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HomeMy WebLinkAbout12/04/199711 CITY OF NEWPORT BEACH Planning Commission Minutes December 4, 1997 .Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - all present STAFF PRESENT: Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Development Services Manager Patrick Alford, Senior Planner Ginger Varin, Planning Commission Executive Secretary Minutes of November 20,1997: Motion was made by Commissioner Selich and voted on to approve, as written, the November 20, 1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams, Noes: none Absent: Abstain: Ashley Public Comments: none Posting of the Agenda: The Planning Commission Agenda was posted on Friday, November 26, 1997 outside of City Hall. Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes December 4, 1997 • INDEX SUBJECT: Arches Restaurant, Inc. Item No. 1 3334 and 3400 West Coast Highway Exception Permit • Exception Permit No. 52 No. 52 Request to allow the retention of two temporary signs (banners),.one Approved mounted at the front of the building and the second mounted on an existing pole sign, in conjunction with an existing restaurant. The duration will be consistent with the construction schedule of the Arches Bridge widening construction project. The application will also allow for relocation of the temporary signs on the subject property in response to changes in the construction project which may affect the effectiveness of the sign placement. Public Comment was opened. Dan Marcheano, owner and operator of Arches Restaurant, 3334 and 3400 West Coast Highway spoke in favor of this request stating that since the interchange construction began he has lost business, especially during the lunch hour. As a result, he has come up.with some promotions for specialty items for his restaurant. Therefore, he is asking to retain the two temporary banners that are currently in place. These banners will be used to advertise the specific promotions during the construction period. At Commission inquiry, he stated that he has read all the findings and conditions in the staff report and understands and agrees to them. Public comment was closed Motion was made by Commissioner Ridgeway to approve the Exception Permit No. 52 with the findings and conditions as stated in Exhibit A. Ayes: Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley Noes: none Absent: none SUBJECT: Rockwell SemiconductorSystems, Inc. (Richard Item No. 2 Bluth, contact) Amendment No. 867 4311 Jamboree Road • AmendmentNo.867 Amend the Koll Center Planned Community District Regulations to Continued to increase the height limit within Light Industrial Site 1 from 75 feet to 150 1/22/98 feet. City of Newport Beach • Planning Commission Minutes December 4, 1997 Staff reported that the applicant is requesting a continuance to 1/22/98 to allow additional time for review of this project with owners of adjacent properties. Motion was made by Commissioner Fuller to continued this item to January22, 1998. Without objection, motion passed by acclamation. SUBJECT: Asian Bistro (Ahn Tran, applicant) 2600 East Coast Highway, #160 • Planning Director's Use Permit No. 14 • Use Permit No. 3620 • Specialty Food Permit No. 60 The applications involved include a Use Permit request for the waiver of a portion of the required parking and a Planning Director's Use Permit • request to allow the conversion of Specialty Food Use Permit No. 60 to a full- service small scale eating and drinking establishment. The applications also request to alter the operational characteristics to add alcoholic beverage service (beer and wine only) and increase the interior seating from 20 to 25 seats. Staff has included with this application, a scheduled 6 month review to determine compliance with conditions of approval of Specialty Food Permit No. 60. Ms. Temple presented the staff report and noted that the applicant's representative will request a continuance of the use permit and the planning director's use permit to the first meeting in February to allow time to work on compliance issues with the applicant. However, the Commission is to review the conditioned compliance of Specialty Food Permit No. 60. Staff has suggestions for additional and modified conditions on this specialty food permit. Commissioner Selich verified that the applicant was part of the discussions on the conditions of approval of the Specialty Food Permit No. 60. Public Comment was opened. Jerry King, P. O. Box 7992, NB representing the applicant spoke to the Commission. He has reviewed the materials provided to his client by the staff and neighborhood with respect to the conditions on the specialty • INDEX Item No. 3 Planning Director's Use Permit No. 14 Use Permit No. 3620 Specialty Food Permit No. 60 Continued to 2/5/98 City of Newport Beach is Planning Commission Minutes December 4, 1997 food use permit and complaints. He has discussed with the applicant who agrees that it would be premature to ask for any additional service at this location until all of the improvements have been made including those to be added by staff at tonight's meeting. They are in agreement that these additional conditions are appropriate and acceptable. Issues needing to be addressed: • seating - chairs and tables have been changed; bench seating will be provided • trash enclosure - the latch will be replaced by one that will be self - closing; operation and monitoring of trash pick up including materials that fall from the dumpsters