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HomeMy WebLinkAbout04/08/1993COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: April R 1993 ROLL CALL INDEX Present * * * * * Chairman Edwards and Commissioner Glover were absent. Absent R = i EX-OFFICIO OFFICERS PRESENT- James Hewicker, Planning Director Robin Flory, Assistant City Attorney _ = x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of March 18. 1993 .Minutes Motion * Motion was made and voted on to approve the March 18, 1993, of 3/18/9 Ayes * * * Planning Commission Minutes. MOTION CARRIED. Absent x x x Public Comments: Public No one appeared before the Planning Commission to speak on Convents non - agenda items. x s x Posting of the Agenda: posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, April 2, 1993, in front of City Hall. x x x 4 \?p CITY OF NEWPORT BEACH MINUTES April R_ 1993 ?OLL CALL INDEX Request for Continuances: Director Hewicker recommended that Item No. 2, Modification. No. 4065, regarding property located at 508 Dahlia Avenue, be. removed from calendar. Staff will renotice the item to set for public hearing subsequent to the public hearing by the City Council on Amendment No. 777. He stated that the applicant, Joe Sperrazza has requested that Item No. 4, Use Permit No. 3306 (Amended), regarding property located at 501 30th Street, be continued to the Planning Commission meeting of April 22, 1993, and Item No. 10, regarding the Westbay parcel of the Upper Newport Bay Regional Park site, be continued to April 22, 1993, to allow staff and the Planning Commission additional time for review. on * Motion was made and voted on to remove Item No. 2 from Went * * * * * calendar and to continue Items No. 4 and No. 10 to the April 22, 1993, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 998 (Public Hearing) Item No.. Request to resubdivide three existing parcels of land into two 8998 parcels for conveyance purposes, involving properties located in Approved the C -1 -H and Unclassified Districts. LOCATION: Lots C and D, Tract No. 6927, and Lot B of Lot Line Adjustment 80-2, located at 1601 Bayside Drive, on the southwesterly side of Bayside Drive adjacent to the Balboa Island Channel. ZONES: C -1 -H and Unclassified APPLICANT: Williamson & Schmid, Tustin' . OWNER: The Irvine Company, Newport Beach -2- • `��y� °�t�jP �dsR'1'° CITY OF NEWPORT BEACH MINUTES April 8 1993 ROLL CALL INDEX ENGINEER: Same as applicant The public hearing was opened in connection with this item, and Mr. Mike Padian, Director of Development for The Irvine. Company, appeared before the Planning Commission on behalf of the property owner. Mr. Padian addressed his concerns regarding the following conditions in Exhibit "A": Condition No. 5, requesting a survey of the existing bulkhead along the bay side of the property by a civil or structural engineer. Don Webb, City Engineer, explained that the standard condition is placed on bulkhead areas when the City knows that there is a sale of property to assure the buyer and the seller that the bulkhead is in good condition. Mr. Webb explained that the City would like to be informed when the survey would be done prior to recordation of the map. Mr. Padian stated that the wall is above the 6.27 MSL. Mr. Padian addressed Condition No. 6, requesting a construction easement dedication whereby Mr. Webb explained the City's concern to gain access on the site to permit construction activities. He stated that the requirement would be a separate item and would not be recorded on the map. Mr. Padian addressed Condition No. 9, requesting that a reciprocal easement be provided across the waterway portions of Parcel No. 1 and Parcel No. 2 for ingress and egress for the benefit of the listed owners of the private piers. Mr. Webb explained that he would agree that the owners would not need to be notified if the attorneys are able to properly address the concerns. One water parcel is being divided into two water parcels, and the City wants to be certain that the owners of the private piers have the same rights and easements as currently exist. Mr. Padian addressed Condition No. 10 wherein he requested that the condition be modified to state That The Irvine Company ajW its successors .... Mr. Webb accepted the request. Mr. Padian expressed his concern regarding Condition No. 11, . requesting 10 foot wide pedestrian access easements from Bayside -3- CITY OF NEWPORT BEACH ulg-0 April 8. 1993 ROLL CALL INDEX Drive across the southerly boundary of Parcel No. 1 and across the northerly boundary of Parcel No. 2. He described the existing access areas to the bay and he questioned if an additional access is necessary. Mr. Webb explained that based on the substantial. distance between Marine Avenue and the Balboa Yacht Club with. only three perpendicular accesses that the City believes that there should be an additional perpendicular access. In response to a question posed by Commissioner Ridgeway, Mr. Webb described the locations of the requested easements. In response to a question posed by Commissioner Pomeroy, Mr. Padian explained that the purpose of the subdivision is to provide parcels that are equal for the Bahia Corinthian Yacht Club and the Balboa Yacht Club. He