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HomeMy WebLinkAbout10/22/199241 VRO.-N*W\06\7�- CITY OF NEWPORT BEACH REGULAR PLANNIIITG COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: inner MINUTES VGLVVGl LL, 17J4 ROLL CALL INDEX Present * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:35 p.m. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager John Douglas, Principal Planner Don Webb, City Engineer . Dee Edwards, Secretary Minutes of October 8. 1992 MinuteE of Commissioner Gifford requested that paragraph 2, page 17, be 10/8/92 amended to state that in view of the amount of cement and asphalt on the Peninsula, and the shortage of landscaping and foliage, that the residents would benefit from implementing the required amount of landscaping, particularly in view of the testimony of each laundromat operator that the in /out pattern of customers results in continuous availability of parking spaces. Chairman Edwards requested that paragraph 2, page 48, be corrected from October 26, 1992, to October 22, 1992 Motion Motion was made and voted on to approve the corrected October Ayes * 8, 1992, Planning Commission Minutes. MOTION CARRIED. Abstain Absent COMMISSIONERS 4 1 V100 \Q\wo CITY OF NEWPORT BEACH MINUTES ,-Now vctooer LL, iyyc ROLL CALL INDEX 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, October 16, 1992, in front of City Hall. Resubdivision No. 984 (Public Hearing) Item No.I . Request to resubdivide two existing lots into two parcels of land R984 for two unit condominium development on each parcel, on property located in the R -2 District. Approved LOCATION: Lots 20 and 21, Block 234, Lake Tract, located at 307 and 309 34th Street, on the northwesterly side of 34th Street, between Marcus Avenue and Lake Avenue, in West Newport. ZONE: R -2 APPLICANT: John Miller, Newport Beach OWNER: Same as applicant ENGINEER: Duca - McCoy, Inc., Corona del Mar 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. -2- W0 CITY OF NEWPORT BEACH MINUTES vciooer u,, ryyc MOLL CALL IIVDEX Motion Motion was made and voted on to approve Resubdivision No. 984 All Ayes subject to the findings and conditions in Exhibit W. The maker of the motion indicated that on the basis that no one appeared on behalf of the applicant, that the applicant accepted the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7- -3- COMMISSIONERS eo \6 A0\0k CITY OF NEWPORT BEACH MINUTES N October Z2, 1992 ROLL CALL INDEX 9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments - (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be make with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 4. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public . water and sewer systems unless otherwise approved by the Public Works Department. 5. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 6. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -4- CITY OF NEWPORT BEACH MINUTES Vctober LL, lYYL ROLL CALL INDEX Modification No. 4051 (Public Hearing) item No. Request to permit the construction of two cantilevered cabinets, 'Mod 4051 5 feet wide and 7 feet high, which encroach 18 inches into the Approved required 4 foot side yard setback, on property located in the R -1 District. LOCATION: Lot 106, Tract No. 4003, located at 106 Linda Isle, on the easterly side of Linda Isle, just northerly of Linda Isle Drive, on Linda Isle. ZONE: R -1 APPLICANTS: David and Leann Benvenuti, Corona del Mar OWNERS: Same as applicants . James Hewicker, Planning Director, reviewed the contents of the staff report. Commissioner Glover, Mr. Hewicker, and William Laycock, Current Planning Manager, discussed . if the Architectural Committee of the Linda Isle Community Association was in support of the subject application. Commissioner Merrill addressed the minutes of the Linda Isle Community Association dated September 8, 1992, stating that The Board indicated that approval by the City of Newport Beach would include a review of the design standards, code enforcement, and Standards of the Uniform Building Code for the proposed type of construction, and approval by the Association would be contingent upon the submission of appropriate plarm whereby Mr. Hewicker indicated that the Board of Directors of the Linda Isle Community Association has expressed a desire that the zoning regulations on Linda Isle correspond with their CC&R's. In response to a question posed by Commissioner Debay, Mr. Laycock replied that the property owners are also the applicants. -5- \100\000\071\ CITY OF NEWPORT BEACH MINUTES NEW uctoDeI LL, iyyz ROLL CALL INDEX The public hearing was opened in connection with this item, and Mrs. Leann Benvenuti, applicant, appeared before the Planning Commission. Mrs. Benvenuti explained that the two cantilevered cabinets are not 5 feet wide and 7 feet high as stated in the staff report. She, said the cabinets are 3 -1/2 feet wide and 4 -1/2 feet high; that the cabinets project about one -half of the depth of the fireplace into the side yard setback; they would not obstruct the passageway along the side of the house; they would not be a fire hazard; they would not obstruct any views; the neighbors support the request; and the cabinets would not affect the flow of light and air to adjoining residences. She said that nine residences on Linda Isle have similar encroachments as bay windows. Discussion ensued between Mrs. Benvenuti, the Planning Commission, and the staff regarding the aforementioned dimensions of the cantilevered cabinets. If was determined that the plans indicate that the cabinets are 5 feet wide and 7 feet high, as measured on the ouside of the building. Commissioner Pomeroy asked staff if the Municipal Code permits bay window encroachments similar to the proposed cabinet encroachments. Mr. Laycock indicated that bay windows would be permitted by right. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Modification No. 4051 Motion Ayes * * * subject to the findings and condition in Exhibit "A". MOTION No CARRIED. Findings: 1. That the approved construction will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the approved development will not affect the flow of . light and air to adjoining residential properties. -6- COMMISSIONERS 4141 M�\\F\\Ok CITY OF NEWPORT BEACH MINUTES Now Vctober LL, iwz [LOLL CALL INDEX 3. That the approved encroachments will not affect views from the adjoining residential property. 4. That the surrounding property owners have no objections to the proposed construction. Condition: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and section. Variance No. 1184 (Public Hearing) Item No.. Request to permit alterations and additions to an existing single V1184 . family dwelling located in the R -3 District which is nonconforming with regards to allowable height inasmuch as the existing structure Approved extends above the top of curb elevation along Ocean Boulevard. The proposal includes: a request to add 187± sq.ft. of additional living area which will also exceed the allowable height established by the top of curb on Ocean Boulevard; and a request to change the type of roof covering from composition rock to barrel tile which will increase the height of the roof by approximately 4± inches. The proposal also includes alterations as well as a 140± sq.ft. addition to an existing deck which also exceeds the allowable height established by the top of curb on Ocean Boulevard. Said deck alterations include resurfacing; new guardrails; the reconstruction and extension of an existing partition wall which is currently constructed of wood and tinted glass and which is along the southerly edge of the existing deck and encroaches 3 feet 2± inches into the required 4 foot side yard setback. The new partition wall will be constructed of solid material and will be approximately 8 feet 6± inches above top of curb on Ocean Boulevard. The proposal also includes a new roof extension over a portion of the existing deck; and the installation of an exterior circular stairway, both of which exceed the top of curb elevation of Ocean Boulevard. -7- COMMISSIONERS$ • CITY OF NEWPORT BEACH ian.uyiDy October 22, 1992 ROLL CALL INDEX LOCATION: Parcel 1 of Parcel Map 36 -3 (Resubdivision No. 274) located at 2501 Ocean Boulevard, on the southwesterly side of Ocean Boulevard, between Carnation Avenue and Dahlia Avenue, in Corona del Mar. ZONE: R -3 APPLICANT: Joseph Vallejo, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. John Morgan, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Morgan requested that paragraph 3, page 4, be corrected to state that the existing roof over an existing . deck is a permanent roof and not an . aluminum roof, as indicated in the staff report. He addressed Condition No. 3, Exhibit "A ", That a minimum 5 foot wide sidewalk be constructed along the Ocean Boulevard frontage wherein he requested a 4 foot wide sidewalk measured from the face of curb. He explained that there is a 20 foot distance from the face of curb to the existing residence, and a 5 foot wide sidewalk would only allow 15 feet of landscaping. Don Webb, City Engineer, explained that the 15 feet is in the public right -of -way, and he pointed out that the City does not allow fences within the public right -of -way. Mr. Morgan and Mr. Webb discussed the applicant's requested 4 foot wide sidewalk wherein it was resolved that a 4 foot sidewalk and a 6 inch curb face would be satisfactory to both parties. Mr. Joseph Vallejo, applicant, appeared before the Planning Commission, and he expressed his concern that the landscaping would be restricted and the applicants would lose their privacy. He reluctantly agreed with a 4 foot wide sidewalk and a 6 inch curb face. There being no others desiring to appear and be heard, the public . hearing was closed at this time. -8- COIMSSIONERS ke, "1\1 4\\\P �, \1 CITY OF NEWPORT BEACH MINUTES October 22,199Z ROLL CALL INDEX Motion Motion was made and voted on to approve Variance No. 1184 and All Ayes related modification subject to the findings and conditions in Exhibit "A", that Condition No. 3 be modified . to state That a minimum 4 foot wide sidewA measured from the inside face of the curb be constructed. MOTION CARRIED. Findings: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as the subject property is substantially developed with an existing single family dwelling which exceeds the top of curb elevation on Ocean Boulevard. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the entire upper level of the existing structure currently exceeds the top of curb elevation on Ocean Boulevard, and therefore, there is no reasonable alternative available to the applicant without exceeding the top of curb height limit. 3. That the, granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood inasmuch as a majority of the proposed construction and alterations are within the existing silhouette of the building and there will be no significant loss of existing public or private views. 4. That the modification to allow the proposed wall encroachment within the four foot side yard setback, will . not under the circumstances of the case, be detrimental to -9- COBDUSSIONERS CITY OF NEWPORT BEACH MINUTES October 22, 1992 ROLL CALL INDEX 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 welfare of the City, and further that said modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. 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. 6. That public improvements may be required of the developer per Section 20.82.050 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted below. 2. 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. 3. That a minimum 4 foot wide sidewalk, measured from the inside face of the curb be constructed along the Ocean Boulevard frontage and that the existing drive apron be reconstructed to City standards. Any decorative brick paving to remain in the sidewalk area must be approved by the Public Works Department, and is subject to the execution of an Encroachment Agreement by the property owner and approval of the City Council. All work must be completed under an Encroachment Permit issued by the Public Works Department. -10- CITY OF NEWPORT BEACH MINUTES VCtODer LL, 1YYL ROLL CALL INDEX 4. Disruption caused by construction work along roadways and by movement of construction vehicles shall he minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 5. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. 6. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of building permits. . Use Permit No. 3462 (Public Hearing) stem No. U13462 Request to permit alterations and additions to an existing Approved commercial building which is nonconforming relative to floor area ratio and off - street parking on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan. The proposed construction includes the addition of a residential dwelling unit on the second floor and the conversion of an existing retail space to residential parking on the ground floor. The proposal also includes a request to demolish more than 50 percent of the existing exterior walls while maintaining the nonconforming floor area ratio and parking for the existing restaurant. LOCATION: Lot 1, Block 22, Newport Beach, located at 2200 West Ocean Front, on the northerly comer of 22nd Street and West Ocean Front, adjacent to the West Ocean Front Municipal Parking Lot, in McFadden Square. ZONE: SP -6 APPLICANT: Lang Lampert Architects, Irvine -11- Co1MsSIONERS CITY OF NEWPORT BEACH MINUTES October ZZ, 19VZ ROLL CALL INDEX OWNER: Fran Ursini, Newport Beach James Hewicker, Planning Director, concurred with Commissioner Debay that the subject application is partly due to the seismic regulations. Commissioner Pomeroy and Mr. Hewicker discussed the staff report's comments regarding Interpretation of Alteration and that the Zoning Code makes no reference to treatment of the roof or foundation of the building when discussing exterior walls. Mr. Hewicker stated that it appears that the applicant would be required to make substantial alterations to the foundation to support the second floor, and the roof will be completely removed. Commissioner Pomeroy suggested that the Commission consider alterations as a Discussion Item on a future Planning Commission agenda. Mr. Hewicker commented that the subject property is the only commercial building in the block and the remaining parcels are used as residential properties. In response to a question posed by Commissioner Glover, Mr. Hewicker explained that portions of the exterior walls on the frontages would be replaced. Commissioner Glover expressed her concerns regarding the regulations. Commissioner Merrill stated that the reason for the nonconforming building is the FAR and parking. He expressed his support of the combination of commercial and residential uses. Commissioner Debay commended the redevelopment of McFadden Square and she expressed her support to continue to upgrade the area. In response to her comments regarding the number of required parking spaces, Mr. Hewicker explained that the Commission could waive the parking requirements. The public hearing was opened in connection with this item, and Mr. David Lang, applicant, appeared before the Planning . Commission, and be distributed photographs of the subject site. -12- COMMISSIONERS • R ���o CITY OF NEWPORT BEACH MINUTES 'Raw October 22, 1992 ROLL CALL INDEX Mr. Lang stated that if the rear wall would be retained and the remaining walls would be demolished, that the nonconforming requirements of the Municipal Code would be met. The existing structure was built for a second story addition, and it may be possible that the construction that is proposed may not require the existing foundation to be upgraded. Mr. Lang stated that the proposal would improve the property, and the brick and stone exterior would be consistent with the McFadden Square redevelopment. In reference to the parking requirements, he said that three retail uses would be eliminated; the restaurant would be reduced in size; parking spaces would be provided for the residents; and he concluded that the proposed development would reduce the net overall parking requirement by four parking spaces. In reference to the four required additional findings listed in the staff report, Mr. Lang said that the wording on the findings are ambiguous: i.e. it is physically impossible to not have a nonconforming condition inasmuch as it is impossible to provide the required number of parking spaces. In response to a question posed by Commissioner Debay, Mr. Lang explained that the existing take -out restaurant currently sells hamburgers and it is proposed that the restaurant would also provide indoor seating. Mr. Hewicker explained that a use permit would be required for the proposed take -out restaurant. In response to a question posed by Commissioner Gifford, Mr. Lang explained that it is possible that the proposed restaurant would have a take -out window, subject to a use permit. Mr. Lang concurred with a 5 foot comer cutoff at the comer of 22nd Street and West Ocean Front as indicated in Condition No. 11, Exhibit "A ". He concurred with the findings and conditions in Exhibit "X. There being no others desiring to appear and be heard, the public bearing was closed at this time. Motion Motion was made to approve Use Permit No. 3462 subject to the . findings and conditions in Exhibit "A ". -13- CITY OF NEWPORT BEACH MINUTES October 22, 1992 ROLL CALL INDEX Commissioner Debay supported the motion on the basis that it would help the business community. The proposal would be an upgrade of the property and would conform with the improvements in the area. In response to a question posed by Commissioner. Merrill, Mr. Hewicker replied that inasmuch as there is no subdivision involved with this request, that a park fee would not be required for the new residential unit on the property. Commissioner Gifford stated that based on the proposed improvement to the area that she would support the motion. The applicant should not be penalized for attempting to do the remodel under the existing regulations. Commissioner Pomeroy said that property owners should not be required to retain walls when it would be more economical to . demolish the walls, and it is a regulation that should be changed. All Ayes Motion was voted on, MOTION CARRIED. Findings: 1. That the proposed commercial space constitutes a significant portion of the development. 