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Home My WebLink About2601 EASTBLUFF DR_NEWPORT BEACH TENNIS CLUB2601 Eastbluff Dr 2601 EASTBLUFF DRIVE. NEWPORT BEACH. CALIFORNIA 92660 (714) 644-0050 March 21, 1991 City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, California 92659 Re: Newport Beach Tennis Club Use Permit No. 3071 (amended) 2601 Eastbluff Drive To Whom it may concern: As part of the "Conditions of Approval" we hereby agree to comply with the following conditions as referenced in use permit number 3071 (amended): Condition #2 Previous Use Permits Condition #5 Hours of Operation Condition #6 Music - Aerobic Activity Condition #8 Exclusive Use Sincerely, F—M COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (7141 644-3200 ;,,�, gy enia Garci Assistant Planner gy:Marc M�vJera Assistant Planner Date- �/ Address: Plan Check No:_.YJ Vl By:Christy Teague Assistant Planner Districting Map No. Land Use Element Page Corrections Required: / Legal Description: Lot �V. Block Section Tract lyy Resubdiviaion required to combine lots or portions of lots when construction or alterations are in excess of $5,000. covenant required. Please have owner's signature gotarized'on the attached geddocument and return to me. � d� CL U13 Lot Size I/� Zone � 4, 4,-, �D Proposed Use Reguired Setbacks Rear Right Side Left Side Lot area (site area sg.ft.): 171-tc, - -D(,,,veJ0pme�J7T L r M r-r is 15/ 00 PAR WOE sq.ft. Base Development Allocation (BDA): comet sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res Pk Square footage permitted: Comm res nkg sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res nkg Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. PROPOSED PAR: [ F % site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: x FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H 1 sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. _ Required Parkin Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact In -lieu Parking Dimension building height as measured from natural grade to average and maximum roof height Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. qv _ Indicate location of trash containers on site plan. j Number of Stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in "—'- relation to the property line.& ff �— Fair Share Contribution ) San Joaquin Hills Transportation Corridor SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary excerpt of of v minutesrson and the listlanOf findings orate and `�— the attached; conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines ,Modification required for Planning Commission/City council:_ Use Permit: No. s Variance: No. Resubdivision/Tract: No. Site Plan Review: No• Amendment: No. Other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer -'-- Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No. (Note:. File 3 sets of plans: site, floor, and elevations) coastal Development Permit:EffNo.ive Date Waiver/Exemption: Eo. ffective date i r r i r A NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714)•644- 3200. FORMs\COMM-ZON.COR _ i f Conditions of Approval Use Permit No. 3071 (Amended) 2601 Eastbluff Drive P.C. #2091-90 Condition Department 1. Substantial Conformance Planning 2. Previot Use Permits Planning 3. Parking plan/restriping Traffic Engineer 10 Code Enforcement 4. Satellite pkg. area Public Works Traffic Engineer 5. Hours of operation Planning 6. Music -aerobic activity Planning 7. Handicapped pkg. Traffic Engineer 8. Exclusive use Planning 9. Improvements Public Works 10. Sight Distance Traffic Engineer 11. Footing Building 12. N/A 13. N/A Action Plans approval Letter of Comp. b�Ga�l Plans approval Field Check (o (►' Plans approval Letter of Comp. Letter of comp. Plans approval Field Check Letter of Comp. Plans approval Plans approval Plans approval Separate Permit • COMMISSIONERS January24, 1991 MINUTES 0'A d0`dN• ��n • �•A Gu. N CITY OF WIEWP®RT OUCH INDEX ROLL CALL Use Permit No 3071 (Amended),(Public Hearing) Item No.3 Request to amend a previously approved use permit which allowed UP3071A the expansion of the operational characteristics of the existing Newport Beach Tenni Club. The proposed amendment includes Approved a request to construct . new fitness center for the exclusive use of the tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact spaces for a portion of the additional parking provided. parking LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-B-2, P.R.D. and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert Pfahler, Manager, appeared before the Planning Commission. Mr. Pfahler addressed Exhibits "A" and "B", Condition No. 5, stating that the hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays wherein he stated that most of the fitness clubs in the area open at 6:00 a.m. to allow members use of the club prior to going to work in the morning, and he requested that Condition No. 5 be amended to allow the facility to be open by 6:00 a.m. daily. Mr. Pfahler addressed Condition No. 6 in Exhibits "A" and "B", stating that all doors and windows shall be kept closed at all times during the operation of the fitness center, and he stated that because the associated with the dance and aerobic activities only consists music of one part of the fitness center and the noise will emit only during the dance and aerobic classes, that the condition be amended to -10- r, 1 COMMISSIONERS January 24, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL state "be kept closed at all times during aerobic activities". Mr. Pfahler explained that the small windows open only toward the shopping center and the swimming pool. Commissioner Pers6n addressed previous public hearings in the tennis facility and concerns expressed by the conjunction with adjoining residents, wherein he indicated that he would not support the requested changes to the. conditions. He suggested that after the facility has been opened and has adhered to the approved conditions, the Planning Commission could review the request to amend the foregoing conditions. William Laycock stated that the hours of operation as indicated in Condition No. 5 in Exhibits "A" and'B", are the identical hours of the tennis club, with the exception of luaus and other permitted special events. In response to a question posed by Mr. Hewicker, Mr. Pfahler replied that the tennis club has new owners since the last public hearing. Mr. Hewicker addressed the problems that have occurred between the tennis club and the residents during previous years, and he advised that rather than change the foregoing conditions as requested, the applicant could come back to the Planning Commission to amend the use permit after the fitness center becomes established. In response to questions posed by Commissioner Merrill, Mr. Pfahler replied that a survey indicated that 250 tennis players have shown an interest in the fitness center and he speculated that one- third of those members would use the fitness center in the early morning and evening. In response to a question posed by Chairman Debay, Mr. Pfahler replied that the fitness center could accommodate 30 members in the aerobic area and 12 members in the fitness area at one time. -11- 'L�✓ ' Cis OMMISSIONERS .o .o tipO,p�' acn January 24, 1991 MINUTES ROLL CALL INDEX Commissioner Pomeroy addressed the foregoing Condition No. 6, in Exhibits "A" and "B" regarding the closure of the windows and doors, and he commented that he did not agree that the doors and windows should be closed all day if there is no noise or music generating from the fitness center. He stated that on the basis that since there have been no complaints under the new management, the Planning Commission should allow the fitness center to open at 6:00 a.m. to accommodate the members who wish to use the facility prior to going to work, and at a later date bring back the use permit for review. Commissioner Edwards stated that it would not be unreasonable to limit the operating hours from 7:00 a.m. to 10:00 p.m. inasmuch as said hours would coincide with the tennis club's hours during the week, and the club is under the flight pattern of the John Wayne Airport. He addressed concerns for the neighbors residing on the back tennis courts; members arriving before 6:00 a.m.; and members currently arriving before 7:00 a.m. Commissioner Edwards opposed the applicant's request to amend Condition No. 5 in Exhibits "A" and "B'; however, he supported the request to amend Condition No. 6 in either exhibit. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission. Mr. Pegg opposed the request to amend the operating hours to 6:00 a.m. and he questioned who would monitor the noise emitting from the fitness center if the doors and windows would be open. Mr. Pfahler reappeared before the Planning Commission in rebuttal to the previous testimony wherein he advised that the tennis club is opened at 7:00 a.m. by the receptionist and there is absolutely no activity at the club prior to that time. In response to a question posed by Commissioner Pers6n, Mr. Pfahler replied that the fitness center would be air conditioned; however, he said it would be their desire to utilize the air conditioning only during the aerobic classes when music is played I� -12- COMMISSIONERS January 24, 1991 MDT, �i �T MINUTES ROLL CALL INDEX and the remaining time the windows would be open to allow a breeze through the building. Mr. Mark Keller, architect, appeared before the Planning Commission wherein he stated that the fitness center will be built with operable windows and that it would be environmentally insensitive to ignore the capabilities of outdoor ventilation during certain times of the year. Mr. Keller pointed out that the activities located in the aerobic center would be appropriately sound attenuated, and would satisfy sound needs without forcing a waste of energy. Mr. Keller referred to Exhibit "A", Condition No. 3 requesting the restriping of the parking lot. He said that a portion of the parking lot could be restriped to remove compact parking spaces to the universal space of 8-1/2 feet by 17 feet; that Exhibit "B" requires restriping the existing parking lot to universal parking spaces; the 45 current compact parking spaces in the existing parking lot are 8 feet by 17 feet and the remaining parking spaces are 9 feet by 18 feet or 19 feet. Mr. Keller stated that the applicant would not be opposed at a future date to restripe the parking lot to universal parking spaces, but he said that it is currently an unnecessary economic expense. Mr. Keller addressed the expense to construct the remote parking facility to add parking to the tennis club, and he advised that modifications would be made to meet the universal parking space requirement. Mr. Keller stated that Exhibits "A" and "B" are feasible, and he said the applicant is willing to decrease the number of compact parking spaces to 23 percent. In response o a question posed by Chairman Debay, Mr. Keller replied that the applicant concurs with Exhibit "A' inasmuch as 90 to 95 percent of the parking is an existing parking lot; however, the applicant would reluctantly agree with Exhibit "B", that would require the entire parking lot to be restriped with the universal parking standards. Mr. Keller concurred with the findings and conditions in Exhibits "A" and "B" with the exception of the previous concerns regarding Conditions No. 5 and No. 6. -13- .`Oq�MMISSIONERS Pow January 24, 1991 CITY OF NEWPORT BEACH MINUTES 'ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to approve Use Permit No. 3071 (Amended) Motion subject to the findings and conditions in Exhibit "A". Commissioner Edwards addressed the concerns that were expressed by the homeowners in the area during previous public hearings. Commissioner Pomeroy emphasized it is not in the public's interest that doors and windows would be required closed when noise is not being generated, when energy is important, and the area's natural resources are not being used. Commissioner Merrill opposed the motion based on the location of the facility in the residential area, and what an expansion of the operation would impose on the residents. Commissioner Pomeroy supported the motion on the basis that the applicants have:a right to come back to the Planning Commission to modify the foregoing Conditions No. 5 and No. 6. Commissioner Pers6n stated that Exhibit "B" would increase the Substitute number of parking spaces. Substitute motion was made to approve Motion the findings and conditions in Exhibit "B" (with universal parking spaces). Commissioner Pomeroy suggested that Condition No. 3 be amended to give the applicants time to restripe the parking lot. The maker of the substitute motion agreed. Following a discussion, it was agreed that the applicants would be allowed a time frame of 6 months after occupancy to restripe the existing parking lot. Commissioner Di Sano supported the substitute motion. He concurred with Commissioner Pomeroy's foregoing comments regarding the open windows and the opening hour of 6:00 a.m., and he agreed that the applicant could come back to the Planning Commission at a later date to amend the use permit. -14- RC !"omMISSIONERS January 24, 1991 MINUTES Ap A DQ`OY. O� � N CITY ®N WP®RT EEACH INDEX LL CALL ayes * * The motion was voted on to approve Use Permit No. 3071 to the findings and conditions in Exhibit 'B" Ao * (Amended) subject (with universal parking spaces), including amended Condition No. 3 siating that the restriping of the parking lot shall be completed 6 months after occupancy. MOTION CARRIED. Findings: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport for the proposed Beach intends to use said document further that there are no additional reasonable project, and alternative or mitigation measures that should be considered in conjunction with said project. 4. That the design of the proposed improvements will not by the public at large conflict with any easements acquired for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3071 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in -15- COMMISSIONERS N tT� dY' �cn tE —N0\Pv January 24, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, parking plans and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 (Amended October 22, 1987) shall be fulfilled. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review.by the City Traffic Engineer. The applicant shall prepare a revised parking plan which complies with the universal parking standard and which eliminates all existing and proposed compact parking spaces. Said plan shall be prepared and approved by the City Traffic Engineer prior to the issuance of building permits, and shall provide approximately 155 parking spaces. The restriping of the existing parking lot shall be 'completed 6 months after occupancy. 4. That the design and grading of the new satellite parking area shall be subject to the approval of the Public Works Department and the City Traffic Engineer. 5. That the hours of operation of the proposed fitness center shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays. -16- ROLL C OW oMMISSIONERS January 24, 1991 MINUTES AAA i�o 0�, OCA CITY OF NEWPORT BEACH INDEX ;ALL 6. That all music from the aerobic/dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for , handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That sight distance be provided in conformance with the City Sight Distance Standard 110-L at the intersection of the private drive and the parking lot. 11. That the footing on the proposed retaining wall, located adjacent to the ten (10) foot easement, be deepened'so that with a forty-five degree projection from the bottom of the existing sewer main to the bottom of the proposed retaining wall footing the retaining wall will not be under -cut. 12. That 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. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -17- �y Planning Commission Meeting January 24 1991 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning'Commission FROM: Planning Department SUBJECT: Use Permit No 3071 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the ey'sting Newport Beach Tennis Club. The proposed amendment incluc, s a request to construct a new fitness center for the exclusive use of .he tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the additional parking provided. LOCATION: Loted at 2601 Eastbluff Drive, on the weste 66, Tract No. 6905, ly side of Eastbluff Drive, between Visa del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-13-2, P.R.D. and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach Application This application involves a request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed amendment includes a request to construct a new fitness center and related locker rooms for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces. In accordance with Chapters 20.10 and 20.30 of the Municipal Code, recreational establishments are a permitted use in the residential and commercial districts subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and modification procedures are set forth in Chapter 20.81 of the Municipal Code. Conformance with the General Plan The Land Use Element of the General Plan designates the subject property for "Recreational and Environmental Open Space" uses. The subject project is a permitted use TO: Planning Commission - 2. within this designation. The Land Use Element has also established area specific land use policies throughout the City. These "area" policies set a development limit of 15,000 square feet for the Newport Beach Tennis Club. Inasmuch as the total square footage of development, including the proposed fitness center, is only 11,276± square feet, the subject application is consistent with the Land Use Element policies and guidelines. Extended Background According to the Building Department files, the Newport Beach Tennis Club was established in 1966. At that time, private clubs were an automatic use in the R-4 and C-N Districts. The Tennis Club was allowed on the basis that it was a private club and not available to the general public for commercial purposes. At its meeting of October 20, 1966, the Planning Commission approved Use Permit No. 1233 which permitted the service of on -sale liquor in connection with the club restaurant and bar that were within two hundred feet of a residential district. Said action was approved for a period of three years. In May 1969, the Planning Commission approved an amendment to Use Permit No. 1233 which allowed the addition of dancing and live entertainment to the facility. Said action was subject to the bar and restaurant uses being operated as part of the private club and was approved for the remaining time of the original three year approval (approximately five months). On September 18, 1969, the Planning Commission continued until November 20, 1969, a request for a one year extension. Said request was approved at that time. The Planning Commission approved three other one year extensions which extended Use Permit No. 1233 to January 8, 1973. On January 9, 1973, the Modifications Committee assumed review authority over the subject use permit and over the subsequent ten years approved six extensions ranging from one to three years each. At its meeting of March 17, 1977, the Planning Commission approved Use Permit No. 1824 to install tennis court lighting over four existing Courts No. 7, 8, 9, and 10. Said action was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated March 17, 1977. At its meeting of February 9,1984, the Planning Commission approved Use Permit No. 3071 which involved a request to expand the operational characteristics of the Newport Beach Tennis Club to include eight club tournaments where only seven club tournaments were previously permitted; four tournaments involving public entities or public institutions; the continuation of the seven swimming meets now permitted annually; the continuation of the summer junior tennis clinics; the continuation of the service of alcoholic beverages in conjunction with the existing club restaurant and bar now permitted; the continuation of the permitted live entertainment and dancing within the clubhouse, outside the clubhouse, twice a year in conjunction with private parties, luaus or barbecues; and the continuation of permitting private parties in the restaurant and bar facilities with alcoholic beverages, live entertainment and dancing. The action of the Planning Commission was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission TO: Planning Commission - 3. minutes dated February 9, 1984. It should also be noted that said approval also nullified all previous conditions of approval of Use Permits No. 1233 and No. 1824. At its meeting of July 5, 1984, the Planning Commission approved Use Permit No. 3071 (Amended) which approved the deletion of Conditions No. 10, 11, and 27 and the addition of Conditions No. 34 and 35. An excerpt of the July 5. 1984 Planning Commission minutes are attached for the Planning Commission's information. At its meeting of August 27, 1984, the City Council reviewed and sustained the action of the Planning Commission concerning the approval of Use Permit No. 3071 (Amended). Said action was taken subject to the findings and conditions established by the Planning Commission with the exception of the modified and additional conditions set forth as follows: 23. (Modified by the City Council) That all perimeter landscaping shall be regularly watered, maintained and kept free from weeds and debris. 31. (Modified by the City Council) A barrier shall be provided between the tennis club parking lot and Laver Way, to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. Vehicle stops shall be installed, subject to the direction of the Traffic Engineer, where appropriate to protect the fence. 36. (Added by the City Council) That a chain link fence shall be installed to the satisfaction of the City; --wheel stops shall be installed to protect said fence; and a gate shall be installed at the entrance, which will be locked during the eight tournaments. In addition, the Newport Beach Tennis Club shall work out an agreement with the North Bluff Villas Homeowners Association regarding the maintenance of landscaping in the buffer area. Said improvements and agreement to be completed within 60 days of August 27, 1984. Attached for the Planning Commis 'on's information is an excerpt of the City Council minutes dated August 27, 1984, as i all as a copy of the final findings and conditions of approval. At its meeting of October 22, 1987, the Planning Commission approved an amendment to Use Permit No. 3071 which permitted the installation of additional tennis court,lights, the installation of security lighting within the parking lot and the expansion of the existing tennis club office. Said action was taken with the findings and subject to the conditions set forth in the attached excerpt of the Planning Commission minutes dated October 22, 1987. Recent Background At its meeting of September 22, 1988, the Planning Commission considered another TO: Planning Commission - 4. amendment to Use Permit No. 3071 which involved the establishment of a fitness center at the club which was very similar to the one now being proposed. Inasmuch as the applicant revised his application at the public hearing so as to include a request to permit a hand car wash facility within the club parking lot, the Planning Commission continued the application to its meeting of October 20, 1988 so as to allow staff to renotice the project. At its October 20, 1988 meeting, the Planning Commission approved Use Permit No. 3071 (Amended) which permitted the installation of the fitness center and related locker rooms but denied the request to allow a hand car wash use on the property. Attached for the Planning Commission's information are excerpts of the Planning Commission minutes dated September 22, 1988 and October 20, 1988 which set forth the findings and conditions of approval. In accordance with Section 20.80.090 of the Municipal Code, Use Permits granted in accordance with Title 20 of the Municipal Code shall expire within 24 months from the effective date of their approval (i.e. after the 21 day appeal period). Inasmuch as the applicant did not construct the project in accordance with the previous approval, Use Permit No. 3071 (Amended) expired on November 11, 1990. Environmental Significance The Planning Commission approved an environmental document in conjunction with the previously approved application for the proposed fitness center. Inasmuch as the subject project is substantially the same as the previous project, staff has determined that all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project. Therefore, no additional environmental documentation is required at this time. Staff has attached a copy of the previous environmental document for the Planning Commission's information. Analysis The applicant is now requesting to reestablish the previous approval for the private fitness center. Said facility will be the same as previously approved by the Planning Commission with the exception of some minor dhanges to the floor plan. The proposed project will continue to be located adjacent to the existing pool area and will include a total floor area of 3,975± square feet. Facilities within the fitness center will include an aerobic/dance area, a weight training area, men and women locker rooms, a massage room, an office, a TV room and miscellaneous electrical and storage rooms. As indicated by the applicant, the proposed fitness center will be for the exclusive use of the tennis club members which currently number approximately 600 members. The applicant has also indicated that the hours of operation of the fitness center will be from 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays which are consistent with the existing hours of operation for the tennis courts. TO: Planning Commission - 5. Required Off -Street Parkine The Zoning Code does not include a specific parking requirement for private tennis clubs; however, when the club was first established in 1967, there appears to "have been approximately 145 parking spaces provided within the front parking area adjacent to Eastbluff Drive. Based on the Public Works Department's aerial photographs which were taken in 1984, the club has more recently provided only 130 marked spaces within the front parking area. However, there appears to have been adequate space to park approximately 3 cars adjacent to the club entrance, which were not marked. This also appears to have been the parking configuration of the club in 1984 when the Planning Commission approved Use Permit No. 3071. It should also be noted that the club does not have a history of parking problems, except in the cases when major club tournaments are held, such as the Adoption Guild and Member Guest Tournaments. In accordance with Use Permit No. 3071, such tournaments are limited to eight events a year and a maximum of 35 tournament days a year. Therefore, the Planning Commission and the City Council determined at that time, that the existing on -site parking was adequate to meet the normal parking demand of the club. In conjunction with the Planning Commissions's approval of the previous application of the subject fitness center, the applicant was required to redesign the front parking area so as to provide 139 spaces. In addition, the applicant was required to construct 11 additional parking spaces in a small landscaped area adjacent to the service road, in the southwesterly portion of the site. Therefore, the previous approval provided a total of 150 parking spaces. Said parking plan was never implemented, inasmuch as the previously approved fitness center was never constructed. Proposed Off -Street Parkine As shown on the attached "Existing Parking" plan, there are currently 91 standard parking spaces (9 ft. x 18 ft.), 45 compact spaces (8 ft. x 17 ft.) and 2 handicapped spaces, for a total of 138 parking spaces'. Said parking plan was implemented between 1984 and 1988 and was never approved by the City Traffic Engineer. As noted above, the parking plan includes 45 compact parking spaces (33 %); therefore, the overa '. parking design is nonconforming inasmuch as compact parking has previously been limite, to 25 percent of the total parking. As further shown on the attached "Revised Parking" plan, the applicant is proposing to revise the existing parking design for the front parking area so as to create 5 additional spaces'. Although it appears that said parking plan results in 2 fewer compact spaces, the City Traffic Engineer has indicated that a field inspection of the site indicates that two of the proposed additional parking spaces shown as standard size spaces will have to be ' Said plan incorrectly indicates a total of 136 parking spaces. ' Revised Parking Plan incorrectly indicates 6 additional parking spaces. TO: Planning Commission - 6. compact spaces due to inadequate depth of the parking stall. Therefore, the proposed parking plan maintains the same number of nonconforming compact parking spaces while providing a total of 143 spaces. Because of the number of nonconforming compact parking spaces, along with the fact that the City no longer permits the establishment of new compact parking spaces, it is staffs suggestion that the existing parking lot be redesigned so as to conform to the universal parking standards. Such a redesign would result in 144 parking spaces that would be fully conforming to current parking design standards. As was the case with the previously approved application for the subject fitness center, the applicant is also proposing to construct a second parking area within a landscape slope area southwesterly of the proposed fitness center. Access to the parking area will be via an existing service road adjacent to the private drive which is shared between the tennis club and the Eastbluff Shopping Center. Said parking lot is proposed to have 7 standard spaces and 4 compact spaces for a total of 11 parking spaces. However, inasmuch as the City does has not permitted the establishment of new compact parking spaces since the adoption of the universal parking standard, the City Traffic Engineer is recommending that the new parking area also be redesigned so as to comply with the universal parking standard which require an 8 foot 6 inch width and a 17 foot depth. Based on these parking figures and assuming that the front parking area is also redesigned to the universal parking standards, the total number of proposed parking s aces will be 155 spaces, which represents a net increase of 17 par ng spaces. t should be noted that the previously approved application for the fitness center provided 17 additional parking spaces. It is staffs opinion that 155 parking spaces will be adequate for the existing and proposed club activities. It should also be noted that because of the existing slope condition of the proposed satellite parking area, it will be necessary for the applicant to construct a 5 to 6 foot high retaining wall on the interior boundaries of the parking area, so as to satisfy maximum permitted slopes within a parking area. Music With Pr000sed Aerobic Activities As mentioned previously, the proposed fitness center includes a 943± square foot aerobic/dance area which will involve the playing of recorded music. Although this is a normal related activity for such a use, the Planning Commission is reminded that the problem of noise from the tennis club activities has been a major concern of the surrounding homeowners in the past. Considering the proposed hours of operation for the fitness center, should the Planning Commission wish to approve this application, it is recommended that the proposed fitness building be appropriately sound attenuated so as to confine all music and other related noise to the interior of the building and that all windows and doors remain closed during the hours of operation. ,Specific Findings and Recommendations Section 20.80.060 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 TO: Planning Commission - 7. 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. Should the Planning Commission wish to approve this application with the parking plans proposed by the applicant, it is suggested that such action be taken with the findings and subject to the conditions set forth in the attached Exhibit "A". Should the Planning Commission wish to approve this application with the requirement to redesign the existing parking areas so as to conform to the universal parking standard, the findings and conditions set forth in the attached Exhibit "B". Should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit "C" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director 'am Ward Senior Planner Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Vicinity Map Excerpts of the Planning Commission minutes dated March 17, 1977, February 9, 1984, and July 5, 1984' Excerpt of the City Council minutes dated August 27, 1984 City Council Findings and Conditions of Approval for Use Permit No. 3071 (Amended) dated August 27, 1984 Excerpt of Planning k 'ommission minutes dated October 22, 1987, September 22, 1988, tnd October 20, 1988 Previously Certified Negative Declaration Site Plan, Parking Plans, Floor Plans and Elevations s1u w\uP\UPM71A.4 TO: Planning Commission - 8. EXHIBIT "A' FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3071 (AMENDED) January 24, 1991 (with standard and compact parking spaces) IIse Permit No 3071 (Amended): Findings: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the proposed project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3071 (Amended)will not, ander the circumstances comfort and general of this case, be detrimental to the health, safety, peace, welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, parking plans and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 TO: Planning Commission - 9. (Amended October 22, 1987) shall be fulfilled. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. However, said parking plans shall include a total of 154 spaces, 49 of which may be compact parking spaces. 4. That the design and grading of the new satellite parking area shall be subject to the approval of the Public Works Department and the City Traffic Engineer. 5. That the hours of operation of the proposed fitness center shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays. 6. That all music from the aerobic/dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the required number of handicapped panting spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That sight distance be provided in conformance with the City Sight Distance Standard 110-L at the intersection of the private drive and the parking lot. 11. That the footing on the proposed retaining wall, located adjacent to the ten (10) foot easement, be deepened so that with a arty -five degree projection from the bottom of the existing sewer main to the botte 1 of the proposed retaining wall footing the retaining wall will not be under -cut. 12. That 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. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval *as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission - 10. EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3071 (AMENDED) January 24, 1991 (with universal parking spaces) Use Permit No. 3071 (Amended): Findings: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the proposed project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. S. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3071 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, parking plans and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 (Amended October 22, 1987) shall be fulfilled. TO: Planning Commission - 11. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. The applicant shall prepare a revised parking plan which complies with the universal parking standard and which eliminates all existing and proposed compact parking spaces. Said plan shall be prepared and approved by the City Traffic Engineer prior to the issuance of building permits, and shall provide approximately 155 parking spaces. 4. That the design and grading of the new satellite parking area shall be subject, to the approval of the Public Works Department and the City Traffic Engineer. 5. That the hours of operation of the proposed fitness center shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays. 6. That all music from the aerobic/dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That sight distance be provided in conformance with the City Sight Distance Standard 110-L at the intersection of the private drive and the parking lot. 11. That the footing on the proposed retaining wall, located adjacent to the ten (10) foot easement, be deepened so that with a forty-five degree projection from the bottom of the existing sewer main to the bottom of the proposed retaining wall footing the retaining wall will not be under -cut. 12. That 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. 13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission - 12. , r EXHIBIT "C" FINDINGS FOR DENIAL OF USE PERMIT NO.3071 (AMENDED) January 24, 1991 1. That the addition of the proposed fitness center will increase the potential for further noise which will be experienced by the surrounding residential uses. 2. That the proposed parking plans to be used in conjunction with the proposed fitness center, provides only 16 additional parking spaces which is inadequate to meet the expected increased in the on -site parking demand. 3. The approval of Use Permit No. 3071 (Amended) will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. � r,lv •o .� 0 V R-4-0.2 P R-D IGtA1 G P b+ n- afi F r ID m P- / to P D Vt A IP y sr[ rel Re ra� DISTRICMU(B-MAP-COTV-O a .v -WElrJPGRT-BEACH-CALIF®RM tl•R MNNlT1111LL_KMDOTLL gRtlIR 4Y YbaiMd111ND COLtY11gRl OItTdCT Y-1 bld tlINVILCiVRItlO gaTgDT OpN}R01.{1D YLLwacnRlua DroTRLT .1910N$ untl m N LaRgto�. u 47 4t YIILLI INN.T am" twLu 11(}O[tlTLL d[TtlR NO C•1 LItl119A tDtltlStlgLL • WI.TIVLL KSOILITLL LltllR Lrotltlmwa Ot01T101 dOfRCT �� a0lpalRda a 'q DltiRiCT . �L•giRRKT s W.Lr. .. �� '��•�'^" wN �Ir wY.+ ►[ Yt[AC1tm MILTItYt [IIDDQ1mLL C-6 [tD,OILL WOCdIGL dRR14T .� .C� CDtl[gIMO W UMLINIRD 16�DXf m.mq. ' w .f. t�AyyllgwyM��INNyayMp L}I N� OY•tl1aMR[ WIC fypif tl•. � /ATIK[ KYYISIRIRL d[tdCT L— � I,ROJ®IRTf gtflbCT Yp a tN RRN •Y• m N.I.Ntegf m eR Dome,mo t an "s, dtfTKT r 11• �7 Y4Gta0gRSD aCIdR O W.RNN MYf mMl .01R[1. �t6 11 71 (m `fs 2601 EASTBLUFF DRIVE. NEWPORT BEACH. CALIFORNIA 92660 (714) 644.0050 January 9, 1991 City of Newport Beach P.O. Box 1768 Newport Beach, California 92659 RE: Newport Beach Tennis Club - Use Permit 3071 This letter will serve as our agreement to comply with all the conditions of Conditional Use Permit Number 3071 and specifically the following conditions:, Condition #-I -'Substantial Compliance Condition #93�'- Hours of Operation Condition #e3� - Aerobic Activity Condition #A'V Fitness Center Use Ron Pfahler, President 0 C a CONDITION OF APPROVAL USE PERMIT #3071(A) 2601 Eastbluff Drive PC # 2091-90 ndition Dent 1. Substantial Pla 'n Conformance 2. Use Permit 3071(A) Planni 3. Parking Plan Traffic Engineer 4. Parking Area .Public Works Traffic Engineer 5. Hours of Operation Plannin 6. Aerobic Activity Pl 7. Handicapped Parka g Building Traffic 8. Fitness Center Use Planning 9. N/A 10.N/A Action Plans Approval Letter of Compliance Plans Approval Plans Approval Letter of Compliance Letter of Compliance Field Check Plans Approval Letter of Compliance n COMMISSIONERS MINUTES q .o yOc��/L iPm d�%,9N99y 9 9i ' CITY OF NEWPORT October 20, 1988 ROIL CALL INDEX Use Permit No 3671 (Amended)(Continued Public Hearine) Item No.5 Request to amend a previously approved use permit which UP3071A allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed Approved amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact .. parking spaces for a portion of the required off-street parking. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. f ZONES: R-4-B-2, P-R-D and C-N-H w APPLICANT: Newport Beach Tennis Club, Newport Beach a i . OWNER: William K. Parker, Newport Beach Commissioner Edwards stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Bill Parker, applicant, appeared before the Planning Commission. Mr. Parker requested approval of the fitness center, and he said that the applicants will attempt to work with the neighbors. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission, and he adhered to his remarks during the September 22, 1988, Planning Commission meeting. Mr. Pegg repeated that his primary concern is when will the requests for expansion to the Newport Beach Tennis Club cease, inasmuch as they have been expanding over the past 22 years. Mr. Edward H. Stone, 2627 Bamboo Street, appeared before the Planning Commission. Mr. Stone referred to Condition No. 11 requesting that the size of aerobic classes be limited so as not to create an on -site parking problem and he asked what is the class limit? In reference to Condition No. 6 requesting that the doors and windows be closed during the operation of the fitness center, he asked if the fitness center will be -9- COMMISSIONERS ��Fy No 9�9�,o yo9< y of s October 20, 1988 MINUTES ROLL CALL INDEX sound proofed and air conditioned? Mr. Stone stated that he is concerned that the Newport Beach Tennis Club continues to apply for expansions. Mr. Parker reappeared before the Planning Commission to address the foregoing concerns. He explained that the fitness center will be air conditioned, that no windows will be able t - open, and that the building will be sound proofed. In reference to the size of the aerobic classes, Mr. Parker stated that the classes of 30 to 35 participants are proposed, and that said classes will not be held during the peak hours of the Newport Beach Tennis Club. James Hewicker, Planning * Director, addressed the neighbors, concerns regarding the continued expansion of the Newport Beach Tennis Club. He explained that the Newport Bench Tennis Club is governed by the conditions of the use permit, that under those conditions the applicant is limited to the types of activities that they are allowed to have and to the extent that they are able to do said activities. Mr. Hewicker further explained that the applicants are required to come back to the Planning Commission and amend the use permit so as to allow additional uses that have not been permitted in the past. Mr. Hewicker concluded that, legally, the applicants cannot be instructed not to come back to the Planning Commission to amend their use permit. There being no others desiring to appear and be heard, the public hearing,was closed at this time. Commissioner Debay referred to Condition No. 9 which states that the Planning Commission may add to or modify conditions of the use permit or recommend revocation of the use permit upon a determination that the operation is detrimental to the peace of the community. Motion' * was made to approve Use Permit No. 3071 (Amended) and Motion related environmental document, subject to the findings and conditions in Exhibit "A". Commissioner Merrill stated that he would not support the motion inasmuch as the fitness center is a different use than was originally presented to the community, and he maintained that said Tennis Club should not be amending the use permit to include additional uses. He indicated that the expansion will require some loss to the landscaping and will add more asphalt, and that the use will generate additional morning traffic. Commissioner Merrill concluded that the Newport Beach -10- COMMISSIONERS 4N� MINUTES y�0 ,��N��9/y 9� 1a00 0\'oN2o October 20, 1988 ROLL CALL INDEX Tennis Club should not expand any further in the residential area. Ayes * * * * * Motion was voted on to approve Use Permit No. 3071 * (Amended) and related environmental document. NOTION No Absent * CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. , 2. That the cont:nts of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environ- ' mental impact. B. Use Permit No. 3071 (Amended): Findines: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed number of compact car spaces constitutes 25.3 percent of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applications. 4. The approval of Use Permit No. 3071 (amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title -11- COMMISSIONERS MINUTES G�F� NO p�vjf 9y 9l' ROLL CALL October 20, 1988 October 20, 1988 COMMISSIONERS MINUTES October 20, 1988 `ROLL CALL INDEX y. with one handicapped sign on a post for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That the Planning Commission may add to or modify r; 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. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as '. specified in Section 20.80.090A of the Newport Beach Municipal Code. '.. 11. That the size of classes and the hours of operation i; of the aerobic facility shall be limited so as not a to create an on -site parking problem for the tennis „ club facility. 12. That the aerobic classes shall not be scheduled during peak tennis court use which will include the following hours as a minimum: 3:30 p.m. to 6:00 w p.m. Monday through Friday and 9:00 a.m. to 12:00 ' noon Saturday, Sunday and national holidays. In " addition, the aerobic classes shall not be scheduled during major club tennis tournaments, special tournaments, and swim meets on the property. 13. That no car washing or detailing operation shall be permitted on -site, unless an amended use permit is _ approved by the Planning Commission. ent}rnemtnNo4'�7 Pable�t3c=aT�. Item No.6 Request to Am a 20 of the Newport Beach Municipal Code, establishing reg.s pertaining to Granny Units on residential lots in the ewport Beach. INITIATED BY: The City of Newport Beach -13- Planning Commission Meeting October 20, 1988 Agenda Item No. 5 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3071 (Amended) (Continued Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking. LOCATION: Lot 66, Tract 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. i ZONES: R-4-B-2, P-R-D and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: William K. Parker, Newport Beach Application This application involves a request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces; and the acceptance of an environmental document. In accordance with Chapters 20.10 and 20.30 of the Municipal Code, recreational establishments are a permitted use in the residential and commercial districts subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Background This item was continued from the September 22, 1988 Planning Commission meeting so as to allow staff the opportunity to renotice the subject application so as to include a hand car wash detailing operation at the t TO: Planning Commission-2. tennis club and to allow the applicant additional time to develop a schedule for the operation of the fitness center relative to the other activities of the club. It should be noted that the applicant has decided not to pursue the car washing activity at this time; therefore, the application was not renoticed as originally intended. OORerating Schedule for Proposed Fitness Center At the previous public hearing, the Planning Commission expressed some concern that the level of activity generated by the proposed fitness center may create an on -site parking problem for the tennis club. Therefore, the applicant was requested to develop a schedule for the operation of the fitness center relative to other activities at the tennis club. According to the applicant, the peak hours for tennis court use is 3:30 p.m, to 6:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 noon Saturday and Sunday. In order to insure that there will be adequate parking for the proposed fitness center, staff is suggesting that the aerobic classes not be scheduled during the peak tennis periods mentioned above. The applicant has indicated that such a restriction would not be a problem inasmuch as the aerobic classes are intended to be scheduled in the mornings, Monday through Friday. In addition, staff has suggested that the aerobic classes not be scheduled during the major tournaments at the club. The applicant has also indicated that he would have no objections to said restriction. eiehborhood Comolaints Reeistered with the Police Department Based on testimony given at the previous public hearing, staff has contacted the Police Department concerning the number of complaints received relative to the operation of the tennis club. According to the Environmental Services Division of the Newport Beach Police Department, the only time that an official file is established for a particular business or property, is when said business has become a chronic problem and has been the reason for numerous complaints received by the Police Department. Until such a file is started, the Police Department does not keep track of the number of complaints received for a particular business or property. The Police Department has indicated that inasmuch as there is no current file for the Newport Beach Tennis Club, the facility does not appear to be a chronic problem. Su�gested Action Should the Planning Commission wish to approve this application, staff has attached a revised Exhibit "A" which includes the following additional finding and conditions: Findine• 5. That the aerobic activities associated with the proposed fitness center will be scheduled so as not to conflict with the peak TO: Planning Commission-3. four tournaments involving public entities or public institutions; the continuation of the seven swimming meets now permitted annually; the continuation of the summer junior tennis clinics; the continuation of the service of alcoholic beverages in conjunction with the existing club restaurant and bar now permitted; the continuation of the permitted live entertainment and dancing within the clubhouse, outside the clubhouse, twice a year in conjunction with private parties, luaus or barbecues; and the continuation of permitting private parties in the restaurant and bar facilities with alcoholic beverages, live entertainment and dancing. The action of the Planning Commission was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated February 9, 1984. At its meeting of July 5, 1984, the Planning Commission approved Use Permit No. 3071 (Amended) which approved the deletion of Conditions No. 10, 11, and 27 and the addition of Conditions No. 34 and 35. An excerpt of the July 5. 1984 Planning Commission minutes are attached for the Planning Commission's information. At its meeting of August 27, 1984, the City Council reviewed and sustained the action of the Planning Commission concerning the approval of Use Permit No. 3071 (Amended). Said action was taken subject to the findings and conditions established by the Planning Commission with the exception of the modified and additional conditions set forth as follows: 23. (Modified by the City Council) That all perimeter landscaping shall be regularly watered, maintained and kept free from weeds and debris. 31. (Modified by the City Council) A barrier shall be provided between the tennis club parking lot and Laver Way, to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. Vehicle stops shall be installed, subject to the direction of the Traffic Engineer, where appropriate to protect the fence. 