explained that there is an area between the two properties that is a waterway and each facility has . a marina in the waterway. In response to a question posed by Commissioner Ridgeway, Mr. Padian explained that The Irvine Company is proposing to sell property to the Bahia Corinthian Yacht Club and the Balboa Yacht Club. In response to a question posed by Acting Chairman Merrill, Mr. Webb explained that parking for the access easements to the bay is allowed on Bayside Drive and El Paseo Drive. In response to questions posed by Acting Chairman Merrill, Mr. Padian explained that a 10 foot wide pedestrian access easement cannot be accomplished without eliminating parking spaces inthe parking lots inasmuch as there is not a 10 foot wide strip available. He said that there is an access easement located on the Balboa Yacht Club property that was recorded pursuant to the Coastal Commission; however, there are no physical improvements on the public easement. In response to a question posed by Acting Chairman Merrill, James Hewicker, Planning Director, explained that if the . Commission approved the application without the public access, -4- 4 COMMISSIONERS • ���o�r���P'�o�9't'o CITY OF NEWPORT BEACH MINUTES April R_ 1993 ROLL CALL INDEX the Coastal Commission may deny the subdivision map and approve the application if the applicant agrees to dedicate the access. The applicant may have to come back to the Commission for approval for the public access, and return to the Coastal. Commission for approval of the subdivision map. Discussion followed regarding Mr. Padian's concerns to provide public access easement areas. There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion * Motion was made to approve Resubdivision No. 998 subject to the findings and conditions in Exhibit 'W', including modified Condition No. 10 as requested. Commissioner Ridgeway addressed Condition No. 11, and following a discussion with Mr. Webb it was determined to approve the condition as recommended by staff. ayes Motion was voted on, MOTION CARRIED. absent FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. -5- • 060N'7�'R:��P CITY OF NEWPORT BEACH fkLI1a4 ft0 ?.9 ROLL CALL INDEX 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That vertical public access, in accordance with the policies of the Local Coastal Program, from the nearest public roadway to the bay is being provided in this project by means of dedication of easements, since adequate access does not exist nearby and the provision of access is not inconsistent with public safety or the protection of fragile coastal resources. The imposition of such dedication requirements are consistent with similar developments and subdivisions in the City. 6. That the proposed subdivision is mainly for conveyance purposes and all existing easements recorded by previous parcel maps or other instrument will be maintained. CONDITIONS: 1. That a parcel map be recorded. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. < 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in -6- COBUMSSIONERS 0 NPROM WAR*\41-0 CITY OF NEWPORT BEACH MINUTES r_rortE.MVII i ROLL CALL INDEX place if installed prior to completion of construction project. 3. That all improvements be constructed as required by. Ordinance and the Public Works Department. 4. That the displaced and deteriorated sections of sidewalk be reconstructed along the Bayside Drive frontage; and that extended footings be constructed on the undermined sections of sidewalk and the voids filled with slurry or repairs made in a manner acceptable to the Public Works Department along the Bayside Drive frontage adjacent to the Bahia Corinthian Yacht Club. All work shall be completed under an encroachment permit issued by the Public Works Department. 5. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be ' a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 6. That an easement for storm drain purposes be dedicated to the City for the construction of a new storm drain line across the parking lot of the Bahia Corinthian Yacht Club and that a construction easement be dedicated to permit construction activities to be performed including material storage in the parking lot to the Bahia Corinthian Yacht Club. The form of the storm drain easement and the construction easement shall be reviewed and approved by the Public Works Department. 7. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of -7- COMMISSIONERS e \10,7 41P010N\W%*\0 CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX equipment and materials shall be conducted in accordance with state and local requirements. 8. 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 prior to completion of the public improvements. 9. That a reciprocal easement be provided across the waterway portions of Parcel No. 1 and Parcel No. 2 for ingress and egress for the benefit of the owners of Parcel No. 1 and Parcel No. 2 and the owners of the private piers recorded in Book 9552, Pages 222, 229, 236, 243, 250, 257, 264, 271, 278, 285, 292 and 299. 