during servicing will be provided • parking - the addition of one or two spaces near the front loading zone area for a timed limit of 15 minutes parking to be used for pick up of take -out orders (to be worked out with City staff); employees will park in the structure and not out in the street • rear door - self closure will be installed as well as monitoring to be sure it is not left open • ventilation system and maintenance - a maintenance service has been contracted who will keep records of service dates for the area on the roof and the clean outs • new ventilation system - bids are in the process for installation of perhaps a charcoal system that will help to reduce some of the odors • associated with this type of cooking • owner will no longer allow customers to come in early • citation ordinance - the applicant has been provided a copy and is aware and understand the risks of not being in compliance • signage - the management company and owners agree to the installation of a new directional sigh with Asian Bistro name on it to be installed at the corner of the building Mr. King concluded that with the exception of the new signage and the new doors for the self closures, most of the other issues have been addressed. Commissioner Ridgeway asked staff what is being reviewed tonight. He was answered that Use Permit No. 3620 and the Planning Director's Use Permit No. 14 have been continued. However, the Specialty Food Permit No. 60, has a condition requiring a review of condition compliance after a period of six months from issuance of the Certificate of Occupancy. That six month review is due this month and was combined with the two use permit applications. Since the applicant is interested in continuing the two use permit items, Commission still needs to review the condition compliance which gives the ability to modify or add conditions as necessary. Commissioner Ridgeway stated that he had visited the site and noted the following: 0 4 INDEX City of Newport Beach . Planning Commission Minutes December 4, 1997 • the odor of food cooking emanated from the alleyway, • parking structure is not identified well enough and is under utilized, • not enough signage • restaurant trash should be placed in sealed plastic bags Commissioner Ridgeway noted additional conditions to Specialty Food Perrnit No. 60: 1. a sign to be placed on the trash enclosure noting alley entrance to the parking structure 2. restaurant trash should be placed in sealed plastic bags Ms. Temple then stated staff's suggested conditions) alterations to Specialty Food Permit No. 60: 1. added - That the "net public area" shall be limited to reduce the ability to provide the introduction of additional tables and chairs to the satisfaction of the Planning Director (exclusive of corridor and condiment table areas). 2. modification to existing Condition #5 - That the hours of operation shall be limited between the hours of 11:00 a.m. and 9:00 p.m., Monday through Saturday, and 3:00 p.m. to 8:00 p.m. Sunday. Patrons shall be prohibited from entering the facility except during the specified hours of operations and the patron access doors shall remain locked during non - business hours. Any increase in the • opening or closing hour shall require an amendment to this permit. 3. added - That the applicant shall provide for monthly cleaning and maintenance of the hood vents, ducting and filters; or, at a future date, provide for the installation of a more efficient hood system which will include a charcoal filtering system for the control of odors, and the capture /removal of grease, subject to approval by the Building, Department and the Planning Director. That the applicant shall maintain a record of the maintenance of the hood vents which may be requested by the Planning Department at any time to verify compliance with this condition. 4. modification to existing Condition # 18 - That the trash enclosure shall be covered at all times and maintained in a clean and sanitary condition on a regular basis. The trash enclosure shall be equipped and maintained with a self - closing gate and latch; and the gates will remain closed at all times, except when refuse is being collected by the collection agency or by employees emptying trash receptacles. That trash from the restaurant shall be bagged in sealed plastic bags. That monthly steam cleaning of the trash enclosure area and /or dumpsters is required. The applicant shall maintain records. 5. added - That the business shall develop and implement a program of directional signs and advertising to direct and encourage greater utilization of the on -site parking garage. This program shall include additional signs or the replacement of existing signs. The additional or replacement signs shall include the wording, "ASIAN BISTRO PARKING 0 5 INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 GARAGE" with arrows showing the direction to the parking garage. The placement of the signs shall be subject to the approval of the Planning Department. This program, including installation of the signs, shall be implemented within 60 days. 6. That the specialty food service permit shall be subject to review after 6 months from the date of the Planning Commission meeting 12/4/97. Chairperson Kranzley then asked the applicant's representative, Mr. King, if these additional items were agreeable to which he was answered, yes. Commissioner Fuller asked about the available parking in relation to building vacancy. The parking structure is