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HomeMy WebLinkAbout11/18/1993COMMISSIONERS • $�� 4����� Sao CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: November 18. 1993 MINUTES ROLL CALL INDEX Present * - * * * * All Commissioners were present. (Commissioner Pomeroy arrived at 7:35 p.m.) s x s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x Minutes nutes of November 4. 1993 Minutes of 11/4/9 Motion Motion was made and voted on to approve the November 4, 1993, Ayes * - * * Planning Commission Minutes. MOTION CARRIED. Abstain Absent s s x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. s x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, November 12, 1993, in front of City Hall. • : s : COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November lid, 1993 ROLL CALL INDEX Use Permit No. 1994 (Amended) Public Hearing) Item No. Request to amend a previously approved use permit that permitted UP1994A Approved the construction of a 110,000 square foot office building and related parking structure, both of which exceed the 32 foot basic height limit in the 32/50 Height Limitation District, on property located in the M -1 -A District. The proposed amendment involves a request to construct a thermal storage system which . involves components and equipment which also exceed the 32 foot basic height limit. LOCATION: Portion of Lot 169, Block 2, Irvine's Subdivision, located at 500 Superior Avenue, on the southeasterly side of Superior Avenue, between Dana Road and 15th Street, south of the Newport Beach City Yard. ZONE: M -1 -A APPLICANT: Hughes Aircraft Company, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, explained that the proposed terminal storage system that would be installed at the subject site would be partially funded by the Southern California Edison Company. The system is designed to manufacture ice so as to cool the plant facilities during the day. The equipment would exceed the height limit; however, it is lower than the previously approved buildings and it is not visible from a residential area. The public hearing was opened at this time. Mr. James Taylor concurred with the findings and conditions in Exhibit 'Won behalf of the applicant. There being no others desiring to appear and be heard, the public Baring was closed at this time. • -2- I 11 plpl�'tpol��'p CITY OF NEWPORT BEACH MINUTES November 18 1993 ROLL CALL INDEX 4otion Motion was made and voted on to approve Use Permit No. 1994 %yes * * * * * (Amended) subject to the findings and conditions in Exhibit "A ". lbsent * MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the increased building height will result in more public visual open space and views than is required by the basic height limit. S. That the increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. b. That the increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 7. That the structure will have no more floor area than could have been achieved without the use permit for the building height. 9. That adequate parking is provided on site to accommodate . the existing and proposed uses. -3- COMMISSIONERS .\04\0 • yo I/ MINUTES CITY OF NEWPORT BEACH November 18 1993 ROLL CALL INDEX 9. The approval of Use Permit No. 1994 (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. n ii 1. That the proposed development shall be in substantial conformance with the approved plot plan, equipment plan and section, except as noted below. 2. Tbat all previous applicable conditions of approval of Use Permit No. 1994 and Use Permit No. 1994 (Amended) shall remain in force. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That all mechanical equipment on the thermal storage system shall be screened from view of the adjoining property. 5. That the project shall be so designed to eliminate light and glare spillage on adjacent uses. 6. That any mechanical equipment on the thermal storage system shall be sound attenuated to be no greater than 55 DBA, measured at the property line. 7. That any roof top or other mechanical equipment shall be finished, to the satisfaction of the Planning Department, to architecturally blend with the existing parking structure and office building. 8. That the Planning Commission may add to or modify . conditions of approval to this use permit or recommend to -4- COMMISSIONERS c��yfot�,�� poo CITY OF NEWPORT BEACH MINUTES November 18 1993 ROLL CALL INDEX 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. 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. A. Amendment No. 784 (Public Hearing) Item No.2 Request to amend the Planned Community District Regulations A784 for the Corporate Plaza Planned Community, so as to establish (Res 1341 medical offices as a permitted use, and to allow the remaining Ts ss 79,847 square feet of permitted development to be used for medical office purposes to permit other miscellaneous revisions to Approved the Planned Community Text and Plans; and the acceptance of an environmental document. AND B Traffic Study No. 88 (Public HLarinFJ Request to approve a traffic study so as to permit 79,847 square feet of development in the Corporate Plaza Planned Community for medical office use. LOCATION: Property bounded by East Coast Highway, Newport Center Drive, Farallon Drive and Avocado Avenue in the Corporate Plaza Planned Community. ONE: P -C . PLICANT: The Irvine Company, Newport Beach -5- COMMISSIONERS • CITY OF NEWPORT BEACH November 18, 1993 ROLL CALL INDEX OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. David Neish appeared before the Planning Commission on behalf of the applicant. Mr. Neish concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. lotion Motion was made and voted on to approve Amendment No. 784 L11 Ayes (Resolution No. 1341) and Traffic Study No. 88, and accepting the environmental document, subject to the findings and conditions in Exhibit "A". MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the following the mitigation measures: Findings: 1. 