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HomeMy WebLinkAbout09/10/1992COMMISSIONERS L—%%6 o %-N, Nam 0 h, CITY OF NEWPORT. BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: September 10, 1992 ROLL CALL INDEX * * * * * * * All Commissioners were present. EX-OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Don Webb, City Engineer Joanne MacQuarrie, Secretary sss Minutes of August 20. 1992: Minutes o 8 -20 -92 Motion * Motion was made and voted on to approve the August Ayes * * * * * * 20, 1992, Planning Commission Minutes. MOTION Abstain * CARRIED, sss Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. s s s Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Agenda Planning Commission Agenda was posted on Friday, • September 4, 1992, in front of City Hall. COMMISSIONERS MINUTES CITY OF NEWPORT BEACISeptember 10, 1992 ROLL CALL INDEX Rtguest for Continuances Request for Continuance Continuant James Hewicker, Planning Director, requested that Item No. 7, a series of actions regarding the existing and proposed Fire Stations on Balboa Island be continued to the October 8, 1992 Planning Commission meeting, and that Discussion Item No. 4, Amendment No. 775, be continued to the September 24, 1992 Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 7 All Ayes to the October 8, 1992 Planning Commission meeting and Discussion Item. No. 4 to the September 24, 1992 Planning Commission meeting. Planning Commission Review No. 18 (Discussion) Item No. 1 Request to review two chimneys which exceed the 24 PCR No. 18 foot basic height limit in the R -1 District and which Denied exceed the minimum height required by the Uniform Building Code. LOCATION: Lot 7, Tract No. 1219, located at 303 Kings Road, on the southerly side of Kings Road, between Signal Road and Kings Place, in Cliff Haven. ZONE: R -1 APPLICANT: Renato Trotta, Newport Beach OWNER: Dr. Gary R. Rettig, Costa Mesa • -2- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHbeptember 10, 1992 ROLL CALL INDEX The discussion was opened in connection with this item and Mr. Renato Trotta, applicant and architect, appeared before the Planning Commission. Mr. Trotta stated that since construction of the project house had begun and since drawings had been submitted to the Planning Department, it was necessary to shift the house and modify the size of Chimney No. 1 from 4 feet wide by 5 feet deep to 2 feet 6 inches wide by 5 feet deep. Mr. Trotta illustrated to the Commission, from the plans on display, the size modification he was requesting besides his, request for two chimneys to exceed the minimum height required by the Uniform Building Code and the Zoning Code. Planning Director Hewicker explained to the Planning Commission that after years of dealing with requests in regards to decorative chimney caps by both the City • Council and Planning Commission, the regulations had been changed to allow more architectural freedom in chimney ornamentation and to allow additional height than would normally be permitted under the Uniform Building Code. The Code permits chimney caps to be a minimum of 2 feet above all parts of the roof within a 10 foot horizontal radius. In answer to questions posed by Commissioner Debay and Mr. Hewicker, Mr. Trotta replied that reducing the height of the chimneys 1 foot, thereby keeping within the height limit permitted under the Code would not alter the function of the chimneys. There being no others desiring to appear and be heard, the discussion was closed at this time. • -3- COMMISSIONERS 40, 1 1111110eel M014, MINUTES CITY OF NEWPORT BEACHSePtember 10, 1992 ROLL CALL INDEX Commissioner Pomeroy stated that he had been supportive of the amendment that allowed for decorative chimney caps and spark arresters to exceed the permitted height limit by 1 foot. He also supported the recently approved amendment to the Municipal Code that added to the powers and duties of the Modifications Committee future requests to exceed the permitted chimney height limits. He questioned staff whether or not the 1 foot height extension was proving adequate for architectural embellishment. Current Planning Manager Laycock stated that there were chimney cap designs being processed in plan check within the permitted height limit. Motion was made to deny Planning Commission Review Moti on * No. 18 subject to the findings in Exhibit 11B." MOTION Ayes CARRIED. Findines: 1. That the approval of the applicant's request is not necessary for the enjoyment of property rights, inasmuch as Section 20.02.060 of the Municipal Code already provides adequate allowance for increased chimney heights. 2. That the proposed heights of the chimneys and related decorative chimney caps may obstruct views from residential properties located across Kings Road from the subject property. 3. That the approval of the proposed height of the chimneys and related chimney caps could set a precedent for the approval of other similar requests that would be detrimental to the health, safety, comfort, or general welfare, and detrimental or injurious to property or improvements elsewhere in the City. • -4- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX 4. That the approval of this request would be contrary to the intent of Chapter 20.02 of the Municipal Code, would also be in excess of the allowable height and the allowable overall dimensions as adopted by Amendment No. 725 which was intended to provide adequate design parameters for these types of architectural features, and further, would be materially detrimental to the health, safety, comfort, or general welfare of persons residing in the neighborhood, and detrimental or injurious to property or improvements elsewhere in the neighborhood, and the general welfare of the City: . • Site Plan Review No. 41 (Amended) (Public Headno _Item No. 2 SPR No . 