36. (Added by the City Council) That a chain link fence shall be installed to the satisfaction of the City; wheel stops shall be installed to protect said fence; and a gate shall be installed at the entrance, which will be locked during the eight tournaments. In addition, the Newport Beach Tennis Club shall work out an agreement with the North Bluff Villas Homeowners Association regarding the maintenance of landscaping in the buffer area. Said improvements and agreement to be completed within 60 days of August 27, 1984. Attached for the Planning Commission's information is an excerpt of the City Council minutes dated August 27, 1984. At its meeting of October 22, 1987, the Planning Commission approved an TO: SUBJECT: Planning Commission Meeting Member 22, 1988 Agenda Item No. 5 CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit No 3071 (Amended) (Continued Public Hearing)_ Request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces; and the acceptance of an environmental document. LOCATION: Lot 66, Tract 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-B-2, P-R-D and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: William K. Parker, Newport Beach Application This application involves a request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis" Club. The proposed amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces; and the acceptance of an environmental document. In accordance with Chapters 20.10 and 20.30 of the Municipal Code, recreational establishments are a permitted use in the residential and commercial districts subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance In accordance with the California Environmental Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared 1.3 e TO: Planning Commission-6. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membersh;p and shall not be open to the general public. 9. That 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. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code, 11. That the size of classes and the hours of operation of the aerobic facility shall be limited so as not to create an on -site parking problem for the tennis club facility. 12. That the aerobic classes shall not be scheduled during peak tennis court use which will include the following hours as a minimum: 3:30 p.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 noon Saturday, Sunday and national holidays. In addition, the aerobic classes shall not be scheduled during major club tennis tournaments, special tournaments, and swim meets on the property. 13. That no car washing or detailing operation shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. COMMISSIONERS � AvtF \1600\ � .� September 22, 1988 g` r, MINUTES INDEX ROLL_ CALL Use Permit No 3071 (Amended)(Continued Public Hearing) Item No.5 Request to amend a previously approved use permit which UP3071A allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed Continued amendment includes a request to construct a new locker to room and fitness center for the exclusive use of tennis 10-20-88 club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces; and the acceptance of an en.ironmental document. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-B-2, P-R-D and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: William K. Parker, Newport Beach Commissioner Edwards stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. William Parker, owner, appeared before the Planning Commission. Mr. Parker reviewed the application, and he said that in addition to the request for the fitness center, locker rooms, and additional compact parking spaces, and that in addition they are requesting a hand car wash to be located in the corner of the parking lot. Mr. Parker stated that he concurs with the findings and conditions in Exhibit "A". James Hewicker, Planning Director, stated that the applicant's request to establish a hand car wash requires a public notice, and additional conditions would need to be added to the use permit. Mr. Hewicker stated that based on the additional square footage that is being planned, that 145 people could occupy the proposed facilities, and he questioned if there would be adequate parking spaces if all of the facilities would be operating concurrently. Mr. Parker explained that the current parking ratio permits 9 people on the tennis courts at the same time; that there is sufficient parking for the current uses; that they do not envision an increase of use during peak hours of 5:00 p.m. to 16- 5� <<y, 6111 TO: Planning Commission-7. EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO. 3071 (AMENDED) AND RELATED ENVIRONMENTAL DOCUMENT October 20, 1988 1. That the addition of the proposed fitness center will increase the potential for further noise which will be experienced by the surrounding residential uses. 2. That the proposed parking plan to be used in conjunction with the proposed fitness center and locker room addition, provides only 17 additional parking spaces which is inadequate to meet the expected increased in the on -site parking demand. 0 3. The approval of Use Permit No. 3071 (Amended) will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. r COMMISSIONERS' September 22, 1988 MINUTES r ` c CITY OF NEWPORT MCAIUM INDEX ROLL "CALL I I It 6:30 p.m.; and that the majority of the aerobic classes will be in the mornings. Mr. Hewicker stated that the parking lot currently has adequate parking spaces; however, he said that he had observed automobiles parked illegally in front of the entrance to the Club. In response to o estions posed by Commissioner Winburn, Mr. Parker repli,3 that the aerobic classes will be for members only with the exception of an occasional guest; that the fitness room will be air conditioned; that the doors and windows shall remain closed; and the fitness room will be soundproof. Commissioner Pers6n requested that the applicants inform the Planning Commission the operating schedule that they are anticipating for the proposed uses. He suggested that the applicant consider said request and come back to the Planning Commission in two weeks with the recommendations. Mr. Hewicker explained that there could be a conflict between uses, and he requested that the applicants submit a schedule of activities demonstrating how the parking lot will be utilized. Fir. Parker stated that 'the restaurant will be closed between 5:00 p.m. to 8:00 p.m. when the fitness center will be the busiest. Mr. Parker explained that the purpose of the fitness center is to accommodate the needs of the active members of the Club and not to attract new members. In response to questions posed by Commissioner Merrill, Mr. Parker replied that food is prepared only during the lunch hour and catered special events; that the fitness facility is presently 600 square feet; that the aerobic center consists of 200 square feet; and that the three classes a day consist of approximately four to five members each. In response to a question posed by Chairman Pomeroy, Mr. Parker replied that he would concur to an added condition that would require that the fitness center be closed during special events and tournaments. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission in opposition to the proposed expansion. He stated that the expansion has a potential to increase the noise, loud music, and congestion in the parking lot. In reference to the existing conditions -17- Y µ' s' 'COMMISSIONERS 0 G� �Npy9�r�o 2�'c '. September 22, 1988 MINUTES `ROLL° CALL INDEX that the applicant must continue to comply with in accordance with Condition No. 2 in Exhibit "A" of the staff report, Mr. Pegg stated that he has ongoing, concerns regarding loudspeakers, special events, noise emitting from the parking lot, private parties, tennis court lights, and parking lot lights. Mr. Pegg referred to recent special events on September 10, 1988, and September 20, 1988, that would verify said concerns. a In response to numerous questions posed by Commissioner Di Sano, Mr. Pegg replied that he resides approximately 180 feet from the subject Tennis Club; that there are residents who have expressed concerns who are not attending the subject public hearing; that he has attended previous public hearings regarding reviews of use permits concerning the facility; and that he has not requested to the City Council that the use permits be reviewed by the Planning Commission. l The public hearing was closed at this time. In response to Commissioner Merrill's consideration to review previously approved conditions of approval, Mr. �• Hewicker explained that if the Planning Commission would F request that a use permit be called up for review that t staff would send out public• notices to all property owners within 300 feet of the facility stating that the c Planning Commission would be considering a review of the use permit. Mr. Hewicker explained that numerous meetings were held in 1984 with various members of Community Associations that surround the Tennis Club because of their concerns, and that at that time there was an attempt to satisfy all concerned parties. Commissioner Di Sane suggested that the use permit could be continued to allow the applicant an opportunity to request a hand car wash operation; the residents would be notified that the conditions of the previously approved use permit were to be reviewed; and consideration of the requested expansion. Commissioner Merrill expressed his concerns regarding the Newport Beach Tennis Club's continued requests for expansion and the intensification of use, and he said that limits need to be set regarding those requests. Commissioner Pers6n made a motion to continue Use Permit Motion * No. 3071 (Amended) to the October 6, 1988, Planning Commission meeting. Commissioner Pers6n suggested that the Police Department submit a report to staff advising -18- ' �U h 'r . @OMMISSION ERS ydG�Qy QNNooy�CCP�yZoy September 22, 1988 MINUTES �. ROLL" CALL -- - - -- --- INDEX if they have' been notified of any problems concerning the Tennis Club, and he recommended that the applicant submit an operating schedule of activities. The public hearing was reopened, and Mr. Parker reappeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Parker replied that the requested exp. ision would be completed in eight to ten months, and he concurred that it would be from twelve months to eightec.i months before a review could be made of the facility. In rebuttal to the foregoing testimony, Mr. Parker responded that the Charity Event was substituted for the previous Pacific Southwest Open and ended at 8:15 p.m.; he apologized if the tennis courts remained lighted; that the member/guest tournament complies with the approved use permit; and that the reunion party was not an outside function inasmuch as it was coordinated by members of the Tennis Club. In response to a question posed by Commissioner Merrill, Mr. Parker replied that the Assistant Manager of the Tennis Club was on the site during the reunion party. Commissioner Pers6n stated that Condition No. 30, Use Permit No. 3071, requires the doors and windows to be closed during the times live entertainment is being provided. He reminded the applicant that the Tennis Club is a commercial establishment in the middle of a residential community. Commissioner Pers6n stated that he was a member of the Planning Commission when the use permit was reviewed twice by the Planning Commission in 1984. In reference to the conditions of approval, Mr. Hewicker stated that there is a condition that requires the Tennis Club to submit a list of tournaments that have been scheduled. Mr. Parker concurred, and stated that seven tournaments had been scheduled. Mr. Parker submitted a letter to the Planning Commission from the Bluffs Community Association that abuts the proposed fitness center site in support of the application. The public hearing was closed at this time. -19- " COMMISSIONERS 0 MINUTES September 22, 1988 ,'. ,... i is INDEX ROLL _CALL Chairman Pomeroy stated that the applicants are not requesting a change of use but an expansion of an aerobics and fitness center. He commented that only one resident in the area has stated opposition to the expansion and he addressed those concerns; however, he said that the Tennis Club has significantly improved the operation of the facility. Commiss oner Merrill stated that by adding an additional 3,000 sivare feet, a number of events could occur at the a. facility which would intensify the use. In reference to a continued public hearing, Mr. Hewicker suggested that Use Permit No. 3071 (Amended) be continued to the October 20, 1988, Planning Commission meeting to allow staff adeCluate time to renotice the public hearing for the proposed hand car wash facility. The maker of the motion concurred with the' recommendation. Commissioner Merrill suggested that the applicant 'submit „ a plot plan that would show the adjacent properties. The foregoing motion was voted on to continue Use Permit No. 3071 (Amended) to the October 20, 1988, Planning Ayes * * * * Commission meeting. MOTION CARRIED. -Absent Item No.6 Lot Line Adjustment No. 88-2 Continued Public Heari LLA 88-2 Request to adjust a lot line between co iguous Continued residential parcels in Corona del Mar. to 10-20-88 LOCATION: Parcels 1 and 2, Resubdiv ion No. 2, located at 2340 Bayside rive, on the northerly side of Bays' a Drive; and a portion of abando Pacific Drive, located at 2333 P ific Drive, on the southerly side o acific Drive, adjacent to Begonia Par in Corona del Mar. ZONE: R-1 APPLICANTS: Donal G. Griswold, Newport Beach and Mar et H. Simpson, Corona del Mar OWNERS: ame as applicants ENGINEER: Pete J. Duca, Corona del Mar -20- TO: Planning Commission-5. 5. That the aerobic activities associated with the proposed fitness center will be scheduled so as not to conflict with the peak periods of daily tennis court use, and during major tournaments on the property. Conditions• 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 (Amended October 2T, 1987) shall be fulfilled. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. The applicant shall prepare a revised parking plan which incorporates all of the design changes required by the City Traffic Engineer. Said plan shall be prepared and approved by the City Traffic Engineer prior to the issuance of building permits. 4. That the design and grading of the new satellite parking area shall be subject to the approval of the Public Works Department and the City Traffic Engineer. 5. That the hours of operation of the proposed fitness center shall be limited between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, and between 8:00 a.m, and 10:00 p.m. Saturday, Sunday and national holidays. 6. That all music from the aerobic/dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. I +"A TO: Planning Commission-3. periods of daily tennis court use, and during major tournaments on the property. Conditions: 11. That the size of classes and the hours of operation of the aerobic facility shall be limited so as not to create an on -site parking problem for the tennis club facility. 12. That the aerobic classes shall not be scheduled during peak tennis court use hich will include the following hours as a minimum: 3:30 p.m. o 6:00 p.m., Monday through Friday and 9:00 a.m. to 12:00 noon Saturday, Sunday and national holidays. In addition, the aerobic classes shall not be scheduled during major club tennis tournaments, special tournaments, and swim meets on the property. Should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By v "�Iam Ward Senior Planner Attachments: Exhibit "A" (Revised) Exhibit "B" Excerpt of the Planning Commission Minutes Dated September 22, 1988 Previous Staff Report for Use Permit No. 3071 (Amended) Dated September 22, 1988 A TO: Planning Commission-4. EXHIBIT "A" (REVISED) FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3071 (AMENDED) AND RELATED ENVIRONMENTAL DOCUMENT October 20, 1988 A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. ° 3. The project will not have any significant environ- mental impact. B. Use Permit No. 3071 (Amended): Findings: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed number of compact car spaces constitutes 25.3 percent of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applications. 