HomeMy WebLinkAboutPC MinutesPlanning Commission Minutes 06/17/2004
CITY OF NEWPORT BEACH
• Planning Commission Minutes
June 17, 2004
Regular Meeting - 6:30 p.m.
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INDEX
ROLL CALL
Commissioners Eaton, Cole, Toerge, McDaniel, Selich, Kiser and
Tucker -
Commissioners Kiser and Toerge are excused.
STAFF PRESENT:
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Jeff Goldfarb, Consulting Attorney of Rutan and Tucker
Rich Edmonston, Transportation and Development Services Manager
Gregg Ramirez, Assistant Planner
Ginger Varin, Planning Commission Executive Secretary
PUBLIC COMMENTS:
PUBLIC
COMMENTS
None
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on June 11, 2004.
CONSENT CALENDAR
SUBJECT: MINUTES of the adjourned and regular meeting of
ITEM NO. i
June 3, 2004.
Approved
Approved as amended and ordered filed.
Motion was made by Chairperson McDaniel to approve the minutes
as amended.
Ayes:
I Eaton, Cole, McDaniel, Selich and Tucker
Noes:
None
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Absent: Kiser, Toerge
Abstal I None
x.�
HEARING ITEMS
SUBJECT: Group Homes in Residential Zones (PA2004-
102)
The proposed amendment will establish new definitions applicable to group
homes and amends where and how group homes may locate and operate
within residential zones.
Attorney Goldfarb, special counsel, noted the following:
The attorneys met with Darren Cottriel of Pillsbury Winthrop,
LLP attorneys for Linda Orozco and Denys Oberman.
. A number of changes have been made resulting from the first
Planning Commission public hearing and are contained in the
staff report:
1) Definition of 'campus' - means three or more buildings being
used together for a common purpose where one of the buildings
provides a service for the users of all the buildings.
2) The Planning Commission is going to be the agency that is
responsible for looking at what was previously called a
reasonable accommodation and has now been changed to a
'Federal Exception Permit.'
3) The factors applicable to a 'reasonable accommodation' or a
'Federal Exception Permit as it is now called, have been
changed. A number of criteria have been added.
4) We have clarified that the process for a 'Federal Exception
Permit is a public hearing process with notice and hearing prior
to a determination by the Planning Commission.
At Commissioner inquiry, Mr. Goldfarb noted:
There are a number of findings that the Planning Commission
must make in order to grant a Federal Exception Permit and are
contained in C.3 in the draft ordinance.
The second finding relates to whether the applicant is operating
as a single housekeeping unit. All residential uses in the City
are required to operate as a single housekeeping unit. If the
applicant is not operating as a single housekeeping unit and
they have seven or more residents in the facility, then it would
not qualify for a Federal Exception Permit. Operating as a single
housekeeping unit is that you don't have a high degree of
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ITEM NO.2
PA2004 -102
Recommended
for approval
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individual transition within the living group. Typically a family
• does not swap out its children on a regular basis. Living as a
single housekeeping unit is a lack of transiency amongst the
group itself. An example of unstable occupancy would be for
instance, a group home of forty residents and the residents were
constantly changing, so within the course of a year that group
home had approximately 170 different residents. That was a
high degree of transiency, and that high degree of transiency
plus other factors, demonstrated that they were not living
together as a single housekeeping unit.
Commissioner Selich affirmed that this would refer to what the status
of the property would be after the applicant has the permit for the
group home.
Continuing, Mr. Goldfarb added:
• Item 3 states, to the extent authorized by law, considerations in
terms of issuing whether, and to what extent, a Federal
Exception Permit can be issued, include whether the granting of
the Federal Exception Permit will substantially cause traffic in
the area of the project to exceed the acceptable standards of
significance; whether the granting of the Federal Exception
Permit will operate in a manner substantially out of conformance
with the manner in which the surrounding neighborhood
operates; whether the granting of the Federal Exception Permit
will generate substantial amounts of commercial traffic in the
neighborhood; and whether it will result in a 'campus' in a
residential zone.
• All of these are designed to ensure that the standards that are
applicable to the group home are the same standards that are
applicable to other residential uses in the same zone.
• If different standards are applied than the standards applicable
to residential uses in that zone, then we violate the Federal Fair
Housing Act (FHAA) because we are in essence, discriminating
against that particular type of use.
• The goal was to go through the City Code try to come up with
the standards that would generally be applicable to residential
uses and equally make sure that they were applied to the group
homes.
• At Commission inquiry, he noted that an example of traffic
violation would be if it was a significant traffic generator such
that it violated the City's standards of significance for whatever
roadway people are using to get there. If it violated the Level of
Service (LOS) standard that are applicable in the area, that
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would be a grounds for not approving the Federal Exception
Permit. The City would have the ability to perform a traffic study,
and always has the ability to do its own investigation on an
application.
. There could be a situation if it was a house that on a. regular
basis, or an institutional bases, drew a lot of users to that house
for some particular purpose, say for a meeting. If the traffic
generated when those meetings were occurring was in excess
of what is permitted in the City Code, then that would be a
problem.
. If after the permit was issued, it was then shown to have those
negative impacts, the Planning Commission would have the
ability to call it back for review and would be a grounds to modify
the permit to make sure the violation did not occur again, or
revoking the permit.
Commissioner Cole asked for explanation of the 'campus' definition.
Is there a federal standard or legal issue related, and can we impose
greater restrictions in the form of conditions of parking in the event of
a 'campus' environment?
Mr. Goldfarb answered.
. Having a series of three, four or five homes and one of those
homes serving as the dining room for all of them, in essence,
what you have is an over - concentration of individuals coming to
a single house for a particular service. It creates a situation as
if that home had that number of people in it. It would be a much
more intense use than otherwise would be the case based on
the number of people that reside in that particular home.
• The idea was to try to address the situation where the
occupancy spikes significantly because one of the buildings is
functioning as a particular location for many different buildings.
• There is no specific federal standard that applies to campus.
There is not even a federal definition that applies to campus.
Three seemed to be a reasonable number to suggest that you
are creating a critical mass and that is what we were looking to
do.
• If it is a campus situation, then it is not permitted as a use so the
issue of conditioning does not come up.
Commissioner Tucker noted that following the rational of campus
concept having one facility being utilized by two other buildings, why
would it be different if those same people instead of residing in
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adjoining buildings were brought in? You will still have the same over-
use, is it somehow less offensive if they have come in via van, rather
than live in buildings next door? Why is there a distinction?
Mr. Goldfarb answered that what they were trying to deal with is a
situation where the campus is institutionalized. It may be in certain
circumstances that people are ferried one way or another into a
particular building. What we tried to do was distinguish it from
situations that apply to the standard residential use. Some individuals
have parties at their houses perhaps more than the average
individual, but people are allowed to do that. We were dealing with an
institutional situation where when you have a particular building that is
designated as being the dining hall for a number of other satellite
buildings, that is substantially different from the individual who every
Saturday night has a party. That was our best attempt to try to
address the problem, but not do it in a way that is different than the
way that we typically deal with the City's standard residential uses.