10. That Condition of Approval No. 14, for Final Tract Map No. 6927, approved by the Planning Commission on July 17, 1969, shall be applicable to this subdivision and shall be modified as follows: "That the Irvine Company and /or its successors or assigned accept the discharge from the revised storm drain; and that the City not be responsible for any problems occurring in the boat basin bayward of the bulkhead resulting form the operation of the storm drain. Such problems could include, but not be limited to, siltation and damage to piers or boats." 11. That 10 foot wide pedestrian access easements be provided to the bay from Bayside Drive across the southerly boundary of Parcel No. 1 and across the northerly boundary of Parcel No. 2; that the location and configuration of the easements shall be subject to review and approval of the Public Works Department; and that improvements shall be constructed as needed to provide pedestrian access easements as approved by the Public Works Department. -8- 4 COMMISSIONERS IL CITY OF NEWPORT BEACH MINUTES April R_ 1993 ROLL CALL INDEX 12. That marinas adjacent to each parcel must be transferred to the new land owner or long term lessee. 13. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 14. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Modification No. 4065 (Continued Public Hearing) Item No.2 Request to permit the as-built construction of a deck railing (4 Mod 4055 feet 10 inches ± above the natural grade) which encroaches 15 feet into the required 15 foot front yard setback, where the Zoning Code limits such construction to 3 feet above the natural grade. Removed from Calendar LOCATION: Lot 10, Block 532, Corona del Mar, located at 508 Dahlia Avenue, on the southeasterly side of Dahlia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: David and Carol Rudat, Anaheim OWNERS: Same as applicants James Hewicker, Planning Director, recommended that the subject application be removed from calendar inasmuch as the City Council has called up for review Amendment No. 777, with respect to proposed changes in the allowable fence heights for specific areas of the City. The City Council will review Amendment No. 777 at its study session on April 12, 1993. -9- COMMISSIONERS 9 M 10 \41 MP10"Ose k\wo CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX notion * Motion was made and voted on to remove Item No. 2 from )yes * * * * * calendar. MOTION CARRIED. lbsent sss Use Permit No 3293(Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which UP3293A permitted the addition of live entertainment and an outdoor dining area to the existing Cano's Restaurant with on -sale alcoholic Approved beverages, tandem parking spaces and valet parking on property located in the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment involves a request to add dancing to the existing restaurant operation. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Marie Johnson ( Cano's Restaurant), Newport Beach OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item, and Ms. Marie Johnson, 500 Cagney Lane, appeared before the Planning Commission on behalf of the applicant. The public hearing was closed at this time to allow Ms. Johnson time to review the findings and conditions in Exhibit W. The public hearing was reopened and Ms. Johnson reappeared before the Planning Commission. In response to Ms. Johnson's request for a delay to improve the driveway aprons, Don Webb, City Engineer, suggested that the driveways be completed prior to -lo- COAUMSSIONERs CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX the issuance of the Cafe Dance Permit. The requirement to reconstruct the existing drive aprons on West Coast Highway was in conjunction with the approval of Use Permit No. 3293 dated February 18, 1988, and Use Permit No. 3293 (Amended) dated. September 10, 1992. In response to questions posed by Ms. Johnson regarding Coastal Commission approval, James Hewicker, Planning Director, explained that staff that all discretionary items in the Coastal Zone must have Coastal Commission approval, and staff could stamp the required Approval in Concept in three weeks. Mr. Webb stated that the encroachment permit from CalTrans to reconstruct the driveways would take from two to three weeks. Commissioner Ridgeway stated that the minimum size for a dance floor in accordance with the Cafe Dance Ordinance is 400 square feet and the proposed dance floor is only 99 square feet wherein • he determined that the proposed dance floor is too small for public safety. Discussion followed regarding his concern regarding the size of the dance floor. Mr. Hewicker explained that the Ordinance requiring 400 square feet also requires approval by the Revenue Division to issue the Dance Permit, and the City has been issuing Cafe Dance Permits for smaller dance floors for many years without a problem. 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. 3293 Ayes *- * * (Amended) subject to the findings and conditions in Exhibit "A ", Absent emphasizing that prior to the approval of a Cafe Dance Permit that the driveways be reconstructed as stated in Condition No. 6, Exhibit "A ". MOTION CARRIED. Fin 'n 1. The proposed addition of a dance floor within the restaurant is consistent with the Land Use Element of the -11- COMMSSIONERS •.00��, c'fn�od¢drs �y�0��¢lp {�'A �d��'O CITY OF NEWPORT BEACH MINUTES April 8 1993 ROLL CALL INDEX General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed dancing is in keeping with the existing restaurant operation. 