not very evident and he encourages signage. Mr. King stated that the building has 25 to 30% vacancy. The owners have agreed to the additional signage as well as the increased lighting within the structure. CommissionerSelich inquired if the net public area would be reduced. Mr. King answered that there will be plant materials, bench seating and a change in table types. These are considered informal reductions in area • rather than building walls and barriers within the existing net public area. There will be no change in the outdoor dining area. Public comment was closed. Motion was made by Commissioner Ridgeway to continue Use Permit No 3620 and Planning Directors Use Permit No. 14 to February 5, 1998. Mr King affirmed that the applicant will have all signs installed. Without objection, motion passed by acclamation. Chairperson Kranzley stated that the Commission would now review the current use of the application Specialty Food Permit No. 60. Public comment was opened Ms. Adrian Thomas, 2681 Point del Mar - stated in opposition to this use that the building is not a good location for a restaurant due to increased traffic, unhealthy conditions and noise. She then introduced a petition signed by 10 residents in the immediate area of the restaurant in opposition to this application for the following reasons: violation of seating occupancy violation of hours of operation • alcohol beverages being served • trash maintenance not in compliance • INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 • parking structure is not adequate (not being us • terrible odors from grease on roof of restaurant • negative impact on neighbors • problem is worst during the summer time Commission discussion continued on the elimination of the smell and how the applicant could go about this and the time frame for this to occur. Marilyn Moore, 721 and 721 ''/2 Fernleaf spoke in opposition to this application. She submitted pictures that portray the problems mentioned by the previous speaker. A particular problem she noted was the trash that blows into her yard that was not picked up nor was the trash area washed down. She concluded noting similar reasons as expressed in opposition to this application. Lavinia Hayton, Corona del Mar, spoke in favor of this application noting that this is a small family owned and operated restaurant and should be supported by the community. The problems of trash and parking can and will be addressed. Mr. Jerry King stated that he is getting proposals on a ventilating system, but so far, the ones they have received are very high. However, with the • cleaning system now in place it is expected that the odors, especially during the summer with grease spilling out of the ventilating system laying flat on the roof, will disappear. The maintenance company has been asked to provide a larger trash dumpster fully enclosed. The bagging system is an excellent idea. The applicant recognize the problems noted by the neighbors and are attempting to resolve them. Jerry Clark, Corona del Mar spoke in support of this restaurant noting that the owners are hard working and honest. Parking happens by all visitors, not just restaurant customers. Everyone needs to work together and support small businesses. Public comment was closed. Commissioner Adams noted that he has historically been opposed to a restaurant at this location. It was affirmed that several conditions he noted were already addressed in the Specialty Food Permit No. 60. Continuing he noted: • trash pick up • short term parking for customers to come and pick up their take out orders • on street parking is for residents and customers both, and there is going to be noise • additional conditions from the use permit being imposed make sense and need to be imposed • INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 CommissionerSelich noted the following: • location of signs for parking structure- people will park on the street • six month review • applicant needs to be sensitive to the residents Motion was made by Commissioner Ridgeway to impose the additional conditions to Specialty Food Permit No. 60 as follows: • add, a record of maintenance • add bi-monthly professional steam cleaning • trash to be bagged in plastic sealed bags and • a 60 day review. and staff's recommendations: 1. added - That the "net public area" shall be limited to reduce the ability to provide the introduction of additional tables and chairs to the satisfaction of the Planning Director (exclusive of corridor and condiment table areas). 2. modification to existing Condition #5 - That the hours of operation shall be limited between the hours of 11:00 a.m. and 9:00 p.m., Monday through Saturday, and 3:00 p.m. to 8:00 p.m. Sunday. • Patrons shall be prohibited from entering the facility except during the specified hours of operations and the patron access doors shall remain locked during non - business hours. Any increase in the opening or closing hour shall require an amendment to this permit. 3. added - That the applicant shall provide for monthly cleaning and maintenance of the hood vents, ducting and filters; or, at a future date, provide for the installation of a more efficient hood system which will include a charcoal filtering system for the control of odors, and the capture /removal of grease, subject to approval by the Building Department and the Planning Director. That the applicant shall maintain a record of the maintenance of the hood vents which may be requested by the Planning Department at any time to verify compliance with this condition. 