Commissioner Tucker noted this is a commercial enterprise and the
law requires us to not do anything about it as long as the intensity of
that use is effectively no different from what a single family use could
or would be in the same zone. The reality is, the intensity of the
commercial use steps over the line. I am not sure that we have
anybody that operates their own home the way that these rehab
centers seem to operate their business. We are trying to say that
somebody could operate their home in this type of fashion, but if we
actually had people that did on a purely private basis, we would start
looking at ordinances to say that is enough, you are stepping into a
commercial mode. What would stop somebody from having parties in
their houses and charging people?
Mr. Goldfarb answered that the problem is that Federal law does not
focus on the limitation in terms of the intensity of uses. The intensity
of use may be higher than the intensity of virtually every other
residential use in the community. Federal Law does not say you get
to regulate it based on intensity. What Federal law says is you are
simply not allowed to create different regulations that apply to these
uses in a way that wouldn't apply to a regular residential use. For
instance, the City comes up with an ordinance that allowed residents
to have only X number of people coming to their homes X number of
times a week. If that applied to the average residential use, then that
would equally apply to group homes. The analysis, in terms of what
Federal law limits us in doing, is the regulation different than the
regulation that applies to ordinary residential uses? What Federal law
says is that the City must consider these things to be regular
residential use.
Commissioner Tucker asked what the consequences would be if we
were to pass and attempt to enforce a law that was found to be
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inconsistent with Federal law? What happens to the City?
Mr. Goldfarb explained that the lawsuit that would be brought would
be one for violation of the Federal Fair Housing Act. Whether a civil
rights action could be brought or not, depends on analysis of the
case. He stated he was not sure of what the measure of damages
would be for the City of Newport Beach.
Commissioner Tucker noted that it is hard to judge when someone is
stretching the limits of a commercial operation. It seems that
something could be passed citywide that would address a
commercial operation in a residential zone. One of the things to
consider if we come up with a law that tries to limits things that could
happen in anybody's residence in that zone, what is the consequence
if we were to lose that case.
Mr. Goldfarb noted his concern is that he is not aware of a single case
where the court has said to a City, yes you are right, that is a
commercial use in a residential zone and therefore you are allowed to
prohibit it or regulate it as a commercial use.
Commissioner Tucker answered that by defining what is a residential
use and having limits on it, you really haven't called it a commercial
use, you haven't needed to make that distinction. You just said, in
terms of meetings and people in a given location, here is what the
standards are. It would have the same result.
Mr. Goldfarb noted that if the City had an ordinance that prohibited a
certain number of people coming to your house over a certain period
of time that was equally applied to all residential uses in the City, it
would not be discriminatory. It would have to be something that
applies equally. That is really the touchstone of the federal
regulation. The FFHA is geared toward prohibiting discrimination.
Federal law in all of the cases are very clear in the way that they say
that the Federal Government has concluded that there is a significant
public benefit that is achieved by having group homes in residential
zones and integrates people in group homes into a residential
community. That is the basic purpose of the law.
Commissioner Tucker noted he agrees with that. However, at what
point do you say that is not really trying to integrate people into an
area in a group home context, that is just pure unbridled commercial
enterprise in a residential neighborhood. Otherwise it is an impossible
task for you to come up with and for us to decide on, we are not really
getting to the issue which is how much is too much. Maybe we install
a standard in a community that generally likes to let people do to their
property what they see fit. Maybe there comes a point where we put
the same regulation on everybody in the City when we are really
concerned about a few abusers.
Commissioner Eaton asked about the list of questions that he had
sent to Mr. Burnham:
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Mr. Goldfarb answered:
is . The standard health, safety and welfare detrimental to property
or improvements in the vicinity has not been included as a
finding as including this language would be too broad. The
FHAA will not allow us to impose such broad standards as they
are not equally applicable to residential uses in the residential
zones.
. The next question related to the criteria used for the Federal
Exception Permit being applied only in violation of the Municipal
Code and the discretion of the Planning Commission.
Ms Clauson explained that in the context of the Federal Exception
Permit, the idea is that of a consideration. Would this use, as has
been shown to occur, create problems that would violate the Municipal
Code. It would be a basis for a finding of denial, even though it would
apply anyway, it would be something to look at and say commercial
traffic regulations that we might have, or truck sizes on certain
residential streets, or to the extent that there might be any traffic
impacts that are specifically outlined that they are the same
regulations that we have for traffic and other types of uses in the City.
Then those are the types of things that it would be applied to and
looked at perspectively as opposed to yes of course it is enforceable
anywhere in the City.
. Continuing, Mr. Goldfarb added:
• Part of the function of the Planning Commission in the process
is to be a fact finding body. The reason for the hearing is for the
Planning Commission to make the determination on whether the
facts are present to either approve or deny the application. It
may not be the kind of discretion that is typically applied in a
conditional use permit (CUP) type context, but there is an
important role for the Planning Commission to perform and that
is to perform in a quasi adjudicatory capacity.
• The last question relates to why have we continued to suggest
that the seven or more facilities can operate in the R1.5 and the
R -2 zones. No new basis have been discovered for the rational,
which is that the City's R -1.5 and R -2 zones have historically
been created such that they are typically different than the R -1
zone. It becomes very difficult to go into court and say that
these zones are so much like the R -1 zone that there is not the
kind of turnover that the R -1 zone has such that it requires it be
treated like an R -1 zone.
• The campus definition has been clarified. He then noted two
correspondences from Mr. James C. Person and Mr. Daniel
Carlton regarding this standard. The issue that made the
standard ambiguous was it didn't describe where the buildings
• were located for the purpose of figuring out is it or is it not a
campus? He then read the entire definition as revised: 'Campus
means three or more buildings in a residential zone within a one
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block radius of each other being used for a common purpose
where one of the buildings provide a service for the users of all
of the buildings, such as when one of the buildings serves as a
kitchen or food service area for the users of the several
buildings.'
. We added that the buildings are in a residential zone. The
reason this is important is because if all the residents of those
buildings are taken someplace in an industrial or commercial
zone, then it isn't an issue for the operation of the residential
zone. We didn't think the campus issue played into that.
. The other thing is that the buildings be located within a one
block radius of each other. The attempt is to try and bring it
within the confines of the one case where the court has upheld a
campus regulation.
Commissioner Eaton noted when there was a previous discussion
with Commission Tucker that even if the residents were being shuttled
in from a further distance that could create the intensity which could
create the problems. Apparently now that would not be part of the
campus definition.
