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HomeMy WebLinkAbout07/23/1992COMMISSIONERS � o REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL il Jill INDEX Present X X X Absent x x Commissioner Pomeroy and Commissioner Gross were absent. s x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of July 9. 1992: Minutes of 7 -9 -92 Motion Motion was made and voted on to approve the July 9, 1992, Ayes x Y Planning Commission Minutes. MOTION CARRIED. Abstain X Absent X Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, July 17, 1992, in front of City Hall. COMMISSIONERS 0 .o \,,\Nc� \\ July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No 3229 (Amended) Public Hearing) Item No.1 Request to amend a previously approved use permit which UP3229A permitted the establishment of an automobile sales and service facility on property located in the "Retail and Service Commercial" Approved area of the Mariner's Mile Specific Plan Area and which also exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District. Said approval also included the establishment of a restaurant with on -sale beer and wine within the automobile sales facility and the addition of an outdoor seating area to the existing restaurant; a request to conduct special charitable /promotional events; and a request to permit the additional required parking to be provided on an adjoining parcel which is in the same ownership as the subject property. The proposed amendment involves a request to allow said restaurant facility to remain open on a 24 hours basis where the permitted hours of operation are from 7:00 a.m. to 10:00 p.m. daily: Also • included in the application is a request to permit the establishment of an automobile rental facility on the adjoining parcel from the automobile sales and service facility, located in the 'Retail and Service Commercial" area of the Mariners Mile Specific Plan Area. LOCATION: Restaurant Site: Parcel 1 of Parcel Map No. 87 -106 (Resubdivision No. 840), located at 3000 West Coast Highway; Off -Site Parking Site and Automobile Rental Site: A portion of Lot F, Tract No. 919, located at 2922 - 2940 West Coast Highway; both sites being on the northerly side of West Coast Highway between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Lee West, Newport Beach OWNER: Same as applicant William L.aycock, Current Planning Manager, stated that prior to the subject public hearing, Commissioner Merrill pointed out that on January 22, 1987, the Planning Commission approved Condition No. 24 stating That the parking structure can only be used by -2- COMMISSIONERS 0 � \, July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Newport Imports, whereby Mr. Laycock stated that staff would not object if the rental agency's automobiles would be parked inside the parking structure. Therefore, he recommended that a condition be added to Exhibits "A" and "B" stating That the parking structure can only be used by Newport Imports and the proposed automobile rental facility. James Hewicker, Planning Director, explained that Condition No. 24 was added because there was a concern that other users in the area might have a need for additional parking, i.e. restaurants in the evening. Mr. Hewicker stated that rental automobiles are currently being parked on the adjoining site. In response to a question posed by Commissioner Glover, Mr. Hewicker replied that the applicant currently has approval to conduct special charitable /promotional events. The public hearing was opened in connection with this item, and Mr. Lee West, applicant and owner, appeared before the Planning • Commission. Mr. West stated that the property located at 2922- 2940 West Coast Highway has never been tied in with the existing use permit. He indicated that he has a joint partnership with Enterprise Rent -A- Car /Leasing Company. The leasing company has had between 40 -60 rental automobiles in the building since the facility was opened as a convenience to the agency's customers; therefore, there would be no change to the operational characteristics of the business. There is adequate parking for the employees, and the restaurant. In response to questions posed by Chairman Edwards, Mr. West concurred with the findings and conditions in Exhibits "A" and "B ". In response to a question posed by Commissioner Merrill, Robin Flory, Assistant City Attorney, explained that the covenant required by the Commission at the September 7, 1989, Planning Commission meeting is under the same ownership. Mr. West explained that the two properties are owned by West- Gilcrest, and he is the owner of Newport Imports. In response to a question posed by Commissioner DiSano, Mr. West replied that the closest Enterprise Rent -A -Car agency is • located in Costa Mesa. Mr. West explained that the rental agency is located in the majority of the local automobile dealer establishments. -3- COMMISSIONERS 0 , \0\,�\N \\ July 23, 1992 : MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to