4. modification to existing Condition # 18 - That the trash enclosure shall be covered at all times and maintained in a clean and sanitary condition on a regular basis. The trash enclosure shall be equipped and maintained with a self - closing gate and latch; and the gates will remain closed at all times, except when refuse is being collected by the collection agency or by employees emptying trash receptacles. That trash from the restaurant shall be bagged in sealed plastic bags. That monthly steam cleaning of the trash enclosure area and /or dumpsters is required. The applicant shall maintain records. 5. added - That the business shall develop and implement a program of directional signs and advertising to direct and encourage greater utilization of the on -site parking garage. This program shall include • 8 INDEX City of Newport Beach Planning Commission Minutes December 4, 1997 additional signs or the replacement of existing signs. The additional or replacement signs shall include the wording, "ASIAN BISTRO PARKING GARAGE" with arrows showing the direction to the parking garage. The placement of the signs shall be subject to the approval of the Planning Department. This program, including installation of the signs, shall be implemented within 60 days. 6. That the specialty food service permit shall be subject to review after 6 months from the date of the Planning Commission meeting 12/4/97. Without objection, motion passed by acclamation. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. That maximum seating and /or stand -up counter space for no more than 20 customers shall be maintained inside the subject specialty food use. Any further increase in the number of seating and /or stand -up counter space for customers, not expressly permitted by this approval (exclusive of outdoor dining approved by separate permit), shall be subject to the approval of a use permit for a restaurant. Is 3. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, however, not located on or within any public property or right -of -way. 4. That at least one parking space for each 250 sq.ft. of gross floor area shall be provided for the proposed facility. 5. That the hours of operation shall be limited' between the hours of 11:00 a.m. and 9:00 p.m., Monday through Saturday, and 3:00 p.m. to 8:00 p.m. Sunday. Patrons shall be prohibited from entering the facility except during the specified hours of operations and the patron access doors shall remain locked during non - business hours. Any increase in the opening or closing hour shall require an amendment to this permit. 6. That use of the rear door by employees shall be limited to between the hours of 10:00 a.m. and 10:00 p.m. Monday through Saturday, and between the hours of 2:00 p.m, and 9:00 p.m. on Sunday. Use of the rear door by customers as an entry shall be prohibited. That deliveries to the business shall be from a loading zone to be designated on Dahlia Avenue. Delivery vehicles which cannot be accommodated by the loading zone on Dahlia Avenue, • INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 including oversized trucks and multiple vehicles at one time, shall use the designated loading space at the rear of the property or the 10 foot alley setback. Delivery vehicles shall not stop or park within the alley right -of -way. Deliveries shall be limited to the hours of 9:00 a.m. and 5:00 p.m., daily. 8. That the loading zone which is located at the rear of the property, adjacent to the alley and next to the trash enclosure, shall be painted or appropriately signed designating the space as a loading zone space only and not for general parking purposes (to include, "NO PARKING, LOADING ZONE "). That trash and grease pick -up shall be limited to the hours between 9:00 a.m. and 5:00 p.m., Monday through Saturday. 10. That the dumping of trash by employees into the dumpster shall not be permitted between the hours of 10:00 p.m. and 10:00 a.m., Monday through Saturday, nor before 2:00 p.m. or after 9:00 p.m. on Sunday. 11. That no outside paging system shall be utilized in conjunction with this establishment. • 12. That no sale of alcoholic beverages shall be permitted on the premises unless a use permit is first approved by the Planning Commission, in accordance with the provisions of the Municipal Code, and the appropriate approval has been obtained from the State Departmentof Alcoholic Beverage Control. 13. That no live entertainment or dancing shall be permitted in conjunction with the permitted use. 14. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the specialty food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 15. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. • 10 INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 16. That the facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Code. 17. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 18. That the trash enclosure shall be covered at all times and maintained in a clean and sanitary condition on a regular basis. The trash enclosure shall be equipped and maintained with a self - closing gate and latch; and the gates will remain closed at all times, except when refuse is being collected by the collection agency or by employees emptying trash receptacles. That trash from the restaurant shall be bagged in sealed plastic bags. That monthly steam cleaning of the trash enclosure area and /or dumpsters is required. The applicant shall maintain records. 