41 Request to amend a previously approved Site Plan Review which permitted the expansion of the Mariner's Mile Marine Center located in the "Recreational and Approved Marine Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment includes a request to delete Condition No. 29 of said application, which requires Planning Commission's approval of any boat chartering operations from the subject property. Should the Planning Commission not wish to delete Condition No. 29, the applicant further requests the approval of the continued operation of a boat charter business from the subject property in accordance with said condition. LOCATION: Parcel 1 of Parcel Map 87 -159 (Resubdivision No. 841), located at 2429 -2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club, in • Mariner's Mile. -5- COA"USSIONERS �•p��cf� °�"�Ppso MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX ZONE: SP -5 APPLICANT: Newport Bay Group, Lad., Newport Beach OWNER: Same as applicant Commissioner Merrill referred to a letter attached to the staff report from Hornblower Dining Yachts, which included a . discussion of its business activities. Commissioner Merrill questioned if the onsite commercial kitchen activities described should be regulated by use permit and subject to the conditions • required of a restaurant. Planning Director Hewicker commented that there were many catering businesses operating within the City without a use permit, but the operations are required to meet the City's Building Code and the County s Health Regulations. Responding to an inquiries from Commissioners Debay and Glover, Mr. Hewicker said he was not aware of any specific parking complaints regarding the Daily Pilot's "Wet Wednesday's Town Meetings" or any other complaints besides what was mentioned in a letter the Planning Department received from Minney Family Enterprises. He stated parking regulations associated with boat chartering businesses are administered by the City s Marine Department and the Revenue Division. Commissioner Glover commented that she had heard of parking problems associated with the "Wet Wednesday" program. The public hearing was opened in connection with this item and Mr. James Evans, representing Newport Bay Group, Lad., appeared before the Planning Commission. • Mr. Evans summarized the two phases of development for the Mariner's We Marine Center, beginning in -6- COMMSSIONERS MINUTES CITY OF NEWPORT BEACIfeptember lo, 1992 ROLL CALL INDEX 1984, of what he termed a "model waterfront facility' meeting all City requirements. The Planning Commission's approval of Site Plan Review No. 41 included a condition which required the Commission's approval of any boat chartering business operating from the property, although normally boat chartering use does not require Planning Commission approval in the 'Recreational and Marine Commercial" area, and Mr. Evans questioned whether or not it indeed was a legal requirement. Shortly after approval of Site Plan No. 41 in March, 1987, staff inadvertently permitted Hornblower Yachts to begin operation on the site. Subsequently, in May, 1988, the operation received approval of a Commercial Harbor Activities Permit by the City Council. Mr. Evans described the kitchen facility as meeting every requirement imposed by regulatory authorities. He said he was aware there had been complaints regarding parking during the "Wet Wednesday" events. Mr. Evans stated that Hornblower Yachts does not charter the boat for these public events which are sponsored by the Daily Pilot newspaper and . received special permit from the Marine Department. Mr. Evans stated that about one year ago he was made aware of the problem involving the charter operation. He emphasized that he felt the facility's operation to be a legal zoning use and that the required Condition No. 29 be removed. Assistant City Attorney Flory responded to a query by Commissioner Gifford and explained that Condition No. 29 was imposed as a result of discussion at the Planning Commission hearing on the project and before the operation received a Commercial Harbor Activities Permit. The permit was not an action of the Planning Commission and the imposed condition requiring Site Plan Review was not discovered until a later review of permits. Planning Director Hewicker commented that if an error were made in the approval process, it was -7- COAUMSSIONERS MINUTES CITY OF NEWPORT BEACI%eptember 10, 1992 ROLL CALL WDEX made at the Planning Department level. He stated that the condition requiring an amendment to the Site Plan Review was imposed prior to the time that the Commission reviewed boat charter activities with representatives of the Marine Department and the licensing Division. As a result of the review, it was decided that the City would not require use permits for such activities as they were already covered under existing regulations. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Site Plan Review No. 41 (Amended) subject to the findings and condition set forth in Exhibit "A." Commissioner Debay stated she felt there was adequate review procedure provided • under the Municipal Code allowing the City sufficient review authority over the existing boat charter operation and any additional review by the Planning Commission is a duplicate effort and unnecessary. Commissioner Merrill stated his concern for compliance with condition No. 4, Exhibit "A," which states that the operation provide for adequate off -street parking and related vehicular circulation. All Ayes Motion was voted on. MOTION CARRIED. Finines: 1. That there are adequate review procedures within the Municipal Code which allow the City sufficient review authority over the existing boat charter operation, and that any additional review by the Planning Commission in conjunction with its approval of Site Plan Review No. 41 is unnecessary. • -8- COA'IIKISSIONERS • ��O��ClF 0���� MINUTES CITY OF NEWPORT BEACWeptember 10, 1992 ROLL CALL MDEX 2. That the existing boat charter. operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the past four years in accordance with said permit. 3. That the subject boat charter operation is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 4. That adequate off- street parking and related vehicular circulation are being provided in conjunction with the boat charter operation. 