3. The project will not have any significant environmental impact. 4. That the proposed addition of a dance floor can be adequately served by on -site tandem parking. 5. That the waiver of the. development standards as they pertain to walls, will not be detrimental to adjoining properties. 6. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the approval of Use Permit No. 3293 (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 and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the . legislative intent of Title 20 of this Code. -12- CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan,. except as otherwise provided in the following conditions. 2. That all previous applicable conditions of approval of Use Permit No. 3293 (Amended) shall remain in effect. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. 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. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of a Cafe Dance Permit. 6. That prior to the approval of a Cafe Dance Permit, the easterly side of the easterly driveway apron and both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166 -L in order to provide adequate ingress and egress to and from the site. All work shall he completed under an encroachment permit issued by the California Department of Transportation. 7. 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. -13- COMMISSIONERS • �q�ol- t�P0�0�0�,�0 4 CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX 8. 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. Use Permit No. 3306 ende )(Public Hearing) Item No. Request to amend a previously approved use permit which allowed UP3306A a change in the operational characteristics of the Cafe Lido Restaurant with on -sale alcoholic beverages located in the 'Retail Cont 'd and Service Commercial' area of the Cannery Village /McFadden 4/22/93 Square Specific ,Plan, so as to change the permitted live entertainment to include jazz combos with amplified music, vocals and percussion instruments, including drums.. The proposal also included a modification to the Zoning Code so as to permit the use of compact parking spaces, and parking spaces and a trash enclosure that encroach into the required 10 foot rear yard setback adjacent to an alley. The proposed amendment includes a request to add dancing to the restaurant operation and redesign the existing on -site parking. The proposal also includes modifications to the Zoning Code so as to allow aisle widths that are less than the required width for commercial off - street parking; and to allow a portion of the parking spaces and a chain with ballards, to encroach into the ten foot rear yard setback adjacent to an alley. LOCATION: Parcel 1 of Parcel Map 129 -7 -8 (Resubdivision No. 600), located at 50130th Street, on the northeasterly comer of 30th Street and Villa Way, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Joe Sperrazza (Cafe Lido Restaurant), Newport Beach -14- COMMISSIONERS • WOMM"O � Fr L CITY OF NEWPORT BEACH MINUTES I_�.ME EU ' "k) ROLL CALL WDEX OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has requested that this item he continued to the Planning Commission. meeting of April 22, 1993. lotion * Motion was made and voted on to continue Item No. 4 to the Lyes * * * * * Planning Commission meeting of April 22, 1993. MOTION wsent * * CARRIED. s : : Use Permit No. 3343] ended) (Public Hearing) Item No.s Request to amend a previously approved use permit which UP3343A 'd permitted the reestablishment of a restaurant with on -sale alcoholic beverages and live entertainment which was previously Cont to 4/22/9 destroyed by fire, on property located in the "Specialty Retail" area of the Cannery Village /McFadden Square Specific Plan. Said approval included a limited daytime operation based on available on -site parking and a full nighttime operation that was permitted in conjunction with the use of an additional 18 in -lieu parking spaces in the Cannery Village Municipal Parking Lot. The approval also included a modification to the Zoning Code so as to allow a portion of the on -site parking spaces to encroach into the required front yard setback and the required rear yard setback adjacent to a 14 foot wide alley. The proposed amendment involves a request to revise Condition of Approval No. 2 so as to allow all of the "net public area" of the restaurant to be used during the day. LOCATION: Lot 1, Lot 2 and a portion of Lot 3, Block 230, Lancaster's Addition, located at 2900 Newport Boulevard, on the northeasterly comer of Newport Boulevard (northbound) and 29th Street, in the Cannery Village /McFadden Square Specific Plan Area. -15- CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX ZONE: SP-6 APPLICANT: 701 Lido Park Partnership (Arnold's Hide - Out Restaurant), Newport Beach OWNER: Same as Applicant The public hearing was opened in connection with this item. Mr. Walter Heim, architect, 365B North Newport Boulevard, appeared before the Planning Commission on behalf of the applicant. Mr. Heim distributed revised floor plans of the proposed establishment to the Commission and staff. Following a discussion between the Commission and the staff, it was agreed that the item would be continued to the April 22, 1993, Planning Commission meeting to enable the staff to review the revised floor plan. The public hearing was closed at this time. ion * Motion was made and voted onto continue Item No. 5 to the Ayes * * * * App 22, 1993, Planning Commission meeting. MOTION Absent * * CARRIED. • * s Use Permit No. 3481 (,Public Hearing) item. No. Request to permit the continued operation of an existing UP3481 independent massage establishment on property located in the APF District. Approved LOCATION: A portion of Lot 819, Newport Mesa Tract, located at 1441 Superior Avenue, on the northwesterly side of Superior Avenue, between Hospital Road and Placentia Avenue in northwest Newport Beach. ZONE: APF APPLICANT: Judy A. Mazon, Newport Beach -16- CITY OF NEWPORT BEACH MINUTES April R. 1993 ROLL CALL INDEX OWNERS: John R. and Alice L. Rawlings, Costa Mesa The public hearing was opened in connection with this item, and Mr. George Grove, 7095 Hollywood Boulevard, Hollywood,. attorney for the applicant, appeared before the Planning Commission. Mr. Grove addressed the constitutional challenges that he submitted to the Commission via a letter dated April 8, 1993. He concurred with the findings and conditions in Exhibit "A". He referred to Condition No. 6, Exhibit "A", requesting that the applicant obtain permits for tenant improvements wherein be stated that the applicant has been at the subject site since 1991 and the existing improvements were established when the applicant purchased the business. William Laycock, Current Planning Manager, explained that staff reviewed a request from the Building Department indicating that there is no record of a Building Permit or Certificate of Occupancy in conjunction with the subject facility. Mr. Grove responded that the applicant will obtain the required permits. Robin Flory, Assistant City Attorney, stated that the applicant would be able to obtain as-built permits. In response to questions posed by Commissioner Gifford, Mr. Grove replied that the name of the business is Suite E. In rebuttal to the concerns regarding the hours of operation expressed in the letter to the Commission from Andrew and Anne Miller dated April 5, 1993, Mr. Grove stated that the hours of operation are in accordance with the Zoning Code, and the business closes at 11:00 p.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. 3481, Ayes *' subject to the findings and conditions in Exhibit "A". MOTION Absent * * CARRIED. -17- COMMISSIONERS L CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50. and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 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 or playground. 8. The approval of Use Permit No. 3481 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. -18- 4 CITY OF NEWPORT BEACH MINUTES Anril & 1993 ROLL CALL INDEX COND -MONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and. floor plan. 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 550 shall be fulfilled. 4. That all signs sball conform to the applicable provisions of Chapter 20.06 of the Newport Beach 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 he kept closed while such music is played. 6. That the applicant shall submit drawings and obtain all required building, plumbing, and electrical permits for existing tenant improvements. 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. R R R -19- COPAMSSIONERs \V\O CITY OF NEWPORT BEACH MINUTES April R_ 1993 ROLL CALL INDEX Use Permit No. 3490 (Public Hearing) Item No. Request to permit the construction of a second dwelling unit UP3490 (Granny Unit) on property located in the R -1 District m. Approved accordance with Chapter 20.78 of the Municipal Code that permits a second dwelling unit if said residence is intended for one or two persons who are 60 years of age or older. LOCATION: Lot 17, Block 30, First Addition to Newport Heights, located at 531 Catalina Drive, on the northwesterly side of Catalina Drive, between Fifteenth Street and Clay Street, in Newport Heights. ZONE: R -1 APPLICANTS: Scott A. and Cheryl A. Brown, Newport Beach OWNERS: Same as applicants The public hearing was opened in connection with this item, and Scott and Cheryl Brown appeared before the Planning Commission, and they concurred with the findings and conditions in Exhibit "A ". Commissioner Pomeroy suggested that if the use permit is called up by the City Council that the occupant of the proposed Granny Unit attend the City Council public bearing. In response to a question posed by Commissioner Gifford, Mr. and Mrs. Brown replied that Mr. Brown's widowed 68 year old mother, Eleanor. Brown, currently residing in Montebello, will reside in the Granny Unit. There being no others desiring to appear and be heard, the public bearing was closed at this time. -20- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 8 1993 ROLL CALL INDEX Motion * Motion was made and voted on to approve Use Permit No. 3490 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent * * CARRIED. Findines 1. That the proposed use is consistent with the Land Use Element of the General Plan, is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the design of the development or 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. 