19. That the operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter • generated by the use. 20. That a minimum of three signs shall be conspicuously placed, directing patrons to the location of parking in the subterranean parking lot, as well as signs on the surface level and each level of the subterranean garage that direct patrons to the elevator and the stairs. The City Traffic Engineer shall approve the signs and locations prior to the issuance of a Certificate of Occupancy for this business. 21. That all employees shall park in the on -site, subterranean parking lot at all times and shall not utilize the on -site surface parking spaces located on the alley side of the property. 22. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 23. That the Planning Department may add to or modify conditions of approval to this specialty food service permit, or recommend to the Planning Commission or City Council the revocation of this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the r� u INDEX City of Newport Beach . Planning Commission Minutes December 4, 1997 community. 24. That the specialty food service permit shall be subject to review by the Planning Commission on February 5, 1998 for compliance with these conditions. In conjunctionwith that review the Planning Commission may add to or modify conditions of approval to this permit which may include a requirement for a subsequent 6 month review. A notice shall be mailed to owners of property (located within 100 feet of the subject property) at least 10 days prior to the date of the review. As part of the review, the Public Works Department shall review the feasibility of maintaining the loading zone on Dahlia Avenue. The review by the Public Works Department shall include, but not be limited to, consideration of the actual use of the loading zone and the applicant's ability to control the deliveries to his establishment, as evidenced by review of types and number of complaints received in regard to deliveries and impact on on- street parking. 25. That the net public area" shall be limited to reduce the ability to provide the introduction of additional tables and chairs to the satisfaction of the Planning Director (exclusive of corridor and condiment table areas). • 26. That the applicant shall provide for monthly cleaning and maintenance of the hood vents, ducting and filters; or, at a future date, provide for the installation of a more efficient hood system which will include a charcoal filtering system for the control of odors, and the capture /removal of grease, subject to approval by the Building Department and the Planning Director. That the applicant shall maintain a record of the maintenance of the hood vents which may be requested by the Planning Department at any time to verify compliance with this condition. 27. That the business shall develop and implement a program of directional signs and advertising to direct and encourage greater utilization of the on -site parking garage. This program shall include additional signs or the replacement of existing signs. The additional or replacement signs shall include the wording, 'ASIAN BISTRO PARKING GARAGE" with arrows showing the direction to the parking garage. The placement of the signs shall be subject to the approval of the Planning Department. This program, including installation of the signs, shall be implemented within 60 days. M4M • 12 INDEX City of Newport Beach • Planning Commission Minutes December 4, 1997 SUBJECT: Balboa Island Floor Area Ratio and Parking Regulations An amendment to Title 20 of the Newport Beach Municipal Code to revise property development regulations of the R -1.5 District to require a minimum of two (2) enclosed parking spaces per site and to allow two hundred (200) square feet of enclosed parking floor area to be excluded from maximum gross floor area limits (Balboa Island and Little Balboa Island). Mr. Patrick Alford stated that this amendment was initiated at the request of .the Balboa Island Improvement Association, Little Balboa Island Property Owners Association and the Balboa Island Business Association. The stated intent of the proposed amendment is to encourage the use of garages for off street parking in order to improve security, safety and visual quality of the area. The proposed amendment would revise the property development regulations in the R -1.5 District to a minimum of 2 enclosed (on all four sides by walls or doors) parking spaces per site and up to 200 square feet of the floor area that is used for enclosed parking to be excluded from the calculation of the maximum gross floor area. A modification permit would be required for any alteration of a residential structure that is nonconforming due to having less than the required number of required enclosed parking spaces. The amendment would add definitions for carport, garage, covered parking space and enclosed parking space. If adopted, this proposed amendment would not significantly change the area as most new single family dwellings in this area do provide two enclosed parking spaces. Two family units can provide two enclosed parking spaces under the current property zone regulations. There would be a slight increase in the permitted floor area, thus there might be an increase in the bulk of the building, however, this would not be significant compared to the overall zone pattern in the area. Commissioner Ridgeway asked if there was a threshold dollar amount on the alteration