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HomeMy WebLinkAbout04/23/1992COMMISSIONERS A O REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: April 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ill Jill I INDEX Present * * * * * * All Commissioners were present. _- - s s s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager John Douglas, Principal Planner Don Webb, City Engineer . Dee Edwards, Secretary :ss Minutes of March 19, 1992: Minutes of 3/19/92 Motion * Motion was made and voted on to approve the March 19, Ayes * ° k k k k 1992, Planning Commission Minutes. MOTION CARRIED. Abstain x x x Minutes of April 9. 1992: Minutes of 4/9/92 Motion Motion was made and voted on to approve the April 9, 1992, - Ayes * * * Planning Commission Minutes. MOTION CARRIED. Abstain x x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. COMMISSIONERS � o o� �n April 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, April 17, 1992, in front of City Hall. Request . Request for Continuances: for Continuanc Mr. Hewicker stated that Item No. 5, General Plan Amendment No. 89 -2(H), Local Coastal Plan Amendment No. 19, Amendment No. 750, Use Permit No. 3436, and Resubdivision No. 976,. regarding the proposed Balboa Island Fire Station, has been removed from calendar. Mr. Hewicker explained that a residential committee has been formed to meet with the architect to study the landscaping and the exterior materials of the proposed building. Use Permit No. 1815 (A=nded) (Public Hearing) item No.l Request to amend a previously approved use permit which UP1815 (A) permitted the establishment of an animal clinic on property located Approved in the Commercial Area 14 of the Harbor View Hills Planned Community. The proposed amendment includes a request to expand the existing veterinary clinic and to allow the boarding of animals whereas the existing use permit prohibits boarding activities. LOCATION: Lot 1, Tract No. 9014, located at 2670 San Miguel Drive, on the northeasterly corner of San Miguel Drive and Ford Road, in the Newport Hills Commercial Center of the Harbor View Hills Planned Community. ZONE: P -C APPLICANT: Bruce D. Whitaker, Newport Beach -2- COMMISSIONERS April 23, 1992 MINUTES 0'' CITY OF NEWPORT BEACH ROLL CALL I I I I 1 1 1 I 1 INDEX M • OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, addressed the addendum to the staff report that contains letters from adjacent property owners expressing their concerns regarding the operation of the veterinary clinic, and in response to the letters, staff added Condition No. 8 regarding temporary parking restrictions, No. 9 regarding. the restriction of exercising of animals outside the building, No. 10 regarding the containment of equipment and supplies, and No. 11 regarding trash. In reference to Condition No. 11, Mr. Hewicker explained that occasionally materials may extend beyond the adjoining wall and be observed from the residential area. He suggested that Condition No. 11 could be modified to state That the existing trash enclosure shall be used and maintained in such a manner that no trash shall be visible from the adjoining streets or residential properties. instead of ..the existing trash enclosure be covered. The public hearing was opened in connection with this item, and Dr. Bruce D. Whitaker, applicant, appeared before the Planning Commission. Dr. Whitaker addressed Condition No. 8, That vehicles serving the animal clinic shall not utilize Hillside Drive or the fire lane that accesses Newport Hills Center for temporary parking while servicing the facility. wherein he explained that the clinic's supplies are received through the mail or UPS and the vehicles making deliveries to the clinic drive to the parking lot. He agreed to comply with the condition if there is a need. In response to a question posed by Chairman Di Sano, Dr. Whitaker concurred with the findings and conditions in Exhibit "A ", including the additional Conditions No. 8, 9, 10, and 11. In response to a question posed by Mr. Hewicker, Dr. Whitaker replied that the facility intends to exercise the animals inside the building as requested. Dr. Whitaker stated that the clinic would prefer to also exercise the animals outside if the animals would be boarded for an extended period of time. Commissioner Merrill suggested that the facility provide an area that would provide for animal waste. Dr. Whitaker stated that there is an area at the side of the building for said purpose, and the area is cleaned up on a regular basis. Dr. Whitaker explained %I COMMISSIONERS Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL ill Jill INDEX that the animals are not allowed to cross the street next to the residential area from the subject location; however, a sign shall be posted in the fire lane behind the facility informing the clinic's clients not to use the area to walk their animals. Commissioner Pomeroy expressed his objection to Condition No. 9 that prohibits the animals from being exercised on a leash outdoors. Mr. Hewicker stated that a neighbor has observed employees walking dogs on leashes, and not cleaning up the animal waste. Commissioner Pomeroy suggested an amendment to the condition that if the animals are walked, the employees carry equipment to pick up animal debris. Commissioner Edwards concurred with the foregoing comments. Commissioner Gross addressed the letter from Ralph's Grocery Company dated March 23, 1992, wherein it states that the market has not had any problems concerning the subject establishment, the • area around the hospital is kept clean, and the animals are not left outdoors. Commissioner Merrill expressed the need for a proper program to allow the animals to be exercised outdoors and to provide an area for animal waste without disturbing the adjacent residential area. Discussion ensued regarding the concerns. Dr. Whitaker confirmed that only the animals that would be boarded for an extended period of time would be exercised outdoors. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy stated that the veterinary clinic has been a good neighbor and they are requesting to provide an additional service to board animals. The animals should be allowed some outside exercise on leashes inasmuch as there is not a large Motion * geographic area compared to other facilities. Motion was made to All Ayes approve Use Permit No. 1815 (Amended) subject to the findings and conditions in Exhibit "A", including the aforementioned Conditions No. 8, 9, 10, and 11, but to modify Condition No. 9 stating that the exercise of animals outside the building shall be limited to one animal at a time on a leash with means for cleaning up animal waste. -4- COMMISSIONERS f Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL J1 Jill I INDEX Commissioner Merrill expressed a concern that the customers of the veterinary hospital take their animals to property adjacent to the residential area to relieve themselves before entering the clinic. Commissioner Pomeroy suggested that a sign could be posted wherein discussion ensued, and it was concluded that if there would be a future problem, the Planning Commission could call back the use permit for further review. Commissioner Gross suggested that Condition No. 9 be deleted inasmuch as the condition would be unenforceable. Ralph's Grocery Store has expressed support of the request and they have not expressed concerns, and no one appeared to object to the request. Commissioner Pomeroy agreed to amend the motion as requested. Commissioner Debay suggested that Condition No. 11 be amended as previously stated by Mr. Hewicker. Commissioner Pomeroy concurred with the recommendation. Motion was voted on to approve Use Permit No. 1815 (Amended) subject to the findings and conditions in Exhibit "A', including added Conditions No. 8, No. 10, and to modify No. 11 as suggested by staff, and the deletion of Condition No. 9. MOTION CARRIED. FINDINGS: 1. That the proposed application is support service in nature 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 development. 3. That the change in the operational characteristics of the subject facility will not have any significant environmental impact. 4. That the animal clinic will be insulated in such a manner as • to restrict animal noises to the interior of the facility. -5- COMMISSIONERS \0� April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That the Police Department has indicated that it does not contemplate any problems related to the boarding of animals on the subject site. 6. That the approval of Use Permit No. 1815 (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. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the expanded animal clinic shall be insulated in such a manner as to restrict animal noises to the interior of the facility. 3. That air conditioning shall be installed and operable at all times. Exterior doors and windows shall be kept closed. 4. That all other previously applicable conditions of approval for Use Permit No. 1815 shall remain in effect. 5. That overnight boarding of animals shall be permitted inside the facility. 6. That any furtber extension of Use Permit No. 1815 shall not be required. 7. 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. -6- COMMISSIONERS . 0tv April23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That vehicles serving the animal clinic shall not utilize Hillside Drive or the fire lane that accesses Newport Hills Center for temporary parking while servicing the facility. 9. Deleted. 10. That all equipment and supplies shall be contained inside the facility at all times. 11. That the existing trash enclosure shall be maintained in such a manner that no trash shall be visible from the adjoining streets or residential properties. Use Permit No. 3444 (Public Hearing) Item No.2 • Request to permit the continued operation of an existing UP3444 independent massage establishment located on property in the M -1- A District. The proposal also includes a request to waive the Approved location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 28, Tract No. 3201, located at 4320 Campus Drive, on the southeasterly side of Campus Drive, between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Lonna Smith, Newport Beach OWNER: Richard Kissinger, Newport Beach James Hewicker, Planning Director, addressed Finding No. 2 in Exhibit "A" that refers to a significant financial investment in the current location, and he suggested that the statement be deleted from the finding. -7- COMMISSIONERS '0 April23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX William Laycock, Current Planning Manager, addressed Finding No. 5, and he requested that Finding No. 5 be amended to state The Police Department has indicated that there are not any police problems associated with the subject operation. In response to a question posed by Commissioner Debay indicating that no new establishments shall be allowed within 500 feet, Mr. Hewicker stated that the request would allow the subject establishment to remain in its current location. Commissioner Merrill referred to Condition No. 7 in Exhibit "A" requiring the applicant to submit drawings and obtain permits for tenant improvements. Mr. Hewicker pointed out that a Code Enforcement Officer follows up on the approved applications to be certain that applicants satisfy the conditions of approval. The public hearing was opened in connection with this item, and • Ms. Lonna Smith, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Ms. Smith concurred with the findings and conditions in Exhibit "A'. In reference to Condition No. 7, Ms. Smith advised that she shall