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 the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -14- ow4so CITY OF NEWPORT BEACH MINUTES Now vctooer LL, IYYZ ROLL CALL INDEX 5. That the cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. 6. That the cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed.. 7. That the retention of the nonconforming condition is necessary to maintain reasonable use of the structure. 8. That the retention of the nonconforming condition is necessary to preserve a substantial property right. 9. That the net overall parking requirement will be reduced in conjunction with the proposed development, and the 2 required parking spaces for the residential unit will be . provided on -site. 10. That the FAR of the commercial use will be reduced from 0.99 to 0.57. 11. That a 10 foot rear yard setback will be maintained adjacent to an alley where no setback exists, and so sight distance will be improved. 12. The approval of Use Permit No. 3462 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That only one dwelling unit shall be permitted on the site. -15- CITY OF NEWPORT BEACH MINUTES VCtoDer LL, IVY! ROLL CALL INDEX 3. That the two garage parking spaces (including a tandem parking space) shall be used for the parking of two vehicles at all times, and shall be for the exclusive use of the residential unit on the site. 4. That the existing take -out windows adjacent to the public sidewalks shall be removed or otherwise filled -in and shall not be reinstalled or utilized, unless a use permit is approved for use of said windows. 5. That the future tenant of the take -out restaurant space shall be subject to approval of a separate use permit prior to issuance of any building permits for tenant improvements. 6. That the Floor Area Ratio (FAR) of the subject property . . shall be limited to a maximum of 125 as proposed, unless an amendment to this use permit is approved by the Planning Commission. 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. That the dwelling unit and the commercial use be served with individual water service and sewer lateral connections to the public water and sewer systems unless otherwise approved by the Public Works Department. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. -16- r 0 -110 CITY OF NEWPORT BEACH MINUTES ,low Vctooer LL, iy!oz ROLL CALL INDEX 11. That a 5 foot comer cutoff at the corner of 22nd Street and West Ocean Front be dedicated to the public prior to issuance of any building permits unless otherwise approved by the Public Works Department and that the proposed structure be modified so that it does not encroach into the newly dedicated easement area. 12. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 13. That the proposed structure maintain a minimum 10 foot rear yard setback adjacent to the alley. 14. That any sidewalk improvements damaged during the construction of the proposed development be reconstructed to match existing. All damaged sidewalk shall be replaced in full panels as approved by the Public Works Department. All work within the public right -of -way shall be constructed under an Encroachment Permit issued by the Public Works Department. 15. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the West Ocean Front right - of -way. Pedestrian facilities shall be maintained at all times along the West Ocean Front frontage. 16. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. -17- COMMISSIONERS V �� 0 CITY OF NEWPORT BEACH MINUTES October "L'L, v!oz [LOLL CALL INDEX 17. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits for construction or demolition. 18. The lighting system shall be designed, directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. 19. That should over 75% of the existing perimeter walls be removed, the existing structure will be considered demolished, and this use permit shall become null and void. 20. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3463 (Public Hearing) Item No. Request to permit the establishment of a recreational use which UP3463 specializes in weight training and body development, on property located in the 'Retail and Service Commercial" area of the Approved Mariner's Mile Spec Plan known as the Mariner's Mile Commercial Center. The proposal also includes: a request to transfer a portion of the development rights from the parcel used for off - street parking to the parcel to be used for the proposed recreational use; a request to establish an off - street parking requirement based on a demonstrated formula; and a . modification to the Zoning Code so as to allow the installation of -18- Ml� P\\O& \ CITY OF NEWPORT BEACH MINUTES October "2,"L, 1992, ROLL CALL INDEX three tenant identification wall signs where the Zoning Code permits only one such sign. . LOCATION: Parcels No. 1 and 2, Parcel Map 73/22 and 23 (Resubdivision No. 487), located at 2700 West Coast Highway, on the northerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Commercial Center. ZONE: SP -5 APPLICANT: Frank Matranga, Pasadena OWNER: Mariner's Mile Co., Costa Mesa The public hearing was opened in connection with this item, and Mr. Ned McCune, property owner, appeared before the Planning Commission to address the availability of parking on the subject site. Mr. McCune referred to the staff report and the survey he submitted indicating the number of automobiles parked in the Mariner's Mile Commercial Center parking lot at 16 different times from August 28, 1992 through September 2, 1992. He explained that the biggest demand for parking in the parking lot is between 12:00 noon and 4:00 p.m. wherein he pointed out that patrons of the subject establishment would use the facility early in the morning or after 5:00 p.m. when the parking lot is two- thirds empty. Mr. McCune expressed his support of the establishment and the support the use would have with the adjoining businesses. Mr. Frank Matranga, applicant, appeared before the Planning Commission. Mr. Matranga explained that the World Gym of Pasadena is a franchise owned by Arnold Scbwarzenegger, and he received the World Gym of the Year award. The World Gym concentrates on members who are involved with serious weight training. In response to a question posed by Chairman Edwards, Mr. Matranga concurred with the findings and conditions in Exhibit "A ". -19- m$0 W tN d1Nb1;\N*4\0%\0\1 CITY OF NEWPORT BEACH MINUTES NOW October LL, 1`JYL ROLL CALL INDEX In response to a question posed by Commissioner Debay, Mr. Matranga replied that the 5:00 a.m. opening of the establishment would not have an impact on any residential area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3463 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. ndin s: 1. That the proposed application is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. That adequate parking is available for the proposed use. 3. That the proposed development will not have any significant environmental impact. 4. That the proposed signs are necessary due to the location of the proposed facility. 5. That the transfer of development intensity will accommodate the efficient use of land within an existing development comprised of two interdependent parcels. 6. That the transfer of development intensity will not adversely affect the aesthetics of the area. 7. That the proposed transfer of development intensity will not result in an increase of commercial floor area within the subject property and therefore, will not create an abrupt change in scale between the existing development and development in the surrounding area. -20- • CITY OF NEWPORT BEACH MINUTES October ZL, 199E ROLL CALL INDEX 8. That the proposed transfer of development intensity will not result in significant impairment of public views. 9. The proposed transfer of development intensity will not result in a net negative impact on the circulation system. 10. That the granting of this modification for additional signage will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City, and is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 11. That the approval of Use Permit No. 3463 will not, under . the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. That the approved recreational use in this case shall be limited to a commercial gym specializing in weight training and body development by means of free weights and stationary weight machines. Cardiovascular training shall be permitted using stationary machines. However, no aerobic training (dancing) shall be permitted within the facility, unless an amended use permit is approved by the Planning Commission. -21- COMMISSIONERS V N�"\ NOW \�\- CITY OF NEWPORT BEACH MINUTES llctoDer_ LL, i"L - - ROLL CALL INDEX 3. That a covenant or other suitable, legally binding agreement shall be recorded against the decreased site assuring that all of the requirements of Section 20.07.070 J of the Municipal Code, will be met by the current and future property owners. Said covenant or agreement may include provisions for its future termination at such time as the development on Parcel 1 is removed or at such time as the floor area devoted to the subject gym reverts back to a Base FAR use. 4. That the hours of operation for the facility shall be limited to the hours between 5:00 a.m. and 11:00 p.m. daily. 