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, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration reflects the independent judgement of the Planning Commission /City Council and was reviewed and considered prior to approval of the project. 2. 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 -6- y�Ot�'Pr'O� O CITY OF NEWPORT BEACH MINUTES November 1 1993 ROLL CALL INDEX 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. 3. 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 and is hereby adopted. MITIGATION MEASURES: 1. Prior to the issuance of any building permit, the applicant 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 plan 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. 2. Prior to issuance of Certificates of Use and Occupancy, the applicant shall demonstrate to the City Traffic Engineer that the intersection of MacArthur Boulevard and San Miguel Drive has been reconfigured in compliance with the recommendations contained in the traffic impact study prepared for the subject project (TPO# 88). 3. Prior to issuance of a grading permit, the applicant shall . demonstrate to the Planning Department that the project -7- COMMISSIONERS o00\4R14 \P4 i CITY OF NEWPORT BEACH MINUTES November 18, 1993 ROLL CALL INDEX will comply with Council Policies K -5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B. TRAFFIC STUDY: Approve the Traffic Study, making the findings listed below: FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary- modified,' or 'primary' street. 3. That the Traffic Study indicates that the project- generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on four of the eleven study intersections and that the ICU analysis for the intersections of East Coast Highway at Avocado Avenue, Jamboree Road at Santa Barbara Drive, MacArthur Boulevard at San Miguel Drive and MacArthur Boulevard at San Joaquin Hills Road, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project, once the widening of MacArthur Boulevard is completed. C. AMENDMENT NO. 784 l.. Adopt Resolution No. 1341 recommending to the City Council the approval of Amendment 784, amending the Corporate Plaza. Planned Community Development regulations. -8- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH November 18, 1993 ROLL CALL INDEX Discussion Item• Di5CUS5io: " Item No.1 Amendment No. 789 A789 Request to consider an amendment to Title 20 of the Newport Beach Municipal Code, so as to revise various Sections of the Cont I d to Zoning Code which limit the allowable gross floor area in the 12/9/93 Residential Districts, including those within Specific Plan Areas. The proposed amendment involves changing the calculation of gross floor areas to include clerestory portions of residential buildings or related structures which span more than one floor. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, stated that the subject Amendment was initiated by the City Council. He explained that property owners have been filling in floor areas on residential structures after the buildings have been finaled and occupied. The property owners have not only filled in clerestory areas above garages but they have also filled in clerestory areas above inhabitable areas. The recommended minimum height between the finished floor and the ceiling would be 14 feet 6 inches based on the Uniform Building Code allowances of 7 foot 6 inch high ceiling for inhabitable rooms and 7 foot high ceilings for closets, bathrooms, kitchens, etc., totalling 14 feet 6 inches. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker explained that the proposed 14 feet 6 inch height is below the minimum so as not to create what would be an extremely minimum ceiling height. Commissioner Pomeroy explained that new construction consists of flat ceiling heights in living, dining, and family rooms between 16 and 24 feet. He recommended a method that would allow that type of construction and yet not allow the illegal room construction above the garage areas. -9- COMMISSIONERS .eo plo��od�pr,S -14ON A �bs o CITY OF NEWPORT BEACH MINUTES November 18 1993 ROLL CALL INDEX Mr. Hewicker addressed the floor plans and section that are attached to the staff report, which are proposed for property located at 302 Ruby Avenue. The Planning Commission and Mr. Hewicker discussed the issue of clerestory areas over inhabitable portions of residential buildings, and it was the Commission's decision that property owners should not be penalized if they want to construct a clerestory area in an inhabitable area. In response to comments by Commissioner Glover, Mr. Hewicker explained that the proposed Amendment would affect the R -1, R -2, R -3, R4, and MFR Districts, and residential uses in Specific Area Plan areas, but that it would not apply in the Planned Community Districts. Commissioner Edwards suggested that the definition of "clerestory' be addressed or clarified, and if necessary, be deleted from the proposed Amendment. Commissioner Pomeroy and Commissioner Ridgeway stated that property owners' plans should not be interfered with, and they suggested that the Commission only address concerns regarding excessive heights over garages. Motion Commissioner Pomeroy made a motion to continue Amendment All Ayes No. 789 to the Planning Commission meeting of December 9, 1993, and to request that staff concentrate the Ordinance on addressing the issue of the heights over the garage areas. The motion was voted on, MOTION CARRIED. ADJOURNMENT: 8:05 p.m. Adjourn ANNE K GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -10-