before a homeowner would have to get a permit? He was answered that the current code is limited to covered parking, and refers to any alteration. Commissioner Ashley noted that if there is an enclosed parking garage then there is an inducement to add an additional 200 square feet of living area. If there is a covered parking garage, that 200 square feet is gone. Mr. Alford stated that the only area to be excluded is the 200 square feet used for the two enclosed parking spaces. Those spaces would have to be provided before adding that floor area elsewhere on the • 13 INDEX Item No. 4 A No. 866 Approved City of Newport Beach Planning Commission Minutes December 4, 1997 development. Commissioner Fuller discussed the alternative approach presented in the staff report on page six. What would happen would be to keep the maximum floor area at 2,520 square feet and deduct the 333 square feet which is the floor area required for covered parking which would leave a net non - parking floor area of 2,187 square feet. The maximum floor area is being increased to 2,720 square feet if given the 200 square feet. Staff confirmed these numbers noting by requiring a second parking space to be. enclosed that floor area would have .to be subtracted from the living area. Commissioner Selich noted that this is not really an incentive, rather, its that they don't get penalized as all the floor area is calculated on all covered and enclosed spaces combined. If someone was at their maximum floor area now and wanted to enclose their carport then they would have to eliminate 200 square feet in order to do that. Public Comment was opened. IsLee Sutherland, past President and representative of the Balboa Island Improvement Association spoke in support of this item. He stated that this effort is the culmination of 2 '/2 years of work and has been approved by both the Little Island and Big Island Boards (unanimous). It is a solution that meets the safety and concerns of the residents regarding enclosed garages and is "developmentally neutral ". This would allow a carport to be enclosed without tearing out 200 square feet of the house that already exists. The total living area does not change. The staff alternative was rejected by the residents during their discussions for reasons of fairness to allow someone to enclose a carport without having to give up living space. Commissioner Fuller asked about the possibility of a bigger bulk for new homes then before. He was answered that the residents understand this. In answer to Commissioner Adams' inquiry, Ms. Temple stated that many recent developments have taken advantage of the carport to increase the square footage of living areas. The lots on the island are the smallest in the City and quite valuable. There is a trend towards taking the non covered required space and leaving it open in such a manner as it would not count against floor area. The tendency is greater in duplexes. An enclosed garage would measure approximately 17 foot 6 inches for the interior width. Staff also noted that notices were sent to all owners of real property on Balboa Island, 14 INDEX City of Newport Beach Planning Commission Minutes December 4, 1997 Little Balboa Island and Collins Island. The lot size used in the analysis was approximately 30 x 85 square feet. Ian Harrison, architect stated that many of his clients on the island have attempted to put as much allowable buildable area in the house as possible so they are going towards a single car garage with a carport. This creates a minimal size garage, but this proposal will make it more usable and the single family and duplex will be on a more even level. Right now, a duplex is required to have two covered garage and a single family is required to have one enclosed space. The bulk of the buildings would not increase, but it would be a matter of enclosing the carport space. A duplex.is actually less square footage within the house area than a single family. Discussion followed on the following: • setback encroachment • garage dimensions • setback areas • carport notches • open space requirement not needed in R 1 District • parking in side yard Mr. Bob Calkins, 124 Crystal, Balboa Island - stated that when the R -1.5 was put into effect, all required parking was charged to the building. Then one covered parking space with a carport was allowed and now this proposed amendment would give an extra 200 square feet. There is about 425 square feet including the 25 square feet of storage that is allowable that has been removed from the non - buildable area when R- 1.5 was initiated. This is half of the non - buildable area. Trading a carport for a garage does have its advantages. The duplexes being built already have two garages so the additional 200 square feet does increase the bulk of the duplex. It does make the livable area the same. The residents and owners of the islands need to let you know if they want more space and evaluation of this amendment is proper or other measures need to be taken. Commissioner Fuller asked the speaker if this item was continued would the residents express their interest, to which he answered no. Don Bebety, Balboa Island - spoke on the area and size of the home he built and the problems he has had regarding his livable area in his house and in his apartment. He concluded stating that the area of the .garage should not be considered livable area. Ken Lindall, board member of the Little Balboa Island Property Owners Association and also of the