submit the required plans to the Building Department so as to obtain the building, plumbing, and electrical permits. Mr. Tim Casey, 1509 East Chapman Avenue, Orange, attorney, appeared before the Planning Commission. Mr. Casey addressed his concern regarding Section 20.68.025, A 2 of the Municipal Code, indicating that ..no use permit shall be approved by the City of Newport Beach for any massage establishment if the proposed site is located within 500 feet of any other massage establishment. Mr. Casey stated that he represents establishments that are located within the 500 foot area, and he requested a clarification of the foregoing statement. Robin Flory, Assistant City Attorney, explained that the applications are intended to come to the City on a case by case basis with consideration made as a part of the waiver of location findings that the establishments are existing facilities with the intent that if new businesses wish to come in, the waiver of location requirements would be enforced. Mr. Casey • requested approval of the subject use permit. -8- COMMISSIONERS 0 April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Debay determined from Ms. Flory's foregoing statement that the City shall hold strongly to new establishments, and the City shall not consider a waiver of less than 500 feet for new businesses. Ms. Flory concurred that each establishment shall be considered on a case by case basis, and the Commission shall make a determination on the waiver depending upon the information regarding the establishment, and consideration should be given to the existing establishments. 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. 3444 All Ayes subject to the findings and conditions in Exhibit 'W, including modified Finding Nos. 2 and 5 as previously stated. MOTION CARRIED. • FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.63 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500. feet between other independent massage establishments is justified in that the subject business is an existing facility. 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. The Police Department has indicated that there are not any police problems associated with the subject operation 6. 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. -9- COMMISSIONERS .o o. o �'s April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 8. 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. 9. 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. 10. The approval of Use Permit No. 3444 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 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 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. • 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior -10- COMMISSIONERS � o Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX of the building and all doors and windows shall be kept closed while such music is played. 7. That the applicant shall submit drawings and obtain all required building, plumbing and electrical permits for existing tenant improvements within 60 days of the effective date of the approval of this application. 8. 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. Variance No. 1181 (Public Hearin) stem No.3 Request to permit the enclosure of a third floor deck of an existing viiai two unit residential condominium which is nonconforming with Denied regards to allowable floor area, building height and required open space on property located in the R -2 District. LOCATION: A portion of Lot 1, Tract No. 1061, located at 939 West Bay Avenue, on the northeasterly corner of 10th Street and West Bay Avenue, on the Balboa Peninsula. ZONE: R -2 APPLICANTS: John and Betty Lee, Newport Beach OWNERS: Same as applicants William Laycock, Current Planning Manager, stated that staff recalculated the existing building inasmuch as an area on the easterly side of the building, where there is a partially open -11- COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX stairwell that has open treads and open railings, could be considered open space within the 24 foot height limit. The existing and proposed qualifying open space would be modified from 777± cubic feet to 2,163 cubic feet, and Finding No. 2, Exhibit "B" would be modified to state ..arid is deficient by 2823 cubic feet.. The public hearing was opened in connection with this item, and Mr. John Lee, 939 West Bay Avenue, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A". Mr. Lee addressed the letters and the petition submitted by the adjacent residents in support of the application. The purpose to enclose the third floor deck is to shield the deck from undesirable weather, and to prevent leaking problems. Ms. Marie O'Hora, 941 West Bay Avenue and the property owner of the lower condominium unit, appeared before the Planning Commission in support of the application. Ms. O'Hora addressed the leaking problems that have occurred and the adverse affect the leaks have had on her property. Ms. O'Hora stated that there are several three story buildings in the area, and the subject structure has not had a negative affect in the community. Mrs. Betty Lee, applicant, appeared before the Planning Commission. She addressed the support the applicants have received from the neighbors to permit the deck enclosure as requested, and the property owners' desire to enclose the deck area. Mrs. Lee further stated that the subject structure does not have a negative impact on adjoining buildings. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay stated that she initially did not believe the reasons to approve a variance existed; however, from personal experience, she indicated that leak problems exist in ocean front properties and that the situation could be considered 'unusual circumstances' on the property. on * Motion was made to approve Variance No. 1181 subject to the findings and conditions in Exhibit "A ". -12 COMMISSIONERS CITY April 23, 1992 OF NEWPORT BEACH ROLL CALL INDEX ommissioner Glover stated that she would not support the motion n the basis that she did not believe that the findings warrant anting a variance. hairman Di Sano expressed concern with respect to the subject pplication inasmuch as a residence he lived in on the Balboa eninsula also had a solarium and the structure was affected by ain storms. However, he determined that the findings would not upport the approval of the subject variance, and he did not upport the motion. mmissioner Merrill stated that he would not support the motion much as the structure currently exceeds the buildable area. mmissioner Pomeroy stated that there is no opposition from the djacent residents; the structure has too much height and bulk; and would aesthetically enhance the building. The reason re is a variance provision is to accommodate special conditions mglass ilar to the subject request. mmissioner Debay stated that more parking on -site is provided I n is required, and the property owners are including square tage in the garages to compute the square footage. The square footage does not consist of all living space in the dwelling. Ayes * * * Motion was voted on to approve Variance No. 1181 subject to the Noes findings and conditions in Exhibit "A ". MOTION CARRIED. Chairman Di Sano stated that he incorrectly voted to approve the Motion variance and he requested to call up his vote. Motion was made Ayes and voted on to reconsider Variance No. 1181. MOTION Noes RIED. The public hearing was reopened at this time, and Mr. and Mrs. e reappeared before the Planning Commission. In response to questions posed by Mr. and Mrs. Lee, Chairman Di Sano explained at the reasons he would not support the variance are because the findings to support a variance have to be very specific, and the Commission has not readily approved variances. The applicants may appeal the variance to the City Council. -13- COMMISSIONERS `P0 cn�� Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Mrs. Lee suggested that the Commission visit the property to evaluate the structure and the proposal inasmuch as the dwelling is a non - conforming building. Ms. Flory explained that variances address unusual circumstances about the property that puts the property owner in a position where the development ability is less than another property in the area In this case, the subject property has more square footage and buildable area than other lots in the area, and the granting of the subject variance to allow more square footage would give the property owners an advantage over other adjoining properties rather than bring the property up to status quo. Discussion ensued between Mr. Lee and Chairman Di Sano with respect to the applicants' and Commission's concerns regarding the subject variance. Chairman Di Sano stated that leakage in a • building is not enough of a problem to approve a variance to increase floor area. Commissioner Debay referred to Finding No. 1, Exhibit "A ", wherein she determined that there is an exceptional circumstance to the building based on the alcove that traps the wind and the water that collects in the open patio. Motion was made to continue Variance No. 1181 to allow the Commission an opportunity to walk through the subject building. Commissioner Gross supported the motion to continue the variance. Commissioner Pomeroy stated that the City has determined through a public hearing process how large homes can be in the City. He said that the Floor Area Ratio was not fair, and the public has not seen what the City has done inasmuch as the situation has only been recognized by property owners who have wanted to make improvements on their properties. Chairman Di Sano stated that he would not support to continue the variance because observing the property from the interior would *ion not change his mind regarding the bulk of the building. * Motion was voted on to continue Variance No. 1181. MOTION Ayes * FAILED. Noes -14- COMMISSIONERS April 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill INDEX Motion Motion was made and voted on to deny Variance No. 1181 subject Ayes to the findings in Exhibit 'B ". MOTION CARRIED. Noes FINDINGS: 1. That there are no 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 at least 550 square feet larger than all the other building sites in the area. 2. That the granting of the variance is not necessary for the preservation and enjoyment of substantial property rights of the applicants, inasmuch as the subject building already exceeds the allowable gross floor area by 1,363 square feet • and the allowable height by 11 feet, and is deficient by 2,823± cu.ft. of required open space. 3. That the proposed solarium enclosure will add to the total bulk of the building, which will increase the undesirable and abrupt scale relationships between the existing building and the adjoining one and two story residential properties. 