5. That no outdoor sound system shall be utilized on -site. Any music associated with the proposed use shall be confined to the interior portion of the building. 6. That all employees shall park either on -site or in the off- site parking area to the rear of the facility at all times. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 8. 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. 9. 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- CITY OF NEWPORT BEACH MINUTES '► vctoDer za, lyyZ ROLL CALL INDEX Amendment No. 775 (Public Hearing) Item No., Request to amend a portion of Districting Map No. 3 so as to a775 establish a 3 foot front yard setback on 3 lots from the existing 10 foot wide Clubhouse Avenue easement adjacent to the. bulkhead Cont ' d on the Rivo Alto Channel where the Districting Map currently to designates a 3 foot front yard setback from the original front 11/19/92 property lines, prior to the abandonment of a portion of the street right -of -way. LOCATION: Lot 1, Block 432, Canal Section and an abandoned portion of Clubhouse Avenue, located at 400, 400 1/2, and 402 Clubhouse Avenue, on the northeasterly side of Clubhouse Avenue, between the Rivo Alto Channel and Finley Avenue, in West . Newport. ZONE: R -2 APPLICANT: The City of Newport Beach James Hewicker, Planning Director, reviewed the staff report. He explained that there was an inequity in the manner the setback lines were established on the subject properties, and if the setbacks would remain in place, that it would require an applicant on one of the lots to come in and unjustifiably apply for a variance. Don Webb, City Engineer, explained that recently staff looked at the 10 foot wide public easement adjacent to the bulkhead line which is fenced off and is being used for parking. The Field Engineer requested that the encroachments be removed by November 1, 1992; however, to date, nothing has been done and he suggested that the Commission consider continuing the request until the encroachments are removed and the easement becomes a public area again. Commissioner Gifford questioned if the lots located at 400 -1/2 . and 402 Clubhouse Avenue would have approximately the same -23- COMNIISSIONERS ' A 0\01\v CITY OF NEWPORT BEACH MINUTES vctooer zz, iyvz ROLL CALL INDEX front yard setback as 400 Clubhouse Avenue? William Laycock, Current Planning Manager, replied that the three lots would maintain the same front yard setback adjacent to the channel if this amendment is approved. Mr. Hewicker explained that the garage at 400 Clubhouse Avenue is approximately 13 feet back from the bulkhead line. The actual living area of the. residence on the first floor is set back further than the garage, and the living area of the second floor is setback further than the first floor. Mr. Hewicker explained that the fence encroachment could be removed at 400 -1/2 Clubhouse Avenue; however, if the adjoining property owners would oppose the change in the front yard setback, it could impede the removal of encroachments. Robin Flory, Assistant City Attorney, stated that the City Attorney's Office would enforce the removal of encroachments in the public easement if the property owners refused. The Commissioners and staff discussed the requirement to remove the encroachments. Mrs. Myra Kirschenbaum, 406/406 -1/2 Clubhouse Avenue, appeared before the Planning Commission to request a clarification of the amendment, and if the request would impede her view of the channel wherein Mr. Hewicker and Mr. Laycock explained the proposed front yard setback on the three lots adjacent to the channel. Mr. Fleetwood Joiner, 15 Corporate Plaza, architect, appeared before the Planning Commission on behalf of the property owner located at 400 -1/2 Clubhouse Avenue. Mr. Joiner stated that the existing front yard setback was required prior to the abandonment of the 24 foot wide portion of the 34 foot wide Clubhouse Avenue right -of -way immediately adjacent to 400 Clubhouse Avenue wherein he concluded that the existing 900 square foot structure, including garage, is not a legal dwelling. If the present front setback were upheld, the property would be 27 feet deep on one side and 48 feet on the other side, leaving a total of 900 square feet of buildable area. The property owner at 400 -1/2 Clubhouse . Avenue is requesting that the structure be allowed a front yard -24- P 0 4 1 CITY OF NEWPORT BEACH MINUTES NEW October 22, 19YZ ROLL CALL INDEX setback of 13 feet from the bulkhead, which is the same location of the exising dwelling unit on the adjoining property located at 400 Clubhouse Avenue. Mr. Joiner stated that the property owner at 400 -1/2 Clubhouse Avenue is currently in the process of removing the aforementioned fences in the public easement, and the fence would be removed by November 1, 1992, as requested by the City Attorney's Office. Mr. Hal Baerg, 400 Clubhouse Avenue, appeared before the Planning Commission. Mr. Baerg distributed and described photographs of the property at 400 Clubhouse Avenue. He rebuked Mr. Joiner's comments regarding the front yard setback area. Mr. Baerg provided a copy of the document indicating the trade with the City for the building of the bulkhead wherein he indicated that subsequent to the trade the front yard setback automatically became 20 feet from the bulkhead. The property owner proposed to encroach 5 feet into the 20 foot front yard setback so as to construct a garage, leaving a 15 foot setback from the bulkhead. The survey that was provided to the City for the property located at 400 Clubhouse Avenue indicated a 13 foot setback from the brick face on the garage that is approximately 13- 1/2 feet from the bulkhead. Mr. Baerg addressed the buildable area of a structure that could be constructed at 400 -1/2 Clubhouse Avenue. In response to questions posed by Commissioner Pomeroy, Mr. Baerg replied that the property owner at 400 -1/2 Clubhouse Avenue is attempting to maintain the same setback as the garage at 400 Clubhouse Avenue. Mr. Baerg, the Commission and staff discussed Mr. Baerg's concerns regarding his loss of view of the channel and loss of character in the neighborhood if the amendment would be approved. In response to a question posed by Commissioner Pomeroy requesting that Mr. Baerg be asked to remove the gravel parking space and the automobile from the public right -of -way, Mr. Baerg replied that he had not received a notice to remove the parking. Mr. Joiner reappeared before the Planning Commission wherein he stated that the aforementioned survey indicated a 13 foot -25- R � 40041 • MINUTES CITY OF NEWPORT BEACH October Lz, 199L ROLL CALL WDEX setback from the bulkhead to the face of the brick on the garage at 400 Clubhouse Avenue. He said that any development on 400- 1/2 Clubhouse Avenue would not block the view of 400 Clubhouse Avenue. Commissioner Gifford and Mr. Joiner discussed the setback area from the bulkhead area to the structures. There being no others desiring to appear and be beard, the public hearing was closed at this time. Mr. Webb explained that the 10 foot wide easement adjacent to the bulkhead is 10 feet of the Clubhouse Avenue right -of -way; therefore, the setbacks should be measured from the property line and not necessarily the bulkhead. The surveyor did not point out where the property line was located, inasmuch as he measured from the bulkhead. When the building permit is obtained prior to construction, the Building Department will require that the front property comers be placed at the front property line adjacent to the 10 foot wide public easement, and the setback that is determined would be measured from the front property line and not from the bulkhead. Commissioner Merrill suggested that the amendment be renoticed as 3 feet from the front property lines of the subject properties. Motion was made and voted on to continue Amendment No. 775 Motion * to the Planning Commission meeting of November 19, 1992, so as All Ayes to allow additional time for the surveyor to determine the location of the front property line at 400 Clubhouse Avenue, and the distance of the existing building on the site from said property line. MOTION CARRIED. The Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. -26 4 \01� *W\06 CITY OF NEWPORT BEACH MINUTES Octooer 22, 1992 ROLL CALL D DEX A. General Plan Amendment No. 89 -2(H) (Continued Public item No.7 Hearing) GPA89 -2H Request to amend the Land Use Element of the General Plan so Res.1320 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' (RSC); and the new Fire Station Site located at 124 Marine Avenue from RSC to GEIF. The proposal also includes the acceptance of an environmental document. INITIATED