5. That the existing boat charter use is consistent with the objectives of the Mariner's Mile Specific • Plan and that such use, by its very nature should be encouraged as an incentive use within the "Recreational and Marine Commercial" area of the Specific Plan. Condition: 1. That Condition No. 29 of Site Plan Review No. 41, as approved by the Planning Commission on March 5, 1987, is hereby deleted. Use Permit No. 3293Use Permit No. 3293 (Amended) (Public Hearing) Item No. 3 Request to amend a previously approved use permit UP 3293(A) which permitted the addition of live entertainment to the Approved existing Cano's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The • proposal also includes: a request to change the type of -9- COMMISSIONERS • ����cf� °`fo'r'Po�o MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL WDEX five entertainment so as to allow musical groups with multiple instruments, whereas the existing use permit, limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 • APPLICANT: Cano's Restaurant, Newport Beach OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item and Mr. Scot Shuttleworth, Vice President, Larry Cano's Restaurant Inc., appeared before the Planning Commission. In regards to requesting a change in the type of live entertainment permitted as mentioned in the staff report, Mr. Shuttleworth clarified for the Commission that for years a mariachi group had been appearing on Sundays and no other change was requested. He stated, however, he had been unaware that the existing use permit limits the type of live entertainment to one piano player with amplified voice only. Mr. Shuttleworth stated he concurred with the findings and conditions in Exhibit "A." Mr. Tim Wilkes, architect, addressed the Commission and stated the patio was designed in close cooperation • with both Cano's Restaurant and Ardell Investment -10- COMMSSIONERS MINUTES CITY OF NEWPORT BEAC4eptember 10, 1992 ROLL CALL INDEX Company, owner of the property, to develop a design that would not compete with either the appearance of any of the buildings or the existing landscaping on the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3293 subject to the findings and conditions in Exhibit "A." All Ayes MOTION CARRIED. Findings 1. The proposed addition of an outdoor dining area and the proposed change in the type of live entertainment within the restaurant is consistent • with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed live entertainment is in keeping with the existing restaurant operation and shall be confined to the interior of the restaurant. 3. The project will not have any significant environmental impact. 4. That the proposed addition of an outdoor dining area can be adequately served by on -site tandem parking. 5. That the waiver of the development standards as they pertain to walls, will not be detrimental to adjoining properties. • -11- COMMISSIONERS • �jP��cf��°��so MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX 6. Adequate offstreet parking and related vehicular circulation ate being provided in conjunction with the proposed development. 7. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the approval of Use Permit No. 3293 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of • persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as otherwise provided in the following conditions. 2. That all previous applicable conditions of approval of Use Permit No. 3293 shall be null and void. 3. That the live entertainment shall be limited to • combos or a mariachi band; and that the sound -12- COMMISSIONERS • 'Iwofo�'P000 MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX from the live entertainment shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the restaurant shall be closed except when entering and leaving by the main entrance of the restaurant. 4. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. 5. That all improvements be constructed as required by Ordinance and. the Public Works Department. 6. That prior to issuance of any Grading or Building Permits, the easterly side of the easterly driveway apron and both sides of the westerly drive apron • along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166 -L in order to provide adequate ingress and egress to and from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. That prior to issuance of any Grading or Building Permits, the existing entrance and exit signs located adjacent to West Coast Highway be relocated or lowered in conformance with the City's Sight Distance Standard 110 -L and that the landscape adjacent to the existing driveways be maintained to provide sight distance in conformance with the City's sight distance standard. 8. That the hours of operation of the restaurant shall be 10:30 a.m. to 12:00 midnight daily. • 9. That the off - street parking requirement for the restaurant shall remain at the existing formula of -13- CITY OF NEWPORT. BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:80 P.M. September 10, 1992 DATE: ROLL CALL INDEX one parking space for each 40 square feet of "net public area" (140 parking spaces). 10. That all restaurant employees shall park their vehicles on -site. 11. That the required number of handicapped parking spaces shall be designated within the on- site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 12. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject . restaurant. 13. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 14. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor. 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. -14- all FILNhho CITY OF NEWPORT. BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. September 10, 1992 DATE: ROLL CALL INDEX 17. That a valet parking service shall be provided at all times during the restaurant operation. 18. That the on -site vehicular and pedestrian circulation systems be subject to further review of the City Traffic Engineer. 19. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 20. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of Building Permits. 21. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation . of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 22. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3424 (Amended) (Public Hearing) Request to amend a previously approved use permit which permits the construction of a drive -in and take -out restaurant facility in conjunction with a new retail commercial building on property located in 'Retail and Service Area No. 1" of the Koll Center Newport Planned Community. The approval also included: a request to allow a portion of the required off - street parking spaces . to be provided within the proposed drive - through lane of the facility; a modification to the sign standards for the Koll Center Newport Planned Community; a traffic -15- COMMISSIONERS • ��o�ct r� °Pp��'o MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL IIVDEX study, and the acceptance of an environmental document. The current proposal Involves a request to change the operational characteristics of the approved restaurant so as to permit on -sale beer and wine. LOCATION: Parcel 4 of Parcel Map 76-45 (Resubdivision No. 506), located at 4880 Campus Drive, on the southwesterly corner of Von Karman Avenue and Campus Drive, in the 'Retail and Service Area No. 1" area of the Koll Center Newport Planned Community. ZONE: P -C . APPLICANT: Carl Karcher Ent. Inc., Anaheim' OWNER: Same as applicant The public hearing was opened in connection with this item and Mr. Lorenzo Reyes, representing Carl Karcher Ent., Inc., appeared before the Planning Commission and stated he concurred with the findings and conditions in Exhibit "A." In response to queries from the Commissioners, Mr. Reyes stated that presently two other CarPs Jr Restaurants were licensed to sell beer and wine: one in the vicinity of the corporate headquarters in Anaheim and one in the downtown financial district, one of the two being a drive - through type operation. Mr. Reyes explained that an alcoholic beverage would not be sold from a drive through window, but only from within the restaurant. He stated that it was management's responsibility to monitor that alcoholic drinks were consumed within the building. He stated there was no outside seating provided at the site. -16- COMMSSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Mr. Tim Prokopp, representing Cushman Wakefield, managers of an office building adjacent to the Carl's Jr Restaurant site, addressed the Planning Commission. Mr. Prokopp stated concerns regarding parking and that previous approval of the use permit had included waiver of 7 required parking spaces. Mr. Prokopp voiced his concern that approval of the requested amendment would result in increased demand for parking. He suggested a mitigation measure that would station a Carl's Jr employee in the parking lot during the peak hours between 11:00 a.m. and 2:00 p.m. to supervise the parking. Commissioner. Merrill stated that the parking area in question was the only unrestricted parking area among surrounding controlled lots. Mr. Hewicker explained that there were common cross easements for ingress \egress serving three adjacent parcels. • There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit 3424 subject to the findings and conditions in Exhibit "A." Commissioner Edwards stated he would not be supporting the motion as he did not feel the testimony supported the findings in Exhibit "A." Ayes ** ** ** Noes * Motion voted on. MOTION CARRIED. Findings: 1. That the proposed change in the operational characteristics to add the incidental sale of beer and wine is consistent with the General Plan and is compatible with surrounding land uses. 2. The approval of Use Permit No. 3424 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, -17- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH September 10, 1992 ROLL CALL INDEX comfort and general welfare of persons residing or worldng in the neighborhood or he detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved site plan, elevations and sign plans. 2. That all applicable conditions of approval of Use Permit No. 3424 (Amended) shall remain in effect. 3. That the sale of alcoholic beverages shall be incidental to the sale of food, and shall be for on- • site consumption only; off -sale purchases are prohibited. 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 or modify conditions of approval to this use permit, or recommend to the City Council 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. • -18- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Use Permit No. 3459 (Public Hearing) Item No. Request to permit the establishment of an automobile UP 3459 Approved repair facility on property located in the M -1 -A District. LOCATION: Lot 46, Tract No. 3201, located at 4023 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: Song Kibok, Newport Beach OWNER: George Souleles, Laguna Niguel The public hearing was opened in connection with this item and George Souleles, owner, appeared before the Planning Commission Mr. Souleles concurred with the findings and conditions in Exhibit "A," except, referring to Condition No. 4, requiring that the parking lot be restriped, Mr. Souleles explained to the Commission that he had received a bid to reasphalt the parking lot. He said due to a shortage of funds, be had not proceeded, however he wished to request an extension of 90 days to fulfill the condition. He felt the extension would be sufficient time to allow him to first reasphalt and then restripe the lot. Responding to a question posed by Commissioner Di Sano, City Engineer Don Webb stated that he had conferred with Mr. Souleles regarding the reasphalting and restriping and would suggest a completion date of January 1, 1993 for the restriping. There being no others desiring to appear and be heard, the public hearing was closed at this time. • -19- 010 4' Wo'; CITY OF NEWPORT. BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:80 P.M. September 10, 1992 DATE: ROLL CALL INDEX Motion was made to approve Use Permit No. 3459 subject to the findings and conditions in Exhibit "A," and noting that the City Engineer had agreed to January 1, 1993, as the completion date for Condition No. 4. Commissioner Glover stated her support of the motion and her support to keep small businesses in the City. 