4. That the establishment, maintenance, and operation of the use, property, and building will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. s s s Hearing) A General Plan Amendment No 92A General Plan Amendment No 92 -1 (A) (Public Hearing) Request to amend the Land Use Element of the Newport Beach Request General Plan so as to redesignate the subject property from "Retail Service Commercial" to 'Two Family Residential." AND -15- COMMISSIONERS April 23, 1992 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX B. Local Coastal Program Amendment No. 25 (Public Hearing) Item No.4 Request to amend the Local Coastal Program Land Use Plan so as GPA 92 -IA to redesignate the subject property from "Retail Service (Res 1286) Commercial" to 'Two Family Residential." LCP Amend No. 25 INITIATED BY: The City of Newport Beach ARes 1287) Amend 754 AND (Res 1288) C. Amendment No. 754 (Public Hearing) Approved Request to amend a portion of Districting Map No. 14 so as to rezone the subject property from the C -1 -1-1 District to the R -1.5 District. The proposal also includes a request to establish a 6 foot . front yard setback adjacent to Agate Avenue on the Districting Map. LOCATION: Lots 22 and 23, Block 8, Section 1, Balboa Island, located at 498 Park Avenue and 203 Agate Avenue, on the northwesterly comer of Park Avenue and Agate Avenue, on Balboa Island. ZONE: C -1 -1-1 APPLICANT: Evelyn L. Cornell Trust, Mission Viejo OWNER: Same as Applicant The public hearing was opened in connection with this item. No one appeared before the Planning Commission on behalf of the applicant. Chairman Di Sano determined that the applicant would have to comply with Exhibit "A ". Mr. Dan Converse, 202 Pearl Avenue, appeared before the Planning Commission in support of the application inasmuch as he would prefer a residential development at the rear of his property • than a commercial project. -16- COMMISSIONERS 0 \,0*\N\\ April 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ill Jill I INDEX Mr. Ben Schmid, 203 Pearl Avenue, appeared before the Planning Commission. He supported the two family residential development on the basis that the project would be developed in conformance with the existing zoning regulations on Balboa Island. He expressed his concern that the development would consist of a residential condominium units. James Hewicker, Planning Director, explained that there is no difference between a two unit duplex and a two unit condominium with the exception of the ownership of the building. 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 adopt General Plan Amendment All Ayes No. 92 -1(A) (Resolution No. 1286), Local Coastal Program Amendment No. 25 (Resolution No. 1287), and Amendment No. 754 (Resolution No. 1288) under the terms of Exhibit "A ". MOTION CARRIED. A. GENERAL PLAN AMENDMENT NO. 92 -1(Al: Adopt Resolution No. 1286 (attached) recommending to the City Council the adoption of General Plan Amendment No. 92 -1 (A), amending the Land Use Element of the Newport Beach General Plan so as to redesignate property located at the northwesterly comer of Park Avenue and Agate Avenue from "Retail and Service Commercial" to 'Two Family Residential ". B. LOCAL COASTAL PROGRAM AMENDMENT NO 25• Adopt Resolution No. 1287 (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 25, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate property located at the northwesterly comer of Park Avenue and Agate Avenue from "Retail and Service Commercial" to "Two Family Residential ". C. AMENDMENT NO. 754: Adopt Resolution No. 1288 (attached) recommending to the City Council the approval . of Amendment No. 754, amending a portion of Districting Map No. 14 so as to reclassify the subject property from the C -1 -H District to the R -1.5 District and to establish on -17- • COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL I I f—VT I I I , INDEX . 0 Districting Map No. 14 a 6 foot front yard setback on the Agate Avenue frontage of the subject property. A. General Plan Amendment No 89- 2(__)H CPublic Hearin) Request to amend the Land Use Element of the General Plan so as to redesignate property at 124 Marine Avenue from 'Retail Service Commercial' (RSC) to "Government, Educational, Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC. The proposal also includes the acceptance of an environmental document. Request to amend the Local Coastal Program Land Use Plan so as to redesignate property at 124 Marine Avenue from "Retail Service Commercial' (RSC) to "Government, Educational, Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC. LOCATION: Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site); and Lot 25, Block 13, Section 4, Balboa Island, located at 323 Marine Avenue, on the westerly side of Marine Avenue, between Balboa Avenue and North Bay Front (existing fire station site) on Balboa Island. ZONE: C -1 INITIATED BY: The City of Newport Beach a Item No.5 GPA 89 -2H LCP Amend 19 Amend 750 UP 3436 R976 Removed from Calendar COMMISSIONERS � o0 Apnl23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL 1NOEX C. Amendment No. 750 (Public Hearing) Request to amend a portion of Districting Map No. 14 so as to reclassify the subject property from the C -1 District to the GEIF District. AND D. Use Permit No. 3436 (Public Hearing) Request to permit the establishment of a new fire station facility on property proposed to be rezoned to the GEIF (Government, Educational, Institutional Facilities) District. The proposed project would also include the construction of public restroom facilities within the same building. • AND Hearing) E. Resubdivision No. 976 (Public Request to resubdivide two existing lots into a single parcel of land so as to establish a building site for a new fire station facility on Balboa Island. LOCATION: Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 124 Marine Avenue, on the southeasterly comer of Marine Avenue and Park Avenue (new fire station site), on Balboa Island. ZONE: C -1 APPLICANT: The City of Newport Beach, Newport Beach OWNER: Same as applicant ENGINEER: Robin B. Hamers & Associates, Inc., Costa Mesa . James Hewicker, Planning Director, requested that the subject item be removed from calendar inasmuch as the project will be subjected to additional design review. -19- COMMISSIONERS . Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL il Jill I INDEX A. Local Coastal Program Amendment No. 26 (Public Hearing) Item No.6 Request to rescind Resolution No. 92 -03, which approved LCP LCP Land Use Plan Amendment No. 24 and increased the allocation of Amend 26 office development in Corporate Plaza West Planned Community (Res 1289) from 115,000 square feet to 145,000 square feet. Amend 755 (Res 1290) LOCATION: Corporate Plaza West Planned Community, bounded by East Coast Highway, Newport Amend 756 Beach Country Club, Balboa Bay Tennis (Res 1291) Club, and Newport Center Drive, located southerly of Fashion Island, in Newport DA No.4 Center. Approved . INITIATED BY: The City of Newport Beach AND B. Amendment No. 755 (Public Hearing) Request to amend the Civic Plaza Planned Community Develop- ment Plan so as to permit 30,000 square feet of additional office development transferred from the Corporate Plaza West Planned Community. LOCATION: Civic Plaza Planned Community, bounded by Jamboree Road, San Joaquin Hills Road, Santa Cruz Drive, and Santa Barbara Drive, located westerly of Fashion Island, in Newport Center. ZONE: P -C APPLICANTS: The City of Newport Beach and the Irvine Company, Newport Beach OWNERS: Same as applicants AND -20- COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX. C. Amendment No. 756 (Public Hearing) Request to repeal Ordinance No. 91 -47, which adopted the Corporate Plaza. West Planned Community Development Plan, and to amend a portion of Districting Map No. 48 so as to rezone the subject property from the P -C District to the O -S (Open Space) and Unclassified Districts. LOCATION: Corporate Plaza West Planned Community, located at the northwesterly comer of Newport Center Drive and East Coast Highway, in Newport Center. ZONE: P -C APPLICANTS: The City of Newport Beach and the Irvine • Company, Newport Beach OWNER: The Irvine Company, Newport Beach AND D. Develo mn ent Agreement No. 4 (Public Head") Request to repeal Ordinance No. 91-46 and adopt a revised Devel- opment Agreement between The Irvine Company and the City of Newport Beach for the Library Exchange Agreement. The proposal also includes the acceptance of an environmental document. LOCATIONS: Corporate Plaza, Corporate Plaza West, Civic Plaza, and Newport Village Planned Communities, within Newport Center. ZONE: P -C APPLICANTS: The City of Newport Beach and the Irvine Company, Newport Beach OWNERS: Same as applicants -21- COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, explained that the subject requests were previously approved by the Planning Commission on November 21, 1991, and the City Council on January 13, 1992. He stated that the project was revised after Local Coastal Program Amendment No. 24 and the Development Agreement were withdrawn from the Coastal Commission on April 9, 1992, inasmuch as the Coastal Commission conditions were unacceptable to the City and The Irvine Company. The 30,000 square feet that was originally added to Corporate Plaza. West will be transferred to Civic Plaza. The Civic Plaza Planned Community exists entirely outside of the Coastal Zone. The public hearing was opened in connection with this item, and Mr. Tom Redwitz appeared before the Planning Commission on behalf of The Irvine Company. Mr. Redwitz concurred with the findings and conditions in Exhibit "A ". • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Local Coastal Program All Ayes Amendment No. 26 (Resolution No. 1289), Amendment No. 755 (Resolution No. 1290), Amendment No. 756 (Resolution No. 1291), and Development Agreement (Resolution No. 1292), subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Fin in Final EIR No. 149, previously certified on January 13, 1992, and Addendum No. 1 to the Final EIR were considered prior to approval of the project. The Addendum does not raise any important new issues regarding the environmental effects of the project. Together they were determined adequate to satisfy all the requirements of CEQA. The Final EIR and Addendum reflect the independent judgement of the Planning Commission. • -22- COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Mitigation Measures: Traffic and Circulation 1. All project proponents shall participate in the Newport Center Transportation Management Association. 2. Prior to occupancy of any permitted structure, a site specific Transportation Management System (TMS) component shall be prepared by project proponents and approved by the City Public Works and Planning Departments. Air Quality 3. Parking areas shall be paved early during construction activities. Appropriate construction phasing shall be determined in conjunction with the Public Works Department prior to issuance of grading permits. 4. Major grading shall occur when soil moisture is high. Appropriate conditions shall be determined by the Public Works Department prior to issuance of grading permits. 5. Secure bicycle facilities shall be incorporated into projects. Compliance shall be determined by the Planning and Building Departments prior to issuance of building permits. 6. The proposed projects shall comply with all appropriate emission control measures as required by the AQMD. 7. The project shall comply with all Title 24 energy efficiency requirements. • S. The office component of the proposed project shall participate in existing ridesharing programs in the Newport Center area, and comply with AQMD -23- COMMISSIONERS 0, vo\N April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Regulation XV requirements if office size exceeds certain employee thresholds. 9. Grading of projects shall be phased to one site at a time, where feasible, to limit the area disturbed simultaneously. 10. To the extent feasible, projects should consider establishment of alternative work schedules to reduce peak hour travel. Noise 11. Prior to issuance of any building permits, an acoustical study shall be prepared based on actual pad, property, roadway grades, building locations, • and orientation to assure that noise impacts do not exceed 50 CNEL for interior areas of office or library buildings, and 55 CNEL for any retail /commercial establishments. Water Resources 12. Any on -site systems or extension of culverts for contributory drainage from areas outside the future proposed developments shall be considered a localized condition. These culverts shall be studied during the project design phase and any required improvements shall be installed in conformance with local ordinances and accepted engineering practice. 