BY: The City of Newport Beach AND B Local Coastal Plan Amendment No 19 (Continued Public LCP #19 Hearin Request to amend the Local Coastal Program Land Use Plan so . Res. 1321 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' (RSC); 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 124 Marine Avenue, on the southeasterly comer 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 (existing Fire Station Site), on Balboa Island. INITIATED BY: The City of Newport Beach AND -27- V11 � CITY OF NEWPORT BEACH MINUTES >2 October 22, lvya [LOLL CALL INDEX C. Amendment No. 750 (Continued Public Hearing) A750 Res 13: Request to amend a portion of Districting Map No. 14 so as to reclassify the subject property from the C -1 District to the GEIF District. AND D. Use Permit No. 3436 (Continued Public Hearing) UP3436 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 restroom 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 (Continued Public Hearing) v11sz 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 F Resubdivision No 976 (Continued Public Hearing) 8976 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. AND -28- >2 wwl CITY OF NEWPORT BEACH MINUTES 'ROW Uctober LL, iwz . ROLL CALL MEX G. Variance No. 1185 (Public Hearing) V1185 Request to permit the construction of a new fire station facility Apnrovea which includes a clock tower which exceeds the maximum allowable average height of 35 feet, on property located in the 26/35 Foot Height Limitation District. LOCATION: Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site), on Balboa Island. ZONE: C -1 APPLICANT: The City of Newport Beach . OWNER: Same as applicant ENGINEER: Robin B. Hamers & Associates, Costa Mesa Chairman Edwards indicated that letters from Concerned Citizens of Balboa Island, from Mrs. James B. MacKenzie, and a letter signed by approximately 20 individuals have been entered into the record. Robin Flory, Assistant City Attorney, stated that inasmuch as Chairman Edwards and Commissioner DiSano were not present at the October 8, 1992, Planning Commission meeting, that the Commissioners read the October 8, 1992, Planning Commission minutes so as to participate in the subject public hearing. The public hearing was opened in connection with this item, and Mr. Ellis Morcos, 122 Marine Avenue, appeared before the Planning Commission. Mr. Morcos stated that the adverse impact associated with noise, traffic, and the nuisance of public restrooms would be detrimental to the community. Mr. Morcos disagreed with the staff report statement that Although the City Council . approved several actions in connection with the proposed fire station -29- COrMOSSIONERS ����� 6 CITY OF NEWPORT BEACH MINUTES Vctober LL, IYYL ROLL CALL INDEX prior to completion of the initial study, most of these actions can be categorized as planning and feasibility studies.. He stated that according to CEQA, a General Plan Amendment is defined as a project and an environmental review must occur, as early as feasible in the planning process. He expressed his concern that no public hearing was held and no environmental documents were prepared for the residents. Mr. Morcos disagreed with the staff report's statement that The only change to ambient noise levels would be the redistribution of trips along Marine Avenue and other nearby streets. This change is not considered to be substantial in that relatively few properties would experience a change, and the increased noise impacts experienced by some properties would be at least partially offset by reduced impacts to other properties. Mr. Hewicker explained that the drawings the City Council previously approved provided all of the interested parties a better . understanding as to the appearance of the public facility. Mr. Bob Lewis, 116 Marine Avenue, appeared before the Planning Commission. Mr. Lewis stated that he has never opposed a new fire station on Balboa Island; however, he objected to the City not considering the existing fire station site, the City Council's rush to approve preliminary plans for the original design of the new building, and the manner that the project was 'railroaded' through the system early on without adequate input by the residents of Balboa Island. He submitted a copy of a letter that was presented to the City Manager in May, 1992, expressing his concerns. Mr. Lewis addressed CEQA regulation Section 15004 B(1), wherein he asked what were the compelling considerations that made staff believe that the preparation of an EIR was not necessary prior to acquisition of the site for the new fire station. Patricia Temple, Advance Planning Manager, explained that the City acquired a site on Balboa Island with the idea of constructing a fire station. It has not taken any action which would commit the City to construct a facility on the site, and if at the conclusion of the public bearing and subsequent City Council hearings, that it is determined that the site is inappropriate for the fire station, the . City may decide to find another site, or utilize the existing site. -30- ON, CITY OF NEWPORT BEACH MINUTES Now uctoner zz, i"z ROLL CALL INDEX An Environmental'Document was prepared as soon as sufficient information was developed via the planning and design studies, which are clearly exempt from CEQA, in order for staff to prepare an adequate document so as to assess the impact of the project. The staff an initial study and based on professional ,prepared judgement and experience, that there are no unmitigatable significant environmental affects that would be engendered by the project given the standard of significance contained in CEQA and the City guidelines. If the Commission would determine that a significant environmental affect would result from the project which cannot be mitigated to a level of insignificance, the Commission would be required to refer the item back to staff for the preparation of an EIR. Mr. Lewis responded that the statute states "prior to acquisition of a site ", and did not the City pay $670,000.00 to Union Oil to . acquire the site? John Douglas, Principal Planner, referred to Mr. Lewis' testimony and reference to CEQA wherein he explained that in most normal cases a public agency would prepare an environmental documentation before acquiring a site; however, in this case, there are unique circumstances. Balboa Island is an urbanized area with very few sites available for a fire station, and if the City had not taken action to purchase the site, thereby preserving the option of constructing a fire station on the site, the City could have been faced with a condemnation lawsuit if it was later determined that it was the best site for the fire station. There were circumstances that the City based its decision on to complete the purchase of the site prior to the finalization of the environmental documentation. Ms. Flory explained that CEQA guidelines say "should ", and therefore, not mandatory. The project was not determined until after acquisition of the site or, at least, the parameters of the project. In reference to the General Plan Amendment, she said that the action on CEQA and the initial study was done in conjunction with the General Plan Amendment which initiated the need for the environmental document, not just the purchase of the . site. -31- '�� l0 NFWWO • 11 CITY OF NEWPORT BEACH MINUTES OctoDeI az, iyya ROLL CALL INDEX Mr. Richard Salmonson, 1406 South Bay Front, appeared before the Planning Commission. He stated that in 1969 the City concluded that there was not a need for a fire station on Balboa Island; however, it was determined that to satisfy the Island residents that the fire station would remain. He said there has not been justification to cause an increase in the size of the facility. There was never a lead agency that contacted the public for input; however, the adjacent neighbors were informed by a Councilwoman that the neighbors would have participation and they have not, with the exception of AdHoc meetings or the Balboa Island Improvement Association which is not necessarily the voice of the residents on the Island wherein he referred to CEQA guidelines. Ms. Betty Fellinge, 309 Grand Canal, a 50 year resident on Balboa Island, appeared before the Planning Commission to correct the . inaccurate picture being presented as to the amount of opposition to the proposed new fire station. Ms. Fellinge stated that the existing fire station was constructed in 1930 on a 30 foot lot and cannot accommodate modem equipment. The initial Balboa Island meeting about the new fire station had a standing room only attendance at Beek Center, and was overwhelmingly in favor as verified by the official records of the meeting. She asked how the adjoining residents on Marine Avenue speak of intolerable noise and nuisance from the new fire station when there were no objections to the full service stations previously located on the site, including public restrooms. The majority of the Balboa Island residents have endorsed the fire station that can accommodate modern fire fighting and paramedic equipment that are able to meet the