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. That the design of the proposed improvements . will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate parking exists on -site to serve the automobile repair facility and the other tenants. 5. That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3459 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. -20- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Conditions: 1. That the development shall be in substantial conformance with the approved plot plan and floor plans, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, and vehicular and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. That the parking lot shall be restriped by January 1, 1993, in accordance with a plan approved by the City Traffic Engineer. • 5. That a minimum of 6 off - street parking spaces shall be provided for the proposed development, including 3 parking spaces inside the building. 6. That all repair and service activities, including the storage of auto parts, shall be located inside the building. 7. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as from Birch Street. 8. That no vehicle waiting for service shall be parked outside of the building for a period longer than twenty-four hours unless it is in the process of being serviced. No vehicle shall be considered to be in process of being serviced for a period longer than one week. 9. That the approval of this application shall permit complete engine rebuilding (including electrical and transmission repair), as well as tune -ups, -21- COMMISSIONERS 0 - MINUTES CITY OF NEWPORT BEACHbeptember 10, 1992 ROLL CALL INDEX lubrication, smog testing and brake service and installation. No painting, detailing, body work or other operations of a similar nature shall be permitted on -site unless an amendment to this use permit is approved by the Planning Commission. 10. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department and the Fire Department so as to comply with Section 503 of the Uniform Building Code. 11. That no car washing shall be permitted on the site unless an amendment to this use permit is approved by the Planning Commission. • 12. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 13. That all employees shall park on -site at all times. 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. -22- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSePtember 10, 1992 ROLL CALL INDEX The Planning Commission recessed at 8:30 p.m. and reconvened at 8:40 p.m. sss A. General Plan Amendment 92- 2(C) (Public Hearing) Item No. 6 Request to amend the General Plan land Use Element GPA92 -2 C LCP No. 28 as follows: 1. Castaways Site: Add an additional permitted land use of senior citizen housing facilities up to Sustained a maximum of 120 dwelling units on the site. PC Action of 8 -6 -92 2. Bayview Landing: Delete the allowed land uses of restaurant or athletic club and provide for a • local activity park on lower Bayview Landing. 3. Fashion Island: Add 30,000 sq.ft to the allowable development in Fashion Island. AND B. Local Coastal Program Amendment No. 28 fthlic Hearing) Request to amend the Local Coastal Program, Land Use Plan, as follows: 1. Castaways Site: Add an additional permitted land use of senior citizen housing facilities up to a maximum of 120 dwelling units on the site. 2. Bayview Landing: Delete the allowed land uses of restaurant or athletic club and provide for a local activity park on lower Bayview Landing. INITIATED BY: The City of Newport Beach • -23- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX LOCATION: Castaways Site: Property located at 900 Dover Drive, on the south- easterly side of Dover Drive between Westcliff Drive and West Coast Highway. Bayview Landing Site: Property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Fashion Island: Property located within the area formed by the ring of Newport Center Drive in Newport Center. ZONES: P -C (Planned Community) and U (Unclassified) APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant Patricia Temple, Advance Planning Manager addressed the Planning Commission. Ms. Temple summarized the previous actions taken by the Commission and the City Council relating to the Bayview Landing and Castaways sites as a portion of the Circulation and Open Space Agreement (CIOSA). At its August 24, 1992 public hearing, the City Council recommended that affordable senior citizen housing be located on the Upper Castaways site and the active park be located on the lower portion of Bayview Landing in association with the transfer of 30,000 sq.fL of regional retail use to Fashion Island. Because this concept had not previously been considered by the Planning Commission, the amendment was referred back to the Commission for further public • hearing and recommendation. She emphasized that the -2 COMMISSIONERS �41 10 oe MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Council's recommendation indicated a direction, but was in no way a final action, and summarily, any action taken tonight, as a result of public testimony and Commission deliberation, would be recommended to the City Council for consideration. Ms. Temple stated that the City Clerk's office had, to date, received a total of 261 signatures to a petition circulated by citizens opposing the General Plan Amendment. For the Commission's consideration, she described a conversation she had with the Director of Parks, Beaches and Recreation Department. In offering his opinion as to the location of an activity park on Bayview Landing, the Director stated that as a result of the CIOSA agreement, the City will receive the upper portion of Bayview Landing as a passive park. There will be no vehicular access other than for bicycles or • pedestrians. Placing an active park on the lower Bayview Landing site would