4. The approval of Use Permit No. 3071 (amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. TO: Planning Commission-2. for the proposed project. Based on the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Conformance with the General Plan_ The Land Use Element of the General Plan designates the northerly portion of the site for "Recreational and Environmental Open Space" and the southerly portion of the site is designated for "Retail and Service Commercial" uses. The subject project is a permitted use within these designations. Extended Back rg ound According to the Building Department files, the Newport Beach Tennis Club was established in 1966. At that time, private clubs were an automatic use in the R-4 and C-N Districts. The Tennis Club Was allowed on the basis that it was a private club and not available to the general public for commercial purposes. At its meeting of October 20, 1966, the Planning Commission approved Use Permit No. 1233 which permitted the service of on -sale liquor in connection with the club restaurant and bar that were within two hundred feet of a residential district. Said action was approved for a period of three years. In May 1969, the Planning Commission approved an amendment to Use Permit No. 1233 which allowed the addition of dancing and live entertainment to the facility. Said action was subject to the bar and restaurant being conducted as a private club and was approved for the remaining time of the original three year approval (approximately five months). On September 18, 1969, the Planning Commission continued until November 20, 1969, a request for a one year extension. Said request was approved at that time. The Planning Commission approved three other one year extensions which extended Use Permit No. 1233 to January 8, 1973. On January 9, 1973, the Modifications Committee assumed review authority over the subject use permit and over the subsequent ten years approved six extensions ranging from one to three years each. At its meeting of March 17, 1977, the Planning Commission approved Use Permit No. 1824 which was a request to install tennis court lighting over five existing courts; Numbers 7, 8, 9, 10 and 18. Said action was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated March 17, 1977. Recent Background At its meeting of February 9, 1984, the Planning Commission approved Use Permit No. 3071 which involved a request to expand the operational characteristics of the Newport Beach Tennis Club to include eight club tournaments where only seven club tournaments were previously permitted; TO: Planning Commission-4. amendment to Use Permit No. 3071 which permitted the installation of additional tennis court lights, the installation of security lighting within the parking lot and the expansion of the existing tennis club office. Said action was taken with the findings and subject to the conditions set forth in the attached excerpt of the Planning Commission minutes dated October 22, 1987. Analysis As shown on the attached plans, the applicant is proposing to add a private fitness center to the tennis club facility. Said facility will be located adjacent to the existing pool area and will include a 1,000± sq.ft. aerobic/dance area; a 1,300± sq.ft. weight training area; a juice bar containing 8 bar stools and a related seating area containing 2 tables and 8 chairs; related bath rooms; a storage room; and a small office. As indicated by the applicant, the proposed fitness center will be for the exclusive use of the tennis club members which currently numbers approximately 1,100 members. The applicant has also indicated that the hours of operation of the fitness center will "be from 7:00 a.m, to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays which are consistent with the existing hours of operation for the tennis courts. The applicant is also proposing to construct new locker rooms for men and women which include a combined floor area of approximately 1,115 sq.ft. and will be located south of the main entry to the club. These facilities will include locker rooms, wash rooms, showers and steam rooms and they will be accessed from the pool deck area. Reouired'Off-Street Parkine The Zoning Code does not include a specific parking requirement for private tennis clubs; however, when the club was first established in 1967, there appears to have been approximately 145 parking spaces provided within the front parking area adjacent to Eastbluff Drive. Based on the Public Works Department's aerial photographs which were taken in 1984, the club has more recently provided only 130 marked spaces within the front parking area. However, there appears to have been adequate space to park approximately 3 cars adjacent to the club entrance, which were not marked. This also appears to have been the parking configuration of the club in 1984 when the Planning Commission approved Use Permit No. 3071. It should also be noted that the club does not have a history of parking problem, except in the cases when major club tournaments are held, such as the Adoption Guild and Member Guest Tournaments. In accordance with Use Permit No. 3071, such tournaments are limited to eight events a year and a maximum of 35 tournament days a year. Therefore, the Planning Commission and the City Council determined at that time, that the existing on -site parking was adequate to meet the normal parking demand of the club. Recently the applicant has resurfaced and restriped the existing parking area so as to generally conform to the parking design shown on the attached f� Y] TO: Planning Commission-5. parking plan. Although said parking design increases the parking to 140 spaces, the parking plan was not approved by the City Traffic Engineer and in some cases does not fully comply with accepted parking design standards. For example, parking spaces 1-35 are shown as compact spaces, 8 feet wide and 16 feet in depth and parking spaces 36-45 are shown as standard spaces with typical dimensions of 9 feet wide and 24 feet in depth. However, a field inspection by the City Traffic Engineer has revealed that parking spaces 36-45 are actually only 8 feet wide and therefore substandard. It has been suggested by the City Traffic Engineer that if each of the 35 compact spaces were narrowed to 7 feet, 6 inches, there would be adequate space to provide the required width of 9 feet for 10 standard size parking spaces, for a total of 45 parking spaces immediately adjacent to Eastbluff Drive. The applicant is also proposing to add two parallel parking spaces (spaces 139 and 140) which are located adjacent to Court #2, however, it appears that one of these spaces will interfere with a proposed handicapped ramp and therefore one of said spaces must be deleted. Therefore, the total parking in the front parking area will be 139 spaces, whereas previously there was only 133t spaces. The attached plans indicate that there were previously only 127 parking spaces; however, this cannot be verified in the field because the previous parking lot striping has been removed. Based on the parking shown on the previously mentioned aerial photograph, it appears that the suggested changes to the parking design will result in a net increase of 6 spaces in the front parking area. The applicant is also proposing to construct a second parking area within a landscape slope area southwesterly of the proposed fitness center. Access to the parking area will be via an existing service road adjacent to the private drive which is shared between the tennis club and the Eastbluff Shopping Center. Said parking lot is proposed to have 6 standard spaces and 8 compact spaces for a total of 14 parking spaces. However, because of the irregular shape of the parking area and the 25 percent limit on compact parking, the City Traffic Engineer has indicated that only 8 standard spaces and 3 compact spaces can be appropriately provided and still comply with minimum back-up requirements. Based on these parking figures, it appears that the total of 150 parking spaces will be provided which represents a net increase of 17 parking spaces. It is staff's opinion that 150 parking spaces will be adequate for the existing and proposed club activities. It should also be noted that because of the existing slope condition of the proposed satellite parking area, it will be necessary for the applicant to construct a 5 to 6 foot high retaining wall on the interior boundaries of the parking area, so as to satisfy maximum permitted slopes within a parking area. Music With Proposed Aerobic Activities As mentioned previously, the proposed fitness center includes a 1,000 sq.ft. aerobic/dance area which will involve the playing of recorded music. Although this is a normal related activity for such a use, the Planning Commission is reminded that the problem of noise from the tennis club activities has in the past been a major concern of the surrounding ,r ;t ��Y�7' C11"' TO: Planning Commission-6. homeowners. Considering the proposed hours of operation for the fitness center, should the Planning Commission wish to approve this application, it is recommended that the proposed fitness building be appropriately sound attenuated so as to confine all music and other related noise to the interior of the building and that all windows and doors remain closed during the hours of operation. Specific Findings and Recommendations Section 20.80.060 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. Should the Planning Commission wish to approve this application, it is suggested that such action be taken with the findings and subject to the conditions set forth in the attached Exhibit "A". However, should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director `W.�TJill�am Ward ' Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission minutes dated March 17, 1977, February 9, 1984, and July 5, 1984 Excerpt of the City Council minutes dated August 27, 1984 City Council Findings and Conditons of Approval for Use Permit No.3071 Excerpt of the Planning Commission Minutes Dated October 22, 1987 Negative Declaration Site Plan, Floor Plans, Elevations and Parking Plans Y 1,', ' TO: Planning Commission-7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3071 (AMENDED) AND RELATED ENVIRONMENTAL DOCUMENT September 22, 1988 A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this ,project. a 3. ' The project will not have any significant environ- mental impact. B. Use Permit No. 3071 (Amended): Findings: 1. That the existing tennis club and proposed fitness center are consistent with the Land Use Element of the General Plan, and are compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed number of compact car spaces constitutes 25.3 percent of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applications. 4. The approval of Use Permit No. 3071 (amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the modification for compact parking is consistent with the legislative intent of Title 20 of the Municipal Code. /9 4 11,D TO: Planning Commission-8. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted below. 2. That all previously applicable conditions of approval for Use Permit No. 3071 and Use Permit No. 3071 (Amended August 27, 1984) and Use Permit No. 3071 (Amended October 22, 1987) shall be fulfilled. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. The applicant shall prepare a revised parking plan which incorporates all of the design changes required by the City Traffic Engineer. Said plan shall be prepared and approved by the City Traffic Engineer prior to the issuance of building permits. 4. That the design and grading of the new satellite parking area shall be subject to the approval of the Public Works Department and the City Traffic Engineer. '5. That the hours of operation of the proposed fitness center shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday and national holidays. 6. That all music from the aerobic/dance activity shall be confined to the interior of the building and that all doors and windows of said building shall be kept closed at all times during the operation of the fitness center. 7. That the requirednumber of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. 8. That the operation of the proposed fitness center shall be for the exclusive use of the tennis club membership and shall not be open to the general public. 9. That the Planning Commission may add to or modify conditions of approval to this Use Permit or (�b TO: Planning Commission-9. 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. 10, That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission-10. EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO. 3071 (AMENDED) AND RELATED ENVIRONMENTAL DOCUMENT September 22, 1988 1. That the addition of the proposed fitness center will increase the potential for further noise which will be experienced by the surrounding residential uses. 2. That the proposed parking plan to be used in conjunction with the proposed fitness center and locker room addition, provides only 17 additional parking spaces which is inadequate to meet the expected increased in the on -site parking demand. 3. The approval of Use Permit No. 3071 (Amended) will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. R•4-0.2 sqZ ho C r rrr wo ra f � ,. „ � � iL C�CSIryvf �yOHOR `O' n w P P n P-C Qt>0 • of •ro ,r H vr. 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MMRI T COYOININO M•Z•gOTNKf ouNai M TIKC ft C IAL OICMICT L�1� IIIICIY®IAIII OIYTRIR UNUNIMD MIONT .J COYMMII 0 W OIITIKT ( V , W10.AOWf1CA O109MR l�J Om01 ®�IIV 11' IISIONS LOCATIONY EI CC7MMISSIONEFiS'' 't �ity ®f Newport Beach F 9( vs °� °Z March 17, 1977 MINUTEE,� :t :IOLL LL r 7 IN DHJ requirement would be in conflict with the goals of the General Plan, and would not serve the general welfare of the City. and deny Use Permit No. 1823. Commissioner Balalis ccnmented that denial of is application would iot solve the parking i pr lem and since he could increase the number of to les and provide room for more customers, he s•hou d be allowed to upgrade his property and purchase 'in lieu" parking spaces. Commissioner mmel felt that the City could no longer afford t do things as they have in the F, past and that it s time to start looking towards a plan whic would resolve some of the parking problems whic exist in the area.. r Commissioner Seely advise that he was not against upgrading the property, howeexer, the request would constitute an expansion bf the intensity and felt that favorable action would be premature in view of the work being done on J,ie Specific Area Plan. Ayes X X X X X Folloiwng discussion, the motion was voted,,,on q Hoes X and carried. Absent X y. Planning Commission recessed at 8:50 P.M. and reconvened at 8:55 P.M. Item 68�'. USE PE Request to permit the installation of tennis NO. 188. court lighting on existing tennis courts on the Newport Beach Tennis Club site. F: APPROVE Location: Parcel 1 of Parcel Map 5-19, CONDI- TIiN LL located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, northerly of Vista del Sol in Northbluff:, Zones: R-4-B-2 PRD and C-N-H a COMMISSIONERS F A. f.' a 1 , 1 City of Newport reach March 17, 1977 1GLL CALL Applicant: Newport Beach Tennis Club, Newport Beach Owner: The Irvine Company, Newport Beach Public hearing was opened in connection with thi matter. James Dooley representing the Newport Beach Tenni Club appeared before the Commission in.connectic with this request. He advised of the increased demand for lighted tennis courts and presented slides showing the type and location of the He questions of the proposed lights. answered Commission and concurred with the staff report recommendations. and Roger Kerwin, 412 Vista Trucha, appeared before to the lighting s the Commission in opposition because of the close proximity between the tenn courts and his property. He presented a map 1,s indicating the distance to be between 53 and 55 on the adverse effect feet away and commented the lighted courts would have on his family. M. R. Collins, 460 Vista Trucha, appeared befor the Commission in opposition to the request because of the noise and lighting which would have an adverse effect on the nearby residents. of the John Kimmel, 4000 Park Newport, member Tennis Club, appeared before the Newport Beach Commission and commented on the need for more lighted tennis courts. Bill Hosfell, 2604 Basswood, Eastbluff, appearE �., before the Commission in support of the request because of the need for additional lighted tenr courts. 't that Bernard Pegg, 2633 Bamboo, commented expansion of the lighted tennis courts would increase the noise; suggested that the General Plan address the subject of tennis courts and F, establish standards relative thereto; and suggested that any replacement of existing lights be the same as those proposed and that the existing lights be adjusted to eliminate glare which presently exists. He also suggest that in order to conserve energy, all lights b MINUTE s s In ING@ :' CdMr\AISSIONERS 9CP 990Oi��.L C S Fp S� F< --------------- •OLL CALL 1� City ®f t' �' 4"r` 4) i i d i Ma Ph 17_ 1977 MINUTES �, 1� City ®f t' �' 4"r` 4) i i d i Ma Ph 17_ 1977 MINUTES �, COMMISSIONERS (f. {u_t City of Newport March 17, 1977 r.' 1'ra, Beach ROLL CALL Roger Kerwin, 412 Vista Trucha, appeared before the Commission and advised that the stanchions had already been installed to which he further objected because prior permission had not been obtained. There being no others desiring o appear and be heard, the public hearing was c osed. Motion X Motion was made that Planning Commission make th following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impacts. 3. The approval of Use Permit No. 1824 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1824, subject to the following conditions: 1. That development shall be in substantial conformance with the plans submitted by the applicant except as noted -below. 2. That the lighting system shall be designed and maintained in such a manner as to conce the light source and to minimize light spillage and glare to the adjacent residen- tial uses. The plans shall be'prepared and signed by a Licensed Electrical Engineer; With a letter from the Engineer stating tha in his opinion, this requirement has been m 3. Court No. 18 shall not be lighted. In addition, no scheduled competitive events o teaching shall be permitted on Court No. 18 4. Courts Nos. 7, 8, 9 and 10 may be lighted, however, these courts shall not'be used MINUTE: MON. COMMISSIONERS 9C��Ay`9Pp4 �O'i.9 SL�tP�l C'�^�� D Newport ;ti, Yam' a c I 1 r. MINUTE z March 17 1977 } TOLL CALL unless all of the remaining lighted courts are in use. The lights on these courts shall be turned off when the courts are not in use and in any case they shall be turned off by 10:00 P.M. No teaching shall be allowed on j these courts after 5:00 P.M. I -lotion X i An amendment to the motion was made that Court I ;yes X X X No. 10 not be lighted. Amendment failed. :oes X X X absent X ,yes X X X X X The original motion was then voted on and carried. ;oes X ;hsent X Request to permit interior alterations and the Item 09 1 USE PERK' NO. 82E, construction of first, second and third floor i room additions on an existing single family dwelling with the following nonconforming features: APPROVE{; CONDI- I 1.) a one car garage (where two garage spaces are T�ON{�LLt' required); and 2.) the existing single family elling and related garage encroach onto the Sea ore Drive right-of-way (where the Code does not p mit any encroachments). The proposed develop nt will eliminate the exis-ting noncon- forming fe tures along Seashore Drive. One garage space nd one partially covered parking space are pro ed (where the Code requires two garage spaces . urthermore, portions of the proposed remodeled tructu•re exceed the basic height limit within t 24/28 Foot Height Limitation District. Location: A portion of t 8, Block F, Seashore Colony act, located at 6605 Seashore Driv on the south- erly side of Seashor Drive between Colton Street and Lugo 'a Street in West Newport. Zone: R-2 Applicant: Elizabeth B. Spurr, Newport Beach Owner: Same as Applicant\ ss� COMMISSIONERS `July 5, 1984 MINUTES m • n � s .. a City of Newport Beach ROLL CALL INDEX Mc .ion Ayes Absent APPROVAL OF THE MINUTES June 7, 198 Minutes/ 6/7/84 Motion was made r the approval of the minutes of the Planning Commissi meeting of June 7, 1984, which MOTION CARRIED. June 21, 1984 Minutes/ 6/21/84 Consideration of the minutes o he Planning Commission meeting of June 21, 1984 was defe ed to the Planning Commission meeting of July 19, 198 Requests Requests for Continuances for Con- tinuances ' ' Planning Director Hewicker reported that staff. as ceived . no requests for continuances. Use Permit No 3071 (Amended) (Continued Public Hearing).. Item #1 Request to,amend a previously approved use permit which U.P. #3073 permitted'the expansion of the operational characteristics (Amended) of the -existing Newport Beach -Tennis Club. The proposal consists of the deletion of Condition of Approval No. 10 Approved which relates to the use of the'Corona del Mar High School Condi- parking lots for additional parking during 'tennis tourna- tionally ments; the deletion of Condition of Approval No. 11 which relates to providing Explorer Scouts or other persons at key intersections along Vista del Oro so'as to prevent tennis club patrons from parking on private'streets; and the deletion of Condition of Approval No.'27 that now. provides'that no on -street parking along.Eastbluff Drive shall be permitted, except for the'existing parking spaces located directly in front of the tennis club property. s' ^N „ COMANSSfONERS July 5, 1984 m_ � A 37 City OI I I > > o m > 1� � f]r111 /"A11 0 LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista Del Oro and Vista Del Sol, in the Bluffs. ZONES: R-4-B-2, PRD and C-N-h APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach I MINUTES The public hearing was opened in connection with this item and Mike Clayton, 26421 Fresno Drive,,Mission Viejo, appeared before the Planning Commission.on behalf of the Applicant. Mr. Clayton expressed con6urrence with,the Findings and Conditions contained in Exhibit "A"' of the staff report. Commissioner Goff referred to the letter which was wilt - ten by Mrs. Bernard Pegg in re this issue and requested••• that Mr. Clayton comment on the points raised therein. With respect to Mrs. Pegg's allegation that the tennis court lights have been left on until 10:•30 p.m., Mr. Clay- ton responded that, to his knowledge, there has not been an instance where the lights have remained on past 10:00 p.m., and commented that the Newport Beach -Tennis Club . has not received any complaints to that. effect. Mr. Clayton stated that the timers that govern the lighting of the tennis courts remain in working order. Addi- tionally, Mr. Clayton explained that there are switches in the bar area of the Club which the bartender can manually operate in the event the'timers fail to operate, or to turn the lights off early when the courts aren't being utilized. With respect to Mrs. Pegg's allegation that'trash pick-up occurs as early as 6:30 a.m:,'Mr. Clayton stated that, to his knowledge, there has not been "any trash pick-ups before 8:00 a.m., and added that the trash company.is aware that trash pick-up prior to 8:00 a.m. is prohibited. M► 9�. �1 -3- m � a c G , 00 O � ROLL CALL 6;, July s, 1984 MINUTES pity ®f Newport Beach INDEX Relative to Mrs. Pegg's allegation that gardeners utilize blowers as early as 6:30 a.m., Mr. Clayton advised that Ite contacted the Club's gardener relative to this matter. Mr. Clayton relayed that the gardener does not believe he violated the 8:00 a.m. time restriction for the use of blowers and lawnmowers. Commissioner Goff pointed out.that the Newport Beach Ten- nis Club is responsible for assuring that violations to the imposed Conditions of Approval do not occur. Mr, Clayton reiterated that 'the gardener does not believe .he has operated blowers or lawnmowers prior to 8:00 a.m. Mr. Clayton then assured the Commission that blowers and lawnmowers will not be used priot to'q:00 a.m. .in the future, and related his intention to abide by all Conditions of the use permit. .Commissioner Goff stated that the 'Club -management should take a more -active role in assuring that all.personnel abide by the Conditions of the use permit. ; Mr. Clayton stated that the only issue on which the Peggs' contacted the Club was in connection with the height o£ trees along Eastbluff Drive. Mr. Clayton advised that, in accommodation with- the Peggs' request, the trees were,. subsequently trimmed. Xn response to Planning Commission inquiry, Planning Dir- ector Hewicker explained 'the method by which. Spe ci:al Event Permits are processed through the .City. Mr.• pewicker stated that the Newport Beach Tennis Club used the Special Event Permit procedure•as an abuse of 'the restrictions that were imposed on the use permit. Mr. pewicker advised that the City subsequently deemed•it appropriate for the Applicant to request'an amendment to the use permit so as to reflect the current type of• pperational characteristics associated with. the estab- lishment. Mr. Fewicker reviewed that the Planning Commis - pion held a series of hearings in February, 1984;'and. at that time, made various revisions .to.the use permit. Mr. Hewicker added that since that time, it has becdme' apparent that several of'thq Conditions aren'•t workable, and hence those conditions are before the Planning commis- sion this evening for recongideration. -4- n July 5, 1984 MINUTES In answer to a"Planning Commission inquiry, Plannin§ Director Hewicker stated that if the Club's sound ampli- fication created a disturbance, an individual could report that fact to the Police Department. If the Police Department were able to make a finding that a disturbance was, in fact, taking place, or that a violation of the Municipal Code was occurring, Mr. Hewicker stated that the Police could cause that disturbance to cease. Addi- tionally, Mr. Hewicker commented that the Police Depart- ment does not notify the Planning Department of distur- bance calls, and stated that it would be incumbent upon the offended resident to notify the Planning Department e of such a disturbance. Commissioner Goff requested elaboration on the Newport Beach Tennis club's efforts to reach an agreement with the Newport -Mesa Unified School District relative to utilization of the Corona del Mar'High School parking lot. Mr. Clayton responded that Ted Winston, .Tennis Pro at the Newport Beach Tennis Club, contacted Mr. Ray Schnierer, Business Manager of the'Newport-Mesa'Unified School Dis- trict relative to the possibility of utilizing the Corona del Mar High School parking lot. Mr. Clayton advised that the Club consequently received a reply from Mr. Schnierer, dated February 21, 1984, indicating that the Club's request to utilize the Corona del Mar High School parking lot had been denied. Commissioner Person questioned whether the Applicant woulc accept an additional Condition Of'Approval to require that noise levels shall not exceed 55 dba at the property line, and furthermore that the Newport Beach Tennis Club shall employ a sound -testing company to as the club in adjusting the sound amplification equipment to assure that the sound level does not surpass•55 dba at the prop- erty line. - Mr. Clayton responded that he.does not believe such a Condition would create a problem, but indicated that he does not understand the degree of amplification that such a standard would -represent. Mr. Clayton pointed out. that the current sound amplification is'very low and is generated by two small speakers which are set at ground level on center court. INDEX -5- D F my s, 1984 MINUTES• m o R :E c O � v o � 7c o5 Planning Director Hewicker clarified that the purpose of the public hearing is to discuss.the Conditions of the use permit which pertain to the use of the high school parking lot, parking on Eastbluff Drive, and the use of explor r scouts to patrol and monitor the parking on the private s• reets. Mr. Hewicker'therefore questioned' the propriety )f discussing the issue of sound amplifi- cation in light of the limited advertising provided for this hearing. Commissioner Kurlander suggested that perhaps the'Plan- ning Commissioh should review the Newport Beach Tennis Club's use permit in toto. Commissioner Kurlander speci- fically voiced concern that the Club management has dele- gated some critical responsibilities to subordinate per- sonnel. Commissioner Goff discussed the importance of :area resi- dents advising the Planning Department when violations to the Club's use permit occurs. Additionally, Commis- sioner Goff discussed the possibility ofthe Plarining Commission initiating revocati6n•proceedings in -the event violations were to continue. Bernard Pegg, 2633 Bamboo Street, Newport Beach,•appeared before the Planning Commission and reiterated his•con- terns relative to the tennis court lights remaining lit past 10:00 p.m., trash pick-up occdrring prior to 8:00 a.m., as we'll as the degree of sound amplification associ- ated with the tennis club. In answer to a question posed by Commissioner,Kuilander, Mr. Pegg stated that his neighbors share his'concerns relative to the tennis club's operation. Commissioner Kurlander suggested that those•neighbors communicate. their concerns to the City. Leonard Cza'rnowski, President of the North -Bluff Villas Homeowners Association, appeared before the Planning Commission and advised that the North Bluff Villas are• situated directly adjacent to the Newport Beach Tennis, Club. Mr. Czarnowski brought notice to :Conditioh of Approval No. 31, which relates to the installation'of a chain link fence and plantings -between the tennis,club parking lot and Laver Way. "' INDEX _ 4 e COMMISSIONERS July 5, 1984 MINUTES ' m o � v o t„ 3 > m o City ®f Newport Beach WOW � i rAl I IINDEX Planning Director Hewicker interjected that the subject chain link fence, which was required as a Condition of Approval in February, 1984, has not yet been installed, Mr. Czarnowski stated that the installation of the chain link fence would necessitate the removal of th existing plants. Therefore, Mr. Czarnowski suggested that the Planning Commission consider an integrated plan of approp- riate replacement plants. Mr. Czarnowski referred to Page 3 of the staff report wherein it states, "Since the Planning Commission first approved the subject use permit, there have been various changes to the circumstances under which certain Condi- tions were previously established." Mr. Czarnowski questioned the accuracy of this statement. Mr. Czarnowski discussed the issue of parking cgntrol in connection with the Adoptitln Guild Tournament. During the course of his comments, Mr: Czarnowski opined that explorer scouts are incapable of adequately patrolling and monitoring the parking situation. Additionally, Mr. Czarnowski commented that the lack of parking problems associated with the subject event was due to the fact that he had personally retained guards to monitor the area. Mr. Czarnowski commented that the North Bluff Villa: Homeowners Association does -not object to individuals parking along Eastbluff Drive -while attending•City-approved special events, provided that the area is cleaned follow- ing the events. Don Porter, 2345 Aralia Street, 'appearea,before the,Plan- ning Commission and stated that he is a resident'of Eastbluff and a member of the Newport Beach Tennis Club.* Mr. Porter commented that -Mr. Clayton and he have'met with area homeowners since -last Octbber. During the-. , course of those meetings, Mr.•Porter advised that the . tennis club agreed to various concessions. it was Mr. Porter's contention that Mr. Clayton has'attempted tb resolve residents' concerns and will continue to•do so. There being no others desiring to appear and be'heard, the public hearing was closed. -7- 0 s Motion Ayes Absent m o � f 'S 0 ;�mnnT xIx v 'r1. July 5, 1984 ®f MINUTES Motion was made that the Planning Commission amend Use Permit No. 3071 as follows: 1) That Conditions Nos. 10, 11 and 27 be deleted; 2) That an additional Condition be added to state, "The Applicant shall employ a sound - testing company to assist the Club in adjusting the sound amplification equipment so as to assure that the sound level does not surpass 55 dba at the property. line, with certification thereof to be provided to the City. Additionally, Applicant shall make all,proper installations and shall show evidence.of such installation by virtue of a receipt to, the City."; 3) That an addi-• tional Condition be added to state, "That.the Applicant shall perform all Conditions of Approval as stipulated within 30 days of July 5, 1984. If such actions are not verified by the City Planning Department within 30 days of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for revocation proceedings." MOTION CARRIED. Findings: 1. That the private tennis club and related activities are consistent with the General Plan, and are com- patible with surrounding land uses. 2. The Police Department indicated that they do not contemplate any problems. 3. Adequate off-street parking is being provided for the tennis club. 4. That the subject tennis club and related activities will not have any significant environmental impact. 5. The approval of Use Permit No. .3071 (Amended) will not under the circumstances of this case be detri- mental. to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood: or the general welfare of the City. INDEX ORM 9 q 1 `D July 5, 1984 n D MINUTES Conditions: 1. That the subject operation shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below.* Further, that the press tent, temporary chain link fence, proposed walks, proposed lighting, sales information and ticket sales trailer shall be deleted from the .approved plot plans. 2. That all previous conditions of approval of Use Permit No. 1233 and Use Permit No. 1824 are no longer in effect. 3. Club tournaments shall be limited to eight (8) per year, and shall not exceed a total of 35 tournament days per year. 4. one -day swim meets shall be limited to seven (7) meets per year. 5. one -day special tournaments involving public entities or public institutions (i.e., exhibitions or chal- lenges matches with the U.C. Irvine Tennis -team, etc.) shall be limited to four (4) per year and that these tournaments shall be conducted during daylight hours. 6. The tennis club shall furnish to the Planning Depart- ment on an annual basis a list of dates of all club tennis tournaments, special tournaments and swim meets. 7. outdoor sound amplification shall -be limited to the hours of 12:00 noon to dusk, the'last two days of .each club tennis tournament, each special tournament, and the seven permitted swim meets per year. The two outdoor luaus or barbeques permitted in Condition No. 19 may use outdoor sound -amplification per Condition No. 20. Further amplified sound shall not extend beyond the boundary of the club. -9- 6e MMISSIOIER July 5, 1984 m x . e 'S 9 � C n :.City of Newport Beach MINUTES' INDEX S. The -use of outdoor loud speakers for paging is prohibited at any time as well as the use -of non- electronic signaling or cheering devices, bullhorns, musical fanfare devices, or other similar sound systems or devices. 9. No temporary seating shall be erected for any club -'tournament with the exception of the Adoption Guild Tournament, which will be permitted no more than 200 additional seats. 10. Deleted. 11. Deleted, 12. A special events permit shall'be a pre=condition to the following.club tournaments: Adoption Guild; Calcutta; Member/Guest Doubles; Member/Guest Mixed; and the Pacific Southwest Tournament. The appli- cation for said permit shall be submitted to the City at least 30 days prior to each tournament. 13. The tennis club and related activities shall operate as a private recreational establishment and its facilities will be available to members only and their guests with the exception of the Summei Junior Tennis Clinics, and permitted private parties. 14. That the use of all of the tennis courts will be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturdays, Sundays and national holidays, and that all of the tennis courts shall be appropriately posted with permanent signs stating the permitted hours for use. 15. Tennis lessons shall be permitted only on Courts Nos. 3, 4, 5, and 6. 16. That ball machines shall not'be used before 8:00 a.m. or after 7:00 p.m. on any day. 17. Tennis courts Nos. 11, 12, 13, 14, 18 and 19, as shown on the.approved plot plan shall not be illumi- nated unless specifically permitted by approval of an amended use permit. j1, -10- Y 5, 1984 MINUTES m ^`a f SS 0 of Nemort Beach IS. All existing tennis court lights shall be turned off no later than 10:00 p.m. on any day. Timing devices shall be installed and maintained on each illuminated court so as to ensure that the lights are -turned off at 10:00 p.m. 19,. Use of the swimming pool shall be confined to the hours of 6:00 a.m. to'9:00 p.m. In addition, two (2) outdoor luaus or barbeques per year with activi- ties to 12:00 midnight shall be permitted in the swimming pool area. 20. Live, outside entertainment shall be permitted in conjunction with the two (2) outdoor luaus and barbeques with a 10:00 p.m. restriction if offered Sunday through Thursday, and 12;00 midnight if offered on a Friday or Saturday. 21. The use of mechanical blowers, vacuums or other noisy maintenance equipment shall not be operated .before 8:00 a.m. on any day. 22. Garbage pick-up or commercial deliveries shall not occur before 8:00 a.m. on any day. 23. That all perimeter landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 24. The closing time for the bar, restaurant, patron dancing, live entertainment for club members and guests, and permission to rent facilities to private parties, shall be governed by the closing time of 2:00 a.m. on Saturday, Sunday and national holiday mornings, and 12:00 midnight on other nights. 25. No equipment shall be brought to the site that would disturb the peace and quiet of the neighborhood such as generators, refrigeration trucks, etc. 26. The club's management and owners are responsible for the quiet and orderly behavior of the club members and guests in the parking lot, particularly during the one -hour period following club closing.' Parking shall be controlled and the lot will be emptied'of all members' and guests' cars within one hour after closing. INDEX July 5, 1984 MINUTES m n � � � c o u o. * f� 1fl'� 1�- I 1 27. Deleted. 28. The illuminated Courts Nos. 7, 8, 9 and 10 shall not be used unless ail of the remaining lighted courts are in use. The lights on these courts shall be turned off when the courts are not in use. 29. That the lighting system for Courts Nos. 7, 8, 9 and 10 permitted with the approval of Use Permit No. 1824, and any replacement of light standards on the other existing illuminated tennis courts, shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residen- tial uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with the letter from the Engineer stating that in his opinion, this requirement has been met. 30. With the exception of•the two permitted private parties, luaus or barbeques outside the clubhouse, the noise from the dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during the time live entertainment is being provided. 31. A barrier shall be provided between the tennis club parking lot and Laver Way to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. 32. All of the above regulations and conditions are to be observed by Club owners, employees, members, guests, private parties and service personnel. Any violation of the Conditions of this use permit may result in revocation of said application. 33. That the Planning Commission may add and/or modify Conditions of Approval to 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. . INDEX -12- 1 „ e. { °" fy Y�i ;z COMMISSIONERS �y 5, 1984 MINUTES m ' m - o a n e City Of Newport Beach . ROLL CALL INDEX J a 34. The applicant shall employ a sound -testing company to assist the Club in adjusting the sound amplifi- cation equipment so as to assure that the sound level does not surpass 55 dba at the property line, with certification thereof to be provided to the City. Additionally, Applicant shall•make all proper installations and shall show evidence of such installation by virtue of a receipt to the City.. 35. That the Applicant shall perform all Condition's of Approval as stipulated within 30 days of July 5, 1984. If such actions are not verified by the City Planning Department within 30 days of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for revocation proceedings. 'A. No. 3095 Request to permit the establishment of a restau nt with on -sale alcoholic beverages on property locat in the retail service commercial area of the MaringV s Mile Specific Plan Area. The proposal also in des a request to pay an annual in -lieu fee to the Cit so as to allow a portion of the required off-street rking spaces -to be located in -the Mariner's Mile Munic' al Parking Lot. A modification to the Zoning Code i also requested so as to allow the use of tandem and pact parking spaces in conjunction with a valet park' g service, and to waive a portion of the required dscaping within the off: - street parking area, and a acceptance of an environ- mental document. AND B. Variance t9/: 1112 (Continuea ruDlxc near,.,ly, Re:res uest to give a portion of the required off-street paking aces in conjunction with the establishment of a urant on property located in 'the "Retail Service Co rcial" area of the Mariner's Mile Specific Plan Item #2 U.P. #3095 Approved Condi- tionally AND Variance -13- 1 #1112 Denied CITY OF NEWPORT MACH COUNCIL MEMBERS REGULAR 9p CO 'Ly �7 bF �C CIL MEETING PLACE: Council Chambers F` G9F9'� 'AG �iP TIME.- 7:30 P.N. n�. na, � M� DATE: August 27. 1984 MINUTES IAInav Present Absent Motion All Ayes Motion All Ayes z x x x x x x x •. x •` A. ROLL CALL. B. The reading of the Minutes of the Meeting of August 13, 1984 was waived, roved as written, and ordered filed.• C. The read n full o£ all ordinances and resolution der consideration was waived, and the City rk was directed to read by titles only. D. HEARINGS: , 1. Mayor Hart opened the continued public U/P 3071 Hearing and City Council review of USE (88) . PERMIT NO. 3071, a request of the NEWPORT BEACH TENNIS CLUB, to emend a previounly-approved use permit which permitted the expansion of the operational characteristics of the existing Newport,Beach Tennis Club. The proposal consists of the deletion of certain Conditions of Approval approved by the Planning Commission at its meeting of February 9, 1984. Property located at 2601 Eaetbluff Drive, in the Bluffs, zoned R-4-B-2, PRD and C-N-H. Reports from the Planning Department, dated August 13. and August 27, 1984, were presented. The City Manager ou®arized the staff report, noting that the Planning Department's inspection of the required fence installation on August 200 1984s revealed that the fence was installed by the Tennis Club staff and its appearance is quite unprofessional. Same of the posts are not aligned, or solidly secured to the ground, and the chain link has been secured to the posts with bailing wire. The inspection further revealed that no ground cover has been installed in front of the fence, as Illustrated on the approved plan, and the vertical portions of the irrigation system, in some "sees were being used to support the fence. During course of discussion. it was also pointed out that a Special Events Permit must be obtained from the City for larger tournaments authorized by the Use Permit; that Club tournaments will be limited to eight in number (35 days total); and that the Use Permit does not allow any temporary seating with the exception of the Adoption Guild Volume 38 - Page 262 Ss 0 \ ine Of All Ayes x "+Ee ro ed f Augue�0 MinutesAs Vri or tee van C. wnd re°oIutioa fullnof °d 13, 1.984 ordezeFli d. D. to arced by 44 ti Iasi YC Considers kideraetop n Vea N�UtINCS; only, was directed t, Mayor jj earin, art opened ' �.. NRWPCRT g0 30)t y e ru'° Conti eva d Publlo ... _ P tmittgqU OUOd Oat 0 -approved S CLUB, to thef USg xp oiler 4tjothe use °mead exlo jognal chaa'U'81on of=IDit whto a Cereal,,po el e"Ort gtehstle Cof the h co lot °C Te m etiby �o Plao ing Co of ApproveCiO° of The located [ Pebru260, e� isslon at irpproved Property at��a is fee zoned 4 8 2, Uff PR,) ad � H gthe An Pl There Pre seated. st 3, °pd Anguet 27, 1984: Citreport y pe ct went an= tOrp hat "the ills the staff he Tiled sthat°ehe° °n AuSus 0re9ulred q4lte no rall Post, PrOfes seered a orto �aalo d Some 8PP Cara ce of ba2ta8 wba°p seen red, and °the illy he Sa to Zee.d that qp ° 1 epee to the Posts 1A eio w1e be uatrgdd ofroq�rou theovat as they h a at mrClC Po=CSoa Proved ence, ae ten DuriauPPort ehf plan a £art ere be,,B uaio, POI Course lar must be ob ed C Sae t ° igOf cu Sfrom thal 'lon, It as Events tPoe one, that CI to authorise y f rPermit exce w I and °°Y t that Che numb- F ni3S day h e Ube Pcion of the optseating on �W,C, lld the °pt Polume 38 .. ?ago 262 SS_ 3071 f it CITY OF NEWPORT REk',i:, COUNCIL MEMBERS 9c�i^ D Y G RO A R,p FP �9 �' August 27. 1904 i I MINUTES INDEX limited Tournament, which will have a U /P 3071 seating of 200. The Use Permit also , limits the types of tournaments. Gil Edelman, Vice President of North ; Bluff Villas Homeowners Association,; addressed the Council and stated that they believe they need some isolation from the club. He stated that during two of the major events, which consisted of four weekends and eight days total, serious parking problems were created in the area, and that the streets were littered with beer cans and garbage. He also stated that their Association has • been paying for a portion of the Clubfs watering system for approximately 10 years to maintain landscaping on the property. With respect to the new fence, he felt that appropriate vines could be added as a screening to enhance the appearance, and that the pathway through the fence should be sealed off during the eight pfoblem days of tournament play. He stated that they would continue to pay to maintain the buffer area, but would like to be reimbursed by�the Tennis Club for the cost of the water. Michael Clayton, Vice Prenident/General Manager, Newport Beach Tennis Club, addressed the Council and stated that he just returned from vacation and had not had an opportunity to view the newly installed chain link fence. He stated that, if the fence does not meet with the city's satisfaction, he will see to it that it is properly installed. They will also install concrete parking blocks so that vehicles do not hit the fence, as well as a gate, which will be kept closed during the Adoption Guild Tournament. With respect to parking during the Adoption Guild Tournament, Mr. Clayton stated that the Police Department did ' monitor the situation and found no problems. Regarding the fence, installation of concrete vehicle parking blocks, and a gate, Mr. Clayton indicated he felt he could complete the work within 60 days from this date. Volume 38 - Page 263 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS onf MINUTES COUNCIL ROL CALNMAp MEMBERS CM �9 Gad' OF NEWPORT BLA10" MINUTES August 27. 1984 INDEX w, Mayor hart submitted, for the record. � notes of concern from the North Bluff �. Villas Community Association Board of Directors, which had been discussed with ' her and Council Member Heather this, ' morning. �. } Motion x Following discussion, motion was made to All Ayes modify the recommendation of the Planning Commission, amending Condition ' No. 23 as set forth in the foregoing by _• the City Attorney; adding Condition No. 36. which requires that the chain link fence be Installed to the satisfaction ' of the City; wheel stops be installed to j protect said fence; and a gate be h installed at the entrance, which will be ° locked during the eight tournaments. In addition, Newport Beach Tennis Club to 3 work out agreement with North Bluff [i - Villas Homeowners Association regarding Y r' the maintenance of landscaping in the ' buffer area. Said improvements and 6 '- 1 agreement to be completed within 60 days 1 • .,.from the date of this meeting. 2. Mayor Hart opened the public hearing and! City Council review of: Tentative Mao of Tract No. 12208 - TMapTr 12208 Request of WALE DEVELOPMENT CORPORATION, • Irvine, to subdivide six existing lots „ into a single lot for residential yy condominium purposes on property located in the R-4 District, and the approval of an Environmental Document; AND - Use Permit No. 3101 - Request of WALE U/P 3101 DEVELOPMENT CORPORATION, Irvine, to (88) J ermie the construction of a nine unit a r idential condominium development and rel ad garages on property located in . the R District, at 303 Cypress Street on the lboa Peninsula. The proposal also :I es a modification to the „ Zoning Code as to allow a J'J" t building encro hment into the required k I` 11' 7" northerly ide yard setback area; AND " Residential Coastal Dave ment Permit RCD Perm06 • No. 6 - Request of WALE DE OPMENT CORPORATION, Irvine, to canai r a residential coastal developmentivermit - for the purpose of establishing piqject compliance for a nine unit resident 1 Volume 38 - Page 265 i PI � I /NCtiw I+ it _ 1 •fit � CONDITIONS OF APPROVAL FOR THE NEWPORT BEACH TENNIS CLUB AS APPROVED BY THE PLANNING COMMISSION ON JULY 5, 1984 AND AMENDED BY THE CITY COUNCIL ON AUGUST 27, 1984' a, Y r 1. That the subject operation shall be in substantial confor- mance with the approved plot plan, floor plans and elevations �`.. except as noted below. Further, that the press tent, temporary chain link fence, proposed walks, proposed light - in sales information and ticket sales trailer shall be , de eted from the approved plot plans. { 2. That all previous Conditions of Approval of Use Permit No. �= 1233 and Use Permit No. 1824 are no longer in effect. f 3. Club tournaments shall be limited to eight (8)• per year, and • _ 'N shall not exceed a total of 35 tournament days per year. 4. One -day swim meets shall be limited to seven (7) meets per year. 5. One -day special tournaments, involving public entities or public institutions (i.e., exhibitions or challenge matches with the U.C. Irvine Tennis team, etc.) shall be limited to four (4) per year and that these tournaments shall be conducted during daylight hours. 6. The tennis club shall furnish to the Planning Department on an annual basis a list of dates of all club tennis • tournaments, special tournaments and swim meets. 7. Outdoor sound amplification shall be limited to the hours of 12.00 noon to dusk, the last two days of each club tennis tournament, each special tournament, and •the seven permitted swim meets per year. The two outdoor luaus or barbeques permitted iR Condition No. 19 may use outdoor sound amplifi- cation per Condition -No. 20. Further,, amplifi•2d .sound shall not extend beyond the boundary of the club. 8. The use of outdoor loud speakers for paging is prohibited at any time as well as the use of non -electronic signaling or cheering devices, bullhorns, musical fanfare devices, or other similar sound systems or devices. 9. No temporary seating shall be erected for any club tournament with the exception of the Adoption Guild Tournament, which will be permitted no more than 200 additional seats. 10. Deleted by the Planning Commission. 11. Deleted by the Planning Commission. SJ �j! t l7 '. 12. A special events permit shall be a pre -condition to the following club tournaments: Adoption Guild; Calcutta; ' Member/Guest Doubles; Member/Guest Mixed; and the Pacific Southwest Tournament. The application for said permit shall be submitted to the City at least 30 days prior to each L tournament. 13. The tennis club and related activities shall operate as a private' recreational establishment and its facilities will be r available to members only and their guests with the exception of the Summer Junior Tennis Clinics, and permitted private parties. 14. Tha . the use of all of the tennis courts will be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturdays, Sundays and national holidays, and that all of the tennis courts shall be appro- priately posted with permanent signs stating the permitted ' hours for use. 15. Tennis lessons shall be permitted only on Courts No. 3, 4, 5, and 6. 16. That ball machines shall not be used before 8:00 a.m. or after 7:00 p.m. on any day. 1, 17. Tennis courts No. 11, 12, 13, 14, 18 and 19, as shown on the approved plot plan, shall not be illuminated unless specifi- cally permitted by approval of an amended use permit. 18. All existing tennis court lights shall be turned off no later than 10:00 p.m. on any day. Timing devices shall be instal- led and maintained on each illuminated court so as to ensure that the lights are turned off at 10:00 p.m. 19. Use of the swimming pool shall be confined to the hours of 6:00 a.m. to 9:00 P.M. in addition, two (2) outdoor luaus or barbeques per year with activities to 12:00 midnight shall be permitted ivehe swimming pool area. r 20. Live, outside entertainment shall be permitted in conjunction with the two (2) autdoor luaus and barbequest with a 10:00 p.m. restriction if offered Sunday through Thursday, and 12:00 midnight if offered on a Friday or Saturday. 21. The use of mechanical blowers, vacuums or other noisy main- , tenance equipment shall not be operated before 8:00 a.m. on any day. 22. Garbage pick-up or commercial deliveries shall not occur before 8:00 a.m. on any day. a 23. (Modified by the City Council) That all perimeter land- scaping shall be regularly watered, maintained and kept free from weeds and debris. �ll 24. The closing time for the bar, restaurant, patron dancing, live entertainment f6r club members and guests, and permis- sion to rent facilities to private parties, shall be governed by the closing time; of 2:00 a.m. on Saturday, Sunday and national holiday mornings, and 12:00 midnight on other nights. 