questions posed by Chairman Edwards, Mr. West explained that a 24 hour restaurant would be a convenience to the public; that the residents residing on Cliff Drive have indicated that the subject structure acts as a noise buffer from West Coast Highway; and automobiles would be restricted from using Avon Street after 10:00 p.m. so the residents would not be impacted if the restaurant would be open 24 hours. In response to a question posed by Commissioner Debay, Mr. West explained that he would agree with an opening hour of 6:00 a.m. Mrs. Gail Demmer, 2812 Cliff Drive, appeared before the Planning Commission. Mrs. Demmer expressed support of the automobile rental facility; however, she addressed concerns regarding the requested 24 hour restaurant. She stated that the 24 hour restaurant could set a precedent in Mariner's Mile, and the request could have a negative impact on the residential community. In • reference to Exhibit "B ", Condition No. 2, she recommended that the hours of the restaurant be limited between the hours of 7:00 a.m. and 2:00 a.m. daily; and Condition No. 8 be amended to state that no vehicles for rent shall be stored on West Coast Highway or Avon Street. In response to questions posed by Commissioner Glover, Mrs. Demmer explained that employees working in the general vicinity often park automobiles at the rear of the facility on Avon Street. She stated that Condition No. 8 would be more specific if Avon Street would be included with West Coast Highway. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Merrill with respect to Condition No. 3, Exhibit's ", Mr. Laycock concurred that the exit from the restaurant facility onto Avon Street would be blocked after 10:00 p.m. * Motion was made to approve Use Permit No. 3229 (Amended) subject to the findings and conditions in Exhibit "B", including • added Condition No. 16 stating That the parking structure can only be used by Newport Imports and the proposed automobile rental facility. Commissioner Debay requested that Condition No. 2 be -4- COMMISSIONERS � k o �P\ `gym July 23, 1992 : CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX modified to state that the restaurant shall be allowed to open at 6:00 a.m. The maker of the motion concurred with the recommendation. Commissioner Glover further agreed to amend Condition No. 8 to include Avon Street as suggested. Ayes * Motion was voted on to approve Use Permit No. 3229 (Amended), No * as modified. MOTION CARRIED. Absent in i 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking will exist on -site to serve the automobile rental facility. 3. That the establishment of the subject business will not have any significant environmental impact. 4. That the restaurant facility open on a 24 hour basis would be detrimental to the adjoining residential property and to Cliff Drive Park. 5. That the approval of Use Permit No. 3229 (Amended) relative to the establishment of an automobile rental facility, 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. 6. That the approval of Use Permit No. 3229 (Amended) relative to the establishment of a 24 hour restaurant operation, will, 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. -5- COMMISSIONERS \0!o 0 July 23, 1992 , CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Conditions: 1. That the development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the hours of operation of the restaurant shall be limited between the hours of 6:00 a.m. and 2:00 am. daily. However, no outdoor seating shall be permitted after 10:00 p.m. 3. That exits from the restaurant facility onto Avon Street shall be blocked after 10:00 p.m. daily so that access is only provided to West Coast Highway. 4. That employees shall park on -site at all times. • 5. That 7 on -site parking spaces shall be maintained for customers and employees of the automobile rental facility at all times. 6. That no more than 15 rental vehicles shall be stored on the automobile rental site at any one time. 7. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates. 8. That no vehicles for rent shall be stored on West Coast Highway or Avon Street. 9. That no car washing or automobile repair shall be permitted on the site unless an amendment to this use permit is approved by the Planning Commission. However, misting of vehicles shall be permitted. 10. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. • 11. That no banners, pennants, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. -6- July 23, 1992 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 12. That Coastal Commission approval shall be required. 13. That all previous applicable conditions of approval of Use Permit No. 3229 and related amendments to said use permit, shall be fulfilled and shall remain in effect. 14. 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. 15. 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. 