allow some interaction between the two sites such as providing for vehicle parking and possible trail access. Ms. Temple stated that if it was the Commission's decision not to adopt the proposed amendment, the Commission's previous recommendation for the Bayview Landing site would remain valid. Additionally, further public testimony and discussion could result in a new recommendation to the Council, subject to the approval of the applicant, and also possibly subject to additional EIR study. In answer to a question posed by Commissioner Debay, Ms. Temple stated that although affordable senior housing was not part of a 300 unit higher density Irvine Company project proposed for San Diego Creek South, the project would be required to meet the affordable housing provisions of the City's Housing Element and will provide a portion of the affordable housing requirement on that site. -25- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX In response to questions posed by Commissioner Di Sano, Ms. Temple stated that the three land uses previously recommended by the Commission for the Bayview site were restaurant, athletic club, and affordable housing. An alternative for park sites on both the Bayview and Castaways sites analyzed in the EIR prepared for CIOSA had been found unacceptable by the applicant. Responding to an inquiry by Commissioner Glover, Ms. Temple stated that the idea of affordable senior housing located on the Castaways site had not been a discussion item during the Outreach Program meetings sponsored by the City Council. The concept of affordable senior housing on the Bayview site had been addressed, however, in the EIR. The recommendation to locate affordable senior housing on the Castaways site was a • result of discussion at the City Council public hearing of August 24, 1992. The public hearing was opened in connection with this item and Mr. Pete Compton, 56 Balboa Coves, appeared before the Commission as Chairman of the Parks, Beaches and Recreation Commission. Mr. Compton stated that after a two year study, it was the recommendation of the PB &R Commission that an active park including baseball diamond, socker field, and tot lot be located on the Castaways site. Mr. Compton gave a brief summary of the various factors that led to the location decision and after touring and assessing the various sites available. He said important determining factors included accessibility - -the Castaways site is accessible by both pedestrians and bicyclers, and the need for an additional park on the west side of the bay to accommodate the growing demand for field sports. In considering a park site at Bayview, the heavy traffic associated with the intersection of Coast Highway and Jamboree Road was an accessibility and safety concern. Mr. Compton stated the PB &R Commission's concerns -26- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX regarding Bayview s close proximity to the Dunes Resort and the large number of summer camping residents who might possibly monopolize the park facilities and contribute to increased park maintenance costs. Thomas Redwitz, Vice President, The Irvine Company, appeared before the Planning Commission and indicated that either the original recommendation of the Commission, or the one presently being considered would be acceptable to the applicant. Mr. Redwitz stated a previous suggestion of two active parks, one on each site, as not being - acceptable. In responding to Commissioner Debay's inquiry if including affordable senior housing in the San Diego Creek South project had been considered, Mr. Redwitz stated that meeting the City's requirement of approximately 20 percent affordable with seniors only had not been part of the • component, and he did not feel that the concept would be compatible with the family oriented project proposed. Virginia Herberts, member of the Parks, Beaches and Recreation Commission appeared before the Planning Commission and voiced her support of the original recommendation of the Planning Commission for location of the park on the Castaways site. She said that many residents were not present at tonight's hearing as they were unaware of the resurfacing of the park issue before the Commission. She also stated that many other residents were not able to appear this day being the first day of school. Mrs. Herberts stated that increased school enrollments underscore the need for a west side park. She emphasized that the City Council vote recommending the proposal was split: 4 in favor and 3 against. Commissioner Di Sano commented that a letter'received by the Planning Commission, written by the Chairperson of the PB &R Commission, outlining the • reasons that Commission had recommended the -27- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Castaways for an active park site had been very informative. Mr. Allen Beek, 2007 Highland, addressed the Planning Commission. Mr. Beek stated his opinion that the City Council's action recommending affordable senior housing on the Castaways site rather than Bayview, was influenced by the former site's accessibility to nearby shopping, medical offices, and other senior housing units. He said location of a park on the Bayview site was more compatible with the Dunes recreational facilities while not convenient for senior shopping needs. Commissioner Gifford stated her understanding that the original proposal offered three alternative uses for the Bayview site. She stated Mr. Beek's comments indicated his belief that the component of senior housing was • already determined and that this decision is a matter of selecting the appropriate location. Jan Vandersloot, 2221 16th Street, addressed the Planning Commission and voiced his support for an active park on the Castaways site, and that adding the senior housing project would add significantly to traffic and noise. He suggested transferring senior housing to Fashion Island which would provide easy access to shopping. Reverend Bill Kirlin- Hackett, Newport Harbor Lutheran Church, appeared before the Planning Commission. Reverend Hackett