HomeMy WebLinkAbout11 - Natural Nails - 615 East Balboa AvenuetEV/voRr CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Natural Nails (Pam Ward, applicant)
615 East Balboa Avenue
11
Eugenia Garcia
(949) 644 -3208
PURPOSE OF
APPLICATION: Request to approve a waiver of the off - street parking requirements for a
personal service nail salon use on a property located in the SP -6 (RSC)
District. The request is a waiver of six (6) parking spaces.
ACTION: Conduct public hearing and
A. Sustain the action of the Planning Commission and deny Use Permit
No. 3682; or
B. Overrule the Planning Commission and approve Use Permit No.
3682, subject to the Findings and Conditions contained in Exhibit
"A."
PLANNING COMMISSION ACTION
On September 21, 2000, the Planning Commission held a public hearing and voted (6 Ayes, 1 No)
to deny Use Permit No. 3682. In making their decision, the Planning Commission found that
significant concessions in the area of parking had been granted in the original approval of the
project, and that a waiver of on -site parking requirements was not justified in this case. An excerpt
of the draft minutes of the Planning Commission, and a copy of the staff report prepared for their
consideration are attached for the information of the City Council.
This proposal is to allow the establishment of a nail salon in the Balboa Village area. Due to the
higher parking requirement for nail salons in the Zoning Code, a waiver of on -site parking
requirements is required. A complete analysis of the request is contained in the attached Planning
Commission staff report. Should the City Council decide to overrule the decision of the Planning
Commission and approve the Use Permit, Findings and Conditions for approval are contained in
Exhibit "A" attached to this report.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments:
1. Exhibit "A"
Prepared by:
EUGENIA GARCIA
Associate Planner
2. September 21, 2000 Planning Commission staff report for Use Permit No. 3682
3. Excerpt of draft Planning Commission minutes of September 21, 2000
Use Permit No. 3682
October 10, 2000
Page 2
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMITNO.3682
Findings:
The proposed development is consistent with the General Plan and is a permitted use in the
Residential- ProfessionalCommercial designation.
2. The proposed use is categorically exempt from the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities)..
3. The approval of Use Permit No. 3682 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 further, the use is consistent with the
legislative intent of Title 20 of this Code. Also, the waiver of parking will not be detrimental to
surrounding properties for the following reasons:
• Adequate parking is provided on -site for the existing uses.
• Two or more municipal public parking facilities are so located as to be useful in connection
with the proposed nail salon and other uses on the site.
• The main peak hour of the nail salon is after 3:00 p.m. during the week and all day Saturday
and Sunday, when other businesses in the area may be closing or closed.
• A portion of the customers are multiple tenant users and walk -ins from the surrounding
neighborhood.
Conditions:
1. Development shall be in substantial conformance with the approved site plan and floor plan,
except as noted below.
2. A waiver of six (6) parking spaces shall be granted and three (3) on -site parking spaces shall be
maintained for the proposed use.
3. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
4. The project shall comply with State Disabled Access requirements.
5. 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.
Use Permit No. 3682
October 10, 2000
Page 3
6. This Use Permit shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.80.090A of the Newport Beach Municipal Code.
Use Permit No. 3682
October 10, 2000
Page 4
,,EWPO,gr CITY OF NEWPORT BEACH
o° o COMMUNITY and ECONOMIC DEVELOPMENT
�= PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH,CA92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Natural Nails (Pam Ward, applicant)
611 -615 East Balboa Avenue
September 21, 2000
Eugenia Garcia
(949) 644 -3208
14 days
PURPOSE OF
APPLICATION: Request to approve a waiver of the off - street parking requirements for a
personal service nail salon use on a property located in the SP -6 (RSC)
District. The request is a waiver of six (6) parking spaces.
ACTION: Approve, modify or deny:
• Use PermitNo.3682
LEGAL
DESCRIPTION: Parcel 3 of Resbudivision No. 891, Block 8, Balboa Tract
ZONE: SP -8 (RP)- Residential Professional (Central Balboa
Specific Area Plan)
OWNER: Balboa Associates, a California Ltd. Partnership
Points and Authority
• Conformance with the General Plan and the Local Coastal Program
The Land Use Element of the General Plan and the Local Coastal Program designate the
site for "Retail- Service Commercial' land use. A nail salon is a personal service use, which
is a permitted use within this designation.
