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HomeMy WebLinkAbout12/09/1999• Planning Commission Minutes December 9, 1999 Regular Meeting - 7:00 p.m. 0 0 ROLL CALL CITY OF NEWPORT BEACH Commissioners Fuller, Tucker, Ashley, Selich, Gifford and Kranzley - Commissioners Tucker and Gifford were excused STAFF PRESENT: Sharon Wood - Assistant City Manager Patricia L. Temple - Planning Director Robin Clauson - Assistant City Attorney Tony Brine - Transportation Engineer Eugenia Garcia - Associate Planner Marc Myers - Associate Planner Ginger Varin - Planning Commission Executive Secretary Minutes of November 18.. 1999: Motion was made by Commission Fuller and voted on, to approve the minutes of November 18, 1999 as amended. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None Public Comments: None y ,• The Planning Commission Agenda was posted on Friday, December 3, 1999. Minutes Approved Public Comments Posting of the Agenda 0 City of Newport Beach Planning Commission Minutes December 9, 1999 SUBJECT: 407 Bolsa Avenue Vance Collins and Ian Fettes (applicants) • General Plan Amendment 91 -2 • Amendment No. 894 • Resubdivision No. 1075 • Modification No. 4954 Request for a General Plan Amendment to change the land use designation from Retail and Service Commercial (SP -9) to Two - Family Residential, to allow for the construction of attached two- family residential subdivision. The application includes: • amending Specific Plan No. 9 to remove the two lots from the plan, • amend Districting Map No. 25 to rezone the property to the R -2 District, • a resubdivision to create two parcels and allow them to be used for condominium purposes, • a modification permit to allow: ➢ a 2 foot encroachment into the 4 foot side yard setbacks with a fireplace woodbox, and ➢ a 2 foot building encroachment into the rear 10 foot setback area, and ➢ property line walls ranging from 6 feet up to 12 feet in height in the front and side setback areas where the Code limits the height of walls and fences to 3 feet in the front setback and 6 feet in the side and rear setbacks. Ms. Temple stated that the applicant has requested that this item be continued to January 6, 2000. Motion was made by Commissioner Kranzley to continue this item to January 6, 2000. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None SUBJECT: Dolin Residence Retaining Wail 1541 Dolphin Terrace Modification Pen-nit No. 4968 • Acceptance of a Negative Declaration Request to permit the construction of a 15 foot high rear yard retaining wall with a 3 foot guardrail on top, which exceeds the permitted 6 foot height limit in the side and rear yard setback areas. The proposed retaining wall is intended to stabilize an unsafe slope and reclaim a portion of rear yard lost due to INDEX Item No. 1 GPA 91 -2 A No. 894 Resub No. 1075 Modification No. 4954 Continued to 1/6/2000 Item No. 2 Mod. No. 4965 Acceptance of a Negative Declaration Continued to 1/6/2000 City of Newport Beach Planning Commission Minutes December 9,1999 erosion. The retaining wall will reclaim approximately 29 feet of rear yard surface area which previously was slope. Chairperson Selich stated that this application has generated a lot of opposition letters received by the Commission and also, it has not been reviewed by the architectural committee of the Homeowners' Association. He proposed that the Commission ask the applicant if he would be willing to continue this item. This will allow him time to go back to the association and neighbors for review, and then bring the application back to the Commission. Commissioner KranzJey stated that he is uncomfortable hearing this application prior to the review by the Homeowner's Association. He noted his concern with the negative correspondence received this past week and encouraged the applicant to ask for a continuance on this matter. Commissionioners Ashley and Fuller noted the same sentiments. Public comment was opened. Ray DeSalle, landscape architect of Peter Brandow Associates, on belhof of Mrs. Dolin stated that the applicant wants to be a good neighbor and would welcome working with the architectural committee of the association. At Commission advice, he asked for a continuance to January 6, 2000. Chairperson Selich suggested the continuance of thirty days within which the applicant would be able to work with the neighbors and the Homeowner's Association. Public comment was closed. Motion was made by Commissioner Kranzley to continue this item to January 6, 2000. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None •as SUBJECT: Extended StayAmerica 4881 Birch Street Accept the Negative Declaration as adequate for approval of the project; and • Adopt Resolution recommending approval of General Plan Amendment No. 99 -2(A); and 3 INDEX Item No. 3 GPA 99 -2A Use Permit No. 3665 and Acceptance of a Negative Declaration City of Newport Beach Planning Commission Minutes December 9, 1999 • Adopt Resolution recommending approval of Planned Community Amendment No. 897; and • Use Permit No. 3665 • A Trip Generation Study Request for a General Plan Amendment, PC Amendment, Use Permit and a Traffic Study to allow the construction of a 164 room extended stay hotel. The General Plan Amendment will increase the square footage entitlement permitted on the site, the PC Amendment involves text modifications to the development standards including, but not limited to: designating Parcel 1 of Retail and Service Site 1 for hotel use, increasing the square footage entitlement to accommodate the construction of the new building, and establishing a 60 foot height limit for the new hotel site. A Use Permit is required for the establishment of a hotel. Commissioner Kranzley asked about