said the church's original concerns regarding the location of vehicle parking for an active park had been alleviated when the parking area was relocated. Furthermore, he stated the church took no position in regards to the two proposed uses; there were advantages and disadvantages associated with each proposed project. • -28- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX Mr. Jeff Odell, 1245 Blue Gum Lane, appeared before the Planning Commission and identified himself as author of the previously mentioned opposing petition. Mr. Odell stated his own and his neighbors' concerns regarding the increased density which will result from the proposed total of 271 housing units on the Castaways site. Mr. Odell voiced his belief that the public notice was inadequate in notifying the public that the senior citizen housing was in addition to the 151 housing units development already proposed and the transfer of the park use to the Bayview site. Mr. Odell stated be felt the proposal constituted a major change of land use which should require an addendum to the EIR prepared for the project. He stated his opinion that a park site on the Castaways was part of an open space mitigation measure referred to in the project EIR and should be retained. Responding to a question by Commissioner Di Sano, Advance Planning Manager Ms. Temple stated that technically, the public notice was correct in stating 'Add _ an additdonal permitted land use of senior citizen housing facilities..." Ms. Temple continued that adding 7n addition to 151... "would have given further clarification and perhaps prevented misinterpretation by the public. Referring to Mr. Odell's statement regarding a swap of park land for residential, Ms. Temple explained that the proposed General Plan Amendment was not changing land use, since the active park is not currently shown in the Land Use or Recreation and Open Space General Plan Elements. The change is from one form of residential to another. There being no others desiring to be heard, the public hearing was closed at this time. Responding to questions posed by Commissioner Debay, Ms. Temple stated that the 120 housing units on 5 acres • proposed for low and very low income seniors would be _29_ COMMUSSIONERS MINUTES • �r�AC` r °�'�0 CITY OF NEWPORT BEACI3September 10, 1992 ROLL CALL INDEX rental units and an attached housing type development. She commented that twenty units an acre is not atypical. In comparison, the Lutheran Church of the Master senior housing development consists of 100 units on 1/3 of an acre. Motion * Motion was made to deny General Plan Amendment No. 92 -2(C) and Local Coastal Program Amendment No. 28; findings for denial are not'required for General Plan and Local Coastal Program Amendments. Commissioner Merrill stated his approval of the original Planning Commission recommendation for placement of senior housing on the Bayview site, and added that there. might be other possble sites that should receive thorough consideration. Commissioner Di Sano expressed his support of the • motion. Commissioner Di Sano referred to the park study conducted by the PB &R Commission and their strong recommendation, after considering parks on either site and on both sites, for an active park on the Castaways site. He commented that senior housing had not been an issue during the Outreach Program meetings and that the there had been considerable effort during the CIOSA negotiations to attain a balance of land use. Commissioner Di Sano stated his belief that the placement of additional residential units on the Castaways would not provide a balance. Commissioner Glover stated her support for the motion and voiced her opinion that the responsibility of the Planning Commission is to consider land use and good planning in the City as it relates to its citizens and businesses. Commissioner Glover added that the concept of affordable senior housing on the Castaways site had not been discussed during the Outreach Program meetings. She expressed her commitment to neighborhood parks and to the protection of family life; the inappropriateness of locating a park in close -30- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX proximity to the Dunes Resort, and the placing of additional residential units on the Castaways. Commissioner Pomeroy stated his support of the motion and expressed his appreciation to the PB &R Commission for their thorough investigation of the proposed park sites. Advance Planning Manager Temple stated that more appropriate wording for the motion rather than that of denial would be to sustain the original recommendation and findings in regards to the General Plan Amendment and Local Coastal Program Amendment and to decline to support the resolutions contained in the Planning Department staff report. Commissioner Merrill agreed to the recommended • change to the original motion. Commissioner Debay commented that the City Council vote had been split 4:3, not a unanimous decision. She added that she firmly supported senior citizen housing, but felt it should be thoroughly studied before malting a determination as to project location. All Ayes Motion was voted to sustain the original recommendation and findings in regards to General Plan Amendment 92 -2(C) and Local Coastal Program Amendment No. 28. MOTION CARRIED. -31- COMMISSIONERS MINUTES CITY OF NEWPORT BEACOeptember 10, 1992 ROLL CALL INDEX A General Plan Amendment No 89 -2(W (Public Item No. 7 Hearing) GPA 89-2(H Request to amend the Land Use Element of the LCP No. 19 General Plan so as to: reclassify the existing Balboa Island Fire Station site at 323 Marine Avenue from A750 "Governmental, Educational and Institutional Facilities" (GEM to "Retail and Service Commercial" (RSC); and UP 3436 the new Fire Station site located at 124 Marine Avenue V1182. from RSC to GEIF; and the acceptance of an environmental document. R976 D TTIATED BY: The City of Newport Beach Cont. to 10 -8 -92 AND B Local Coastal Plan Amendment No 19 (Public Hearing) Request to amend the Local Coastal Program Land Use Plan so as to reclassify