• Environmental Compliance (California Environmental Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities).
• Use permit procedures are set forth in Chapters 20.91 of the Municipal Code.
• Waiver of off - street parking requirements are set forth in Chapter 20.66 of the Municipal
Code.
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200 Feet VICINITY MAP
Use Permit No. 3682}
0
Current Development:
A mixture of commercial, retail and restaurant uses exist on the subject p ro e
To the north:
Across Balboa Blvd. are commercial uses and a municipal parking lot
To the east:
Are mixed commercial - residential uses.
To the south:
Across the alley is a multi-family residential use
To the west:
Are mixed commercial - residential uses:
Use Permit No. 3682
September 21, 2000
Page 2 Cr
Backeround
The proposed nail salon will occupy an empty tenant space within an existing residential -
commercial mixed used building located in the "Retail- Service Commercial' District of the Central
Balboa Specific Area. The building was constructed in 1989 and is part of a development which
consisted of five dwelling units over five commercial tenant spaces located on five lots. On
January 19, 1989, the Planning Commission approved Use Permit No. 3337 to construct the
development and approved a modification to the Zoning Code for the use of tandem parking
spaces for the commercial portion of the use, where the Code requires that all commercial
parking spaces be independently accessible.
On February 2, 1989, the Planning Commission approved Resubdivision No. 891 which was a
request to resubdivide the five lots into three parcels. The subject property is Parcel 3 of the
resubdivision and is developed with three residential units totaling 5,615 sq. ft and a commercial
area of 2,443 sq. ft. The subject nail salon will occupy 720 sq. ft. of the total commercial area.
The operator of the business recently obtained a business license for the nail salon, and was in
the process of moving into the vacant tenant space, when she was informed by the City, that the
proposed use would need additional parking than that provided on -site. Typically, a new
commercial use would need to upgrade the tenant space, by means of a building permit, in order
to accommodate the needs of the proposed business. However, without the need for a building
permit, the nail salon use obtained occupancy of the tenant space with the business license since
the use is permitted without a use permit. When the nail salon use was discovered, staff notified
the property owner that the subject use would require a use permit for a waiver of parking, since
the site did not provide the parking required by code for nail salons.
The following table outlines the project characteristics of the proposed use.
Proiect Characteristics
Table
September 21, 2000
Total Land Area:
7,346 sq. ft.
Existing Building Area:
Commercial Uses (Retail & Food)
Nail Salon:
TOTAL COMMERCIAL
Residential (5 dwelling units)
Garages
TOTAL BUILDING AREA:
1,723 sq. ft.
720 sq. ft.
2,443 sq. ft.
5,515 sq. ft.
2,800 sq. ft.
10,858 sq. ft.
Required Parking:
Commercial:
7 spaces
Residential:
6 spaces
Nail Salon 1180 sq. t.:
9 spaces
Total number of required parking spaces:
22 spaces
Total number of spaces provided
16
Parking deficit:
6
Use Permit No. 3682
September 21, 2000
Page 3
i i
Analysis
The proposed nail salon is approximately 720 sq. ft. and consists of a break room/ lunchroom,
restroom, storage room/facial room, reception area and four nail stations. There will be four
employees and the business will be open between the hours of 9:00 a.m. and 7:00 p.m., daily.
Required Off - Street Parking
The site has 10 parking spaces designated for commercial use and 6 spaces designated for
residential use. Chapter 20.66 of the Newport Beach Municipal Code requires 1 parking space for
each 80 sq. ft. of gross floor area for nail salons. As depicted in the chart above, a nail salon that
occupies 720 sq. ft. of gross floor area would require 9 parking spaces. The subject tenant space is
allocated 3 parking spaces (based on a parking requirement of 1 space for each 250 square feet of
gross floor area for retail use). The requirement for additional parking results in a deficit of six (6)
spaces. Since the nail salon requires additional parking spaces, the applicant is requesting a waiver
of six (6) parking spaces in conjunction with the proposed use.
Waiver of Off - Street Parking Requirements
Chapter 20.66. 10 states that a use permit may be approved by the Planning Commission to modify
or waive the number of off - street parking spaces required by the terms of this chapter if one or more
of the following conditions are met:
A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites.
The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66. 100 (B).