Mr. Goldfarb answered that was not included in the definition. That is
not to say that you are not creating that kind of intensity when people
are being bussed in. That was not something that I had considered
when I drafted this definition. I have not seen a case where that issue
has been addressed. There is one case that spoke to the issue of
campus. The court addressed it in terms of 'ghettoization'. What the
court said is if the purpose of having group homes in a residential
zone is to integrate people into an ordinary residential community,
then you are to some extent defeating that purpose if what you are
doing is creating a campus internally focused that really does not have
an interaction with the community that is around it. The court
suggested that at some point the facility operates in a way that it is so
large that it is inward facing and provides all its own services, where
there is not that kind of integration with the community, where in
essence everybody's neighbor is, for purposes of the FHAA,
handicapped, so there is no integration. The case was dealing with a
physical campus, and that is why we drafted the language the way
that we did.
Chairperson McDaniel asked about the definition of a block. If one
house is on the east end of the 100 block and the other house is on
the west end of 200 block they are a block away, but they are
essentially across the street from each other.
Mr. Goldfarb answered that his thought with a one block radius is in
essence, you take a block and then draw a block around it and bring
that in.
• Commissioner Selich asked what the criteria was for not including the
R -A and R -1 in the Federal Exception Permit? How did you draw the
line between R -1 and R -1.5.
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Mr. Goldfarb noted that the criteria of uses with seven or more
persons is simply not permitted in those zones. The R -1.5 zone
operates substantially differently than the R -1 does.
Ms. Clauson added that historically the R -1 is more the single family
residence without the higher weekly rentals, for either summer /winter.
Commissioner Selich noted this is an occupancy standard. Are you
saying that we have to do this because we have to integrate these
facilities in the community and in the residential neighborhoods and
we have to do it equally, but yet you are saying that in an R -1.5 they
are permitted, but not permitted in the R -1. How are you meeting the
criteria of the Federal law if you are excluding them out of the R -1
zone and allowing them in the R -1.5.
Mr. Goldfarb answered that the standard for people living in the R -1
zone is that individuals living there have to live as a single
housekeeping unit. It was our estimation that was not occurring if we
drafted it differently.
Ms. Clauson added that the R -1 zone is more of a single family
household, less turnover, less transiency as far as not the individuals
within the house operating as a single family unit, but the turnover in
the rentals. You have a high turnover of people coming and going in
the weekly rentals. The R -1 operates more as a single family, low
turnover, owner occupied residential area as opposed to the ones that
have the higher turnover as far as the family rentals with students.
At Commission inquiry, Mr. Goldfarb added that we believe we are
complying with the Federal law in those districts and not exempting
ourselves by the way the ordinance is drafted.
Commissioner Selich noted that this is still not right in the R -1.5 and
R -2 districts because many of those districts operate substantially as
single family residential districts even though they are zoned R -2.
Areas like Corona del Mar, where you have a lot of R -2 zoning but
there are blocks where it is all single family homes. Or, if it is not
single family homes, it is duplexes that have been turned into
condominiums and are effectively operating as single family units
even though they are two units on a lot. They don't have turnover if
they are ownerloccupied condominium units. There are some areas
in the City in the R -2 where you have higher density units, like
triplexes up to a sixplex. There are a lot of areas that are operating
essentially as a single family. By making the definition of where they
are permitted or not permitted just based purely on the zoning and not
looking at geographic areas seems like we are taking some areas in
the City that are essentially single family in character and allowing
these uses to go in. If they were zoned R -1, we wouldn't do that.
Mr. Goldfarb answered that may be. It may well be that we are
struggling with the fact that there are some R -2 areas that operate
more akin to an R -1 area. But to the extent that they remain R -2
areas, we have to deal with those R -2 areas as the other R -2 areas
operate. Perhaps the answer to that problem is to rezone those areas
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to something other than R -2.
Commissioner Selich asked what the consequence would be of
drawing the line rather between the R -1 and R -1.5, drawing it between
the R -2 and the MFR. What would be the consequences or problems
if we take the R -1.5 and the R -2 areas and analyze them and came up
with areas that were primarily single family in nature and applied this
in some type of overlay format that would apply one standard to rental
areas and one standard to single family areas.
Mr. Goldfarb answered that we would have a difficult time establishing
the factual basis in a challenge to prevail. That may be a valuable
exercise, and we could distinguish then between zones and provide
different zoning designations through an overlay. In effect that would
isolate zones that are in essence R -1 zones and they could be treated
accordingly.
Commissioner Cole affirmed that the draft ordinance defines campus
as it would apply when it is necessary to grant or deny Federal
Exception Permit. If a residential care limited for those homes that are
six or under are permitted in all zones therefore the campus definition
would not apply in those cases. If there were three or more houses
together in those situations then it would apply.
Public comment was opened.
• John Stearman, Narcanon of Southern California, referencing the
letter from their attorney, noted they support the ordinance as long as
it was compliant with Federal and State laws and regulations.
Continuing, he noted:
• Concerned with the Federal Exception Permit definition.
• He asked how the transiency issue is not applied to all the
rentals in the City as well.
• The permit requires findings for traffic. The proposed hotel for
the peninsula, traffic and congestion there could be more than
one home could create.
• The definition of campus should be addressed.
• There are residential areas with churches and American Legion
Hall, etc. where they have a lot of transients on a regular basis.
• He asked that whatever is applied to his facility, should be
applied citywide.
Commissioner Tucker asked that the use intensity that Narcanon is
putting the properties to, is that something that you have given any
consideration to reducing? What has brought the issue to the
forefront is that Narcanon has taken the use that is a granted use and
keeps pushing the intensity. You have people who have bought in the
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residential neighborhood and now they have this new neighbor that is
trucking in more new neighbors. It gets to the point that you look at it
and say this can't be what the law meant, and if it did mean that then
maybe we need to change our local ordinances as our attorneys
advise.
Mr. Stearman answered that they cooperate with the neighbors.
Sometime ago they used to have events related to Narcanon and
because of neighbors concerns in the residential area, those were
eliminated.
Jerry Marshall, 1810 West. Oceanfront, with Narcanon, noted that
recovery is needed and changes people for the better. He noted that
this item was originally brought up by people who discriminate people
who are in recovery. Discrimination is an issue that needs to be
brought up and discussed. The issues of campus and lack of
transiency of people in group homes goes against providing
reasonable accommodations. This ordinance must be made less
restrictive in order to comply with the FHAA.
Mr. Goldfarb noted:
Transiency standards can be imposed in the same zones where
houses are on a short term rental because the transiency
focuses on the individuals within the living group changing. That
is different than the duration of a rental period for the unit itself.
• Commissioner Tucker told the audience not to speak on the need of
these services, the Commission understands that. This item has to
deal with the intensity of the services and regulation of that intensity to
the extent that the Commission can. If you have personal
experiences, that's great. However, that is not the issue tonight.
