March 23, 1992, with the Joint cc/ Commission. - PC Mtg Motion * Motion was made and voted on to excuse Commissioner Gross Gross Ayes from the Planning Commission meeting of April 9, 1992. Excused Absent * ' ADJOURNMEML, 11:15 p.m. NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -37-