25. No 'equipment shall be brought to the site that would disturb the peace and quiet of the neighborhood such as generators, refrigeration trucks, etc. 26. The club's management and owners are responsible for the quiet and orderly behavior of the club members and guests in the parking lot, particularly during the one -hour period following club closing. Parking shall be controlled and the - --,,; lot will be emptied of all members' and guests' cars within one hour after closing. p -27. Deleted by the Planning Commission. 28. The illuminated Courts No. 7, 8, 9 and 10 shall not be used unless all of the remaining lighted courts are in use. The lights on these courts shall be turned off when the courts are not in use. 29. That the lighting system &r Courts No. 7, 8, 9 and '10 permitted with the approval of Use Permit No. 1824, and any replacement of light standards on the other existing illuminated tennis courts, shall be designed and maintained a:*,., in such a mahner as to conceal the light source and to .r. minimize light spillage and glare to the adjacent residential y, uses. The plans shall be prepared and signed by a Licensed Electrical Engineer, with the letter from the Engineer -stating that in his opinion, this requirement has been met. v - 30. With the exception of the two permitted private parties, .�,4-. luaus or barbeques outside the clubhouse, the noise from the dancing and live entertainment shall be confined to the interior of`the building. The doors and windows shall be kept closed during the time lire entertainment is being provided. a 31. - (Modified by the City Council) A barrier shall be provided between the tennis club parking lot and Laver Way, to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link - fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. Vehicle stops shall be installed, subject to the direction of the Traffic Engineer, where appropriate to protect the fence. 32. All of the above regulations and conditions are to be observed by club owners, employees, members, guests, private parties and service personnel. Any violation of the Conditions of this use permit may result in revocation of said application. 61 4 33. That the planning Commission may add and/or modify Conditions of Approval to 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. 34. The applicant shall employ a sound -testing company to assist the club in adjusting the sound amplification equipment so as to assure that the sound level does not surpass 55 dba at the property line, with certification thereof to be provided to the City. Additionally, applicant shall make all proper installations and shall show evidence of such installation by virtue of a receipt to the City. 35. That the applicant shall perform all Conditions of Approval as stipulated within 30 days of July 5, 1984. If such actions are not `verified by the City Planning Department within 30 days of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for revocation proceedings. 36. (Added by the City Council) That *the chain link fence shall be installed to the satisfaction of the City; wheel stops shall be installed to protect said fence; and a gate shall be installed at the entrance, which will be locked during the eight tournaments. In addition, the Newport Beach Tennis Club shall work out agreement with North Bluff villas Homeowners Association regarding the maintenance of land- scaping in the buffer area. Said improvements and agreement to be completed within 60 days of August 27, 1984. F COMMISSIONERS ('1 i MIND o ES October 22, 1987 INDEX IOLL CALL mprovements if it is desired to record a parcel m or obtain a building permit prior to comp on of the public improvements. 7. That the de riorated and displaced portions of curb and side k be reconstructed along the Heliotrope Avenue tage; that deteriorated and displaced portions o rb be reconstructed along the 3rd Avenue frontages at the curb return at the intersection of 3rd A us and Heliotrope Avenue be reconstructed to a 2 cot radius, and that a curb access ramp be constru d in the new return per City Standard 181- (This ' construction will require the relocation o a Post office mail box): and that sidewalk be const ted along the 3rd Avenue frontage unless otherwi e a a Use Permit No 3071 (Amended) (Public Hearing) Item No.9 Request to amend a previously approved use permit which UP3071(A) allowed the expansion of the operational characteris- tics of the existing Newport Beach Tennis Club. The Approved proposed amendment is a request to install additional tennis court lighting, to install security lighting in the parking lot, and to expand the existing tennis club • office. LOCATION: Lot 66, Tract No. 6905, located at•2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONE: R-4-B-2, pRD and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: William K. Parker, Newport Beach William Laycock, Current Planning Manager, referred to page 4 of the staff report regarding the existing tennis court lighting wherein it states that Court No. 18 is lighted although a use permit was not approved for said lighting. He informed the Planning Commission that Courts No. 11 and 19 are also lighted, and that no use permit has been approved for the lighting. Mr. Laycock advised that the applicant is requesting that said courts be approved for lighting in addition to the other tennis courts discussed in the staff report. -31- .COMMISSIONERS Gil 90 py l! Cy 0 9� MINUTES October 22, 1987 ROLL CALL INDEX In response to a question posed by Commissioner Winburn, Mr. Laycock replied that there have been no complaints regarding the court lighting. James Hewicker, Planning Director, referred to a letter addressed to the Planning Commission dated October 14, 1987, from Bernard B. Pegg. The public hearing was opened in connection with this item, and Mr., Bill Parker, owner, appeared before the Planning Commission. Mr. Parker stated that the owners have invested $80,000.00 since January replacing light fixtures and that they are requesting to install lights on courts that have not been lighted. He indicated that the applicants will shut off the new court lights at 9:00 P.M. so as not to disturb the neighbors. Mr. Parker requested that security lights be installed in the parking lot, and he stated that the security lights would be shut off at 10:00 p.m. He explained that the expansion of the Court Director's Office shall not be visible from the adjoining neighbors and that the office shall be for the comfort of the staff. In response to a question posed by Chairman Person, Mr. Parker stated that the applicants concur with the findings and conditions in Exhibit "A". In response to questions posed by Commissioner Winburn, Mr. Parker replied that the court lights will stay on only while the court is being used. He further replied that the lights will be shut off by the tennis court personnel, and there will also be a timer so that the lights will be shut off automatically. In response to a question posed by Commissioner Merrill, Mr. Parker stated that there are infrequent parties inside the restaurant after 10:00 p.m.; however, the restaurant and lounge are permitted to remain open after 10:00 p.m. each evening. In response to 'a question posed by Chairman Person, Mr. Parker replied that the applicants contacted the North 'Bluff. Villas Community Association and the Bluff Homeowners Community Association as requested by staff; however, they were not informed by staff to contact the Eastbluff Homeowners Community Association. In response to questions posed by Mr. Hewicker, Mr. Parker replied that Courts No. 11, 18, and 19 were lighted when the present owners purchased the Newport Beach Tennis Club in March, 1986. -32- V� COMMISSIONERS B A�No'Q9 �f�9y 9.1. ( MINUTES October 22, 1987 qyC14TIV OF NEWPORT BEAM INDEX ROLL CALL In response to a question posed by Commissioner Di Sano, Mr. Parker replied that he was not aware of the aforementioned letter from Bernard Pegg. Mr. Parker explained that he had discussed previous tennis court lighting with Mrs. Pegg regarding Center Court when they temporarily removed the new light fixtures because of lighting deficiencies. In response to a question posed by Commissioner Di Sano, Mr. Parker replied that the applicants had previously installed security lights that were not in accordance with the Zoning Code, and they requested that staff recommend proper security lights. Mr. Herbert A. Bieber, Bieber Light Corporation, Inglewood, appeared before the Planning Commission to describe the security lights that will be installed in the parking lot and how the light glare will be totally shielded. Mr. Hewicker commented that the lighting company has installed many light fixtures throughout the City, and in response to a question posed by Commissioner Debay, he said that there have not been any complaints regarding the lights. Mr. Bernard Pegg, 2636 Bamboo Street, appeared before the Planning Commission in reference to his aforementioned letter. Mr. Pegg advised that he is impressed with the quality of the lighting currently on 1 the tennis courts; that he had not read the conditions before he wrote the letter; that there will not be a request for additional tennis court lights unless the applicants intend to build additional courts; and that he was concerned that many of the surrounding homeowners were not properly advised of the additional lighting. He approved the present parking lot lighting; however, he stated that he had concerns Motion x regarding the control of the activities within the parking lot after 10:00 P.m. There being no others desiring to appear and be hear&, the public hearing was closed at this time. Motion was made to approve Use Permit No. 3071 (Amended) subject to the findings and conditions in Exhibit "A". -33- _ COMMISSIONERS '+s i {MINUTES October 22, 1987 2 OF NEWPORT OFEACH INDEX ROLL CALL Chairman Person referred to Condition No. 33 of the Conditions of Approval recommended by the Planning Commission to the City Council on July 5, 1984, and requested that said condition be amended to conform with the language that has recently been imposed by the Planning Commission as follows: 5. That 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. E The maker of the motion concurred with the recommendation to add Condition No. 5. Motion was voted on to approve Use Permit No. 3071 Ayes x x x x x (Amended) subject to the findings and conditions in Absent x x Exhibit."A", including the addition of Condition No. S. MOTION CARRIED. FINDINGS: 1. That the existing and proposed tennis club facili- ty is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impacts. 3. That the proposed tennis court lights and security lights will be installed in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. The approval of Use Permit No. 3071 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -34- COMMISSIONERS MINUTES October 22, 1987CITY OF WFEWPORT , 99 oyf C 0 BEACH { I• f� f i I i I i i i i i i y INDEX ROLL CALL ' CONDIT20NS: 1. That the proposed project shall be in substantial conformance with -the approved plot plan, floor plans, elevations and the submitted lighting manufacturer's specifications, except as noted below. 2. That all previous applicable conditions of ap- proval of Use Permit No. 3071 (Amended), as approved by the City Council on August 27, 1984, shall be fulfilled. 3. That all existing and proposed tennis court lights and the parking lot security lights shall be operated by an electric timer and shall be turned off no later than 10:00 p.m. daily. 4. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 5. That 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. -35- V Ifil pfffq: WM i / t I. Background 1. Name of Proponent The Newport Beach Tennis Club 2. Address and Phone Number of Proponent 2601 Eastbluff Drive, New 1 Beach, California 92660 (714/640-0050 3. Date Checklist Submitted 30 June 1988 4. Agency Requiring Checklist The City of Newport Beach 5. Name of Proposal, if applicable Newport Beach Tennis Club Fit- ness Center; Use Permit #3071 (Amended) II. Environmental Impacts o (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? _ b. Disruptions, displacements, compaction or overcovering of the soil? _ C. Change in topography or ground surface relief features? I _ d. The destruction, covering or modification of any unique geologic or physical features? _ e. Any increase in wind or water erosion of Soils, either on or off the site? _ f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? (�y , % & DI Yes Maybe No 9. Pdatural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? — 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accid, nt or upset conditions? — b. Possible interference with an emergency response plan or an emergency evacuation o plan? — �L 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? — 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? — 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional S vehicular movement? �L b. Effects on existing parking facilities,.or — demand for new parking? — C. Substantial impact upon existing trans- portation systems? — d. Alterations to present patterns of circula- tion or movement of people and/or goods? — -� e. Alterations to waterborne, rail or air traffic?— £. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered'gov- ernmental services in any of the following areas: - 4 - 7/ It , u 0 DISCUSSION OF ENVIRONMENTAL EVALUATION 13b. The addition of health club facilities additional parking. However, the project parking spaces, which will offset the considered insignificant. may generate a need for includes the addition of demand. This effect is 73 This a� jtjon Of is i r {" I 1 ef. J• 4,�).,�'.•" Jai r •.�t .. i\' �il �;.'Z' ';�; •"t "'I.�•-�('r`�[!c'. 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"5 1i�� i COMMISSIONERS f MINUTES August 4, 1988 ROLL CALL INDEX That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the unicipal Code, and will not be materially d imental to the health, safety, comfort or gene 1 welfare of persons residing in the neighb hood„ or detrimental or injurious to property r improvements in the neighborhood or to the genera welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with th approved plot plan and elevation except as red in the following conditions. 2. That the off -site sign shall utilized only so long as the applicant has use o£ parking on the property, and that the applicant s 1 inform the Planning Department within thirty day if the use of said parking is lost. 3. That the sign shall state that the parking for the use of the applicant's business. Item No.10 Use Permit No. 3071 (Amended)(Public Hearing) Request to amend a previously approved use permit which UP3071A allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed Continued amendment includes a request to construct a new locker to room and fitness center for the exclusive use of tennis 9-22-88 club members. the proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off-street parking spaces; and the acceptance of an environmental document. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-B-2, PRO and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach -29- roMMISSIONERS FW 1 .p .0�'1.� 'August 4, 1988 o�� yN Vrr, 990o16yC1TY ®F V`I(�€��'9PORT BEACH ROLL CALL INDEXOWNER: William K. Parker, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the September 22, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue this item to All Ayes September 22, 1988. MOTION CARRIED. of Line Adjustment No. 88,2 (Public HearinO Item No 11 Req at to adjust a lot line between contiguous Lot Line resid tial parcels in Corona del Mar. Adjustment No. 88-2 LOCATION: Parcels 1 and 2, Resubdivision No. 2, located at 2340 Bayside Drive, on the Continued northerly side of Bayside Drive; and a to rtion of abandoned Pacific Drive, 9-22-88 1 ted at 2333 Pacific Drive, on the sou erly side of Pacific Drive, adjacent to Be is, Park, in Corona del Mar. ZONE: R-1 APPLICANTS: Donald G. G swold, Newport Beach and Margaret H. Sim on, Corona del Mar OWNERS: Same as applicants ENGINEER: Pete J. Duca, Corona d Mar James Hewicker, Planning Director, st ad that the attorney for the applicants has requested t t this item be continued to the September 22, 1988, Planning Commission meeting, and Mr. Hewicker suggests hat the Planning Commission direct staff to give direc 'on to the applicant to refile the application in the for f a resubdivision. Motion was made and voted on to continue this item to Motion * the September 22, 1988, Planning Commission meeting as All Ayes stated. MOTION CARRIED. x it it -30- e Planning Commission Meeting August 4. 1988' Agenda Item No. 10 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning -Department SUBJECT: Use Permit No. 3071 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed amendment includes a request to construct a new locker room and fitness center for the exclusive use of tennis club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for aportion of the required off-street parking spaces-; and the acceptance of an environmental document. LOCATION: Lot 66, Tract 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R-4-B-2, PRD and C-N-H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: . William K. Parker, Newport Beach Suggested Action In order to allow additional time to revise the proposed off-street parking design for the project, the applicant has requested that this matter be continued to the Planning Commission's meeting of September 22, 1988. Staff has no objections to such a continuance. _ PLANNING DEPARTMENT JAMES D. HEWICKER, Director