4. The approval of Use Permit No. 3490 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed ,development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the second dwelling unit shall be limited to the use of one or two persons over the age of 60 years. 3. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicants and successors in interest in perpetuity so as • to limit the occupancy of the second dwelling unit to one or -21- CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX two adults 60 years of age or over, and committing the permittee and successors to comply with current ordinances regarding Granny Units. Said covenant shall also contain all conditions of approval imposed by the Planning. Commission or the City Council. 4. Commencing with the final inspection of the Granny Unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the Granny Unit constructed pursuant to this approval to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 5. That the primary residence or the Granny Unit shall be continuously occupied by at least one person having an ownership interest in the property. 6. That one of the covered parking spaces shall be for the exclusive use of the proposed Granny Unit. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. ras The Planning Commission recessed at 8:35 p.m. and reconvened at 8:45 p.m. -22- CODOWsszONERs CITY OF NEWPORT BEACH MINUTES April 8. 1993 ROLL CALL INDEX Use Permit No. 3491 (Public Hearing) Item No Request to permit a recreational establishment with approximately UP3491 30 pool tables as well as incidental dining and the service of on-, sale alcoholic beverages, including a full service bar on property Cont'd to located in the RSC -H District. The proposal also includes a 5/6/93 request to approve an off -site parking arrangement for a portion of the required off - street parking and the approval of a full time valet parking service. The request to establish the proposed billiards center also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR which also requires the approval of a Use Permit. LOCATION: Parcel 2, Parcel Map 60-43 (Resubdivision No. 433) located at 3366 Via Lido, on the northeasterly side of Via Lido, between Via • Oporto and Via Malaga, adjacent to Lido Marina Village. ZONE: RSC -H APPLICANT: Yros Marderos, Hollywood OWNER: Swiss Group Property Inc., Irvine James Hewicker, Planning Director, stated that it is feasible that if the applicant does not have a second floor lease at the subject site that there could be a further impact of the on -site and off -site parking. The public hearing was opened in connection with this item, and Mr. Felix Youssefians, Granada Hills, appeared before the Planning Commission on behalf of the applicant. He said that the applicant has reduced the number of pool tables to 24 tables so as to provide sufficient parking for the first and second floors. William Laycock, Current Planning Manager, referred to Condition No. 10, Exhibit "A ", regarding the use of the second floor. He indicated that staff was informed that the applicant has -23- •'00 orroor,� �'s o���of t�`'�'PO �o CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX not procured the lease of the second floor and it is possible that the second floor could be leased by the property owner for office use for other tenants; therefore, additional parking spaces would be required for the second floor use. Mr. Yousseflans stated that. when the applicant previously spoke with staff that they gave the impression that the applicant would be leasing the second floor. Mr. Youssefians stated that the applicant has leased an additional 18 off -site parking spaces at 500 Clubhouse Avenue. Mr. Laycock responded that the off -site parking spaces are located in the R -2 District, and a use permit is required for parking in a residential district, as well as an Off -Site Parking Agreement, thereby requiring a public notice and a public hearing. Mr. Youssefians opposed staffs suggested hours of operation from 11:00 a.m. to 12:30 a.m. Sunday through Thursday and from 11:00 a.m. to 2:00 a.m. Friday and Saturday. In response to a question posed by Mr. Youssefians, Mr. Laycock explained that the condition states that the operation would close at 12:30 a.m. and the patrons would have to be out of the facility at that time. Commissioner Pomeroy pointed out that the proposed establishment is adjacent to a residential area; however, it is feasible to come back to the Commission at a later date to amend the hours of operation if there have been no problems at the location. In response to a question posed by Commissioner Gifford, Mr. Laycock explained that Condition No. 4, Exhibit "A ", are the hours of operation as requested by the applicant; however, staff s recommended hours of operation are listed in the staff report. Mr. Henry Marderos, North Hollywood, appeared before the Planning Commission on behalf of the applicant Mr. Marderos discussed the aforementioned off -site parking spaces. Mr. Hewicker suggested that if the applicant proposes to use the off - site parking spaces, it