4. The Planning Commission makes the following findings:
a) The parking demand will be less than the requirement in Section 20.66.030.
b) The probable long -term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
It is possible to make finding No.1 in this case, because there are several municipal parking lots
located within walking distance of the proposed nail salon, and on street parking in front of the
commercial building and throughout the area. There are three metered and pay- for -use municipal
parking lots in the location of the Balboa Pier parking lot. There is another municipal parking lot
located across from the site at East Balboa Blvd and Palm Street.
Use Permit No. 3682
September 21, 2000
Page 4
Generally, the peak business hours of most nail salons are between the hours of 11:00 a.m. and 1:00
p.m., or late in the afternoon between 3:00 p.m. and 7:00 p.m., Monday through Friday and all day
on Saturday and Sunday, from 9:00 a.m. to 7:00 p.m. Staff has visited the site on several occasions
during the peak weekday hours and has observed available parking in the area and both municipal
lots. Staff observations found that there were approximately 10 -20 available parking spaces
available in each lot during those times. However, on weekends, when the nail salon is busiest
throughout the day, the parking in the public lots may not be available, due to the high level of
beach traffic in the area. Information received from the City Traffic Engineer indicates that there
are approximately 10 —15 days a year where the parking lots are completely filled and the on -street
parking is not available. It is possible that during those peak times, a customer would not be able
to find available parking in the area.
Additionally, as indicated on the attached plans, the business is proposing four nail stations and four
employees maximum for the use. Manicures and pedicures are typically done by appointment, but
the operation of the business does accommodate walk -in customers. The applicant has stated that a
large portion of their customers are people who live within walking distance of the salon, which
should further reduce the demand for additional parking.
It should be noted, that upon visiting the site, staff observed that all of the on -site parking spaces
were enclosed with garage doors. A research of building permit records indicates that when permits
were issued, the approved plans did not show garage doors for the commercial spaces, only for the
residential spaces. The Building Code does not require a building permit to install garage doors and
therefore, the doors could have been installed at any time since the construction of the building.
Staff is concerned that the commercial parking spaces may not be available for customer or
employee parking. Chapter 20.66.050 (3) states "The enclosure of commercial off-street parking
may be permitted, subject to the following conditions:
a. That doors remain open during regular business hours.
b. That a sign be posted on the business frontage which advises patrons of the
availability and location ofparking spaces.
c. That a sign be posted on the rear of the site which contains the following
information:
(1) Doors are to remain open during business hours.
(2) A number to calf for Code Enforcement
(3) Municipal Code Section
d. That the location, size and color of the signs required by 2 and 3 above shall be
approved by the Planning Director.
Although the building was constructed in 1989, the use permit did not include conditions related to
the garage doors, nor was the requirement included in the Code. Staff believes that the commercial
parking should be available at all times during the day for customer and employee parking,
particularly in view of the fact that this approval is for a waiver of the required parking for a
commercial use in this building. Staff has included a condition of approval in the attached Exhibit
"A."
Use Permit No. 3682
September 21, 2000 �.
Page 5 1
Recommendations
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the
use or building applied for will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the findings for approval of the waiver of a portion of the required parking can be made, because
the available parking in the area is adequate to accommodate the proposed use since there are two
or more municipal public parking lots in close proximity to the salon. Additionally, due to the
amount of walk -in patrons from the neighboring residential areas and local businesses, staff is of
the opinion that adequate parking is provided on -site for the existing uses and the nail salon use
during most hours of operation.
Should the Planning Commission wish to approve Use Permit No. 3682, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested.
Although staffs analysis and conclusion supports approval, testimony received and Commission
discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny
Use Permit No. 3682, suggested findings for denial are set forth in the attached Exhibit `B ".
Submitted by: Prepared by:
PATRICIA L. TEMPLE EUGENIA GARCIA, AICP
Planning Director Associate Planner
/t
Attachments: Exhibit "A"
Exhibit `B"
Letter from applicant
Plot Plan and Floor Plan
Use Permit No. 3682
September 21, 2000
Page 6 1 t
• EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO. 3682
Findings:
The proposed development is consistent with the General Plan and is a permitted use in the
Residential - Professional Commercial designation.
2. The proposed use is categorically exempt from the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities)..
3. The approval of Use Permit No. 3682 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 father, the use is
consistent with the legislative intent of Title 20 of this Code. Also, the waiver of parking
will not be detrimental to surrounding properties for the following reasons:
• Adequate parking is provided on -site for the existing uses.