a trip generation reduction and how it is reflected in the model. Ms. Temple answered that if the General Plan Amendment is approved, the database will be altered to reflect the new use and the old use will be taken out. Commissioner Kranzley then asked about the required parking spaces (164). Does this take into consideration the parking for the employees? Staff answered that it is all- inclusive. The actual requirement for hotel parking is one space for each two rooms, however, based on this type of use, that a more appropriate requirement would be one per room. The applicant is actually providing greater than that. Commissioner Fuller, referencing page 24 of the Checklist Explanations, asked about the surface parking stalls that are provided. It indicates 173, which is not consistent with the plans that indicate 185 parking stalls. Which one is correct? Mr. Myers answered that initially the project was proposed for a few less rooms. The applicant was providing for 173 parking spaces, which is in excess of our parking requirement. Since the time of the original proposal, a few more rooms have been added and the applicant is adding more parking (185), as there is more available space on site. Commissioner Fuller asked about the architectural style, finish and color of the building matching the existing development. Staff answered that the development will be consistent to the surrounding style of the area. The applicant has brought renderings as exhibits. Chairperson Selich asked about the trip generation rate that was used on this kind of a hotel. INDEX Approved City of Newport Beach Planning Commission Minutes December 9, 1999 Commissioner Kranzley, referring to hand - written page 94, read that, 'based upon the average trip generation rate of the two sites, the typical Extended Stay America facility would generate 4.62 trip -ends per day per occupied room with 0.29 vehicles per hour per occupied room during the AM peak hour and 0.37 vehicles per hour per occupied room during the PM peak hour." Tony Brine, Traffic Engineer, explained that when the trip generation study was prepared, the consultant did a review of the existing Extended Stay America facilities in three locations. These generation rates were based upon the numbers (actual counts) of the existing facilities. This is a different type of hotel use than the regular uses which is why a trip generation study was done as opposed to using a regular ITE rate. Public comment was opened. Lance Potter, Extended Stay America of 100 West Monroe Street, Chicago, Illinois. He stated that he handles the real estate acquisition for the Extended Stay America corporation. He explained that the company: • started in 1995; • now is a national chain of 360 hotels; • the hotels are owned and operated by Extended Stay America, which is based in Fort Lauderdale, Florida; • the first hotel in Southern California opened about two and one half years ago and there are now 14 locations with two more under construction; • the hotels are unique as each guest room contains: a full kitchen with a refrigerator, twin burner stove, microwave, coffeemaker and kitchen sink • hotel does not offer meeting rooms, restaurant or lounge; • designed for guests needing to stay in an area one to four weeks; • the company sees a real opportunity in Newport Beach as there are no hotels that offer kitchens in the guest rooms (with the exception of one) and there is a need for this type of service in the area; and • the project is comprised of 164 rooms. Commissioner Kranzley asked about the average length of stay. He was answered that the average among the other Southern California Extended Stay America hotels was 16 nights. Commissioner Fuller asked about the number of employees in this proposed hotel. He was answered there will be a maximum of 8 with maid service and laundry facilities on site. Mike Gallen, Senior Construction Manager of Extended Stay America referencing exhibits, explained: • maximized the available parking spaces maximized the landscaping on site • four floors with first floor lobby, guest laundry facilities with vending t INDEX City of Newport Beach Planning Commission Minutes December 9, 1999 machines and a house laundry on site • no restaurant or convention facilities that would increase the parking and traffic • trip generation rates were based on approximately 90% occupancy Commissioner Kranzley asked staff if a hotel restaurant or anything else were to come on this site, the applicant would have to come back to the Planning Commission? He was answered that any change to the use permit would require the applicant to come back for an amendment, as they would not be in substantial conformance with the use permit. This would hold true with any new owner of the project. Chairperson Selich asked for and received an explanation of the landscape plan. Mr. Potter explained that he has gone through a design review with the Kali Center Newport for both architectural and landscape designs. A copy of the preliminary approval from Kali Center Newport is part of the staff report. The original landscape plan did not have all of the trees required, so we added a few more trees based on that requirement. The plan includes all of the trees that are within the Koll Center plan. Most of the trees are 24" boxes and a good size. We anticipate keeping the landscape buffer that is along Birch and Von Karmen. One of the conditions was to add a sidewalk along Birch and in doing that we will either bring it along the street or meander it through and have to relocate a few of the trees that are already there. The landscape along the parking structure will be maintained as the existing buffer towards the north. Public