16. That the parking structure can only be used by Newport Imports and the proposed automobile rental facility. Use Permit No 3453 (Public HearinQl item No.2 Request to permit the establishment of a personal service UP3453 commercial use (beauty parlor) with an incidental nail salon within the commercial portion of the 28th Street Marina project, located Approved in the "Recreational and Marine Commercial' area of the Cannery Village /McFadden Square Specific Plan Area. LOCATION: Lots 4 and 5, Tract No. 14025, located at 2700 Newport Boulevard, on the southeasterly corner of Newport Boulevard (northbound) and 28th Street, in Cannery Village. ZONE: SP -6 . APPLICANT: Waves Salon & Spa, Fountain Valley OWNER: N/R Otas Marina Partners, Newport Beach -7- COMMISSIONERS A Q July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX James Hewicker, Planning Director, stated that staff has concerns regarding personal service establishments and the impact that the businesses have on parking spaces. He explained that the subject project provides for a specific number of parking spaces for commercial use and the remaining parking spaces are for the residents. He pointed out that the proposed 23 employees could feasibly have 32 customers on the site at any one time, and 12 parking spaces have been allocated for the square footage. He further explained that including the previously approved nail salon at the subject location, there could be 66 people, including employees and customers, that would be occupying 16 parking spaces that were set aside for the two establishments; therefore, a substantial amount of parking would be taken from other commercial uses. 85 parking spaces are available for all of the commercial uses. The property owner has indicated that the two salons are the only personal services that will be located on the property. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that the City does not have a separate parking standard for personal service establishments. The service establishments that have impacted the City the most are located in the older strip commercial areas of the City, i.e. East Coast Highway in Corona del Mar, the West Newport area, and Balboa Peninsula, and the establishments are located in commercial structures that were constructed when parking was not required. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that a condition could be added that would require all of the employees to park in the parking structure. Discussion ensued between Commissioner Merrill and Mr. Hewicker regarding the foregoing suggestion. The public hearing was opened in connection with this item, and Mr. John Newcomb, property owner, appeared before the Planning Commission. He addressed the foregoing concerns that were expressed regarding the parking spaces wherein he explained that the three businesses that are currently open demonstrate that there will be a mix of business, and the businesses that will be located on • the property will have different peak hours so as to be assured that there will always be adequate parking. -8- COMMISSIONERS 0 \0,,\N1 � July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Commissioner Debay, Mr. Newcomb stated that "green zone" parking is currently located on 26th Street, adjacent to the Mail Box establishment. Commissioner DiSano asked Mr. Newcomb if he had stated during a previous public hearing that he would be willing to "let people go" or "renegotiate a lease with a tenant" if parking became a problem. Mr. Newcomb stated that he previously testified to the aforementioned statement and he would testify to that statement again. In response to a question posed by Chairman Edwards, Mr. Newcomb replied that 34 percent of the square footage of the commercial area are signed leases. Mr. Newcomb explained that the peak hours of the previously approved. nail salon and the proposed hair salon are after 5:00 p.m. In response to a question posed by Chairman Edwards, Mr. Newcomb 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. In response to a question posed by Commissioner Glover, Mr. Laycock replied that the coffee house currently operating at the subject site required a modification permit and was approved by the Modifications Committee. motion * Motion was made to approve Use Permit No. 3453 subject to the Ayes * * * * findings and conditions in Exhibit 'W', and to add a condition that Absent requires the employees to park on -site. Commissioner DiSano supported the motion on the basis of Condition No. 5, Exhibit "x, that the Commission may call back the use permit if the use is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, and that Mr. Newcomb testified that he would renegotiate the use with the applicant if the business became a problem. Commissioner Merrill supported the motion; however, he expressed his concerns regarding parking requirements for nail salons. -9- COMMISSIONERS 0 \0"\N1 � L July 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Motion was voted on to approve Use Permit No. 3453, as modified. MOTION CARRIED. Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan, the Land Use Plan of the Local Coastal Plan, and the Cannery Village McFadden Square Specific Area Plan, and is compatible with the surrounding land uses. 2. That adequate on -site parking is provided for the proposed nail salon, given the pool of parking available for all proposed commercial uses on the property. 3. That the approval of Use Permit No. 3453 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, given that the proposed facility comprises only a small percentage of the overall project commercial square footage (approximately 13.1 %) and the total devoted to personal service establishments is also a small percentage (approximately 17.1 %). Conditions: 1. That the proposed construction shall be in substantial conformance with the approved plot plan and floor plan. 2. That any expansion of the facility into neighboring tenant . space or increase in the number of hairstylist stations (16 proposed) or nail operator /facial operator stations (3 each for a total of 6 proposed) shall be subject to approval of an amendment to this use permit. 3. That any massage operation in conjunction with this facility is prohibited. -10- COMMISSIONERS o. o July 23, 1992 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 4. 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. 5. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. That the employees shall be required to park their automobiles in the parking structure. The Commission and Mr. Hewicker addressed concerns regarding nail salon parking requirements. Mr. Hewicker stated that it is difficult to establish a parking standard for one area of the City without affecting another area of the City. Commissioner Merrill expressed his concern regarding the number of nail salons located in Corona del Mar on East Coast Highway and the shortage of parking spaces that they create for the adjacent businesses. Mr. Hewicker explained that the City Council has required that nail salons and similar uses require use permits in areas where there are Specific Area Plans, and a future Specific Area Plan would address concerns regarding nail salons in Corona del Mar. Amendment No. 762 (Public Hearing) Item No.3 Request to consider amendments to Title 20 of the Newport Beach A762 Municipal Code pertaining to the permitted height, number and (Res.1309) yard encroachments of accessory buildings in residential districts. Adopted INITIATED BY: The City of Newport Beach In response to a question posed by Commissioner Merrill, William Laycock, Current Planning Manager, explained that an accessory building is considered to be a subordinate building, a use of which -11- COMMISSIONERS July 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX is incidental to that of a main building on the same lot and /or building site. In response to a question posed by Commissioner Glover, Mr. Laycock explained that the provision would not pertain to Planned Community Districts. James Hewicker, Planning Director, explained that the provision would raise the height limit, the side yard setback would be increased, and more than one accessory building would be allowed on the property. 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. ion Motion was made and voted on to adopt Resolution No. 1309, S recommending Amendment No. 762, to the City Council. sent * * MOTION CARRIED. Amendment No. 773 (Public Hearing) Item No.4 Request to consider an amendment to Title 20 of the Newport x773 Beach Municipal Code so as to add the construction of chimneys (Res. 1310) and vents in excess of permitted height limits to the power and duties of the Modifications Committee. Adopted. INITIATED BY: The City of Newport Beach William Laycock, Current Planning Manager, explained that the Commission directed staff at the June 18, 1992, Planning Commission meeting, to prepare an amendment that would change the power of duties of the Modifications Committee to consider chimneys that exceeded the height. In response to a question posed by Commissioner Glover, Mr. Laycock explained that there would be a public hearing if the . Commission called up a modification. Commissioner Glover requested a clarification in the staff report wherein it states ..that in the case of a review by the Planning'Commission, the Planning -12- COMMISSIONERS k\a'\N \ July 23, 1992 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Commission's considerations do not include a public heating or the notification of surrounding property owners. Mr. Hewicker explained that under current regulations, the request is reviewed by the Commission without public notice or public hearing. The modification request would require a public notice for a public hearing. 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 Resolution No. 1310, Ayes, * * * recommending Amendment No. 773 to the City Council Absent * * MOTION CARRIED. iADJOURNMENT: 8:30 p.m. Adjourn HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -13-