needs from the expected earthquake or a possible fire storm. She said that two national companies have canceled her earthquake insurance coverage because of the condition of Balboa Island. In response to a question posed by Chairman Edwards, Ms. Fellinge explained that the design of the proposed fire station that was presented to the public at the aforementioned meeting at Beek Center was the original fire station plan. i -32- \100 \161\0\& CITY OF NEWPORT BEACH MINUTES October 22, iyya ROLL CALL INDEX Mr. John Werlie, a resident on Balboa Island since 1939, appeared before the Planning Commission. Mr. Werlie stated that the majority of the residents on Balboa Island are in support of the proposed fire station, and he pointed out the small quarters where the fire fighters currently reside. Ms. Linda Kenny, 127 -1/2 Grand Canal, appeared before the Planning Commission. Ms. Kenny stated that the proposed fire station would be detrimental because of the increased congestion, lack of sunlight because of the height of the proposed structure, and she expressed concerns regarding the restrooms. She determined that the existing fire station is adequate for the Balboa Island residents. She addressed the existing traffic congestion at the intersection of Marine Avenue and Park Avenue, and the impact that the proposed fire station would have on said intersection. . Mr. Tom O'Brien, 105 Marine Avenue, immediate past president of the Balboa Island Improvement Association, appeared before the Planning Commission. Mr. O'Brien confirmed that there has been very strong support for the fire station as well as restrooms. He expressed concerns regarding the impact that the fire station could have at the Marine Avenue and Park Avenue intersection, the 105 block on Marine Avenue, and the Grand Canal alley whereby he requested a clarification of the route that the fire equipment would take in the area. In response to a question posed by Chairman Edwards, Mr. O'Brien replied that the Association has not taken an official position on the fire station. Commissioner Debay referred to the staff report indicating the traffic pattern for the fire equipment: The primary access route would be to enter Marine Avenue southbound, passing in front of the fire station, then backing into the equipment bay. Since this block of Marine Avenue is one -way northbound Fire personnel would stop traffic if necessary to enter this section of Marine Avenue. Alternate routes would only be used if access to southbound Marine Avenue adjacent to the fire station were impossible during periods of extreme congestion. At such times, fire vehicles would use an alternate route south to Bayfront and then north on Marine. Due to its narrow . clearance, the alley behind the fire station would not be a likely -33- 1 k 10 \*\\04\n ANO' %1`1\14R\11_N9\N1R11 419 CITY OF NEWPORT BEACH MINUTES October 22, 1992 ROLL CALL INDEX alternate access route. Commissioner Pomeroy referred to suggested Condition No. 16 as stated in the staff report: Fire Department vehicles shall avoid using the alley between Marine Avenue and Grand Canal to the great extent possible in order to minimize noise impacts on adjacent residences. Mr. Bob McCaffrey, 1410 South Bay Front, appeared before the Planning Commission. Mr. McCaffrey suggested that there should be an independent opinion of whether a fire station is needed, and he said that there has been no discussion about saving lives or saving property. He stated that the Santa Barbara fire station was constructed to service Balboa Island; however, the Balboa Island Association expressed opposition to the closing of the existing fire station. He stated that he understood that a park had been considered for the proposed site and not a fire station. In response to concerns that Mr. McCaffrey expressed regarding the use of the existing fire station, Mr. Hewicker referred to testimony . during the October 8, 1992, Planning Commission meeting. Mr. Tom Sullivan, 121 Marine Avenue, appeared before the Planning Commission. Mr. Sullivan stated that the residents' major points of concern are conspicuously absent from the subject staff report: parking problems and public restrooms. He stated that 32 residents depend upon the alley to return to their homes. He responded to statements in the staff report by indicating that when the portable restrooms were on the site that automobiles stopped in the alley wherein he referred to the Vehicle Code statement that it is not illegal to stop and temporarily block an alley. The staff report states that a special short term parking area would adequately address the concerns regarding illegal parking wherein he emphatically rebuked the statement on the basis that if a short term parking area would be provided that the convenience store's patrons would utilize the space every minute of every day. Mr. Sullivan responded to the mixed -use of the adjacent residential and commercial businesses to the existing fire station wherein he indicated that there would be no change to the environmental impact and therefore no legal recourse for the occasional apartment dwellers. He rebuked the staff's comments in the . supplemental staff report regarding the remodeling of the existing -34- \11 WT\10\0c�ft • CITY OF NEWPORT BEACH MINUTES October ZZ, IY92 ROLL CALL INDEX fire station. In reference to alternate uses on the subject site, Mr. Sullivan responded that the alternate uses do not dissuade the residents from requesting an EIR. Mr. Sullivan distributed copies of his references to the Commission. In response to a question posed by Chairman Edwards, Mr. Sullivan stated that the traffic congestion at the Marine Avenue and Park Avenue intersection is during the early morning hours, and he addressed concerns regarding the illegal parking at the loading zones. Ms. Debbie Sadler, 125 Grand Canal, appeared before the Planning Commission on behalf of her parents. Ms. Sadler explained the reasons why Balboa Island has a special significance to her parents, and that her parents had set goals to reside on Balboa Island. Ms. Sadler reflected about why Balboa Island is special to her. She said that the proposed fire station would be a . nuisance to the peace and enjoyment of her parent's home, it would be a nuisance to hear the fire engines day and night, and it would be an intrusion of the peace and enjoyment of the family home. It is inconceivable that the City would install public restrooms and a fire station approximately 25 feet from the family home based on problems of odor, increase in traffic, and gridlock in the alley. She requested that the Commission require an EIR. Ms. Carol Deputy, 110 Marine Avenue, appeared before the Planning Commission. Ms. Deputy stated that 56 residential units would be impacted by the fire station, and she addressed her concerns regarding the fire equipment noise in the alley. She recommended that the existing fire station be remodeled to accommodate the fire fighters, and she questioned the need for the ligbt /air unit on Balboa Island. Ms. Deputy referred to Ms. Fellinge's foregoing testimony regarding the meeting at Beek Center wherein she commented that many of the people attending did not reside in the area and that it was the business people who indicated that they wanted the restrooms. There being no others desiring to appear and be heard, the public . hearing was closed at this time. -35- te M IN, *\\016 CITY OF NEWPORT BEACH MINUTES Vctooer LL, iYYL ROLL CALL INDEX Mr. Douglas referred to earlier testimony regarding independent evaluation that would be included in an EIR. He said that there is no requirement that an EIR be prepared by an outside source. CEQA provides that an EIR or Negative Declaration reflect the independent judgement of the lead agency. EHVs are typically prepared by consultants; however, there is nothing that prohibits City staff from preparing an EIR or Negative Declaration. Ms. Flory referred to Section 12 48 040 of the Municipal Code prohibiting parking in alleys. In response to a question posed by Chairman Edwards, Mr. Douglas explained that there was remediation on the site, and the one year testing period has been completed, and the County Health Agency has certified the site. Commissioner Pomeroy questioned if there had been a project of . similar size and in an area where there has been an EIR to review. Ms. Temple replied that the smallest project that she has been involved with was the 28th Street Marina project on Balboa Peninsula. She said that the comparison would be that it is in a similar urbanized environment with similar existing ambient noise levels. In response to a question posed by Commissioner Debay, Ms. Temple replied that the environmental review process, whether it is a Negative Declaration or an EIR, commences with an Initial Study. In the course of conducting an Initial Study it can be determined that there is no potential for a significant effect in certain environmental categories. If that is the case, the Initial Study can be used to focus out those areas contained within the checklist that forms the basis for the environmental review process. Commissioner Gifford addressed the significance of the noise level. In an effort to receive more information with that regard, she visited the Balboa Peninsula Fire Station which is adjacent to residences on three sides to ask the staff if they were aware of complaints from residents, and she contacted residents to receive . their input. The Fire Department staff reported that they had not -36- COMMISSIONERS 4P"W0041 CITY OF NEWPORT BEACH MINUTES Vctouer LG, lYYL ROLL CALL INDEX received any complaints during the time that any of the three staff members had served at the station. The residents that she spoke to had lived in the area for 1 year and 6 years, and they indicated that they had not been bothered by siren noise. The fire station confirmed that they make night calls out of the station with some frequency. Commissioner Gifford referred to the staff report indicating that within the past two years complaints have been received regarding noise from Fire Department operations and that the two incidents occurred at the Corona del Mar Fire Station involving the diesel engine compression. She concluded that for City -wide operations there have been only two complaints. John Douglas concurred that the foregoing two complaints were verified by the Police and Fire Departments. Commissioner Debay determined that a preparation of an EIR for the fire station would not provide any relevant new information that is not currently available. She concurred that there are impacts to the immediate residences adjacent to the fire station; however, an EIR would not magnify more information than currently exists, and an EIR would not address the traffic and parking problems. Ms. Temple responded that the change in environment does not necessarily mean that it would be a significant change. The determination of significance needs to be judged in the context of the existing environment. Commissioner Pomeroy stated that a Negative Declaration is an environmental document that addresses the issues. An important issue that was stated at the October 8, 1992, Planning Commission meeting was that in order to meet the Fire Department's goals of service time that it is necessary to have a Fire Station on Balboa Island. The new location is a better location than the old location. The Commission does not make a decision based on economics. The existing Fire Station is a travesty, and a rebuilt building would not be adequate based upon the interior of the building. In reference to concerns regarding noise, Commissioner Pomeroy said that 25 percent of the calls would not make any difference to the . surrounding neighbors because of the normal route out of the Fire -37- CITY OF NEWPORT BEACH MINUTES October !l, 1992 ROLL CALL INDEX Station and down Marine Avenue. Traffic in the alley has been mitigated by the aforementioned suggested Condition No. 16, and the nighttime noise of the sirens has been mitigated by the fact that suggested Condition No. 15 has been added that states whenever possible the sirens will not be used at night because there is no significant traffic after 11:00 p.m. Commissioner Pomeroy concluded that the issue has been raised by the surrounding homeowners as to what they perceive as being an added nuisance as to where they reside, and that would be correct; however, the Commission considers what is best for the City and best for the area. Commissioner Merrill described the poor accommodations that currently exist at the Fire Station. The proposed location would be better in that it makes it easier for the fire station to reach the primary mission by turning right as opposed to the existing traffic pattern. He addressed the impact that the proposed Fire Station . would have on the adjacent residents. He pointed out that the south wall of the Fire Station does not have a window whereby he considered the setback of the fire station and the multifamily structure, and he concluded that there is nothing that would let any noise out of the Fire Station. Commissioner Merrill considered the three car garage for the fire fighters that is located in the alley, and he determined that deliveries to the fire station could come to the front of the building alleviating traffic in the alley. He said that it would be difficult to stop traffic in the alley and the Police Department would be responsible to patrol the area. In reference to siren noise, he indicated that suggested Condition No. 15 would mitigate noise disturbance by avoiding the use of sirens and backup warning devices to the greatest extent possible. The noise issue has been focused on the front of the structure and that has been controlled. He addressed concerns regarding restrooms wherein he said that public restrooms have always been an issue with the public. He pointed out that the proposed restrooms will be enclosed in the Fire Station and will be open specific times, and the restrooms will be available to business patrons who are currently using the restrooms in the local restaurants. The traffic that parks on Park Avenue could be . controlled with parking meters or limited time, or an area could -38- COMMSSIONER$ CITY OF NEWPORT BEACH MINUTES NOW Vctober zL, i991 ROLL CALL INDEX be provided for the service truck. The Negative Declaration has addressed the major issues and is acceptable. Motion * Motion was made to approve General Plan Amendment No. 89- 2(H) (Resolution No. 1320); Local Coastal Plan Amendment No. 19 (Resolution No. 1321); Amendment No. 750 (Resolution No. 1322); Use Permit No. 3436; Resubdivision No. 976; Variance No. 1182; Variance No. 1185; and related Environmental Document, subject to the findings and conditions in Exhibit "A". Add Condition No. 15 regarding minimizing noise disturbance, Condition No. 16 regarding avoiding use of the alley between Marine Avenue and Grand Canal, Condition No. 17 stating that the hours of operation for the public restrooms shall be from 8:00 a.m. to 8:00 p.m., and send direction to the City Council to request to seek a change for time limit parking that was suggested by the City Traffic Engineer in the staff report. In reference to the October 8, 1992, Planning Commission meeting, Commissioner . Glover requested that the proposed landscaping of the trees be retained inasmuch as the Traffic Department has requested that the trees be removed She stated that considering the beauty of Balboa Island and the village atmosphere that the trees should be included in the landscaping to enhance the aesthetics of the area. In response to a question posed by Mr. Hewicker, Commissioner Glover stated that the Traffic Engineer had previously suggested that the Commission may wish to recommend to the City Council a concern regarding time limit parking with a green curb. Commissioner Pomeroy and Commissioner Glover discussed a modification to the hours of operation for the public restrooms. Commissioner Glover explained that there is not a need to provide restrooms for the local residents early in the morning, and if it would be easier to police and it would make the people in the surrounding area more comfortable, the restrooms could be opened at 8:00 a.m. and still serve the purpose for the business patrons. In reference to 8:00 p.m., she said that the restrooms would be used primarily for persons on Balboa Island who are going to a restaurant to eat and the restaurants have public . restrooms. She said that she was attempting to make less of an -39- s CITY OF NEWPORT BEACH MINUTES October ca, iyyL ROLL CALL MEX impact on the residential areas nearby. Commissioner Pomeroy considered the individuals walling around Balboa Island after 8:00 p.m. and the need to provide restrooms for those individuals until approximately 10:00 p.m. Commissioner Glover concurred with the 10:00 p.m. closure hour and modified the motion to reflect Amended 8 :00 a.m. to 10:00 p.m. Commissioner DiSano supported the motion. He concurred with the aforementioned comments supporting the fire station. The Commission is responsible to consider the general health, safety, and welfare of what is best for the entire Balboa Island and for what is best for the citizenry of Newport Beach, and he referred to recent California disasters. If the Fire Department states that the City needs response time then it would be imprudent of the Commission to deny that recommendation, and when and if a big earthquake comes it could be that Balboa Island would be without a bridge and the chances are that the ferry would be closed. He . questioned what would happen if there is no fire station to take care of those people. The inadequacy of the current fire station is addressed by the new fire station, and it is unfortunate that there is some additional noise that would go to the adjacent residents, and there are good things that need to be addressed. He suggested that the residents contact their insurance companies regarding improved rates if the Fire Station would remain on Balboa Island. The motion to approve General Plan Amendment No. 89 -2H, Local Coastal Program Amendment No. 19, Amendment No. 750, Use Permit No. 3436, Resubdivision No. 976, Variance No. 1182, All Ayes and Variance No. 1185 and related Environmental Document was voted on as modified. MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the following mitigation measures: Findings: . 