• Two or more municipal public parking facilities are so located as to be useful in
connection with the proposed nail salon and other uses on the site.
• The main peak hour of the nail salon is after 3:00 p.m. during the week and all day
Saturday and Sunday, when other businesses in the area may be closing or closed.
• A portion of the customers are multiple tenant users and walk -ins from the
surrounding neighborhood.
Conditions:
Development shall be in substantial conformance with the approved site plan and floor plan,
except as noted below.
2. A waiver of six (6) parking spaces shall be granted and three (3) on -site parking spaces shall
be maintained for the proposed use.
3. There shall be a maximum of four employees for the nail salon use unless an amendment to
this use permit is approved.
4. The garage doors for the commercial parking spaces located on the subject property, shall
remain open during regular business hours of the commercial uses.
5. Signs shall be posted, in accordance with Chapter 20.66.050 (3), on the subject property,
and shall be approved by the Planning Director prior to the issuance of a building permit or
occupancy.
6. All identification signs shall conform to the provisions of Chapter 20.06 of the Municipal
Code.
Use Permit No. 3682
September 21, 2000
Page 7 /f
The project shall comply with State Disabled Access requirements.
8. 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.
9. This Use Permit shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.80.090A of the Newport Beach Municipal Code.
Use Permit No. 3682
September 21, 2000
Page 8
EXHIBIT `B"
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3682
Findings:
The approval of Use Permit No. 3682 will, 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 for the following
reasons:
• Adequate parking is not provided on -site for the proposed use.
• The municipal parking lots are filled mainly by beach users and tourists in the
area, particularly on weekends when the nail salon is open, and therefore, will
not provide the additional parking spaces required for the use.
Use Permit No. 3682
September 21, 2000
Page 9 /
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Associated Realty
Service of NewPort Beach. Inc
600 West Balboa Blvd. Sole 103
Newport Bean. U 92663
949673 3663
August 14, 2000
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA
Attn: Jim Campbell, Planning Dept.
RE: 615 E. Balboa Blvd., Newport Beach
Your office has recently issued a business license to Natural Nails. Our
office handles the property management/leases for the landlord, Balboa
Associates. This property was built to code and there is ample parking
available nearby. However, these tenants in the commercial unit at 615
E. Balboa Blvd. have been informed by your office that the your
parking requirement at this establishment is inadequate.
In the interim, while Natural Nails waits for the public hearing by the
planning commission, a temporary waiver of this requirement is requested to
allow Natural Nails to open for business ASAP. As well, we request that
you issue a "Use Permit' to open for business ASAP for the reasons that
follow:
1. The majority of their business is expected to be walk -ins
2. With your permission, they could count the front parking meters, the
city lot across the street and the municipal lot located at the
establishment as client parking.
3. As well, the landlord will provide the tenants with 5 garaged
parking spots available now at the site while the matter is pending.
4. The probable long -term occupancy of the building or structure,
based on its design, will not generate additional parking demand.
We appreciate your assistance in this matter and hope your desire to
increase business in the Balboa business district is as great as ours.
City of Newport Beach
Planning Commission Minutes
September 21, 2000
SUBJECT: Natural Nails (Pam Ward, applicant)
615 East Balboa Avenue
• Use Permit No. 3682
DRAFT
Request to approve a waiver of the off -sheet parking requirements for a personal
service nail salon use on a property located in the SP -6 (RSC) District. The request
is a waiver of six (6) parking spaces.
Ms. Garcia, Associate Planner presented slides on the proposed application
noting the following:
• 1,723 square footage of commercial use on bottom floor.
• 3 residential dwelling units above the commercial uses.
• Nail salon, as comer tenant will occupy 720 square feet.
22 parking spaces required for total use.
• 16 parking spaces provided on site leaving a 6 -space deficit.
• Enclosed parking, both residential and commercial, with garage doors.
• Several Municipal Parking lots located near the subject property.
Public comment was opened.
Pam Warden, agent representing the commercial property, noted that they
understand and agree to the findings and conditions in the staff report. She
noted that they are allotting extra parking resulting from vacancies for this
tenant. However, when those vacancies are filled, there will be no extra parking
allowed for the salon. At Commission inquiry, she answered that there are six
extra spaces available for the nail salon and that there is a mixed use of both
residential and commercial in the garage parking. Each of the commercial uses
are allowed two double tandems and the residential uses are allowed a single
tandem.