Please limit comments to zoning issues only,
Dave Silva, Director of Community Relations of Warner Springs,
related a story on the community involvement of Narcanon. He asked
for the Commission support.
Commissioner McDaniel stated that the Commission understands the
work of rehab facilities. The Commission can only control zoning
issues. He asked that members of the audience should relate zoning
issues only.
Sally Knara, founder and director of Parent Help USA, and Mothers
Against Child Abuse. She noted that she has been in the City with
several shelters. She noted that there is discretion in every law and
that up to 85% child abuse occurs under the influence of alcohol and
drugs. She asked that the Commission support Narcanon.
Rich Reuben, attorney with Pillsbury Winthrop noted:
. Campus issue - the number of three buildings does not make
any sense. A definition of three buildings means a large
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apartment complex with all those specific impacts.
. One block radius - given the distances on the peninsula, he
suggested that yardage be used to make more sense.
. Other local cities have adopted stricter ordinances. For
example, Irvine requires CUP's for over 7 occupants recovery
facilities; Costa Mesa requires CUP's and reasonable
accommodation approval processes. Why does Newport Beach
have a less restrictive ordinance?
. At the May 20th meeting, an audit was requested to determine
the size, location, character, and type requirements of existing
facilities. Before you approve an ordinance, you ought to know
what is out there. Without all the facts, you can not make a
good decision.
Commissioner Cole asked if the requirements for the CUP's for seven
or more recovery homes is for all zoning designations or certain
zones?
Mr. Goldfarb answered that the City of Irvine has two different
regulations applicable to facilities that could be considered to house
handicap persons under the FHAA. The City provides that any sober
living environment regardless of the number of persons it serves is
permitted without any permits in any residential zone within the City.
It is not correct that a CUP is required.
Andra Clark noted if this is a zoning issue being discussed, then if you
are going to discuss how many people can come in and out of a
residential area, then you have to start looking at the beach rentals,
condos and summer vacations. Those places are only allowed for a
certain amount of time and there are no rules or regulations how many
people can occupy a space like that. It would bring about the same
amount of transients in a row of summer beach rentals as you are
talking about tonight for group homes. People will be coming in from
areas outside the City and not know the rules and regulations. It
seems to me it should fall under the same rules.
Carol Martin, resident of 1800 block of West Oceanfront, presented
materials and noted the following:
• Pictures showing the nature of mufti- family zoning in Newport
Beach.
• She had surveyed her block and noted that there 14 lots with an
average ownership of 30.5 years with the median length of
ownership of 22 years...
• Only three properties are not owner occupied and with the
exception of one problematic property, more than 50% of the
residents are over 50 years old.
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• She noted her agreement with the proposals allowing group
living facilities as proposed.
• She supports the Planning Commission will be the entity to grant
or not grant the Federal Exception Permits.
• The weakest factor in this proposal is enforcement. She asked
that this area be further addressed.
• The criteria should be strengthened.
• Section 10C3i and 3ii refer to vehicular traffic increasing to an
extent that they would violate any provision of the Municipal
Code and asked for a clarification that those issues are dealt
with in the Municipal Code or the General Plan?
Ms. Temple answered that those standards are both in the General
Plan and the Municipal Code.
Dave Johnson, property owner of 1811 West Balboa Blvd. noted the
following:
• He rented the back unit to Narcanon and then retired to Lake
Ellsinore and is now back.
•
• He is disturbed by all the uproar that is going on and does not
like to see this.
• He had lived in the main unit with Narcanon in the smaller one
for two years and there was no problem during that time.
• The time that Narcanon had been there and had there been any
problem with his other rentals, he would have addressed those
problems right away.
• As he is now back living here to take care of his rentals, he will
be the first one to call if there are any problems.
• He requested that a fair compromise should be reached, one
that should equitable for everyone.
Steve Marquisi, asked if this ordinance would affect property owners
who rent.
Ms. Clauson answered the City regulations that currently address
rental units is the Short Term Lodging Ordinance and then with
regards to parties, we actually have a Large Gathering or Party
Ordinance that deal with nuisances caused by over loud or over large
parties.
Mr. Richard Perlin, 1216 W. Balboa, Executive Director of Newport
Coast Recovery noted that his group tries to be a good neighbor and
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are responsive to any concerns that the City or neighbors may have.
• We take all input very seriously. If there is a forum that could be
developed where we can address any concerns that arise, we would
be happy to participate.
Commissioner Eaton asked how many clients and apartments were in
his facility.
Mr. Perlin answered that they have 6 apartments and are State
licensed for 27 people and average 20 people.
Mike Newman, partner in Newport Coast Recovery added that their
clients are not allowed to have vehicles. There is no traffic impact as
far as parking or driving. We have no traffic impact in our
neighborhood.
Donna Cambo, 1812 West Balboa Blvd., asked if the amount of
people could be kept to 20. She noted the stress of living next door to
Narcanon. Her home is 3 feet from this building and the smoke and
cigarette butts in her yard are very troublesome. There are many
people that come to Narcanon daily. There is a lot of bad language.
She asked that the Planning Commission make them accountable. At
Commission inquiry, she noted that people are bused in a van and the
vans are parked on the sides. They also come in on bicycles that are
left everywhere.
• Public comment was closed.
Commissioner Eaton noted that the Costa Mesa ordinance includes a
reasonable accommodation shall be considered in conjunction with
the conditional use permit. How does that process work?
Mr. Goldfarb answered he did not draft the Costa Mesa ordinance.
However, when applying the standards for purposes of a reasonable
accommodation they are aware of the limitations that the FHAA has
and apply basically standards that are similar to what are being
suggested here.
Chairman McDaniel asked about the radius of a block and the use of
distance.
Mr. Goldfarb noted that a distance could be considered. The term of a
City block is 1,000 feet. Using a measured distance could be done.
Commissioner Selich noted he does not like it and trying to do
overlays as suggested during the evening might cause more problems
than what we are dealing with here.
Commissioner Tucker asked if it would be worth while defining
campus to mean how it has been defined by Mr. Goldfarb, or
• incorporating the concept where regardless of where people live,
campus means where you have a building that is taking and doing
specialized functions such as food or meeting areas where people
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come in from some other buildings either nearby or several buildings,
further away for given activities. At some point, maybe campus could
be more broadly defined in our ordinance than what case law has said
so far. Case law may not have addressed a definition of bringing
people in by van. The campus issue may have addressed just the
facts that were before the court at that time. I would like to see if we
can incorporate that concept having to treat all housing units in the R-
1.5 and R -2 zones the same, we may need to deal with it so that
everyone is covered. That is a policy decision that the Council will
have to look at. Trying to do it the way we are trying to is not going to
be as comprehensive a way as coming in and dealing with the issues
on all structures in the R -1:5 and R -2 zones so that everybody is
treated the same. The Council will have to make a policy decision as
to whether addressing the issue in that type of fashion is more painful
than just leaving things the way they are. The only way to get to the
bottom of the issue, if the neighbors and Narcanons of the world can
not figure it out between themselves, the problems will have to be
addressed on a more overall basis.