1. That an Initial Study has been prepared in compliance with -40- C0111114<ISSIONEItS CITY OF NEWPORT BEACH 10,101111d�?.y October 22, 1992 ROLL CALL INDEX the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. 3. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval of Use Permit No. 3436. 4. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. 5. The mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connection with the project. The Mitigation Monitoring and Reporting Program for the project is attached to the Negative Declaration. -41- COMMISSIONERS FV* 011 ME CITY OF NEWPORT BEACH MINUTES 140W October 22, 1Y9Z ROLL CALL INDEX Mitigation Measures: 1. Prior, to the issuance of any building permit a licensed Architect or Acoustical Engineer shall demonstrate to the Planning and Building Departments that the project has been designed such that noise levels at the property line shall not exceed 55 dB(A). 2. No routine emergency generator testing or air compressor operation shall be conducted between the hours of 5:00 p.m. and 10:00 am. 3. Prior to the issuance of any building permit the Fire Department shall demonstrate to the Building Department . that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 4. The Fire Department shall comply with any requirements of the Orange County Health Care Agency with respect to soil monitoring and remediation. B. GENERAL PLAN AMENDMENT NO. 89 -2(H) : Adopt Resolution No. 1320, recommending City Council approval of General Plan Amendment No. 89 -2(H). C. LOCAL COASTAL PROGRAM AMENDMENT NO, 19: Adopt Resolution No. 1321, recommending City Council approval of Local Coastal Program Amendment No. 19. D. AMENDMENT NO, 750: Adopt Resolution No. 1322, recommending City Council approval of Amendment No. 750. -42- CITY OF NEWPORT BEACH MINUTES October zz, iyva ROLL CALL INDEX E. USE PERMIT NO. 3436: Findines: 1. That the proposed development 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 the establishment of the subject fire station will not have any significant environmental impact. . 4. That the approval of Use Permit No. 3436 will not result in abrupt scale relationships between the subject site and the neighboring properties. 5. That the development will maintain the approved setbacks, providing landscaping in the setback areas along Marine and Park Avenues, so that the increased stairway \clock tower height will result in more public visual open space than is required by the basic height limit. 6. That the increased stairway \clock tower height will result in a more desirable architectural style. 7. That the approval of Use Permit No. 3436 for the establishment, maintenance and operation of the proposed fire station use 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. -43 °qF CITY OF NEWPORT BEACH MINUTES NEW October zz, iwz ROLL CALL INDEX Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That a parcel map combining the lots into a single building site be processed and recorded prior to issuance of any building permits. That the Parcel Map be prepared so that the bearings relate to the State Plane Coordinate System. Monuments (one inch iron pipe with tag) shall be set Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the project construction. 3. That all the Conditions of Approval of Resubdivision No. 976 be fulfilled. 4. That a Coastal Development Permit be issued prior to the issuance of a building permit. 5. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 6. That the entire site shall be maintained in a clean and orderly manner. 7. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the . community. -44- ItMO MW\N\ CITY OF NEWPORT BEACH MINUTES cictouer u, 19Yz . ROLL CALL IlVDF.X 8. 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. 9. That prior to the issuance of any building permit a licensed Architect or Acoustical Engineer shall demonstrate to the Planning and Building Departments that the project has been designed such that noise levels at the property line shall not exceed 55 dB(A). 10. That no routine emergency generator testing or air compressor operation shall be conducted between the hours of 5:00 p.m. and 10:00 a.m. 11. That prior to the issuance of arty building permit the Fire Department shall demonstrate to the Building Department . that the lighting system shall be designed, directed; and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 12. The Fire Department shall comply with any requirements of the Orange County Health Care Agency with respect to soil monitoring and remediation. 13. That the garage doors on the personal parking spaces shall remain closed when not entering or exiting the garage. 14. That there shall be no parking in the rear setback area adjacent to the alley. 15. The Fire Department shall minimize noise disturbance by avoiding the use of sirens and backup warning devices in residential areas to the greatest extent possible in consideration of legal requirements and safety concerns. -45- CO1<t1MISSIONERS CITY OF NEWPORT BEACH MINUTES Vctooer LL, lYYZ ROLL CALL MEX 16. Fire Department vehicles shall avoid using the alley between Marine Avenue and Grand Canal to the greatest extent possible in order to minimize noise impacts on adjacent residences. 17. Hours of operation for the public restrooms shall be 8:00 a.m. to 10:00 p.m. F. RESUBDIVISION NO. 976 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. Conditions 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map be prepared so that the bearings relate to the State Plane Coordinate System.Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall . -46- COMOSSIONERS a \ \ V06 A I Ro \\n- CITY OF NEWPORT BEACH MINUTES vctoner za, iyyz ROLL CALL INDEX be protected in place if installed prior to completion of construction project. 2. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. G. VARIANCE NO. 1182 Findings 1. That the variance issued will not result in any increase in flood levels during the base flood discharge. 2. That the variance issued is the minimum necessary, considering the flood hazard, to afford relief. 3. That the variance is issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of, the public, or conflict with existing local laws or ordinances. 4. That the variance is issued for new construction which is - protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 5. That the City of Newport Beach, as applicant, shall be given written notice that the structure will be permitted to be- built with a lowest floor elevation 1.02 feet below the . regulatory flood elevation of 6.27 feet MSI, and that the _47_ COBDUSSIONERS CITY OF NEWPORT BEACH A a L MINUTES [LOLL CALL INDEX cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Orange County Recorder and shall be recorded in a manner so that it appears in chain of title of the affected parcel of land. Conditions 1. That the fire station be designed and constructed utilizing "wet floodproofing" techniques pursuant to the Federal Emergency Management Agency and National Flood Insurance Program regulations. 2. That a notice shall be recorded in the office of the County Recorder indicating that the project has been permitted to be built with the lowest floor elevation 1.02 feet below the . base flood elevation of 6.27 MSL. H. VARIANCE NO, 1185 Findines: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as the proposed fire station is a unique public facility that would represent a community landmark. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the fire station is a necessary community facility. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort,. and . general welfare of persons residing or working in the 48 COMMISSIONERS em *W0 \� CITY OF NEWPORT BEACH MINUTES S VCtober LL, IYYL _ ROLL CALL INDEX neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood inasmuch as City has held extensive meetings with the community to review the fire station design, and no substantial opposition to the height of the structure has been expressed. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, and elevations. ADDITIONAL BUSINESS: Add ' l . Commissioner Pomeroy addressed his previous statements during Busines the public hearing with respect to how much of a building can remain so as to allow a property owner that had a nonconforming building to remodel without demolishing all of the walls. Mr. Hewicker replied that the City Council has requested that staff consider what would be allowed to relax certain existing standards in the older areas of the City, particularly for remodelling or redevelopment in accordance with specific architectural standards. Discussion ensued between Commissioner Pomeroy and Mr. Hewicker regarding the older areas of the City to be considered. s . : - ADJOURNMENT: 11:00 p.m. - Adjourn s s s HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -49- S