the existing Balboa Island Fire Station site at 323 Marine Avenue from "Governmental, Educational and Institutional Facilities" (GEIF) to "Retail and Service Commercial" (RSQ; and the new Fire Station site located at 124 Marine Avenue from RSC to GEIF. LOCATION: Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 1224 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 the Balboa Island Bridge -32- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL INDEX existing Fire Station site), on Balboa Island. INITIATED BY: The City of Newport Beach AND C. Amendment No. 750 LPublic Hearing) Request to amend a portion of Districting Map No. 14 so as to reclassify the new Fire Station site 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 GEIF (Government, Educational, Institutional Facilities). The proposed project will also include the construction of public rest room facilities within the same building. The proposal also includes: a request to exceed the 26 foot basic height limit in the 26/35 Foot Height limitation District; and a request to establish minimum setbacks for the project. AND E. Variance No. 1182 (Public Hearing) Request to permit the construction of a new fire station facility on property located within a Flood Hazard Area which includes a first floor elevation that is 1.02 feet below the base flood elevation level of 6.27 feet. • AND -33- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 H. ROLL CALL INDEX F. Resubdivision No. 976 (Public Hearin¢) Request to resubdivide two existing lots into a single parcel of land so as to establish a legal 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 • OWNER: Same as owner ENGINEER: Robin B. Hamers & Associates, Costa Mesa Motion * Motion was made and voted on to continue these items Al l Ayes to the Planning Commission meeting of October 8. 1992. MOTION CARRIED. DISCUSSION ITEMS Discussion Items Amendment No. 771 No. 1 Request to initiate an amendment to Title 20 of the Newport Beach Municipal Code so as to amend portions A771 of Districting Maps No. 2-6,9-11, 13-19,21, 22,22-A, 23- Set for P. 27, 30, 32, 37, 38, 41, 42, 44, 48 -50, 60, 61, and 65 -67 9 -24_92 thereby changing the zoning districts of specific parcels throughout the city, create consistency between the Districting Maps, Chapter 2033 of the Zoning Code and -34- H. COMMISSIONERS IyID61. CITY OF NEWPORT BEACMeptember 10, 1992 ROLL CALL INDEX the General Plan Land Use Element amendments approved on October 24, 1988. Advance Planning Manager Temple suggested that it would be efficient to discuss Amendment No. 771, Amendment No. 772, and Amendment No. 774 combined as one item. Motion * Motion was made and voted on to combine Amendment All Ayes No. 771, Amendment No. 772, and Amendment No. 774 and set this item for public hearing on September 24, 1992. MOTION CARRIED. Amendment No. 772 No. .2. . Request to initiate an amendment to Title 20 of the A7 -72 Newport Beach Municipal Code so as to amend Set for P.H Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 to add 9- 24 -92. references to the Retail Service Commercial (RSC), Administrative, Professional, & Financial Commercial (APF), and Recreational & Marine Commercial (RMC) zoning districts. Motion was made and voted on to combine Amendment Motion All Ayes * No. 771, Amendment No. 772, and Amendment No. 774 and set this item for public hearing on September 24, 1992. MOTION CARRIED. sss Amendment No. 774 No. 3 Request to initiate an amendment to Title 20 of the A774 Newport Beach Municipal Code so as to amendeChapter Set for P . H 20.33 (Commercial District Regulations) to permit free- 9 -24 -92 standing ancillary commercial uses in the Administrative, Professional, and Financial Commercial (APF) District; -35- COMMISSIONERS MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL DWEX to amend Chapters 20.68 and 20.79 to provide consistent use of the terms "accessory" and "ancillary;" and to amend Chapter 20.87 to add a definition for the term "use - ancillary." Motion * Motion was made and voted on to combine Amendment All Ayes No. 771, Amendment No. 772, and Amendment No. 774 and set this item for public hearing on September 24, 1992. MOTION CARRIED. Amendment No., 775 No. 4 Request to amend a portion of Districting Map No. 3 so A775 as to establish a 3 foot front yard setback on 3 lots from Cont. tc the existing 10 foot wide Clubhouse Avenue easement 9 -24 -92 • adjacent to the bulkhead on the Rivo Alto Channel where the Districting Map currently designates a 3 foot front yard setback from the original front property lines, prior to the abandonment of a portion of the street right -of -way. Motion * Motion was made and voted on to continue this item to All Ayes the Planning Commission meeting of September 24, 1992. MOTION CARRIED. Amendment No.= No. 5 Request to consider an amendment to Title 20 of the A776 Newport Beach Municipal Code so as to revise Chapter Set for 20.74 Adult Entertainment Businesses. 9 -24 -92 Assistant City Attorney Flory explained to the Commission that as a result of City Council Ordinance • No. 92-8, there is an existing temporary prohibition on -36- P. H. COMMISSIONERS MINUTES CITY OF NEWPORT BEACMptember 10, 1992 t. ROLL CALL INDEX the establishment of new businesses which offer traditional services with adult orientation. The proposed Amendment No. 776 to Chapter 20.74 Adult Entertainment Businesses contains recommended revisions so as to regulate the location or operation of such businesses. If amended, the ordinance would also prohibit the establishment of any adult entertainment business which is not specifically described or allowed within Chapter 20.74. Motion All Ayes * Motion was. made and voted on to set this item for public hearing on September 24, 1992. MOTION CARRIED. ADDITIONAL BUSINESS: Additional • Business Motion was made.and voted on to excuse Commissioner Glover and Commissioner Di Sano from the September 24, 1992 Planning Commission meeting. MOTION CARRIED. ADJOURNMENT: 9:50 p.m. Adjournmen HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -37- t.