Chairperson McDaniel noted his concern of campus and distances as
well. 300 yards or 1,000 feet as opposed to a block would give it
some universality throughout the City. The campus, why does it need
to be three buildings; as was said its the function at one as opposed
to being how many units there are participating. What about the
busing issue? If one place is functioning as a mess hall and people
come in from who knows where to eat, that makes it a campus.
Mr. Goldfarb answered that he is more comfortable with three than
with two. The City is restricted by existing law and existing
precedent. He will look at the busing issue between now and the time
this item goes to City Council and was unable to render a legal
opinion on the defensibility as he needs research. He noted he
understands the rational of a commuter campus and a live in campus.
The Commission can exercise its discretion to forward this item to the
City Council and in the interim we can look at it to give our best legal
analysis.
Ms. Clauson noted that what was worked on by special counsel and
the City Attorney's office and presented tonight is what we thought
with the analysis that was done was the most legally defensible
ordinance to suggest to the Planning Commission. If the Planning
Commission wants to make some recommended changes, then we
would have to analyze that in the meanwhile and let the City Council
decide whether it would be defensible or not.
Chairperson McDaniel noted that he would like to recommend the
yardage distance and the campus issue.
Motion was made by Commissioner Tucker that we approve, and file
a report with the City Council of our findings and recommendations
that are set forth in the staff report and the proposed amendment to
• the Zoning Code that ensures preservation of the unique character of
our residential neighborhoods to the maximum extent permitted by
State and Federal statutory and decisional law. He would like to
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change the definition of campus to be two or more buildings in a
residential zone within a 300 yard radius of each other. He would like
to ask the City Attorney to consider expanding the term campus to
include the concept of a commuter campus where there are
specialized uses in one building and people are brought in whether
from an adjoining building or far away places for those uses. He also
suggests to the City Council that the Council consider adopting group
gathering standards for all structures in the R -1.5 and R -2 zones to
better address the issues.
Ms. Clauson noted that the opinion is not going to change regarding
the legal defensibility on campus being less than three. The only case
that talks about a campus situation had many more than three. They
wanted to try to add three. There is also the added restrictions of
distancing requirements. If the focus is more on the campus and the
use of the facility rather than the numbers. If you want to recommend
two, we will advise Council at that time.
Commissioner Tucker noted he is not sure about the defensibility. He
acquiesced to the attorneys' judgment and will change the number
from two to three buildings.
Commissioner Eaton noted he was unable to support the motion. He
cited a personal experience relating to his now - deceased daughter,
that has convinced him of the enormous value of these facilities; but
noted that as a planner he could not support a process that appears to
be designed to have virtually no discretion. It appears that the only
way the Planning Commission would have discretion to deny a
Federal Exception Permit would be if the Commission found it did not
comply with the Code. He doesn't think that allows any discretion. He
can not support allowing the larger homes of seven or more in the R-
1.5 or R -2. He has no problem with the smaller facilities, but when
you can not exercise discretion on the larger homes, and you can't
exercise any discretion on how large those larger homes can be then
the City has given up all our possible control even if that would be the
safest and most secure to go in terms of the Federal Housing Act.
Commissioner Tucker noted that the last part of his motion was a
recommendation that the Council consider adopting group gathering
standards for all structures in the R -1.5 and the R -2 zones. I think that
drives to the issue, it is not up to us to ignore what the legal counsel
has suggested even though I do not agree with it. It is hard to
envision that when these laws were passed, that what has happened
was an intended consequence. By hearing what special counsel said
the legislative bodies didn't look at it that way, instead they just looked
at adopting standards that were the same as the standards in the
zone and as long as you don't counter those standards, it's okay to
have these group home uses. To really address it is to look at the
standards for all those zones and I don't know if Council wants to do
that. I think we have raised a lot of questions and I think this needs to
go back to the Council to deal with.
• IAyes: I Cole, McDaniel, Selich and Tucker
Noes: Eaton
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Absent:
• Abstain:
Toerge and Kiser
None
*.x
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SUBJECT: Carty Residence (PA 2004 -079) ITEM NO.3
1306 -1308 South Bay Front PA2004 -079
An appeal of the Modifications Committee's denial of a request for Denied
approval of a Modification Permit to allow the addition of an elevator
that will reduce the depth of the existing carport parking space. The
proposal includes a request to allow the carport parking space to
encroach 4 feet into the required 5 -foot rear yard setback at the alley.
Associate Planner Gregg Ramirez confirmed that the Commission
received copies of letters that were received by staff. The basis for
the denial by the Modifications Committee was based upon, and
further review by staff of the proposal, that the existing condition,
although non - conforming, did afford some area for cars to tuck in
under the stairs. Cars small enough to tuck under the stairs would
probably not be long enough to hang over into the setback. However,
it would completely eliminate that potential. It would also approve an
encroachment into the alley setback that is not recommended by the
Traffic Division of the Public Works Department or the Planning
• Department in order for the alley to provide maximum space for
maneuverability.
Ms. Temple added that in terms of the request to allow the
encroachment into the alley side setback on Balboa Island, Balboa
Island alley widths are the narrowest in the City at ten feet. Staff
hesitates in any way to authorize encroachments into those because
of the alley constraints as opposed to a place like Corona del Mar
where the alleys are four feet wider.
Mr. Edmonston noted that while it is not specifically codified in the
Municipal Code, one of the key purposes of the alley setback is to
provide an effectively wider alley so that in this case with a ten foot
alley and a 5 foot setback on each side, you have a total of 20 feet
that can accommodate two -way traffic. The alleys on Balboa Island,
particularly these Bay Front alleys, function more like streets than
alleys and so that extra width is very important.
Chairperson McDaniel asked if there was adequate space inside to
accommodate the elevator.
Mr. Ramirez answered that upon review of the floor plans there could
be other options for placing the elevator within the existing living area
• of the unit. At Commission inquiry, he noted that the alley is fifteen
feet wide.
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Ms. Temple noted on the vicinity map, the alley is in a 'T' configuration
• and that is a common condition on Balboa Island. The property to the
rear of this particular residence, the property line is its side yard. It is
within the Code allowed to have a side yard property fence on the
property line. Except up to within five feet of that property rear yard
setback, there can be a fence on the property line, which would further
constrain the alley in this location.
At Commission inquiry, Mr. Edmonston noted that it is commonly the
Public Works staff opinion, and we are one of three votes on the
Modification Committee, that setbacks function for a variety of
reasons. From our perspective, it is primarily rather than requiring a
wider alley that would be permanently dedicated, it gives the people
some use of that property. They can count on it for floor area, etc.