Ms. Garcia noted that if appears that there is a vacancy in one of the upper
residential units and also a vacancy in one of the commercial units. However,
the parking required is based on full occupancy.
Chairperson Selich noted that at full occupancy there is a deficiency of six
spaces.
Marcia Dossey, Asset Manager for the property, noted that there is a deficiency
of six spaces. She noted that they take great care on the tenant mix for the on-
going use of residents and commercial uses. This property has been remodeled
both inside and out.
Commissioner Kran7Jey asked about the garage doors on the tandem spaces for
commercial use that are to remain open during the day.
Ms. Dossey answered that the garage doors on this particular unit share spaces
with the residential uses. The doors are in place because of the residential
INDEX
Item No. 1
UP No. 3682
Denied
City of Newport Beach
Planning Commission Minutes
September 21, 2000
security issue at night. She noted that it is posted that the garage doors are to
remain open during the day per Municipal Code.
Public comment was closed.
Commissioner Gifford noted that this original project when approved was given
the benefit of tandem parking. The garage doors were installed since the
building was built. The garage doors have been closed during the day. It would
be appropriate to deal with tenants who could live within the parking that has
been provided for this building.
Commissioner McDaniel asked if a donut shop was in that same place, would it
require less parking? He was answered that a retail usage is based on 1 per 250.
Chairperson Selich asked how there was tandem parking in a commercial use.
He was answered that the project was approved by a Use Permit and that it was
part of the approval.
Ms. Garcia, referencing an exhibit, explained the commercial and residential
parking that is provided on site.
Commissioner Gifford noted that she was on the Commission when this building
was approved and that considerable benefit was given to it. There is ample
opportunity to provide the parking for the nail salon and to work with the empty
units that are there to find tenants that could live within the parking provided by
the building. Motion was made to deny the waiver.
Chairperson Selich stated that the motion for denial was based on the fact that
this project was given substantial consideration for parking benefits in the use
permit approval and that there are no sufficient grounds to expand that.further
by providing this waiver.
Commissioner Tucker stated that he would not support the motion. He stated
that there is a lot of public parking nearby and this is a good service use that is
more local serving than a lot of the uses in the area.
Commissioner Kranzley stated his support of the motion.
Commissioner Agajanian stated his support of the motion adding that the
parking spaces are oriented towards visitors. If we start allowing commercial uses
to encroach upon the visitors' use of the spaces at critical times, it detracts. I
hate to set some kind of precedent that lets everybody to know that whenever
they happen to be located in the area of public parking that might be sufficient
justification to not provide for their own parking requirements on site.
3
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City of Newport Beach
Planning Commission Minutes
September 21, 2000
Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley
Noes: Tucker
Absent: None
EXHIBIT "B"
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3682
Findinas:
DRAFT
1. The approval of Use Permit No. 3682 will, 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 for the following reasons:
Adequate parking is not provided on -site for the proposed use.
The municipal parking lots are filled mainly by beach users and
tourists in the area, particularly on weekends when the nail
salon is open, and therefore, will not provide the additional
parking spaces required for the use.
Santa Ana Heights Equestrian Park (County of Orange,
applicant)
2202 Mesa Drive
• Use Permit No. 3680
• Acceptance of a Negative Declaration
Request to establish park providing equestrian recreational opportunities for
the public and nearby sidents of Santa Ana Heights, and restoring the area
known as "the mesa," whi overlooks the back bay that has been damaged
by equestrian activities, with n e vegetation.
Ms. Garcia noted that a packet confb<ing additional response to comments
had been distributed this evening. Thes dditional mitigation measures can
be added in response to the California Regi al Water Quality Control Board
comments. They are more specific requireme of the existing mitigation
measures incorporated currently in the Negative eclaration. She then
presented a visual presentation noting the following:
• Proposed Santa Ana Heights Equestrian Park is locate ' the Santa Ana
Heights unincorporated area, portions of which are in the Ci
• Area is surrounded by rural, equestrian, large lots.
• Area is County owned and maintained.
• Park is proposed for day use with no lighting required.
• No structures on site.
INDEX
Item No. 2
UP No. 3680
Acceptance of a
Negative Declaration
Approved
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