Business District. They have 12 members on the little island and they feel they have adequately questioned and 15 INDEX City of Newport Beach Planning Commission Minutes December 4, 1997 talked to a lot of people on the street about this proposal. By allowing the enclosures of carports, it eliminates an eyesore which is one of the things people want to do as well as to increase security of their homes. The following people spoke in support of this application for similar reasons stated above: Steve Cheseboro, 1508 Park Avenue Richard Volk, Little Island (no address given) - equitable solution Doug Brownell, 216 Abalone Following discussion,. Commissioner Ashley confirmed that if this proposed amendment was approved as presented, any house or dwelling unit that does not have two enclosed garages would automatically become a non - conforming use. There can be no alterations in the existing house or dwelling until they get a modification permit. At that point they would be required to have two enclosed garages for a single dwelling unit. Ms. Temple noted that Bal non - conforming buildings Most duplexes have been proposed amendment wil buildings on the islands. T look at the proposal for a request. boa Island probably has more existing legal as to parking as almost any other place. n built with two parking spaces only. This I increase the number of non - conforming he purpose of a modification would be to greater compliance in association with the Public Comment was closed. Commissioner Selich in supporting this proposal, stated his concerns with unintended consequences of this proposal if this adopted. Everyone in the audience realized there is the ability to increase the bulk of a building with the 200 square feet and they understand the consequences of it. Commissioner Ridgeway, supporting this proposal, stated that he also believes that there will be unintended consequences. Building will be done on a lot size, a setback and with a floor area ratio. The intent is good to enclose garages creates safety, aesthetically it would make the islands look better and gives the ability to have the space back above the garages. Motion was made by Commissioner Ridgeway to recommend City Council for approval of Amendment 866. Commissioner Ashley supported this recommendation stating that Variances can be given to alleviate problems, and the modifications are also in place to help 0 16 INDEX City of Newport Beach Planning Commission Minutes December 4, 1997 Commissioner Ridgeway then amended his motion to include an alteration dollar amount of $10,000 or more before a modification permit would be required. It is not uncommon to have a dollar amount as a threshold. Staff commented that the only place a valuation approach is used is some undergrounding requirements in some parcel maps. The non- conforming chapter in the Municipal Code uses other parameters before which a modification permit might be required including repair and maintenance, number of spaces, minor alterations including bathrooms, closets and hallways, and the addition of rooms. Commission may wish to refer it back to staff in order to propose some alternatives on non - conforming provisions in relationship to this amendment. Chairperson Kranzley stated he would not be in support of a dollar amount due to cost of living increases and ability to keep up with increase of costs of labor and materials. Commissioner Adams stating that this is a key component maybe we should continue this item. Commissioner Selich stated that since we agree in principle with this why not let staff come up with the recommendations and present them to Council. Commission agreed and Commissioner Ridgeway withdrew the dollar amount. The Motion now reads: recommend to City Council revised language for non - conforming structures in association with approval of Amendment 866. Without objection, motion passed by acclamation. ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Planning Director regarding City Council actions related to planning - At the Council meeting of November 24th CouncilmemberTom Edwards was elected Mayor, Councilmember Dennis O'Neil was elected Mayor, Pro -Tem; Administrative Citations Ordinance was approved; appeal of TLA Restaurant was approved with an additional condition regarding signage; Bay Island PRD Use Permit was approved; the appeal of Windows on the Bay was continued and the Ordinance regarding Commercial Business Hours was introduced. 17 Additional Business INDEX City of Newport Beach Planning Commission Minutes December 4, 1997 b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Modifications were, approved for 3501 Jamboree Road, North .Tower, 356 Evening Canyon Road, 7308 West Ocean Front, 315 Ruby Avenue, 910 Zurich Circle, and 1019 Santiago Drive. c.) Oral report from Planning Commission's representative to the Economic Development Committee - the Economic Development Committee will not meet until the middle of January 1998. d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Public Access requirements on bay front properties on Balboa Boulevard. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Notice of special meeting at City Council on December 15th, all Commission members are requested to attend and Chairperson Kranzley is asked to give an update on the Commission. is f.) Requests for excused absences - Commissioner Adams asked to be excused January 8, 1998. ADJOURNMENT: 9:50 P.M. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION to 18 INDEX