13. All existing and proposed desilting basins located within Newport Center or serving projects located within Newport Center shall be maintained by the project proponent, until such time as an appropriate agency accepts maintenance responsibility. 14. The project proponent shall comply with all requirements of the Regional Water Quality Control Board. -24- April 23, 1992 COMMISSIONERS 00 �k* \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Cultural Resources 15. Prior to issuance of grading permits for any construction on the Newport Village site, an archaeological and paleontological records search shall be conducted by a qualified archaeologist to determine whether proposed activities would encroach upon or otherwise adversely impact the previously recorded Locus A or B of CA -Ora -167. 16. If it is determined that proposed activities would affect CA- Ora -167, the following specific procedures shall be implemented: CA- Ora -167 - Locus A a. A survey of the site area shall take place during which time surface materials shall be flagged in order to identify the horizontal surface boundaries of the locus. b. Following identification of the surface extent of any cultural resources, a 5 square meter grid system shall be laid out that encompasses all flagged material. C. Using the grid system, all flagged material shall be systematically collected. d. After collection of surface materials, two to three units measuring 1 square meter shall be placed within the grid system, to provide the limits of the vertical distribution of the cultural material as well as identifying its subsurface integrity. e. Following completion of the subsurface units, a series of hand -dug postholes shall be placed in the site to further define its subsurface • horizontal distribution. -25- COMMISSIONERS April 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL if fill INDEX f. All material recovered from surface collection and subsurface units shall be analyzed and catalogued. g. If sufficient shellfish remains are recovered from the subsurface, at least two samples shall be submitted for C14 dating. h. The results of the test program, including methodology, analysis of recovered material, and recommendations, if necessary, for further work shall be documented in a report. i. All of the above work shall be undertaken by an archaeologist on the Orange County List of Certified Archaeological Consultants. CA- Ora -167 - Locus B a. Because of the suspected disturbed nature of Locus B, an approved archaeologist shall be present during the initial grading phase at the location previously identified as that of Locus B. If a significant subsurface deposit is uncovered during the grading the project proponent shall be prepared to have the material evaluated and if need be permit the introduction of a limited test -level investigation. Aesthetics 17. Detailed visual analysis shall be conducted at the time of use permit or site plan review for all uses to assure that no significant adverse visual impacts will occur. Compliance shall be determined by the City of Newport Beach Planning Department. 18. Earth berms and graded slopes shall be contoured and landscaped to the approval of the Planning and Building Departments. -26- COMMISSIONERS April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 19. No exterior signs shall be permitted above the top of the second story. 20. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 21. No illuminated signs shall be roof - mounted. 22. All roof - mounted mechanical equipment shall be screened by architectural features and shall conform to established height limits in specific areas. 23. No illuminated building signs within Newport Village shall be oriented toward MacArthur Boulevard. Police • 24. The project proponent shall work in conjunction with the City of Newport Beach Police Department to ensure that crime prevention features are included in building design and construction. Sewer /Wastewater 25. Prior to issuance of any building permits, project proponents shall demonstrate to the Building and Public Works Departments that adequate sewerage capacity is available to serve the project. B. LOCAL COASTAL PROGRAM AMENDMENT NO, 26 Adopt Resolution No. 1289, recommending City Council approval of Local Coastal Program Amendment No. 26. C. AMENDMENT NO, 755 Adopt Resolution No. 1290, recommending City Council approval of Amendment No. 755 for Civic Plaza. PC. • _27_ COMMISSIONERS o G''P Apri123, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX D. AMENDMENT NO, 756 Adopt Resolution No. 1291, recommending City Council approval of Amendment No. 756 for Corporate Plaza West PC. E. REVISED DEVELOPMENT AGREEMENT NO, 4 Findings: 1. That the Development Agreement is in compliance with California Government Code Section 65864 et seq, and Newport Beach Municipal Code Chapter 15.45. 2. That adoption of the Development Agreement would • not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. Conditions: 1. Once every 12 months from the date of execution of the Development Agreement, the project proponent or his successor in interest shall prepare and submit for review by the City Council a report demonstrating compliance with the terms of the Agreement, as required by Section 15.45.070 of the Newport Beach Municipal Code. • -28- COMMISSIONERS �0�� April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Amendment No. 753 (Public Hearing) Item No.7 Request to consider an amendment to Title 20 of the Newport Amend 753 (Res 1293) Beach Municipal Code so as to revise the definition of the term "Grade." INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Amendment No. 753 All Ayes (Resolution No. 1293). MOTION CARRIED. s s s Amendment No. 757 (Public Hearing) Item No.8 Request to consider an amendment to Title 20 of the Newport Amend 757 Beach Municipal Code so as to establish provisions for the (Res 1294) regulation of short term lodging units in Residential Districts. Approved INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, discussed the Ordinance that the City Council is considering regarding short term lodging units. The regulations will reside in Title 5 of the Municipal Code; however, in order to provide the proper cross reference and to allow the short term lodging units as permitted uses in the various residential districts of the Zoning Code, it is necessary to amend Title 20, the Zoning Code. Commissioner Glover expressed her concerns that the Ordinance would be over - regulating and unfair. Mr. Hewicker concurred with a statement expressed by Commissioner Glover that the ultimate person responsible for what occurs on the property is the property • owner. -29- COMMISSIONERS ° o_o April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Debay stated that members of the real estate profession recently met with City officials, and a new Ordinance is being drafted to address their concerns. She indicated that the proposed regulations would govern weekly rentals, thirty days or less, and she recommended that out -of -town property owners appoint an agent to represent them. In response to a question posed by Commissioner Edwards, Commissioner Debay stated that an Ordinance affecting winter rentals is also being considered through the Noise Ordinance. The purpose would be to make the neighborhoods more suitable to full time residents. In response to questions posed by Commissioner Edwards regarding the regulations, Robin Flory, Assistant City Attorney, explained that the Ordinance addresses the compounding of problems occurring on the property, and the constant offenders would be the persons that would be mostly affected by the regulations. Commissioner Merrill discussed the need for the property owners to be responsible for what occurs on their property. Commissioner Debay stated that the Business License Division will be able to provide a list of property owners for future reference, and the Transient Occupancy Tax (TOT) would pay for the maintenance of additional services. The Short Term Lodging Permit requires the property owner to comply with certain conditions, and if said conditions are not complied with, the permit can be pulled. Commissioner Gross stated that the subject Ordinance is a criminal code issue and is not a land use issue. He said that the party house problems cannot be solved by making the property owners responsible by changing the designation of the property. Commissioner Pomeroy requested a clarification of 'undesirable disturbance'. Ms. Flory explained the actions required to adopt the subject application and the coordination with Title 5. The issue of how to regulate the businesses is not a part of the Commission decision. The Ordinance's wording addresses repeated parties, -30- COMMISSIONERS April 23, 1992 MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX loud parties, late parties, problems with trash and parking, or the problems that are occurring in the area. In response to concerns expressed by Commissioner Glover with respect to whether or not the proposed Ordinance is legal, Ms. Flory explained that a court case that was upheld by the California Supreme Court .from the City of Carmel upheld regulations that were more restrictive than the subject Ordinance. In Carmel, it was a residential single - family area that prohibited all rental units with the concept that the property owners wanted to maintain the residential character of the neighborhood, and there were enough findings and information that was presented to the Court to uphold the regulations. Commissioner Glover stated that it is unfair to take another person's property, and it is good for a community to provide rental properties. An ocean community has certain . responsibilities to share the ocean with everyone. The public hearing was opened in connection with this item, and there being no one to appear before the Planning Commission, the public hearing was closed at this time. Commissioner Edwards stated that his concern would be not only the regulation of residential units but also commercial units in industrial parks inasmuch as other cities have had problems with "underground" uses in industrial parks. He stated that he would support the subject Amendment. Motion Commissioner Edwards made a motion to adopt Amendment No. 757 (Resolution No. 1294), recommending to the City Council the adoption of an Ordinance to regulate the operation of short term lodging units. Commissioner Gross stated that he would not support the motion inasmuch as it is a criminal issue and not a land use issue. Commissioner Pomeroy stated that he would not support the motion. -31- COMMISSIONERS `�o g. o�, �o , � �9�, April 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Glover stated that she would not support the motion on the basis that she believes that the proposed Ordinance is illegal. Chairman Di Sano supported the motion on the basis that he believes that a signal must be sent to owners of residential rental property that there is some form of regulation and protection other than Police protection. Motion was voted on to adopt Amendment No. 757 (Resolution Ayes * * * No. 1294). MOTION CARRIED. Noes s * * ADJOURNMENT: 9:10 p.m. Adjourn NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -32-