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Home My WebLink About06/04/1987REGULAR PLANNING COMMISSION MEETING MINUTES COMMISSIONERS PLACE: City Council Chambers TIME: 7:30 p.m. DATE: June 4, 1 987 m'1 A MlolF9 CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x x K X K K All Commissioners were present. (Commissioner Pomeroy . arrived at 7:33 p.m.) ft x k EX- OFFICIO OFFICERS PRESENT: Carol Korade, Assistant City Attorney t t t William R. Laycock, Current Planning Administrator Don Webb, City Engineer Dee Edwards, Secretary Minutes of May 21, 1987: Minute's of Motion x Motion was made to approve the May 21, 1987, Planning 5 -21 -87 X X x X Commission Minutes. Motion voted on, MOTION CARRIED. qktat x in x x Public Comments: Public Comments No persons came forth to speak on non - agenda items. * x x Posting of the Agenda: Posting of the Agenda Current Planning Administrator William Laycock, stated that the Planning Commission Agenda was posted on Friday, May 29, 1987, in front of City Hall. Request for Continuances: Request for Continuance Current Planning Administrator, William Laycock, stated that the applicant, Balboa Pacific, for Item No. 1, Use Permit No. 3271 and Resubdivision No. 848, permitting the construction of a two unit residential condominium located at 213 - 28th Street, has requested that this matter be removed from calendar. Traweek Investment, applicant, has also requested that Item No. 4, Use Permit No. 3275, requesting outdoor food carts within Lido Marina Village, be continued to the Planning Commission meeting of June 18, 1987. COMMISSIONERS MINUTES a o F F p June 4, 1987 G��pt9f'Zf� ` °9$9z CITY OF NEWPORT BEACH ROLL CALL INDEX Motion All Ayes x Motion was made to continue Item No. 4, Use Permit No. 3275, Traweek Investment, applicant, to the Planning Commission meeting of June 18, 1987. Motion voted on, - MOTION CARRIED. � * a A. Use Permit No. 3271 (Continued Public Hearing) Item No.l Request to permit the construction of a two unit Use Permit residential condominium development with a related four No. 3271 car garage on property located in the R -2 area of the R848 Cannery Village /McFadden Square Specific Plan Area. withdrawn from AND Calendar B. Resubdivision No. 848 (Continued Public Hearing) Request to resubdivide an existing lot and an abandoned portion of 28th Street into a single parcel of land for • residential condominium purposes. LOCATION: Lot 12, Block 128, Lake Tract, and a portion of abandoned 28th Street, located at 213 28th Street, on the northerly side of 28th Street between Newport Boulevard (southbound) and West Balboa Boulevard, in the Cannery Village/ - McFadden Square Specific Plan Area. ZONE: SP -6 - APPLICANT: Balboa Pacific, Newport Beach OWNER: Preston D. Will, Fullerton ENGINEER/ - - ARCHITECT: Same as applicant William Laycock, Current Planning Administrator, stated that the applicant, Balboa Pacific, has requested that Use Permit No. 3271 and Resubdivision No. 848, 213 - 28th Street, requesting the construction of a two unit residential condominium development, be removed from calendar. -2- COMMISSIONERS MINUTES June 4 , 1987 FFGOF �y `oy �` °��9� CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3260 (Public Hearing) item No.2 Request to permit the establishment of an automobile UP3260 rental facility in an existing nonconforming office building in the M -1 -A District. Said building is Approved nonconforming in that existing parking is inadequate to meet the requirements of the Newport Beach Municipal Code. The proposal also includes the installation of an outdoor, private automobile wash rack. A modifica- tion to the Zoning Code is also requested so as to permit an expansion of the parking area to encroach 8 feet 6 inches into the required 15 foot side yard setback adjacent to Dove Street and the installation of tandem parking spaces. LOCATION: Lot 23, Tract No. 3201, located at 4200 Campus Drive, on the northeasterly corner of Campus Drive and Dove Street, across from the John Wayne Airport. • ZONE: M -1 -A APPLICANT: Ralph Gray, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Administrator, stated that staff has recommended that a sentence be added to Condition No. 16, regarding trash and mechanical equipment, stating "that the location of the trash enclosure shall be approved by the Planning Department." Mr. Laycock explained that the trash enclosure is adjacent to the car wash area, which would make it difficult to get to the trash area as requested; therefore, staff has recommended that the trash area be relocated to another location. Don Webb, City Engineer, requested that wording be added to Condition No. 4, regarding the existing drive apron on Campus Drive, stating "unless otherwise approved by the Public Works Department." Mr. Webb explained that staff is requesting further discussion with the applicant regarding the recommended driveway closure on Campus Drive. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, 3187 Airway, Suite E, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. -3- COMMISSIONERS MINUTES June 4, 1987 y� �9 F9G9 pA�9 CITY OF NEWPORT BEACH ROLL CALL INDEX King stated that the applicant concurs, with the aforementioned amendments to Conditions No. 4 and No. 16, and they concur with the findings and other conditions in Exhibit "A ". Chairman Person referred to Condition No. 22, and pointed out that the Planning Commission may bring back the subject Use Permit for review at any time. Mr. King stated that the applicant is aware of said condition and they are in agreement with the contents of Condition No. 22. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3260, subject All Ayes to the findings and conditions in Exhibit "A ", including an amendment to Condition No. 4, stating "unless otherwise approved by the Public Works Department. ", and an amendment to Condition No. 16, stating "that the location of the trash enclosure shall • be approved by the Planning Department." Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan and is compatible with existing and proposed land uses in the surrounding area. 2. That the project will not have any significant environmental impact. 3. 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. 4. That the proposed modification to the Zoning Code so as to permit an expansion of the parking area to encroach 8 feet 6 inches into the required 15 foot side yard setback adjacent to Dove Street and the installation of tandem parking spaces will not under the circumstances of this 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 be detrimental or injurious to property and improvements in the neighborhood or the general -4- 'COMMISSIONERS MINUTES June 4, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That the approval of Use Permit No. 3260 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of the persons residing and working in the neighborhood or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, except as noted below. 2. That all improvements be constructed as required • by ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 4. That the existing drive apron on Campus Drive shall be closed, unless otherwise approved by the Public Works Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That an access ramp be constructed per City Std. -181 -L at the intersection of Dove Street and Campus Drive under an encroachment permit issued by the Public Works Department. 7. That a detailed landscape plan shall be approved by the Planning, Public Works and Parks, Beaches and Recreation Departments. Said plan shall include plants that will partially screen the parking spaces adjacent to Dove Street, but will not interfere with sight distance from adjacent driveways. -5- COMMISSIONERS MINUTES �B June 4, 1987 9y Gy ` 9y C CITY OF NEWPORT BEACH ROLL CALL INDEX B. That all employees shall park their vehicles on -site. 9. That no more than eight (8) rental vehicles shall be stored on the site at one time. 10. That no rental vehicles shall be stored on any public street. 11. That all wash water shall drain into the sanitary sewer system and that the wash area drain shall be equipped with a grease trap unless otherwise approved by the Building Director. 12. That the automobile wash facility shall be de- signed in a manner that will prevent rain water from entering the sewer system. This will require the provision of a roofed washing area and curbing along the perimeter of a raised surface of the wash facility. The exact design shall be reviewed and approved by the Building, Public works and • Planning Departments. 13. That auto washing and detailing shall be ancillary to the primary auto rental operation and shall be performed only on vehicles owned by the rental operation. 14. That vehicles shall be washed only at the wash rack and that no portable wash rack shall be utilized on -site. 15. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates. 16. That all trash and mechanical equipment shall be screened from Dove Street, Campus Drive, and adjoining properties. The location of the trash enclosure shall be approved by the Planning Department. 17. That the site shall be maintained in a clean and orderly manner. 18. That no windshield signs shall be permitted and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. -6- COMMISSIONERS MINUTES o p June 4, 1987 9� 0 A�m9 G 01 � F < CITY OF NEWPORT BEACH ROLL CALL INDEX 19. That on -site lighting shall be designed so that light sources are not visible from vehicles on Campus Drive and Dove Street. 20. That handicapped parking spaces shall be provided as required by Code. 21. That the Modifications Committee shall review this application two years after the effective date of this permit. 22. That the Planning Commission may add to or modify, conditions of approval of 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. 23. This use permit shall expire unless exercised • within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3274 (Public Hearing) Item No.3 UP3274 Request to permit the installation of outdoor tennis court lighting on property located in Residential Area No. 5 of the Aeronutronic Ford Planned Community. Said Approved lighting will be installed on 8 - 22 foot high poles. A modification to the Zoning Code is also requested so as to permit portions of the tennis court, and related fencing and 4 of the proposed light poles to encroach 2 feet into the required 3 foot rear yard setback as well as a 2 foot encroachment of the tennis court and related fencing into the northerly 3 foot side yard setback. LOCATION: Lot 15, Tract No. 11450, located at 9 Chadbourne Court, on the easterly end of Chadbourne Court, easterly of Belcourt Drive North, in the Ford Aeronutronic Planned Community. • -7- COMMISSIONERS mG 9N 19�( A y� CITY OF NEWPORT BEACH MINUTES June 4, 1987 ROLL CALL INDEX ZONE: P -C ' APPLICANTS: Dr. and Mrs. Robert Burns, Newport Beach OWNERS: Same as applicants The public hearing was opened in connection with this item, and Mr. Harold Mestyanek, architect, appeared before the Planning Commission on behalf of the applicants. Mr. Mestyanek withdrew to the display area that consisted of the plans of the proposed home including the subject tennis court and an outside entertainment area. Mr. Mestyanek described the dimensions of the tennis court as proposed by the applicants, and the tennis court. encroachments as referred to in Exhibits "A" and "B ". Mr. Mestyanek stated that the tennis court would not be impacting the adjacent property owners. In response to a question posed by Commissioner Winburn, Mr. Mestyanek replied that the pool equipment is • mobile; however, he said that the applicants have stated a concern that they wish to maintain an open space area between the tennis court and the pool area. In response to questions posed by Commissioner Pomeroy regarding the possibility of reducing the dimensions of the tennis court, Mr. Mestyanek replied that the tennis court would become substandard if the tennis court would be narrowed and shortened. In response to Commissioner Pomeroy's questions regarding the height of the proposed fences, Mr. Mestyanek described the 10 foot high fencing as proposed, and he said that the applicant has requested to lower the 3 foot fencing adjacent to the house. He commented that the property line adjacent to MacArthur Boulevard will be used as a tennis court wall. In response to a question posed by Commissioner Merrill, Mr. Mestyanek described the location of the tennis courts adjacent to the subject property. Mr. Mestyanek concluded his presentation by stating that he is attempting to . give the applicants the best utilization of their property. • There being no others desiring to appear and be heard, the public hearing was closed at this time. -8- COMMISSIONERS MINUTES o Fpp0 June 4, 1987 G�y� Npy�f` O CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pomeroy commented that the modification to the rear yard setback is not encroaching on private property. He suggested that 6 inches could be reduced on either end side of the tennis court, and the court could be moved back another one foot so as to meet the setback requirement to the adjacent property. Commissioner Pomeroy stated that he would support .staff's suggestion of deleting the sideyard encroachment, and maintaining the proposed rear yard encroachment because that would not be impacting residential property. Commissioner Koppelman supported the aforementioned Motion x statements by Commissioner Pomeroy. Motion was made to All Ayes approve Use Permit No. 3274 subject to the alternate findings and conditions of approval in Exhibit "B ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land • Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impacts. 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. That the proposed modification to the Zoning Code so as to allow 4 light standards, a portion of the tennis court and fencing to encroach 2 feet into the required 3 foot rear yard setback 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City, nor will it be inconsistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, inasmuch as - the encroachment is located adjacent to a greenbelt. • S. That the proposed modification to the Zoning Code so as to allow a portion of the tennis court and fencing to encroach 6 inches to 2 feet into the required 3 foot northerly side yard setback is not -9- COMMISSIONERS MINUTES June 4, 1987 ymG �iP99Cq'4 CITY OF NEWPORT BEACH ROLL CALL INDEX justified in this case inasmuch as the tennis court could easily be relocated further to the south, adjacent to the pool equipment area. Furthermore, the proposed side yard encroachment will under the circumstances of this case be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City, and will not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 6. The approval of Use Permit No. 3274 will not under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and im- provements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevation except as noted in the following condition. 2. That the tennis court and associated fencing shall maintain the required 3 foot northerly side yard setback. 3. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses and to MacArthur Boulevard. The plans shall be prepared and signed by a licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 4. That the tennis court lighting shall be turned off by 11:00 p.m. daily. 5. That the light fixtures shall not exceed 22 feet in height. • -10- COMMISSIONERS MINUTES June 4, 1987 CITY OF NEWPORT BEACH ROLL CALL 11 111 INDEX Use Permit No. 3275 (Public Hearing) Item N6.4... Request to permit the use of various outdoor portable UP3275 food carts and an outdoor flower stand within private areas of Lido Marina Village, The proposal also Continued includes a modification to the Zoning Code so as to to 6 -18 -87 permit the use of compact parking spaces in the Lido Marina Village parking structure. LOCATION: Various locations in Lido Marina Vill- age, on property bounded by Newport Boulevard, Via Lido and Newport Bay. ZONE: C -1 -H APPLICANT: Traweek Investment, Newport Beach OWNER: Same as applicant Current Planning Administrator, William Laycock, stated that Traweek Investment, applicant, has requested that Use Permit No. 3275 be continued to the Planning Commission meeting of June 18, 1987. Motion x Motion was made to continue Use Permit No. 3275 to the All Ayes Planning Commission meeting of June 18, 1987. Motion voted on, MOTION CARRIED. � * x Amendment No. 648 (Public Hearing) Item No.5 Request to consider an amendment to Chapter 20.73 of A648 the Newport Beach Municipal Code so as to delete the — requirement of securing use permits for new residential Approved condominium projects. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item; however, there being no one to appear and be heard regarding this item, the public hearing was closed at this time. Motion Motion was made to recommend to the City Council, x Amendment No. 648 for approval and implementation. • Chairman Person stated that the recommendation will bring residential condominium development into conformance throughout the City. -11- COMMISSIONERS MINUTES June 4, 1987 CITY OF NEWPORT BEACH ROLL CALL I I Jill INDEX Commissioner Winburn pointed out that a resubdivision or tentative tract map review will still be required in conjunction with residential condominium development even if the use permit requirement is removed, which will provide the Public Works Department an opportunity to require project related public improvements. All Ayes Motion voted on to recommend Amendment No. 648 to City Council for approval. MOTION CARRIED. * • x A D J O U R N M E N T: 7:50 p.m. Adjournment x � x HARRY O. MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION i • -12-