Yet, by having that setback and keeping it free of permanent
obstructions or other things to the extent that we can such as parked
cars, then we gain the functionality without requiring the dedication of
property. There have been cases near these 'T' alleys where a
property that has been torn down the Public Works Department has
actually required the property owner to set their parking back more
than the five foot minimum in order to make that parking functional.
Even with those setbacks, the parking spaces are not easy to get in or
out of. Any imposition to those can be a real problem, whether it's a
car or a house directly across with a rear yard or a side yard or even
how busy the alley is.
Ms. Temple noted that Mr. Jay Garcia, Chairman of the Modifications
Committee was on hand to answer questions regarding the
Committee deliberations.
Chairman McDaniel affirmed that there is remodeling being done to
the home itself, not just a stand alone elevator being added.
Commissioner Selich noted that the existing carport space from a
practical standpoint does encroach into the setback, but the problem
is that this application would legitimatize that encroachment.
Ms. Temple answered that this legitimatizes the setback, and looking
at the nature of the stairway, it looks like it could be modified in some
way to create a greater conformity. The installation of this type of
elevator would render this a permanent condition.
Amy Jo Gottfurcht, daughter of the owner of the property, made a
Power point presentation, noting:
. The units were built in 1965 and they purchased them in 1969.
• . Currently there are 19 feet 6 inches between the stairwell and
the property line.
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• They applied for a modification in April and were denied in May.
. There is no change to the current parking area with the
installation of the proposed elevator as it replaces the back
stairwell.
• The elevator is proposed to be in the back due to cost and
simplicity and does not diminish parking.
• She then noted the stairwell location being replaced by the
elevator with a piece of plywood in front of it.
• There is no change to the alley, no change to the 'T', no change
to parking, and does not negatively impact the neighbors.
• The elevator would enhance the wellbeing of her mother.
• Her neighbors are in favor of the elevator.
At Commission inquiry, she noted that 11 1/2 inches would be gained
in parking if the elevator became a part of the back wall. It could also
become part of the back wall structure and therefore gain an
additional approximate 6 inches; however, it would require extensive
. foundation work with major engineering and structural change.
Mr. Garcia, Senior Planner, as the Chairman of the Modifications
Committee at Commission inquiry, noted the following reasons for the
Committee decision:
• This item had been continued once to give the applicant an
opportunity to look at alternatives to maximize the depth of the
parking spaces and minimize the encroachment.
• The applicant came back the second time and put forth basically
no alternative other than to say that it would have some type of
additional cost to the construction already being done.
• On that basis, plus the fact that it was a four foot encroachment
into the five foot setback, it was not adequate and did not meet
the intent of the Code to maintain the alley setback.
• There was no evidence given relating to placing the elevator
inside the building. However, additions are done to buildings all
the time where post and beam construction can basically
support the second floor. The applicant put forth no information
to that effect to the Modifications Committee.
Commissioner Tucker asked what the findings for denial by the
Modifications Committee were.
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Mr. Garcia, referring to the applicant's slide showing a pick up truck
coming out of the 'T' intersection answered that if the property to the
rear across the alley was developed, which will eventually occur, that
side yard property line where the truck is would have to come out an
additional three feet in order to make that same turn. Once you put an
encroachment into that setback the cumulative effect will be the
turning radius coming out further into the alley.
Commissioner Cole noted that the applicant stated the path of travel
would not be obstructed by the elevator, one of the findings listed in
the staff report was that there is a potential that both parked cars
would encroach due to the need for access to the elevator.
Mr. Ramirez stated that he noted that in his staff report and it was
based on a visual inspection of the property when he had visited the
site. There were two vehicles parked in the garage at the time, one
was pulled up in position and it looked like it would be difficult for
someone to pass through, whether on foot or in a wheel chair, without
having the vehicle pulled back.
Commissioner Selich asked about the stairwell that is nonconforming.
Was that stairwell built with the original building, or was it added later?
Mr. Garcia answered that the stairway was a portion of the original
construction. All three of those buildings were constructed at the
same time. But, review of the previous plans for the original
construction showed that the stairway was not configured the way it is
now as far as the plans that were approved. The stairs terminated at
a landing in the side yard and then there were two or three treads in
the side yard that went forward and back. The stairs basically are not
conforming with the plans that were approved with the original
construction, and that would have given more vertical clearance in the
front of the parking space for the vehicles to park under, probably
another 1 112 or 2 feet.
Commissioner Selich affirmed that it was built not according to the
approved plans and was answered, yes.
Public comment was opened.
Don Carty, general contractor noted:
. The utility pole shown on the slide with the truck, there are plans
for those poles to go underground and if that pole was not there,
you would gain an additional 6 to 8 feet turning radius.
Mr. Edmonston noted that petitions have been submitted to the City
Council for undergrounding utilities for that area and staff has been
authorized to proceed with the formation of a district. However, it is
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several years away from a vote for the people to see if it will proceed.
• These programs are popular in the City and now the timing is 4 to 5
years out and is a long and drawn out process.
Tom O'Brien, 105 Marine Avenue, neighbor across the alley from this
property, referring to the truck slide, noted that truck can get around
there nicely, however, the telephone pole argument just made is
irrelevant as it is for a right -hand turn, not for a left -hand turn. He has
lived on the site for 18 years. On the slide you will notice that there is
a conical shape by the end of the building on ground level. That
conical shaped piece gets clobbered by cars at least ten times a week
by people trying to make that curve. He asked that the Planning
Commission uphold the decision of the Modification Committee to
deny the encroachment of the carport parking space for the following
reasons:
• This is a year -round rental duplex. Renters don't care how they
park and don't know the rules. The reality is they will not pull
way up and will be jutting back out as they have done for years.
• The vehicle sizes are larger and will not get smaller. This is an
affluent neighborhood with rentals of $3,000 or more a week.
.
• The staircase versus the wall. The staircase is open and has an
iron girder with open steps. When you put up a wall, that will
visually stop drivers from pulling up close.
• The reduced depth of their parking space will impair my ability to
get in and out of my property.
Mr. John Gottfurcht noted that there is no change in the parking
whether the stairway stays the same or the elevator is put in its stead.
The depth of the parking will not be reduced and will not restrict
ingress and egress for the adjoining property.
Public comment was closed.
At Commission inquiry, Mr. Edmonston gave a brief explanation of
commercial parking standards compared to residential standards.
Chairperson McDaniel noted he did not get clear information on the
hardship this would create to the applicant. When we have a non-
conforming situation, the Commission likes to get a conforming
situation out of it when there is building going on. This is our
opportunity and we ought to do that. I have heard that it is a hardship
to do this because the building has to be done, but staff is saying that
• it may not be the case. If you can build it on the inside, you should be
able to build it on the outside.
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Mr. Carty answered that the second story wall projects out further. If
you were to move this elevator back, you would encroach on the
second story bedroom above. He then referred to a slide and
discussed possible locations for the elevator, types of elevators, and
the remodeling that would need to be done.
Chairperson McDaniel asked why one of those things that run up and
down the stairwell wouldn't work?
Mrs. Gottfurcht answered that could be an alternative.
Commissioner Cole noted his support of the applicant as it looks like
there would be no difference with the elevator as opposed to the
stairwell.
Chairperson McDaniel noted his support of the Modifications
Committee to deny this application. If we have an opportunity to fix a
non - conforming situation while remodeling is being done, that is when
we should do it. The stairwell will function just as well for the applicant
and I don't like overriding the decisions of the Modifications
Committee as they do a good job of looking at these projects and,
there are alternatives.
Motion was made by Chairperson McDaniel to sustain the decision of
the Modifications Committee to deny Modification Permit No. 2004-
028.
Ayes:
Eaton, McDaniel, Selich and Tucker
Noes:
Cole
Absent:
Toerge and Kiser
Abstain:
None
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SUBJECT: Bahia Corinthian Yacht Club (PA2004 -002) ITEM NO. 4
1601 Bayside Drive PA2004 -002
An amendment to Use Permit No. 1437, to allow the reduction of Continued to
required on -site parking from 122 to 95 spaces and to increase the dry July 22, 2004
storage boat capacity from 100 to 200 boats. The request requires
consideration of a parking waiver per Section 20.66.100 of the
Municipal Code.
Chairperson McDaniel noted that the applicant has requested that this
item be continued to July 22nd. He noted that the applicant has
indicated that they want to make some changes to this proposal.
Ms. Temple noted that many of the issues that members of the
audience would like to discuss has to do with how the City conducts
code enforcement of use permits. If The Commission would like, I can
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explain how enforcement of this use permit has brought us to this
. point. She noted that the applicant is here to reinforce their request
for a continuance. This application is an outgrowth of an enforcement
action that was conducted related to a complaint from a nearby
commercial property relating to parking encroachment on the office
building property across the street. When we investigated the
complaint, we discovered that over time the operation of the Bahia
Corinthian Yacht Club had been changed in terms of its site plan
rather substantially. Specifically, the required number of parking
spaces in the original use permit was not being provided and that a
control gate at the entries to the parking areas had been installed
without approvals or benefit of building permits, and that the dry boat
storage within the property was approximately twice that authorized in
the use permit that came with the original construction of the club
property. We in essence gave the Yacht Club two choices; one was
to reinstate the site plan to be consistent with the approved site plan,
or if they wanted to try and achieve what they had or something
different than what was originally approved then they needed to file for
a new use permit or an amendment to the existing use permit. They
chose to amend the current use permit. Once someone has indicated
they intend to pursue a permit amendment we essentially do not take
any further aggressive enforcement action, but try to bring the
application to the Planning Commission as quickly as possible. We
• will admit that this took much longer than perhaps it should have, but
in fact it is here tonight.
Public comment was opened.
Bill Rauth noted that he had a notice of violation dated October 15th
and is a final warning. It indicates that the violation must be corrected
on or before October 29th of last year and if not corrected by that
date, there will be fines of up to $500 a day and in addition it will be
subject to injunction and revocation of the permit. The Club has
willfully violated their use permit and were caught almost a year ago.
It is time to go to the City Attorney and get an injunction. That gate
needs to be open as it is not a legal gate, to let the cars that are
parked on the street park in the parking lot. 15% of the current
parking is reserved for officers of the Club. Those spaces sit empty
and 15 cars are forced to park on the street. The boats need to be
removed from the parking lot. Bayside and El Paseo are not a private
parking lot of the Bahia Corinthian. It is time that action be taken. This
is willful behavior on the part of the Club.
Commissioner Tucker noted we are not the code enforcement but it
does sound like it has been going on for a while. The applicant has
requested a continuance.
Ms. Temple noted that during her conversation with the General
Manager of the Club, they now want time to study the situation and
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come up with a workable solution. She strongly encouraged them that
• in the interim time, well through and to the completion of the Planning
Commission deliberations, that they cease to use the control gates for
two reasons: it would address some of the ongoing issues the
neighborhood and property owner across the street have been
experiencing, and it is the right thing to do. They have indicated to me
that they are in agreement with doing that. As part of this
continuance, I would ask the Commission to state in the motion to
continue that is a considered a requirement. At Commission inquiry,
she noted that the City can enforce this. Typically when we take an
enforcement action if the applicant takes steps to rectify the situation
we generally tend to hold things like Administrative Citations in
abeyance. Depending on what the Commission thinks our posture'
should be, if you want full enforcement of the use permit then we will
do as the last notice of violation says and until those defects occur, we
will issue those citations. However, the applicant has indicated an
affirmative willingness to open the gate and we did not discuss the
removal of the dinghy racks.
Chairperson McDaniel noted that anyone in the audience that has
questions or concerns, should present them in writing to staff.
Barry Levy, 113 Via Lido, spoke as the current commodore of the
• Bahia Corinthian Yacht Club, noting the following:
• He apologized for the request for a continuation noting that he is
a novice and a volunteer and thought that up this point in time
they were working in good faith.
• Staff told them up front that they needed to have an outside
consultant perform a parking management report, but failed to
have one done.
• After looking at the staff report, he realized how important the
parking management report would be.
• There was a meeting of the board meeting last night to discuss
the use of the gate and that it be closed only during the time the
Club was closed. They will open the gates starting tomorrow.
Chairperson McDaniel noted that he would like to see that gate up
and remain up as a start to rectify the many problems. A lot of
changes are needed. Volunteer or not, you have been given letters
saying last call and nothing has happened. He is bothered by this a
lot.
. Ms. Temple noted that on the issue related to the parking
management study, it is typically not necessary to lower or use the
gate for that kind of analysis. The kinds of issues surrounding the
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gate really are more function and operation geometric issues:
• sufficient stacking distance, are the turning radiui correct, and for the
purpose of estimating the parking demands of the Club, it is best to
not have the gate down because persons wishing to access the facility
are likely to try and park very close which is actually the onsite parking
lot. Since the gate has no permits on it, there is no way to research
any issues related to the gate. The gate was not approved in the use
permit and they also did not get a building permit for it either.
Mr. Levy answered he sees the point. As his role of Commodore, the
list of complaints and issues goes back twenty, thirty years that we are
inheriting. The quantity of boats, how it's been staged, and the layout
of the land is pretty much the same going back for years. Not that it is
right, but we are very concerned with our reputation and are very
involved with fund raisers and involved in the harbor and they care. In
all honesty, they really did not know how to handle this. Staff told us
we were wrong, but we did not understand it, now we do. We
appreciate that we can have a continuance to get all the facts to staff
and we are willing to come back when you want us.
Ms. Temple noted that the date would be July 22nd because that
would be five weeks and time enough for this item to come back to be
heard with all the information needed. Depending on the findings and
• recommendations of the report it may take longer because they may
have to prepare new plans if there is a recommendation to say
reorganize the parking lot or reduce the dinghy storage. It is a doable
timeframe if everyone is diligent about it but at that point we can
further decide to continue. However, we want to keep this as short a
period of time to keep the pressure on. She then recommended that
the Club hire a planning professional to make this happen.
Mr. Levy noted that there are a lot of assumptions that need to be
clarified. We want to give all the information that we can and will keep
in touch with staff. We are serious and want to do a good job on this.
Motion was made by Commissioner Tucker to continue this item to
July 22, 2004. The Planning staff should continue to do what they do
in the ordinary course of things. This has been outstanding for a long
time and is not fair to the neighbors and the people who are having
problems to just extend this item longer, so you better plan on a
decision being made on the 22nd. The pressure is on and you have
had eight or nine months to address these concerns.
Mr. Levy noted that he or any member of the board are available to
speak to any of the neighbors, they are welcome to come to the
facility and make an appointment to sit down and address their
concerns. We consider ourselves to be good neighbors. At
• Commission inquiry, he agreed to leave the gate open.
Vince DeNido a neighbor three doors down noted he is not happy that
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this item is being continued because of the parking being done on El
Paseo. He asked that the enforcement be continued on this.
Brian Carlson, General Manager of the Club, noted he has gone
through revisions for a long time and he blames the City for the
continuance. The staff report shows no respect or support from staff
for what has been done so far. The reason we need the continuance
for a study is to show that we don't need as many spaces on a daily,
weekly or monthly basis for certain time periods. We do have large
events, so we do need those spaces but we are perhaps adding valet
parking to get those cars off the street. The gate access should be
kept to business hours. During the hours we are closed, we do not
have security measures into our marina or dry storage area. Anybody
can drive in and take a boat away. I have no problem opening the
gates during the business hours. At Commission inquiry, he noted he
would not have a problem with opening up the reserved spaces for
parking.
Nick Clayton, owner of the office building across the street says he is
the recipient of the overflow parking that occurs from the Club. We
agree with staffs recommendation, who have done an excellent job in
reviewing this issue, and agree with the conclusions. We hope you
will restore the parking spaces that are missing and restore the
reserved parking spaces and require the Club to keep the gate open.
It will be extremely helpful to my operation across the street. It is an
unsafe situation with the gate being there as people drive the wrong
• way through our parking lot to drop off visitors to the club.
Val Skoro, resident of Irvine Terrace noted the key issue is the Club
using Irvine Terrace as their parking lot and that infringes on the
residents and results in litter in the streets. The key point is they have
to restore the parking on their own premises. Anything less than that
would be unacceptable to the neighborhood. The gate needs to be
removed.
David Allison, 1629 Bayside Drive, noted that staff should take an
aggressive role in enforcement.
Ms. Temple commented that this is by far the most opportune time for
the type of study that needs to be done because we are going to
understand the use of the club parking during its peak season.
Elizabeth Wardy, Judge Advocate of the Club, noted that there is
another yacht club in the neighborhood that has parking on the street.
We will do everything we can do alleviate concerns, but the parking
problem is not necessarily all our fault.
Dave Hook, 1617 Bayside Drive noted his concern with the parking
and trash during special events.
• Public comment was closed.
Chairperson McDaniel asked if the maker of the motion would include
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the gate open during business hours only and the use of the reserved
parking spaces be discontinued.
Commissioner Tucker noted he has no objection to the Planning
Director enforcing the existing use permit for the club. Whatever is
feasible to enforce is up to the Planning Director. He agreed to the
gate being open during business hours and the use of the reserved
parking spaces being discontinued.
Ayes:
Eaton, Cole, McDaniel, Selich and Tucker
Noes:
None
Absent:
Toerge and Kiser
Abstain:
None
SUBJECT: Mariner's Mile Landscape Amendment (PA2004 -104)
ITEM NOX
Commercially designated properties fronting on Coast
PA2004 -104
Highway between MacArthur Boulevard and the Bay Bridge
Recommended
An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related
for approval
to landscape requirements.
Public comment was opened.
Public comment was closed.
Motion was made by Chairperson McDaniel to approve Code
Amendment 2004 -006 to the City Council by adopting the draft
Resolution attached to the staff report.
Ayes:
Eaton, Cole, McDaniel, Selich and Tucker
Noes:
None
Absent:
Toerge and Kiser
Abstain:
None
SUBJECT: St. Andrews Presbyterian Church Expansion
ITEM NO.6
(PA2002 -265)
PA2002 -265
600 St. Andrews Road
Continued to
Request for a General Plan Amendment, Zone Change and Use
07/22/2004
Permit for the replacement and construction of additional buildings
and a below grade parking garage. The General Plan Amendment
involves an increase the maximum allowable building area with no
change to the existing land use designation. The Zone Change would
change the zoning district from R -2 & R -1 to GEIF to be consistent
with the existing General Plan, Land Use Element designation. The
Use Permit involves the alteration of existing buildings, replacement of
the existing fellowship hall and classroom building and the
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07/17/2004
Planning Commission Minutes 06/17/2004
construction of a new mufti- purpose gymnasium and youth center.
. The Use Permit also considers setting the maximum allowable
building height of 40 feet for the two proposed buildings.
Ms. Temple stated that the applicant has requested that this item be
continued to July 22, 2004.
Motion was made by Chairperson McDaniel to continue this item to
July 22, 2004.
Ayes: Eaton, Cole, McDaniel, Selich and Tucker
Noes: None
Absent: None
Abstain: Toerge and Kiser
•xx
ADDITIONAL BUSINESS:
a. City Council Follow -up - Ms. Temple reported that at the last
meeting consideration of the amendment to Corporate Plaza
was heard and approved, and the amendment to the Zoning
Code to address the appeal and call for review procedure that
was directed back to staff to come up with alternatives, and
is Council adopted amendments to the Measure S guidelines in
the City Council Policy.
b. Planning Commission's representative to the Economic
Development Committee - none.
c. Report from Planning Commission's representatives to the
General Plan Update Committee - there is a joint study session
with the City Council on Tuesday the 22nd.
d. Matters which a Planning Commissioner would like staff to
report on at a subsequent meeting - none.
e. Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report - none.
f. Status Reports on Planning Commission requests - Ms. Temple
noted that only update is the legislation going through
Sacramento on second dwelling units. A letter in objection will
be forwarded to the Senate as they continue their deliberations.
g. Project status - no updates.
• h. Requests for excused absences - none.
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ADDITIONAL
BUSINESS
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Planning Commission Minutes 06/17/2004 Page 29 of 29
ADJOURNMENT: 9:40 p.m. I ADJOURNMENT
MICHAEL TOERGE, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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07/17/2004