is necessary to include the request as a part of a public notice and mail the notices to the property owners within 300 feet of the off -site parking lot The proposed off -site parking lot was previously used by Magic Island in Lido Marina -24- 0 0oMtN'N� ° 4 C ITY OF NEWPORT BEACH MINUTES Anril R 1993 - T . ROLL CALL INDEX Village, and it is a lot that is not easily accessible to the businesses in the area. There being no others desiring to appear and be heard, the public, hearing was closed at this time. Following a discussion between the Commission and staff, it was determined that no action could be taken until the applicant's proposed off -site parking spaces have been addressed. The public hearing was reopened and Mr. Youssefians reappeared before the Planning Commission to state that the applicant would prefer to continue the item to May 6, 1993, as opposed to having the application denied by the Commission. The public hearing was closed at this time. on Motion was made and voted on to continue Use Permit No. 3491 Ilent * * * * to the May 6, 1993, Planning Commission meeting. MOTION * * CARRIED. Variance No. 1186 (Public Hearing) Item No. Request to permit alterations and additions to an existing duplex viis6 which is currently nonconforming with regard to required off - street parking (one garage space is provided where the Municipal Code Approved requires 3 parking spaces), the amount of allowable gross floor area and the size of the second dwelling unit, on property located in the R -1.5 District. The proposed additions include the enclosure of an existing breezeway between the garage and the residential structure; and the enclosure of an existing outdoor shower. The other alterations to the structure involve the conversion of the ground floor kitchen and dining area of the second unit so as to add that floor area to the front dwelling unit. The proposed development will increase the nonconformity of the second dwelling unit by reducing the floor area of said unit. -25- • �,9�0���.Q'�Liq`�q`l'O 4 CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL MEX LOCATION: Lot 35, Tract No. 1049, located at 303 Crystal Avenue, on the northwesterly corner of Balboa Avenue and Crystal Avenue, on Little Balboa Island. ZONE: R -1.5 APPLICANT: Ted McGinley, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Brad Smith, architect, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit 'W'. In response to a question posed by Acting Chairman Merrill, Mr. Smith explained that the subject dwelling is a family home that is used by members of the family who reside out of the area. He said that the proposal would increase the efficiency of the existing structure. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Ridgeway addressed the legal nonconforming parking in the subject area. William Laycock, Current Planning Manager, explained that when the duplex was oonstructed in 1938 that off - street parking was not required. James Hewicker, Planning Director, discussed the issue of off - street parking in the area. There being no others desiring to appear and be heard, the public hearing was closed at this. time. Commissioner Ridgeway compared the existing floor plan with the proposed floor plan and he concluded that the proposed structure would be more livable. - -26- • ��foN�P'�o��o CITY OF NEWPORT BEACH MGM- April R. 1993 ROLL CALL INDEX Acting Chairman Merrill, Commissioner Ridgeway, and Mr. Hewicker discussed the 459± square feet that is proposed for the nonconforming rear unit. Commissioner Gifford expressed her support of the application. She stated that none of the adjacent neighbors expressed an objection to the project, and the overall appearance of the property would be improved. Motion Motion was made to approve Variance No. 1186 subject to the findings and conditions in Exhibit 'W'. Commissioner Ridgeway commented that the proposed project fits into the square footage of an SRO (Single Room Occupancy). Acting Chairman Merrill stated that the proposed two bedrooms are a concern to him on the basis that the unit could accommodate an additional four people; however, the area is well kept up by the year -round residents. Commissioner Pomeroy stated that the proposed square footage is adequate and he questioned if a Zoning Code Ordinance specifying a minimum of 600 square feet that was instituted in 1972 is appropriate in today's environment of high housing costs. He commented that he has been working diligently to try and structure variable Floor Area Rados to cut down the Floor Area Ratio on large lots and increase the Floor Area Ratio on small lots that would not require the variance requests. He suggested 1.25 FAR on large lots and 1.75 FAR on small lots. He pointed out that two- thirds of the variances listed in the staff report to permit gross floor area to exceed 1.5 times the buildable area of a site on Balboa Island could have been constructed within a 1.75 FAR. He said that the City has to work hard for the housing stock to be refurbished in the City and where there is an affordable housing crises it does not make sense to rid of a dwelling unit because of its size that would be affordable if it were rented. -27- CITY OF NEWPORT BEACH 1611►tI11I April 8. 1993 ROLL CALL INDEX Acting Chairman Merrill agreed, however, he stated that problems are caused by additional bedrooms and automobiles. ayes * * * * * Motion was voted on to approve Variance No. 1186, subject to the absent * * findings and conditions in Exhibit "A ". MOTION CARRIED. Fin i 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District inasmuch as the subject property is smaller than the typical lot on Balboa Island and maintains an irregular triangular shape. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally comparable to the size, bulk and height to other buildings of the same age, in the surrounding neighborhood. 3. That the reduction in the size of the rear dwelling unit is minor and that the reconstituted floor area of the rear unit on a single level provides a more efficient floor plan than the existing two story floor plan. 4. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 5. That the design, of the proposed improvements will not conflict with any easements acquired by the public at large -28- COMMISSIONERS *\X4I\IWPIOX0AIk*\\O L CITY OF NEWPORT BEACH hi�O An 8, 1993 ROLL CALL INDEX for access through or use of property within the proposed development. 6. That public improvements may be required of a developer. per Section 20.82.050 of the Municipal Code. Conditions: 1. That the development shall be in substantial conformance with the approved plans, except as noted below. 2. That the proposed gross structural area shall not exceed 1,938± square feet. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 5. That the brick pavers in the Crystal Avenue parkway be relayed to grade or removed and the parkway regraded. All work shall be completed under an encroachment permit issued by the Public Works Department. This work shall be completed prior to Final Building Department inspection of the proposed on -site improvements. 6. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimi d 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. 7. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. -29- 1 -140 CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX • s s A. General Plan Amendment No 92 -3(E) (Public Hearing) Item No.1 Request to amend the Land Use and Circulation Elements of the cPA92 -3E General Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport LCP #31 Bay Regional Park site from 8,000 sq. ft. to 10,000 sq. ft. and delete a secondary bicycle trail through the Westbay parcel; and A779 the acceptance of an environmental document. UP3488 AND Cont' d to 4/22/93 B Local Coastal Program Amendment No 31 (Public Hearing) M Request to amend the Local Coastal Program Land Use Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport Bay Regional Park site from 8,000 sq. ft. to 10,000 sq. ft. INITIATED BY: The City of Newport Beach LOCATION: The Westbay parcel, located at 2200 Irvine Avenue, southeasterly of the intersection of Irvine Avenue and University Drive. AND C. Amendment No. 779 (Public Hearing) Request to amend a portion of Districting Maps No. 36, 39, 40, 42, 43, 44 and 61 so as to redesignate portions of the Upper Newport Bay Regional Park property from the "U" (Unclassified), R -3- B and R4-B -2 Districts to the P-C (Planned Community) District. LOCATION: The portions of the Upper Newport Bay Regional Park between the Santa Ana -Delhi Channel in Santa Ana Heights and Jamboree -30- CoAdrMSSIONERS oil 0 ����s� o %o 4 CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX Road (201 Bayview Way); and between Eastbluff Drive and the Upper Newport Bay Ecological Reserve boundary adjacent to the mouth of Big Canyon (1900 Back Bay Drive).. ZONES: R -3 -B, R4-B-2 and Unclassified APPLICANT: The County of Orange OWNER: Same as applicant AND D. Use Permit No. 3488 (Public Hearing) Request to approve a General Development Plan and Resource Management Plan for the Upper Newport Bay Regional Park, which would serve as a Planned Community Development Plan and regulations for the regional park. LOCATION: Upper Newport Bay Regional Park surrounds the northern portion of Upper Newport Bay in three separate parcels forming an arc from approximately Santiago Drive on the west to the Upper Newport Bay Ecological Reserve boundary adjacent to the mouth of Big Canyon on the east (2200 Irvine Avenue, 201 Bayview Way and 1900 Back Bay Drive). ZONES: P -C, R -3 -B, R -4 -B -2 and Unclassified APPLICANT: The County of Orange OWNER: Same as applicant James Hewicker, Planning Director, requested that Item No. 10 be continued to the Planning Commission meeting of April 22, 1993, -31- COMMISSIONERS 0\,1;01N\ffiQW\1hLk0 4 CITY OF NEWPORT BEACH MINUTES A ril 8 1993 P > ROLL CALL INDEX to allow staff and the Planning Commission additional time to review the item. Motion * Motion was made and voted on to continue Item No. 10 to the Ayes April 22, 1993, Planning Commission meeting. MOTION Absent CARRIED. ADDITIONAL BUSINESS: Add l i Business Motion * Motion was made and voted on to excuse Commissioner Gifford Ayes Y * * * * * from the April 22, 1993, Planning Commission meeting. MOTION excused Absent * * CARRIED. excused s x * ADJOURNMENT: 9:15 p.m. Adjourn HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 32