comment was closed. Commissioner Kranzley noted that there is generally some type of condition with regards to landscaping. There does not seem to be one with this report. Mr. Myers answered that staff is of the opinion that the Kali Center Plan Community landscape requirements are adequate in this case. These standards of the Planned Community the applicant will need to adhere to. However, if the Planning Commission desires, a condition can be added. Commissioner Kranzley stated that he would prefer that, even if it is the site plan approved by Kali Center. Motion was made by Commissioner Kranzley to amend condition number one and include, landscape plan, and accept the Negative Declaration as adequate for approval of the project; and adopt Resolution 1510 recommending approval of General Plan Amendment No. 99 -2A and adopt Resolution 1511, recommending approval of Planned Community Amendment No. 897 and approve Use Permit No. 3665 and accept a Trip Generation Study 6 INDEX City of Newport Beach Planning Commission Minutes December 9, 1999 with the findings and conditions in Exhibit A. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None EXHIBIT "A" FINDINGS, MITIGATION MEASURES AND CONDITIONS OF Mitigated Negative Declaration General Plan Amendment No. 99 -2(A) Planned Community Amendment No. 897, and Use Permit No. 3665 A. Mitigated Negative Declaration: Findings: 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 3. There are no long -term environmental goals that would be compromised by the project. 4. No cumulative impacts are anticipated in connection with this or other projects. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. The contents of the environmental document have been considered in the various decisions on this project. Mitigation Measures: During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: F] VkVol: K1 City of Newport Beach Planning Commission Minutes December 9, 1999 a) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune; and c) phasing and scheduling construction activities to minimize project - related emissions. 2. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce odors from construction activities. 3. During construction activities, the project will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.10). 4. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 5. The project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays. 6. Prior to the start of construction activities (e.g. demolition of existing building), a construction traffic control plan shall be prepared which includes the haul route, truck hauling operations, construction traffic flagmen, and construction warning /directional signage. Prior to the commencement of construction activities, the project applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. B. General Plan Amendment No. 99 -2(A) : Adopt Resolution No. - (Attached) recommending to the City Council the adoption of General Plan Amendment No. 99 -2(A). 8 INDEX City of Newport Beach • Planning Commission Minutes December 9, 1999 C. Amendment No. 897: Adopt Resolution No. (Attached), recommending to the City Council adoption of Amendment No. 897. D. Use Permit No. 3665: Findings The Land Use Bement of the General Plan designates the site for 'Retail and Service Commercial' uses and a hotel is a permitted use within this designation. 2. The proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. 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, 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 was considered prior to approval of the project. 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 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. A trip generation study has been prepared which analyzes the expected trip generation for the proposed hotel, and verifies that the proposed project generates fewer trips than the existing use, and has been reviewed and approved by the City 0 •I I.I117 City of Newport Beach Ol Planning Commission Minutes December 9, 1999 Traffic Engineer. Approval of Use Permit No. 3665 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The hotel use is compatible with the surrounding professional office and general commercial uses in the area since hotel uses are typically allowed in commercial districts as a support use. • The hotel operation is compatible with the character of the neighborhood since the surrounding buildings are mid and high -rise structures consisting of office uses. • Adequate on -site parking is available for the proposed use. • There are no significant aesthetic impacts. • The hotel use will not result in adverse traffic impacts. • Adequate provision for vehicular traffic circulation is being made for the hotel facility. • The proposal includes no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Conditions: The development shall be in substantial conformance with the approved site plan, floor plans, landscape plan and elevations, except as noted below. 2. The approval of Use Permit No. 3665 is subject to final City Council approval of GPA 99 -2 (A) and Amendment No. 897. 3. The project shall provide 185 parking spaces on site. 4. All employees shall park on -site. 5. All trash areas shall be screened from adjoining properties and public streets. 6. The access rights to Von Korman Avenue and Birch Street have been dedicated to the city except at existing driveways per 10 INDEX City of Newport Beach Planning Commission Minutes December 9, 1999 Parcel Map 76/45. No additional driveways are permitted on the Von Korman Avenue or Birch Street frontages. Prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 8. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. Standard Requirements: The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The proposed hotel facility and related parking shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 3. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. E INDEX City of Newport Beach Planning Commission Minutes December 9, 1999 5. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of any required public improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 6. Section 19.20.030(f) of the Subdivision Ordinance is waived and grades of more than 7% shall be permitted as approved by the Public Works Department. 7. The final design of the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer. 8. Intersections of private drives and adjacent streets shall be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape, walls, signs and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 9. Sidewalk shall be constructed along the Von Korman Avenue street frontage. The sidewalk shall be eight (8) feet wide to match other sidewalk along Von Korman Avenue. All work shall be completed under an encroachment permit issued by the Public Works Department. 10. Street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 11. A drainage study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer, and storm drain facilities for the on -site improvements prior to the issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water, and sewer systems shown to be required by the study shall be the responsibility of the developer. 12. Public Works Department plan check and inspection fees shall be paid. 13. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110-L. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by 12 01110 City of Newport Beach Planning Commission Minutes December 9, 1999 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. A traffic control plan shall be reviewed and approved by the Public Works Department. 15. Public easements and utilities crossing the site shall be shown on the grading and building site plans. 16. Overhead utilities serving the site shall 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. A fire protection system acceptable to the Fire Department shall be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 1B. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 19. 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. 20. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. • +s SUBJECT: 900 Sea Lane (Tim McSunas, applicant) 1995 Shores Partners, L.P. • Tentative Tract Map No. 15829 • Modification Permit No. 5002 • Acceptance of a Negative Declaration Request to subdivide an existing lot containing 7.5 acres of land into a single parcel of land in conjunction with the development of a 90 unit attached and detached residential condominium project on property located in the MFR (Multi - Family Residential) District. Also included is a request for a 13 INDEX Item No. 4 TIM No. 15829 Modification No. 5002 Acceptance of a Negative Declaration Continued to 01/06/2000 • City of Newport Beach Planning Commission Minutes December 9, 1999 modification to allow detached structures to be built 6 feet apart, where the Code requires 10 feet minimum. Ms. Temple noted that the applicant has requested that this application be continued to the meeting of January 6, 2000. Motion was made by Commissioner Kranzley to continue this item to January 6, 2000. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None SUBJECT: Calculation of residential maximum floor area limits Amendment No. 895 An amendment to Section 20.10.030 (Property Development Regulation M), Section 20.10.040 (B -2) and Section 20.41.060 (Property Development Regulation 1) of the zoning Cade to partially exempt elevator shafts and similar vertical shafts from the calculation of residential floor areas. At Commission inquiry, Ms. Temple noted that any useable floor area in excess of 48 inches is counted as floor area under the Zoning Code, if it is accessible. She then explained that the exception refers to internal shafts and includes a list of examples such as elevators, dumb waiters, ventilation and similar vertical shafts so it is intended that internal shafts count only on one level. If some other type of internal shaft that was not listed in this list but is otherwise similar in nature, the Planning Director could then determine if it substantially met the definition and benefit from the some exception. Public comment was opened and then closed. Motion was made by Commissioner Ashley to adopt Resolution No. 1512 recommending approval of Amendment 895 to the City Council. Ayes: Fuller, Ashley. Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None 14 INDEX Item No. 5 A No. 895 Approved 0 City of Newport Beach Planning Commission Minutes December 9, 1999 INDEX ADDITIONAL BUSINESS: Additional Business a.) City Council Follow -up - Assistant City Manager Sharon Wood reported that at the last meeting City Council adoption of the annual report on the status of the General Plan. b.) Oral report from Planning Commission's representative to the Economic Development Committee - none. C.) Oral report on status of Newport Center General and Specific Plan program - Mrs. Wood reported that the revised schedule is on time to accommodate changes to the traffic model. All of the property owners are in agreement with the revised schedule. d.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Fuller asked for and received an oral report on the Speedway Restaurant closure conditions. e.) Matters that a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f.) Requests for excused absences- none. a x s ADJOURNMENT: 7:45 p.m. Adjournment RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION W