HomeMy WebLinkAbout01/03/2002CITY OF NEWPORT BEACH
Planning Commission Minutes
January 3, 2002
Regular Meeting - 6:30 p.m..
ROLL CALL
Commissioners McDaniel, Kiser, Agajanian, Selich, Gifford, Tucker and Kranzley-
. All present
Sharon Wood, Assistant City Manager
Patricia L. Temple, Planning Director
-- Robin- Clauson, Assistant City Attorney
Patrick Alford, Senior Planner
James Campbell, Senior Planner
Todd Weber, Associate Planner
Ginger Varin, Planning Commission Executive Secretary
Ms. Temple noted that Mr. Edmonston went home sick earlier in the day. There
• are two staff members from the Public Works Department, Mr. Hoffstadt,
Subdivision Engineer who can address issues regarding street design and
drainage and Ms. Divan an Associate Civil Engineer of the Traffic Engineering
Division.
Minutes:
Motion was made by Commissioner Kiser, and voted on to approve the amended
minutes of December 6, 2001.
Ayes:
McDaniel, Kiser, Agajanian, Tucker, Gifford, Selich
Noes:
None
Abstain:
Kronzley
Public Comments:
None
Posting of the Agenda:
• The Planning Commission Agenda was posted on Friday, December 28, 2001.
Minutes
Approved
Public Comments
Posting of Agenda
City of Newport Beach
Planning Commission Minutes
January 3, 2002
SUBJECT. Cannery Loft
501 -507 & 500 -512 30th Street, 2908 -2912 Lafayette Avenue
(PA2001 -128)
Request for a Site Plan Review, Use Permit, Tentative Tract Map, Coastal
Residential Development Permit and Traffic Study for the construction of 22
commercial /residential buildings on 16 lots that encompass approximately 1.44
acres in the Cannery Village area. The Use Permit involves the request for the
buildings to exceed the base height limit of 26 feet by 7 feet. The project also
requests to subdivide one lot, which was the result of a previous merger of 7 lots,
recreating the previous subdivision pattern.
Chairman Tucker stated that this is a continued hearing on the project. Tonight
we are going through the environmental document. This matter will not come
to a vote tonight, as there are still outstanding issues that need to be resolved.
At the end of the discussion on the CEQA matters we will go through what is
outstanding and then we will attempt to reach a date for this matter to be
continued to. I am hoping that the next time we meet on this item, the
Commission will be in a position to act, but that is not going to happen tonight.
We are going to focus on the Mitigated Negative Declaration and the
comments that we have received to that document. We have received three
comment letters, one from the Environmental Quality Affairs Committee (EQAC)
of the City, one from Lucille Kring and one from the Coastal Commission. I
would like to start off with the EQAC representative.
Commissioner Kranzley stated that though he was not at the last meeting, he
listened to the tape and has met with the developer and several residents in the
community.
Robert Hawkins, Chairman of EQAC speaking as their representative noted he
was at the meeting at the request of Assistant City Manager Sharon Wood and
Commissioner McDaniel. He noted that he has not prepared nor did the
Committee authorize any separate presentation other than the written
comments before you.
Chairperson Tucker explained he would like to go through the letter to be sure
that the Commission and staff understand the points made. He then asked
about the type of environmental document that should be used. You have
cited part of the guidelines that an Environmental Impact Review (EIR) is the
type of document that should be used as opposed to a Mitigated Negative
Declaration whenever substantial evidence in the record supports a fair
argument that a proposed project may have a significant effect on the
environment. I wanted to clarify that there are other things in the guidelines
that indicate that if you can mitigate those impacts to a level of insignificance
then the proper document is a Mitigated Negative Declaration. One of the
things we are going to be looking for as we go through the comments is
whether a fair argument has been made that the applicant can not mitigate
potential impacts to a level of insignificance. That is what the standard is.
n
LJ
Item No. 1
PA2001 -128
Continued to
02/21/2002
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Mr. Hawkins answered that the fair argument standard is understood as has
been stated both with respect to impacts as well as mitigation.
Chairperson Tucker noted the key is the substantial evidence in the record. The
guidelines also say that arguments, speculation, unsubstantiated opinion or
narrative or evidence that is clearly inaccurate or erroneous or evidence that is
not credible shall not constitute substantial evidence. Substantial evidence shall
include facts, reasonable assumptions predicated upon facts and expert
opinion supported by fact. That is the standard by which we will evaluate the
propriety of using a mitigated negative declaration.
Mr. Hawkins noted that these comments are meant to focus the issues on the
environmental documents that the EQAC reviewed.
Chairperson Tucker noted that one of THe things mentioned was the project
description was ambiguous. The project issues noted were the trench drain and
the use permit application. What do you mean by ambiguous?
Mr. Hawkins answered that as the comments develop, we had a concern about
the capacity of the drain. It seemed to the Committee that if the project
• description was full and complete, we would have a sizing for that drain to
understand whether it was adequate or not. We are losing in this project the
two side gutters that are typically present on most city streets and we are relying
solely on one center drain. Obviously it is in the applicant's best interest to make
sure that it is correctly sized and we were hoping to see that.
Chairperson Tucker noted that curbs of some type would still be there.
Discussion followed on the shape of the drain and sufficiency of size, as well as
the Committee's apparent confusion on the height of the buildings requested in
the use permit application.
Continuing, Chairman Tucker stated that the aesthetics issue raised is the
primary issue for the Planning Commission to decide, whether this project
architecturally fits. How would these issues be different if there were 22 separate
projects with 22 separate architects? How would the environmental impacts be
any different with 22 separate projects, yet probably none of those separate
projects would have come to us with a CEQA document like this. This is a
subdivided, zoned, general plan location where some architectural decisions
were made and therefore a use permit is required because the applicants
chose to take advantage of a code section that allows one to go over the
basic height if they can come forth and show that they have the requisite
architectural justification for it. That is why I have been grappling with the
comments that we have received. If the property were developed with 22
separate buildings with 22 separate owners, all built to the maximum, how
would this be different from an environmental standpoint?
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Mr. Hawkins answered that the Committee understood that sort of concern. As I
understand it as a result of the presentation made to EQAC, it is my recollection
that they could also be entitled to massing and build a massive structure that
covers the entire block but does not require the height and there would be no
CEQA documents as well. There are two concerns before you. I think that the
environmental review process is one of those where the City and the
Commission negotiates with the applicant and the land owner to develop a
project, which is really the highest standards for both. When we start taking this
and look at 22 different property owners and each can build a unique little
building, I still think that you are going to have that negotiation, but in this
setting, you have the opportunity to address it in a better fashion.
Chairperson Tucker asked about the comment made that the Negative
Declaration should discuss the architectural guidelines in some detail. The
guidelines are a paragraph in the Zoning Ordinance. Is there further guidelines
that I am not aware of?
Ms. Temple answered that the Design and Development Guidelines of the
Cannery Village is about half a page within the Specific Plan Zoning.
Chairperson Tucker added that it is discussed in the Neg Dec on page 39 but it is
more a repetition of what is in there. There is not a lot in the way of guidelines.
Mr. Hawkins noted that the concern of EQAC is that the document could be
enhanced and better able for public review if something as easy as a
paragraph was inserted in the document.
Chairperson Tucker then asked about the comment on geology that there was
a concern that the Neg Dec does not really talk about the mitigation measures
for subsidence or,lateral spreading. Actually it does address it. The lateral
spreading from liquefaction is just like putting ice cream on a plate and then
when it melts it will spread, which liquid does versus a solid. That is going to
happen whether this project happens or not. There is no mitigation measure
other than a structural engineer designs the structures to take into account that
liquefaction might happen and that is on page 28 of the Mitigated Negative
Declaration.
Mr. Hawkins answered that lateral spreading and subsidence are terms of art.
However, those terms of art are not carried through on the mitigation measures.
It may be that there is a mitigation measure that addresses these concerns, but
the document doesn't say that and that was the point of the comment.
Chairperson Tucker then asked about hydrology and water quality issues. It is
indicated that the Neg Dec repeatedly notes that the project will increase the
pervious surface area. The water quality requirements are in transition now.
What I am finding in my developments is that you almost need to increase the
pervious areas. It will increase the percolation rates but I am not sure the
groundwater issue is one that is a major issue in this setting.
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Mr. Hawkins answered that he is not aware of any groundwater production
facilities in and around the area. I am not here to withdraw or modify any of the
comments that are written, I am just responding to the questions.
Chairperson Tucker then asked about the land use planning comments and that
the project is more residential than commercial, which is true. The way the
zoning is set up, that is actually what is allowed. You have a .5 FAR for the
commercial and then 1.25 with the residential. By statutory definition, it is not
surprising that if somebody built out to the maximum FAR they are going to have
60% residential and 40% commercial. That is what is allowed.
Mr. Hawkins answered that the core of this comment is inserting this
predominantly residential project in an existing and planned commercial area
could divide the existing and, proposed _ commercial_ district_ We_ have made
that point with respect to the aesthetics as well. Any project redeveloping
existing structures is always going to have this blending. problem. We are
pointing out that will be an environmental impact and the question is, what if
anything is anybody going to do about it?
Chairperson Tucker noted these are rules, nothing can be done about it and we
191 are stuck with them whether we like them or not. Continuing, he noted that the
public services issue is a work in progress now, so we will put that in abeyance
until we see what staff and the applicant comes up with. The same thing with
what is going to happen to the street to the extent that it ends up with a
materially different design of the project then we will have to figure out what to
do. We have to see if there will be mitigation measures.
Mr. Hawkins noted that the core comment we have is simply the deferral of the
mitigation measure. I think that is a legitimate concern with respect to the
document. I understand what your point is that these are issues still being
resolved internally.
Chairperson Tucker noted that the traffic is at a Level of Service A in the
intersection that has been studied that could be impacted nearby.
It seems to me that some of the comments that EQAC had as well as some of
the comments that Ms. Kring had, are in large measure, comments on what the
present zoning allows. The comments seems to indicate the project should be
less intense than what the zoning documents really say that it can be. Maybe
that is where the conflict is.
Mr. Hawkins noted that the issue with traffic is parking, not the circulation. With
respect to the traffic, there are some mathematical and numerical problems
that can be easily resolved in your responses.
• Chairperson Tucker stated that they would be. He then thanked the speaker for
his comments.
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Commissioner Kiser asked when the written comments to the EQAC letter would
be ready? He was answered that those comments should be ready within a
week to ten days.
Chairperson Tucker then stated he would talk about the Lucille Kring letter.
Lucille Kring, at Commission inquiry, noted that she lives in Anaheim and. sloes
not own property in the Cannery Village area. She is helping friends who live in
the area who feel this particular project is not right for the neighborhood.
Continuing, she noted that none of them feel that this property should not be
developed; they just feel that this development is too massive for the Cannery
Village.
Chairperson Tucker stated this is not the issue, actually what is being proposed
by the applicant is consistent with what they are allowed to do. The
massiveness really is not, except for the aesthetics, what we are considering.
How many people are you speaking for?
Ms. Kring then faced the audience and asked how many were against the
project whom she represented. Four people raised their hands. She then stated
that today she received several letters that were presented to the Planning
Commission, from Dr. Vickers, Dr. Morgan and Roy Jackson. •
Chairperson Tucker then stated that the purpose of this hearing is to address the
details of the environmental document.
Commissioner Gifford asked the speaker to clarify whom she is representing.
Ms. Kring answered that her group, ORACLE, is a grass roots organization that do
not support the project even though it is okay with the zoning. The objection is
they do not want something -like this in their neighborhood. She has gone to
many businesses and residences in the community. She has some signatures
and did ask for some to speak at the meeting tonight. She stated that a
number would be around 30 that she represents who occupy and /or rent
businesses. None of them are occupants of any of the structures that are going
to be demolished in answer to Commission query.
Chairperson Tucker thanked the speaker for her letter. He noted that the
standard for review is credible evidence, not arguments or speculations or
unsubstantiated opinion or, narrative. The first comment you had dealt with the
length of the public review period. Commissioner Tucker noted that the review
period rules are the some for everyone. There will be a response to your letter.
Continuing, he noted the following issues:
• Propriety of a Mitigated Negative Declaration as opposed to an
Environmental Impact Report. As we go through your letter, I am going
to be asking what is your substantial argument.
• The nature of crediting the project with what existing development is
City of Newport Beach
Planning Commission Minutes
January 3, 2002
there already. Your position is that if something has been vacant for a
period of time, it should not get credited. That is not standard
operating procedure in any jurisdiction that I am aware of. There is not
a lot of difference between something that is occupied month to
month and something that is not occupied at all. Someone has a right
to use it and whatever credits are available, are available.
The project should be marine oriented and coastal dependent. That
pertains to the four lots on the water as opposed to the other 18 lots.
The other 18 lots are not bound by the same limit. He then asked about
incentive use requirement along the water information from staff.
Ms. Temple answered that neither the General Plan, LCP or the Zoning Code
actually mandate a limitation just to coastally dependent or marine related
uses. The incentive use provisions were intended to provide a modest incentive
to maintain a portion of the waterfront areas with those types. of uses. It is not-an
absolute requirement. Within our system, there is only one use that mandates
the provision of a coastally dependent or marine related use and that is general
tenancy office development. Any other form of retail, even non -marine related
retail and other marine related uses such as yacht brokers, etc. are all permitted
and do not require the provision of the coastally dependent or marine related.
It is a goal, not a mandate.
. Chairperson Tucker asked if this project was built as 22 separate projects with 22
separate architects and looked totally different, would there be an objection to
the project?
Ms. Kring answered that she believed there would not be because each
architect would have its own distinctiveness and each property would be
viewed differently and there would be the eclectic charm and aesthetic value
that the Cannery is known for. When you walk around this area now, each
building is different. But when you have 22 that all look alike, it is too massive,
uniform and homogenous. If there were 22 different buildings, they would not
be built all at the some time and would be phased in. I don't think there would
be as much concern if that were the case. If you phased in 22 individual
buildings with the same idea of commercial /residential, each one would have
its own individuality where we don't believe that this project does. If they
wanted the height variance for each of the 22 buildings, we would have a
concern with that.
Chairperson Tucker noted that the property is not cheap there and people
would try to maximize what they could have. Our charge under the Code is to
look at the design trade off. That is one of the things the Code allows an
applicant to do and we respond to that. Continuing, he asked staff about
tandem parking.
Ms. Temple answered that tandem parking is allowed under the Code.
• Ms. Kring answered that just because tandem parking is allowed under the
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Code that does not necessarily mean people are S
as it may create problems for parking on the street.
use it. It is a concern
Chairperson Tucker answered that it is allowed and went on to the next issue
noted in her letter of Coastal Residential Development permit, which The
Commission has not seen the analysis. One of the alternatives available for
projects is that affordable units are put somewhere in the City. It is not
necessarily the case that the affordable housing has to be in the development
and in this particular case, it may not be. That study will come back and
analyze what the alternatives are and make recommendations to us. Another
issue that was raised in the letter was the aesthetics and public visual access
with the three -foot side yards. A lot of these buildings are up against each other
in this area today with no open area in between.
Ms. Temple noted that the only. setback requirements on these lots in Cannery
Village are a front setback and an alley side setback; there are no side yard
requirements. .
Continuing, Chairperson Tucker noted the comments on the issues raised by Ms.
Kring's letter:
• The architecture and the same theme for all 22 units - really is the key
issue for the Commission to decide; . The question is, has the applicant
carried the burden of coming up with a design that at least four of us
believe accomplishes superior architectural quality to justify exceeding
the basic height limit. As indicated, the applicant's choice is to build
within the 26 feet if we don't approve of that.
• Intensity of development - that really is part of the air quality discussion.
The applicant is proposing a project that does not require any floor
area ratio variances. The -air quality analysis is based upon a general
plan analysis with an air quality management plan that assumes a
certain intensity and based upon our general plan and as long as the
applicant is not increasing above that, that issue has already been
resolved. I don't see that as something that requires any additional
analysis.
• The cultural resources - the area has been graded and developed,
this is not going to be a deep excavation project. I don't think we will
need to have any paleontologists out there while this is going on.
• The issue of Newport Plating and possible contamination - I am not
sure that we have anything other than speculation.
• The Water Quality Control Board comment - the board for our region
has not adopted anything yet, so it is hard to force somebody to
comply with something that has not been adopted. This applicant by
increasing the pervious areas significantly, landscaping and turf block,
meets the goals that typically the Water Quality Control Board tries to
implement, which is to have run off water flow over landscaping to
allow it to percolate and cleanse before it ends up where it ends up.
This applicant is also proposing a filter in the trench drain. Right now,
that water goes straight to the bay.
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• Marine oriented and coastal dependent uses - the Planning Director
has discussed that one.
• Environmental analysis on a re- design - a valid concern if it gets
redesigned to the point where that is necessary. Sometimes redesigns
are not real significant in terms of what they look like and
environmental impact. We do not yet know if this will happen and will
have to wait and see how that ends up.
• Parkland issue - This will probably be handled one of two ways,
payment of a fee or the applicant is willing to spend money for the
end of 30th Street barring any technical reasons. The public might
want to let the City know if they are interested in some parkland there.
• The traffic analysis - your comment is that the traffic analysis
'drastically' underestimates the potential traffic and circulation system.
We have the Traffic Phasing Ordinance, which includes a detailed set
of rules governing how traffic studies are to be conducted. Whether
you are for or against a project, you should be for a consistent set of
rules. In this case, the applicant has followed the rules and to ask him
to do something beyond them is not fair nor justified.
• The timing of the project with a completion date in 2003 - this is
probably realistic. Assuming the applicant can get going by the first of
next year, I am assuming it will all be done in one phase and it will take
• a year or more for processing the permits. It might be tight, but it could
happen.
• The analysis considering other major developments that may occur on
Balboa Peninsula would be additional traffic impacts - the reality is the
way our traffic analysis system works everything is computed in based
upon the intensity allowed under the General Plan and is already in
the traffic model. This project is not intensifying what is in the General
Plan today; it is intensifying what is physically there today. I don't think
there would be any cumulative impacts to look at based on the fact
build out is already computed in the model.
Ms. Kring stated that the comments were very helpful. However, this community
is built on a village atmosphere and is very unique and unusual. There are so
many people who have been here for years, residents and investors and
business owners, and they want to maintain the same aesthetic values. The
aesthetics are things that should be of concern to the Commission.
Chairperson Tucker requested that the speaker confine her comments to the
CEQA issues, as there was public testimony from the residents at the last hearing
about the other merits of the this project.
Ms. Kring answered that the City is just starting the General Plan Update and we
feel that perhaps any change could be put off until the General Plan is updated
for the whole City since the Cannery will be part of that. Since you ask for input
from all citizens in the area for the update, and a lot of people are concerned
. about the village and the city, then you could put this decision off until the
General Plan has been satisfied.
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January 3, 2002
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Chairperson Tucker answered that the General Plan update process is a vision
and blueprint for the future; it is not a moratorium. This applicant has come forth
with a plan based upon the General Plan. When that update gets completed, I
suspect could be after the applicant plans to be finished with this project and
Will be approximately two years away.
Commissioner Kiser asked how the update would affect a Specific Plan for the
Cannery Village that is already in place?
Ms. Temple answered that there is a possibility that through the General Plan
update process, issues related to this project could become policy points for
discussion and potential change in the General Plan. It is unknown whether that
outcome would come to fruition or not. We all know height is a sensitive issue in
Newport Beach. Once the General Plan update-is completed, there is still a
tremendous amount of follow up work to update the Zoning Code to implement
those new policies, so we are talking about quite a lengthy period of time.
Frankly, right now we are dealing with a project that is consistent with the
General Plan. You can't deny it on the basis of something that you might do in
the future.
Commissioner Gifford commented that it is her understanding that some specific
area plans contain some elements that are not the same as the General Plan.
When you say it will be accomplished by follow up, does that mean that specific
area plans will be adjusted to conform?
Ms. Temple answered that no, we are consistent now. If there were policies that
were adopted that would further limit heights in certain areas or call for a
different palette of land uses in say a specific plan, then we would have to
follow up immediately through implementing ordinances and that could mean
amendments to the Specific Area Plans.
Ms. Wood added that one of the things that staff is hoping to accomplish
through this update is to make it more of a general policy document and guide
for the City then what we have today, which is more specific then you would
see General Plans in a lot of cities. If the height in Cannery Village or on
waterfront properties were to become an issue in the General Plan, I would think
we might have some policy direction to reduce height limits. The General Plan
would not say the height limit in Cannery Village should be 26 feet; it would be a
more general thing. As noted, we would then follow up with implementing
ordinances and the Commission and Council would then consider exactly how
much of a reduction in height would be appropriate and that would be put into
the zoning for the Specific Plan.
Commissioner Kiser then asked if the General Plan does get updated, that it
probably would not mandate zoning changes for areas that already have
existing Specific Plans like Cannery Village? Rather it would just give a policy •
direction to potential changes in zoning?
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Ms. Wood answered that you would not want to amend the General Plan, so
that you immediately have throughout the City a number of inconsistencies
between Zoning and General Plan. So if there were changes in land use that
come.out of the General Plan, those would be the highest priority to address
with Zoning Amendments. Things like the height limit I think, especially since that
is more of a policy issue and the General Plan would have less specificity to it,
we could take a little bit longer to make those changes.
Chairperson Tucker noted that there is a Vision Festival going on next weekend
and if you have a different vision for Cannery Village than what is being
suggested by the applicant tonight, you should show up and express your vision.
Tonight we are proceeding with the General Plan in existence today.
Public comment was opened.
Dennis Overstreet, 128 Via Trieste noted that he recently acquired the property
at 2816 Lafayette, which was a restaurant on the waterfront. He noted he is not
that familiar with this project. However, he believes as a retailer and
businessman, that the design does not enhance retail or a commercial
environment even though being of mixed use. Doing away with the street and
the disappearance of curbs, it looks residential and will discourage people from
the surrounding area from believing this is a place to conduct retail business.
Where is the commercial coming in? Additionally, there is not enough parking.
Chairperson Tucker answered that in the environmental document there are
certain things we are looking at tonight. If the applicant had not come in for
the Use Permit, we would not see or have the ability to talk about the
architecture at all. I think those uses are what they are going to be, there is a lot
of uses in that area and properties that do look like residential that have office
below.
Tom Bluerock, 3000 Newport Boulevard stated he has followed this project as it
has been submitted to the City. He asked the Commission to consider one thing
and that is the height of the project. Most of the projects there have not
needed a height variance, this much building is going to change the scale and
urban character. I would urge you to consider that height limit. You can get
the same area without the height variance and I don't know why he needs to
request additional height.
Commissioner Kiser asked about the need for a use permit for height for other
structures that have been constructed in Cannery Village. Have others come in
and received conditional use permits to increase the height over 26 feet for
projects that have been constructed down there? I am not sure that the
statement made about others not needing a use permit for height in that area,
... I believe is not a true statement.
Ms. Temple answered that there have been projects; I would not say the
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majority of projects that have requested to exceed the basic height limit.
Probably the most recent and significant project that requested that relief was
the 28th Street Marina project. It has been many years and projects have
availed themselves of the relief through a use permit.
Frits Hawser, 608 St. James Place stated that he supports the project. He has
reviewed the plans and notes it is a good addition to the area. This type of
project should encourage more redevelopment and refurbishment in the area.
I have no comments on the environmental issues.
Brent Delvalle, 1201 Estelle Lane noted he supports the project and that the
architectural theme looks good.
Public comment closed.
Commissioner Selich, referring to the revised staff report and the occupancy
separation walls and fire sprinklers, asked if those aren't building code issues?
The fire sprinklers are requested to be included as a condition of approval.
What is the difference here that we are requiring them?
Ms. Temple answered she would have to go back to the Fire Marshall for the
specifics as to why he is requesting them. Specifically, the fire separation walls
are code requirement. I believe that the discussion for the need of the fire
sprinklers is related to the possibility that some of those fire separation walls might
be able to be modified or eliminated. The only reason they were included is
because the separation walls will have an impact visually from the outside of
the structure of the street and so it could possibly affect the judgment related to
the height limit findings.
Commissioner Selich noted that on the sprinklers, again if the buildings were to
come in individually and not be required to do sprinklers, based on what I have
seen so for I fail to see the reason that we would require 22 buildings to do it
because they are coming in at the same time. I don't see why you would treat
one different than the other.
Ms. Temple answered she would try and get further information on this question
for the Commission.
Commissioner Gifford stated that she is seeing some possible potential that the
requirement /conditioning for fire sprinklers is not simply, 'okay you don't have to
have them', but we are going to decide that we want them. Rather the reverse
of what Chairman Tucker has been talking about, this is what the requirements
are, so don't be talking about what you wish for. We are going to operate
under the requirements. Here there is not a requirement for sprinklers but
someone is talking about what they wish for. Is the idea here that if there are
sprinklers there could be a trade off with the height of the fire separation wall
and we could be talking about a way to potentially not require a height limit
increase? The result of not requiring the fire separation wall at all would be what
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in terms of height and the issues we are dealing
Ms. Temple answered that one of the comments the applicant made to staff is
that the breezeways through on the ground floor provide part of the visual
openness that would justify exceeding the height limit. To the extent those
breezeways are obscured by a solid, full height fire separation wall, that
argument may hold less weight with the Commission. The plans that the
Commission has been shown show the fire separation walls. If they were to be
eliminated there would probably be a little bit more open visual view through
the project between the street and the alley. To the extent that became
important in the consideration for making the findings on the height limit, then
may be there is a slight tie between those issues. It is not that the fire separation
walls and the placement of the mechanical equipment would affect the actual
height. Ms. Temple clarified that the separation walls are unrelated to the
___ proposed height ot_the_buildings.
Commissioner Kranzley stated he knows that tandem parking can be used to
satisfy parking requirements; one comes to mind on Coast Highway. Because it
is allowed, does it mean that we need to accept it as a mitigation for sub-
standard parking?
Ms. Temple answered that it is not a substitution for substandard parking; it is just
the way to achieve the greatest amount of on site parking supply.
Commissioner Kranzley noted that we historically discourage tandem parking
and in fact where we have allowed tandem parking, I would say that it is not
utilized. My question is, are we required to accept tandem parking as a
fulfillment of the parking requirement?
Ms. Temple answered that the Code does allow it. I believe that you can not
not allow it.
Commissioner Kranzley stated that if we see a shopping center come in and
they say that in order to satisfy the parking needs of a shopping center, we are
going to have X number of parking spaces. The Commission does not have any
discretion over that?
Ms. Temple answered that we do in that kind of parking pool arrangement have
the ability to require and review valet parking plans.
Chairperson Tucker noted that with a larger scale use where people do not
know each other, tandem parking is a recipe for a disaster. It is not something
that I am enthused about in any circumstances, but when you have 700/800
square foot commercial use where you will have a person who owns the
property, the chances for utilizing the tandem parking will be greater, especially
in an area where you have parking meters on the street. They are going to
figure out how to use tandem spaces because it will mean money otherwise.
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January 3, 2002
Ms. Temple added that the accommodation of tandem parking particularly in
areas like the Cannery Village is just that, an accommodation on a 30 -foot wide
lot on an individual property. It is virtually impossible to get new Code required
parking without the use of tandem spaces. I think the City is realistic, we
understand many times they are not used but at least there is a potential for use.
If the parking situation got difficult enough, people would start using them. we
agree it is not an optimal arrangement, but in these older subdivided areas, it
really has been the only way to achieve on -site parking without waivers.
Chairperson Tucker then stated he would like to get the response to comments
before discussing the Coastal Commission letter. He then asked if members of
the audience wish to speak on the Coastal Commission letter. There was no
response.
Mr. James Campbell noted that the staff reports.lists by
that are outstanding and high lighted the following.
Planning Department:
• Responses to comments - expected to be ready within week to ten
days.
• Coastal Residential Development Permit - expect completion of the
study by late January.
Building Department:
• One occupancy separation wall not on plans that has to do with the
trellises at the interior property line. Additionally, there is ongoing
discussion about use of fire sprinklers as protection to remove some of
the occupancy separation walls in the interior. No verification from Fire
Marshall or building official as to what will be done with this. Expect this
to be resolved within the next two weeks.
Public Works Department:
• Concerns with hydrology /drainage and would like the preparation of a
study to ensure that the proposed drainage concept is feasible. The
applicant assures that this can be prepared within the next two weeks
or so.
• Pedestrian interface within the public realm out front would work, as
there are non- standard improvements there. We want to have further
clarification and details of where the cars and pedestrians will be.
Additional exhibits are being prepared by the applicant to show
possibly some protective devices to better assess the path of travel to
ensure safety. I do not know when those are coming, although we
hope to have them shortly.
• Maintenance of these non - standard improvements, discussions are
ongoing. An Assessment District option is being discussed whereby the
owners would pay into a fund that the City would control and the City
would then maintain the improvements as necessary.
• Some minor details with street improvements and we hope to have
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those at least addressed by the applicant and reviewed by the
appropriate staff and recommendations brought back to the
Commission.
I would anticipate, given the complexity of the issues we have here, and the
length of time necessary for the Coastal Residential Development Permit and
the Hydrology Study, I don't see being able to bring this back to the Commission
before the second meeting of February. I recommend we continue this item to
February 21, 2002.
Commissioner Selich noted you are talking about the design of these non-
standard improvements and pedestrian separation. We already have an
example of that in Lido Marina Village, are we having problems there that
necessitate a different standard.
- --- -- . ................. ..........
Ms. Temple noted that during discussions with the applicant and Public Works
staff, we did talk specifically about the non - standard improvements in Lido
Marina Village. Based on personal experience, we discussed how there is very
little traffic on that street, there is also not very much traffic going to be on this
street as well. However, the pedestrians seem to have the greatest amount of
problem understanding where the cars are supposed to be versus where they
Oare supposed to be walking. There have been some conflict issues.
At Commission inquiry, Ms. Temple added that most of the people walk down
the street and this is something that the Public Works Department wants a
greater understanding of; this is an area with a more conventional layout. It's a
grid system, a type of pedestrian environment that people do tend to traverse
on and all the other surrounding streets are conventional curb /gutter sidewalk
arrangements that are very well understood by the pedestrian._ The Public Works
Department is concerned that there may be some extra problems and wants to
be careful.
Commissioner Gifford noted her concern that in seeing this project, this is not
something that just came up, this is not an issue that just arose. I wonder why we
are just getting to look at this or really trying to understand it at this moment.
Ms. Wood answered that we became aware of the extent of the Public Works
Department concerns later than we should have. In addition to things
mentioned by Ms. Temple, I think that in this area the drainage concerns are
greater than they are in Lido Marina Village. They were also concerned with
whether the proposed improvements would meet accessibility requirements for
the disabled and since the City has had claims filed against us for those kinds of
issues in the public right of way, the Public Works Department wants to be
careful about that.
Commissioner Kiser asked about the disabled parking for two of the Lafayette
• lots not provided. Could the requirement to provide handicap parking or
disabled parking necessitate a change in design of the buildings once that is
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January 3, 2002
complied with?
Mr. Campbell answered that might be the case because there really is not
enough room to squeeze the maneuvering area for the occupant to enter /exit
a vehicle. The way the design is laid out that extra five feet can not go in there.
We pointed this out to the applicant, but they have not addressed it, so I am not
sure how it will be resolved at this point.
Commissioner Kiser noted his main concern in the interest of not having
everyone to waste time on the project and be able to make comments that
make sense, we need to get everything in front of us that shows the design of
the project as it is to be approved. Even though the revised staff report is short, I
see several things that as far as I am concerned could have a significant impact
on the look of the project. Many of the concerns I have heard raised by the
public and Commission have to do with architecture, views and such. I that all
changes, we may be starting over. Other things noted in the staff report, such
as separation walls for the interior stairways, they too could have a fairly
significant visual impact on the project if those change. The point I am trying to
make, the last time it was the trellis wall being apparently not to Building Code
setback standards and there being a requirement that they not be combustible
and have no vines growing on them. We were under the impression at the last
meeting that there was going to be a wall there with a trellis and plantings on it.
I really would like to see this project in a complete form at the next meeting. I
don't want to have to piece meal this and make changes later or have to
approve something that is a fairly significant project particularly for this area and
then have to guess at what other elements the Building Department or Fire
Department gets done with their approval. So, if we even need a longer
continuance to get everything together so we can finally consider this, I would
be all for that.
Chairperson Tucker stated that the next time we see this, it is to be in a position
to vote on it. Because the Use Permit is a critical element and it is tied into
making required findings that the project represents a superior architectural
product by allowing the height to go above the basic height, we actually have
to tie any approval to a specific set of elevations. What you say is 100%
accurate and we need to know what we are voting on and to the extent there
are design changes, those need to come back to us. At some point, the staff
will tip us off if significant changes occur, and we will have another presentation.
If minor, staff can point them out to us. No matter which way it goes, we have
to have in front of us what is being voted on, not here's the old plans and here
are the changes.
Commissioner Kiser asked the applicant for more renderings of the way the
landscaping is intended to look. Also, because of the comments heard from the
meetings, one of the big concerns is how this project all built at once will fit in
and how it will look afterwards. It would help to have something to show how it
will look, not only from street side, but even from the alleys and how it will look
when the landscaping has matured.
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Chairperson Tucker noted that the next time this comes back, we will re -open
the public hearing and anybody who wants to make comments about the
project can do so. Tonight I tried to limit the testimony to the CEQA documents
because that was the purpose of tonight's hearing and we wanted to gain that
information. The Commission's feeling is that we need to have everything at the
next meeting so that we know what we are voting on.
Motion was made by Commissioner Kranzley to continue this item to February 21,
2002.
Ayes: McDaniel, Kiser, Agajanion, Tucker Gifford, Kranzley, Selich
Noes: None
SUBJECT: Brown Duplex
405 Dahlia Avenue
(PA2001 -173)
Request for a variance to permit a duplex to exceed the 1.5 floor area limit
. applicable within Corona del Mar. The request .includes reduction of the front
yard setback from 15 -feet to 74' and the reduction of the rear yard setback from
10 -feet to 3' -6 ".
Chairperson Tucker noted this item was before the Commission in November 2001.
The application was for a variance of the floor area ratio. There was no majority
apparent on the vote at that time, therefore it was continued.
Commissioner KranzJey noted that he is not in favor of a modification of the front
yard setback and would like to maintain the 15 feet. He met with the applicant
and visited the site. He asked for clarification of the carport/garage area from
staff.
Staff answered that the minimum vehicle space width is 8 foot 3 inches. If it were
up against an obstruction like a wall or post, it would be increased by 6 inches. In
this particular application 17 feet 6 inches is the minimum width for two spaces
with obstructions on both sides. On the revised plans there is no dimension given.
Commissioner Kranzley reiterated he would like to retain as much of the front yard
setback as possible and he is concerned about the view corridor into the street.
He is also concerned about anything less than a three -foot setback in the back
yard area. I would consider a variance with certain parameters that I just
mentioned.
Chairperson Tucker noted there might be an assumed variance or a reasonable
• setback for computation purposes. We then have the City's Ordinances that
mandate what the setback is that we can then look at changing by way of
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Item No. 2
PA2001 -173
Approved with
modifications to the
project
City of Newport Beach
Planning Commission Minutes
January 3, 2002 INDEX
modification. The threshold question is square footage; did you see any of the 5 or
6 computations that the architect made that would meet your requirements?
Commissioner Kranzley answered that he was less concerned about the square
footage than how the bulk was placed on the lot and what view corridors were
impacted.
Commissioner Gifford stated that the revised plans have made a good effort to
meet our requests. The only piece that I see is not practical is the point where
there is a 2 -foot setback in the rear yard at the western end of the property. It
then expands quite rapidly and I wonder if we could move the carport garage
segment forward another foot without messing up the upper floor. This way we
could have 14 feet in that particular portion, which runs along the front property
line and leave the remainder of the structure at 15 feet.
Commissioner Kranzley noted that we are under the impression that carports and
garages are required by Code and I am getting a different answer from staff than
I got from the applicant. That may take care of the main issue that I have on the
current new plans, which is the two -foot setback at that one corner. Maybe the
applicant can help us with that.
Commissioner Gifford noted that it may not be in the best interest as a community
to have the carport be the very minimum, there is a whole functionality feature
.
that goes with it.
Commissioner Kiser noted that he received only two sheets with his current staff
report. He was answered that the applicant was unable to revise all the
elevations, those are the other two sheets. (Site and Floor Plans)
Continuing, Commissioner Kiser asked if it was a 15 -foot front yard setback at this
point?
Mr. Campbell answered that the revised plan does show a 15 -foot front yard
setback on Dahlia, which complies with the zoning requirements.
Commissioner Kiser clarified that the revised plan does not require a modification
to the front yard setback. Did we get any comments from the owner at 407
Dahlia? It is important to hear from that owner about the plans.
Mr. Campbell answered that just before the meeting he was informed by the
applicant that the owner of 407 Dahlia had some concerns about the proximity of
the proposed carport on the new plan at two feet. Additionally, there is a
concern that it is a carport and not a garage for aesthetic reasons. There was
some discussions ongoing in the lobby about whether the abutting owner was
going to support the project or not.
Commissioner Kiser noting the Resolution at the end of Section 1, the application
includes requests for reduction of the front yard setback, is that still true? My
is
• City of Newport Beach
Planning Commission Minutes
January 3, 2002
concern was also with the 2 -foot setback on the northwest corner; it appeared
that it might just be from the deck bn the second floor. Is that true? Would it be a
big deal to cut that deck back to increase the setback?
Staff answered that Section 1 was the old description. The wording on the
resolution will be revised to reflect what plan the Commission chose to approve.
That is correct, the deck could be pulled back, however the question would be if
a portion of the building would require a structural support in the carport below;
that issue would need to be addressed by the applicant.
Commissioner Kiser then asked about the turn around and maneuvering space to
get into the carports, it seems such a narrow space on the north side of the
property. In the revised project, I am not concerned about the various square
footages that are shown under Exhibit 1, it is more the project and setbacks and
how the whole thing is going to fit in. It looks as if the current proposed. plan,.
building square footage wise, I have no problem with.
Commissioner Tucker noted that the findings for variances are not here. It didn't
strike me that this resolution was perfected.
Public comment was opened.
Jeff Brown, owner /applicant of 405 Dahlia stated he had several meetings with
staff and has made changes to his plans. He has been in contact with Ms. Hirsch
owner of 407 Dahlia and she would like to speak tonight, as she is concerned with
a couple of changes that have been made recently.
Don Monteleone, architect for the project noted that the w dth of the two
garages that are enclosed is 20 feet. One of the spaces in that garage is for the
front unit and one is for the back unit with a wall in the middle. Each of those
spaces has to be 9 feet 4 inches clear inside. The carport behind the garages
could be reduced a foot. I believe the required width if there are no intervening
walls for two spaces is 17 feet 6 inches. We could reduce the carport to 19 feet,
bringing it 3 feet away from the rear property line.
Commissioner Gifford clarified that the minimum between the walls separating the
garage from the carport could be 17 feet 6 inches, how much would the post
take up?
Mr. Campbell answered that the post as shown on the plan would take up 1 to
11/2 square feet approximately. In answer to the previous question, the space
scaled off on the plan shows 19 feet for the carport and the interior garage space
width appears to be 19 feet 6 inches. That carport space could be reduced and
the post could be moved to make approximately 4-4'/2 feet for the setback..
Ms. Hirsch, owner of 405 Dahlia stated she needs to reject the plan as she has
• become very uncomfortable with the setback. Jeff has worked very hard,
because we are so close to each other. The original plan I had accepted
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•
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January 3, 2002
INDEX
because it did give me some positives, but I feel like 1 am now giving up a
driveway into my area and creating an easement that will service two more
residences. I was willing to do that because I saw an advantage to opening up
my view to the street and a nicer walkway to the street. Now, the idea of walking
in front of carports it no longer became very exciting to me as they can become
collections of anything but housing a car. I feel I need to be stronger about this. I
want closed doors on those garages. I am creating an easement where most of
the property owners in Corona del Mar have an advantage of having an average
lot that goes out to the alleyway and the City provides that driveway. Now, I am
providing that for this other property, which I would like to help Jeff out on and
make it work for both of us, but I do not see a win /win situation if I have to put up
with the fact that I do have 7 feet from my front area on the first plan and now it is
shoved back to 2 feet on these new plans. Moving the property forward was an
advantage to me, but now that is not the case.
Commissioner Tucker asked if there were garage doors on the carports, would this
plan be acceptable to you as modified moving the setback to 3 feet?
Ms. Hirsch said she would like to see the 7 feet setback with garage doors. These
are both important issues to me. This is my walkway and I have to go by these
garages.
Commissioner Selich asked that if we were to move that comer post back a foot,
we would have a 39 -foot run across the front of the two garages and carports,
would it be possible to get 4 enclosed parking spaces in that 39 -foot run and meet
our Codes?
Ms. Temple answered that the major implication to keep in mind is that would
increase the magnitude of the variance by that approximate ±400 square feet
because it becomes floor area.
Commissioner Gifford asked if the architect felt it would be possible to move that
whole segment forward, if we wanted to have that ability to have the
garage /carport segment forward?
Commissioner McDaniel noted that if we made the structure smaller, you might be
solving some of these problems. That has been my major concern, the size of this
project being built. It is 938 feet extra over what was approved for this lot and I
think we ought to start considering cutting into that. I would then be much more
interested in approving this, but we are trying to put as big a structure on this
property and if we skinny this down, it may solve some of the problems, mine as
well.
Commissioner Kranzley noted that the issue is whether we want the garage
structures facing the front or facing the side. That is what we have been going
through on the calculations here on how narrow we can make the four garage
spaces or two garage spaces and carports. That is the biggest issue with the
length from the front yard setback to the rear yard setback and there doesn't
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City of Newport Beach
Planning Commission Minutes
January 3, 2002
seem to be much play in that.
Mr. Monteleone stated that the garage sizes, if the carport was enclosed into a
two car garage, then the garage that is already in the front could become a two
car garage rather than two, one car garages. All of that could fit into 39 feet. We
could take the easterly segment of the properly that houses on the first floor the
garages and carports and have that come forward a foot without affecting
anything else.
Discussion followed on the potential layouts of the enclosed garages and /or
carports.
Ms. Temple stated that two side -by -side enclosed garages at the minimum inside
clear width is approximately 37 feet. The plan presented showed that run of
garages and carports to be 40 feet, so if the other dimensions on the _plan ,_ are
.
correct, you could achieve an approximate 5 foot setback from the rear property
line with the garages in this basic configuration without an encroachment into the
front yard setback. You would end up with one less wall.
Chairperson Tucker then asked the Commission about the concept of increasing
the floor area by enclosing both the garages.
Commissioner Kranzley stated he has no problem with having both garages
enclosed and increasing the square footage.
Public comment was closed.
Commissioner Kiser noted that the applicant needs to get an easement from the
neighbor for a driveway access plan in order for this project to be built. If Mrs.
Hirsch does not like the project as it is, which she has just stated she does not, it
does not matter what we approve or disapprove here. In practical terms it does
not get built until Mrs. Hirsch agrees. As much as we are trying to arrange things for
this project to get built, we need to continue this to let the applicant demonstrate
to Mrs. Hirsch that this is a good project. Until this happens, I would suggest that
we continue this.
Commissioner Kranzley noted that we have approved projects with the condition
that they get off street parking agreement with other property owners. I would
not have a problem approving a project that may be as specifically as what the
other property owner wanted, but this is the best. I am willing to move that we
have the project with the 5 foot rear yard setback,
Commissioner Kiser stated that the front yard setback is important. I would
accept the additional square footage for the garage and approve the project
with the 15 -foot front yard setback as long as there is an easement.
Commissioner Gifford stated she is not flexible about the 15 -foot front yard
setback with enclosed garages and a 5 -foot rear yard setback. I would like to
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Planning Commission Minutes
January 3, 2002 INDEX
hear if this is a mutual benefit from the neighbor and applicant.
Ms. Hirsch accepted the 5 -foot setback and Mr. Brown said he would agree with
enclosing the garage with the 5 -foot setback.
Ms. Clauson stated that the conditions as they are and the easement being
recorded to provide that access is sufficient.
Ms. Temple noted that the plan with two carport spaces constitutes 5,100 square
feet. That was what the new plan represented with the two carport spaces so I
suggest that the motion be as redesigned with a 15 -foot front setback, a
minimum 5 foot rear setback and with the building allowed to be 5,100 square
feet plus the square footage necessary to enclose the two carport spaces.
Ms. ,Claus on-added that the__additional information on the resolution is that the
findings talk about the factors that would support the findings that are required
for a variance with the 5,100 square feet. Some analysis will need to be made
on the additional square footage resulting from enclosing of the carports to be
included as a factor to support that finding. Additionally, I know the Commission
has seen the findings required in the Code, these factors go a long way towards
supporting those findings. It provides for the increased visual enclosure of the
building that helps with the adjoining property owner who is required to provide
the easement. It is a unique situation so a recitation of those factors and the
factor of allowing for the additional space to be able to move it back to help
with the increased setback for the garage, as far as that increased variance is
necessary because of the setbacks.
Ms. Temple added that the foundation for the floor area variance still remains
the fact that it is an unusual lot with non - typical configuration and setbacks,
which have greater impact on the floor area than in a typical case. That is the
same, regardless of whether the garages are enclosed or not. In fact, it is
probably one of the reasons why the project was designed with carports in the
first place.
Chairperson Tucker noted that the fourth finding for a variance is what the
applicant is applying for, is not going to materially adversely affect the health or
safety of persons residing or working in the neighborhood of the property of the
applicant and won't be materially detrimental to the public welfare or injurious
to property or improvements in the neighborhood. It is almost like in order for it
not to be that, we are requiring that second garage to be enclosed.
Motion was made by Commissioner Tucker to approve Variance No. 2001 -004
and Modification No. 2001 -098 by adopting the following findings:
a) That because of special circumstances applicable to the property,
including size, shape, topography, location or surroundings, the strict
application of this code deprives such property of privileges enjoyed by •
other property in the vicinity and under identical zoning classification.
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Planning Commission Minutes
January 3, 2002
The location of the property without alley access and its larger width creates
a larger rear yard and front yard setback area that has the effect of
disproportionately reducing the buildable area of the property below that
enjoyed by identically zoned properties in the area. The typical Corona Del
Mar of comparable size to the project site has a percentage of gross floor
area to lot area of 100.4 %. The same percentage for the subject lot without
approval of the variance is 81.87 %. Due to these factors, the property is
deprived of privileges enjoyed by other property in the vicinity and under
the identical zoning classification.
b) That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
The granting the additional floor area is necessary for the applicant to enjoy
a similar and substantial property right which is to develop a residential
project that is proportionately consistent, based upon lot size, with other
properties in the area and under identical zoning requirements.
c) That the granting of the application is consistent with the purposes of this
code and will not constitute a grant of special privilege inconsistent with
• the limitations on other properties in the vicinity and in the same zoning
district.
The approval of the additional floor area is consistent with the intent of the
code that is to preserve property values and create design compatibility of
proposed projects with surroundings. The increased floor area is necessary
for the applicant to create a residential project that is proportionately
consistent in size, based upon lot size, with other properties in the area and
subject to the same zoning requirements. The typical Corona Del Mar lot of
comparable size to the project site has a percentage of gross floor area to lot
area of 100.4 %. The same percentage for the subject lot without approval of
the variance is 81.87 %. The application proposes a 5,100 sq. ff. building
which has a gross floor area to lot area percentage of 97.9 %. The approval
of this increase in floor area is below the percentage of gross floor area to lot
area enjoyed by other properties and therefore does not constitute the
granting of a special privilege. The additional area approved for the
enclosure of the carport creating a second two car garage is necessary for
the project to be compatible with and not detrimental to the abutting
property located at 407 Dahlia Avenue. This is due to the close proximity of
that portion of the building if designed as a carport and a belief that it
would negatively impact the entry area of the residence located at 407
Dahlia Avenue. This additional area for the carport enclosure is non -
habitable. Due to these factors, the granting of the additional area for the
second garage does not constitute the granting of a special privilege.
. d) That the granting of such application will not, under the circumstances
of the particular case, materially affect adversely the health or safety of
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January 3, 2002
INDEX
persons residing or working in the neighborhood of the property of the
applicant and will not under the circumstances of the particular case be
materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood.
The granting of the variance for additional floor area will not be detrimental
to surrounding property or the city as it does not increase the density of
development permitted by the General Plan. The project will provide the
required off - street parking spaces in accordance with the Zoning Code. A
portion of the floor area increase is necessary to avoid a potentially
detrimental situation with an open carport located in close proximity to the
entry of the abutting residence located at 407 Dahlia Avenue. The portion
of the increased area is devoted to garage spaces will not increase the
occupancy of the structure as it is non - habitable.
e) The establishment, maintenance or operation of the use of the property
or building will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, 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, and further that the
proposed modification is consistent with the legislative intent of this code
for the following reasons:
The rear yard encroachments, as depicted on the revised plans, is similar
to a side yard relationship that is allowed to be setback 4 feet from the
property line and 8 feet between buildings. The proposed encroachments
that are not less than 5 feet from the abutting properly and are limited in
area. The proposed encroachment of parking spaces are required to be
enclosed garage spaces as opposed to being open carports. The
enclosure of the spaces eliminates a potential detrimental situation due to
the close proximity of the spaces and the abutting property.
The proposed encroachments do not effect the views from nearby
properties and the project complies with applicable height limits.
Chairperson Tucker added to his motion several changes to the conditions of
approval and directed staff to restate them as follows:
CONDITIONS OF APPROVAL
Variance No. 2001 -004 & Modification No. 2001 -098
1. The development shall be in substantial conformance with the approved
site plan and floor plans revised and dated December 19, 2001 except as
revised by other conditions of approval. The architectural style and quality
shall be substantially as set forth in the plans dated August 21, 2001.
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2. The Variance No. 2001 -004 and JVloclificatiton No. 2001 -098 shall expire
unless exercised within 24 months from the date of approval as specified in
Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The project shall comply with applicable structure and building height
regulations contained within Chapter 20.65 of the Municipal Code.
4. The applicant shall obtain all applicable permits from the Building
Department.
5. Stair access within the side yards is required to bedroom windows if
required by the Building Department.
6. The lower level shall comply with the Uniform Building Code definition of a
basement otherwise the project shall provide 2 stairways for exiting
purposes for each unit from the third and fourth floors to grade.
7. The building shall be equipped with an automatic fire sprinkler system as
the building exceeds 5,000 square feet in area.
• 8. All improvements shall be constructed as required by Ordinance and the
Public Works Department.
9. In accordance with the provisions of Chapter 13 of the Newport Beach
Municipal Code or other applicable section or chapter, additional street
trees shall be provided and existing street trees shall be protected in
place during construction of the subject project, unless otherwise
approved by the General Services Department and the Public Works
Department. All work within the public right -of -way shall be approved
under an encroachment agreement issued by the Public Works
Department.
10. That arrangements be made with the Public Works Department in order
to guarantee satisfactory completion of the public improvements, if it is
desired to record a parcel map or obtain a building permit prior to
completion of the public improvements.
11. Each dwelling unit shall be served with an individual water service and
sewer lateral connection to the public water and sewer systems unless
otherwise approved by the Public Works Department and the Building
Department.
12. On -site parking, vehicular circulation and pedestrian circulation systems
shall be subject to further review by the Traffic Engineer.
• 13. The owner shall provide the City Building Department with a recorded
reciprocal access agreement between the subject property and the
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January 3, 2002
abutting property to the w_ est. This agreement shall be subject to the
review and approval of the City of Newport Beach and shall be
recorded prior to issuance of any grading or building permits.
14. The footings for the proposed property line retaining walls shall be
designed so that their footings remain on private property and will not
encroach into the public right -of -way.
15. The existing unused portion of the drive approach on Dahlia Avenue
shall be removed and replaced with curb, gutter and sidewalk. All work
shall be completed under an encroachment permit issued by the Public
Works Department.
16. A drainage study shall be prepared by the applicant and approved by
the Public Works Department for the on -site improvements_prior_to_.
issuance of any building or grading permits.
17. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper use of
traffic control equipment and flagmen. Traffic control and transportation
of equipment and materials shall be conducted in accordance with
state and local requirements.
18. The project shall be consistent with the design originally submitted in
terms of material and style as depicted on the elevation drawings dated
August 21, 2001.
19. The carport depicted on the approved plans shall be enclosed creating
a garage. The width of the garage, in conjunction with the approved
site plan and floor plans shall be no larger than necessary while
providing a 15 -foot front yard setback and a 5 -foot rear yard setback.
The depth of the garage shall not exceed the depth depicted on the
approved floor plan identified in Condition No. 1.
20. The second level deck located above the carport depicted on the site
and floor plans dated December 19, 2001 shall be reduced in size or
eliminated. A reduced deck shall not extend father northwest of the
adjacent bathroom depicted on the approved plan.
21. The gross floor area of the project shall not exceed 5,100 square feet plus
an additional amount of floor area necessary to enclose the 2 -car carport
as described in Condition No. 19. The garage depicted on the site and
floor plans dated December 19, 2001 shall be included in the 5,100 square
feet figure cited in this resolution.
Commissioner McDaniel asked if for any reason Ms. Hirsch does not provide this
easement, whatever we do tonight has no affect, is this correct? He was
answered yes, nothing decided tonight will be implemented.
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Commissioner Agajanian noted he would not be in support of the project, as he
sees no special circumstances that warrant the approval of a variance.
Commissioner Kiser noted he would be in support of the project due to the
changes that have been made by the applicant with the understanding that
the neighboring property owner is here and has seen these plans as for as they
go and believes that she will be given the..reciprocal easement that is needed.
I want to make sure that Ms. Hirsch understands that no matter how much
deliberative effort we put into this tonight, she is giving a very significant
properly right here in the reciprocal easement and should feel no hesitation
whatsoever to make sure the project exactly meets her needs before agreeing
to give that reciprocal right. It is not something that needs to be acted on
hastily and she should feel no compunction whatsoever to make sure the
__project exactly_ meets„ her.needs.. I am comfortable with what we have in front
of us tonight in the way of plans and information in the way of approving this
project, I no longer feel with the revised project that it is giving special
preference to this property. I am somewhat uncomfortable that we only have
two sheets out of the four of the plans in front of us tonight, we don't have
elevations. With the amount of time I have spent at looking at the property, the
plans and reviewing it at the last meeting, I am marginally comfortable
approving it without those two sheets. I would like to see a site plan on what this
final revised project is, but in the interest of not having this back again and
because I don't think that with all the considerations given we have to have
those things I will be voting for it.
The following vote was recorded on the application:
Ayes: Kiser, Tucker, Gifford, Kranzley, Selich
Noes: McDaniel, Agajanian
Commissioner Selich noted his concern of the setback for the property at 407
Dahlia. He then submitted a sketch of the two parcels that was prepared by
staff. He stated that this points out the reasons why we need variances on these
lots that are reconfigured from the original subdivision pattern. Basically what
you see are two interpretations on what the setback would be in the rear
property. Discussion then followed on the need for independent judgment and
discretion per lot and not just a strict application of the Zoning Law.
The Planning Commission took a five - minute break.
Y Y Y
SUBJECT: The Cannery Restaurant Item No. 3
3010 Lafayette Avenue PA2001 -204
Modification Permit No. MD2001 -113 (PA2001 -204)
Request to permit the installation of a 52 square foot wall sign over an entry Appeal Upheld
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Planning Commission Minutes
January 3, 2002
portico. This will be the fifth wall sign on the building where the Zoning Code limits
the site to a maximum of three wall signs. Existing wall signs are located on four
separate faces of the building. The proposed sign will be the second wall sign
facing the on site parking lot.
Ms. Temple distributed a picture of the front of the restaurant as provided by the
applicant. She noted that the sign in question is the one on the left, which says
'The Cannery Restaurant' in block lettering. Continuing, she gave a brief summary
of the staff report adding that the applicant is asking for a new wall sign. The
existing sign program for the restaurant consists of four wall signs, where the new
Balboa Peninsula Sign Regulations allow no more than three. In making their
action, the Modifications Committee thought that in approving a new sign over
the main entrance, that the total number of wall signs should not be increased.
Therefore, the other wall sign on the same fagade is the new wall sign was
required to be removed by condition. What is being proposed by the applicant is_
a different sign over the entry, which is depicted on page 15 of the staff report.
Commissioner Agajanian, referring to page 16 of the staff report, asked for and
received clarification of the siting of the signs.
Chairperson Tucker clarified that the applicant previously had four painted on wall
signs, a painted on sign above the entry as well as another sign above the entry
for a total of 6 signs while the restaurant was opened?
Ms. Temple answered that there was a total of 4 signs and they have a right to
add a monument sign for the property in the front.
Mr. Campbell stated that the last page of the Sign Program has the colored
renderings, there is a schematic of the building locating the positions and types of
each of the existing signs.
Mr. Jack Croul, 1901 Bayadera Terrace stated that he bought the Cannery
property two years ago because the owner of the property was planning on
tearing it down and building residential units. I thought it would be a tragedy for
the City to have the Cannery disappear. It is a symbol and icon of the old days of
Newport Beach. Newport was at one -time an active fishing village with four
canneries. There are very few reminders of the old days in our City today. I don't
want the Cannery to disappear from the City and I am planning on placing it in a
foundation so that it will remain for future generations to enjoy. For the past year,
we have been remodeling the Cannery. It will be a beautiful restaurant and
outside we are trying to change it as little as possible to keep its existing character.
We have been required to make a few changes to the outside to meet current
building codes. For example, for seismic protection the outside stairway on the
side facing the Bay is now a structural member to support the building along with
a large steel framework that had to be installed inside the building. The photo I
gave to you is the way the Cannery has looked for almost thirty years and up to
the time we started the remodel. Regarding the signage, historically there has
been a sign on each of three sides of the building and the fourth side, which is the
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Planning Commission Minutes
front, has had two signs. There has always been five signs. We are simply asking
you to let us continue this practice of this signage pattern. One change to this is
that we want to replace the sign over the entrance with a fresh sign. I ask that
you keep the outside of the building the same with one updated sign. The key is
we are not asking for an additional new sign, just the same old number of signs
that we have always had. If it has been acceptable for almost 30 years to have
two signs on the front of the building, we would hope you would let us continue to
do this particularly in light of the fact that we are trying to continue a historical
tradition. I feel the signage on historic buildings is an important issue for the City.
There has to be some flexibility for historic buildings.
Commissioner Kiser clarified with the applicant the proposal is to eliminate the
large red circular sign with Western Canners Co. and the small dark sign below it
and replace them with illuminated channel letters sign.
Commissioner Selich asked why the circle was going to be removed.
Mr. Croul answered that the circle will be continued on the water side, but we
thought we needed some sort of change to show that it is a new operation and
things are going to be different.
• Public comment was opened.
Steve Herbert, operator of the Cannery stated he has worked on this project for a
year and a half. He noted that the Western Canners sign has been removed
because the structure was unsafe and had to come down. That is the only reason
we added a new sign. There is a red Western Canners sign on the oceanside.
That is the only new feature on the outside, even the paint will remain the same.
Ms. Temple stated that when the City adopted the Balboa Peninsula Sign
Regulations included, among other provisions, were specific limitations on the
number of wall signs per building. Whenever a sign is removed that is legally non-
conforming you lose the right to that non - conformity. Adding a new sign means
that the applicant has to come back for an approval. In this particular case, the
Modifications Committee did take a conservative view that there were at the
time 4 wall signs and that the applicant should not increase that number. It is
documented that there have been more signs on the walls in the past.
William Bluerock, 611 Lido Park Drive spoke in favor of the project. He noted the
Cannery is an icon in the community. He asked that the Commission approve the
application.
Bill Hamilton, 3620 Fifth Ave. spoke as the past owner /operator of the Cannery for
26 years. After he sold the property, he was so enthused that Mr. Croul was going
to save the building that he gave him the name Cannery Restaurant. The wall
lettering is part of the architectural significance of the building and adds
considerable value to the property. Many local artists have painted this building
signs and all. The public would give overwhelming support to a decision to allow
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January 3, 2002
all existing wall signage to stay and it certainly receives my support. I hope that
you allow them to keep the signage to represent the historic significance of the
building.
Kevin Weeda, 429 30th Street spoke as the majority property owner surrounding the
restaurant. He urged the Commission to approve this sign as it is a nice landmark
for the community and the owner has made a commitment to the property.
Jeff Rooter, representing Corporate Designs clarified that there were six signs on
the walls originally. The size of the red sign is immense and they are significantly
reducing the overall square footage of signage by taking both those signs down
and putting up a smaller one over the entrance.
Russ Fluter, 2025 West Balboa Blvd. spoke in support of the application and asked
that the signage be allowed.
Public comment was closed.
Commissioner Kiser clarified with staff that the Balboa Peninsula Sign Regulations
includes this properly. If this signage is approved, will it be in conformance with
the Sign Ordinance?
Ms. Temple answered that an approval of this application is for a modification for
an increased number of wall signs pursuant to the Code.
Commissioner Gifford noted that she does not support this application. She
applauds the owner for his concern about the community and obviously putting
his money on the line to support that, however, he has clearly recognized that
there have to be changes. The interior is being remodeled, the Western Canners
Co. sign although it may not count as a sign under. our Sign Ordinance, has been
removed and if there is anything in my mind that creates historical significance it
would be the reference to the Western Canners. There was a great deal of effort
to establish a Sign Ordinance to bring Balboa Peninsula into a place where we
would not be 'over - signed,' and have well designed signs and sufficient signage
for buildings. I don't think that there is a need for an exception to be made here.
There was a mis- statement about signs that don't have to be removed for fifteen
years. If they are taken down, then you start from ground zero. Malarky's has its
signs in place. This sign would now be an exception to the Sign Ordinance and I
just don't think there is anything particularly special about the nature of that
signage. The restaurant is very visible, nobody is going to miss it because there is a
smaller illuminated sign and not this wall sign. I am in support of implementing the
provisions of the Sign Ordinance.
Commissioner Selich noted his support of the application as he doesn't consider
these wall signs, as signs in the typical way we consider them. This is a very unusual
building and they are as much a part of the architectural style of the building as
they are a sign. The one that fronts on the Bay that has Western Canners, even
though it makes reference to the restaurant, may not be considered a sign. I think
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a significant investment is being made in preserving a significant part of the City's
heritage.
Motion was made by Commissioner Kiser to uphold the appeal of the approval
of Modification Permit No. 2001 -113 by eliminating Condition No. 5. He stated
he is very sensitive to signage, however he looks at this as a historical part of
Newport Beach. The signs fit the building so well.
Commissioner Kranzley stated that these are signs. We will probably be hearing
something from another merchant in the near future and whether that is a sign
or not. If we sit here tonight and talk about Western Canners on a side of a
building not being a sign, I don't think we are serving our purpose very well. I
am supportive of the appeal, somewhat reluctantly because a lot of time has
been spent on the Peninsula and on the signs. This isn't technically a historical
buildi.ng,.because_I think.the. buildingwas only built in 1972 ,__._.._._.__ ................_ .:.
Commissioner McDaniel noted he was going to support the motion. He noted
however in the testimony tonight that it was going to be kept the same but we
are going to change it by making it smaller and a different sign. I am confused
on some of that but this is the Cannery and I would like to support it for all the
reasons. There are concerns here, but I will support the motion.
• Chairperson Tucker noted that there are too many signs on the front of it and I
would have done it the opposite way. I don't think the illuminated sign that is
going up should have been approved. I like the sign that is on the exterior of
the building that's not illuminated other than by a spotlight. However, that is not
the issue before us. I am supporting the motion.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Kranbey Selich
Noes: Gifford
ssr
SUBJECT: Beacon Bay Auto Wash, Newport Place
4200 Birch Street
• PA2001 -200
Request for a Use Permit (UP2001-035) to reconfigure and improve an existing
service station and auto wash. The improvements include demolition and
reconstruction of the detail building as well as redesign and replacement of the
gas dispensing islands and canopy. The proposed project also includes the partial
conversion of an existing landscape buffer into additional tandem parking spaces.
Commissioner Kiser asked if there were any concerns about the reflectivity of the
roofing materials.
Mr. Weber noted that this was mentioned to the architect and while it had not
finalized, a condition has been included regarding reflectivity , that there be no
bare exposed metal and is subject to the Planning Director's review and approval.
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Item No. 4
PA2001 -200
Approved
City of Newport Beach
Planning Commission Minutes
January 3, 2002
INDEX
•
Chairperson Tucker noted the condition related to the removal of the existing
trees and their replacement.
Mr. Weber answered that the applicant was not sure if the trees could be
relocated, so this is the best wording for retaining the mature landscaping.
Commissioner Kranzey, referring to page 4 of the staff report, asked about the
staff recommendation that the project involves the replacement of a commercial
structure with a new structure of substantially the same size, purpose and
capacity. The existing building is 1,221 square feet and the new one is 4,800
square feet.
Mr. Weber answered that the way the operation is now, there are several drive
aisles that are serving the some type of function. What is being proposed is to
enclose a couple of the drive aisles to the north of the existing detail building. This
would be an expansion of the detail business and enclosing an area with roll up
walls.
Commissioner Kranzley then asked about no conflict with the property next door
because it is a restaurant and the carwash closes by 6 p.m. There is no condition
for closing time, and I wonder if we can do that to ensure that there is no conflict.
•
Mr. Weber answered that the Commission has the ability to do that.
Ms. Clauson noted that if the car detail function is being enclosed, it might leave
an opportunity for getting a car washed after hours.
Commissioner Kiser asked about the height to the top of the structure.
Mr. Weber answered that the staff report indicates that the top of the roof would
not exceed 18 feet. At Commission inquiry, he added that not all of the trees are
shown on the landscape plan. They just show two additional trees on the Dove
street side with the majority of the landscaping that was there because that is
where the tandem parking was going to be placed closer to the roadway. On
both sides of the mechanical wash building there are large mature trees there on
site that are not shown on this landscape plan and are expected to remain.
Condition 8 regarding mature trees is intended to be all encompassing but was
mainly pertaining to where the tandem parking was going to be eating up some
of the landscape buffer towards Dove Street.
Chairperson Tucker stated that in looking at the site and the moving of the parking
towards Dove Street, it wasn't clear that the screen wall was going to have any
dirt up against it. It almost looks like it is going to sit on top of the berm area
instead of screen by the berm area. Has a requirement been placed that vines
be placed on this wall?
Mr. Weber answered that if you are concerned about screening the wall, that is
•
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January 3, 2002
definitely something that can be added.
Patrick Shea, President of Beacon Bay Enterprise stated that the trees were
planted in approximately 1972, they are now 30 years old. What is the definition of
a mature replacement tree? We are not going to be able to find exact
replacements for these mature trees that we will have to remove.
Mr. Weber, noted that a mature tree, as defined in the Code, is defined as any
tree with the trunk diameter of 10 inches or more measured 24 inches above the
existing grade.
Mr. Shea stated he would be happy to replace any tree that he is required to
remove with a 36 inch box tree. That is the way tree sellers define the size. There
are 32 mature trees on that property.
Chairperson Tucker asked where the wall is proposed to be situated?
Mr. Shea answered that the wall we are proposing, except for the middle, is a
retaining wall. There is quite a berm on that property with the sidewalk on Dove
Street up to the parking area. We will cut into the berm and build a retaining wall
for our second tandem parking. You are not going to see that wall as it will be at
• ground level. In order to make the interior parking place closer to Dove level with
the existing parking place, we are going to have to cut into the slope. The wall in
front will be a retaining wall rather than a free - standing wall except in the middle
where the berm comes down naturally. The area of the wall that is showing is
presently planted with Lugustrum vines. He agreed when asked by Commission to
a condition that the roof will not exceed 18 feet. He noted that there are
approximately 3 mature trees that will have to be removed out of 32 mature trees
on the lot.
Following a brief discussion Commission decided to add another condition
capping the amount of matured trees to be removed and replaced with a
certain size boxed trees.
Commissioner Gifford suggested that the dimensions for the approximately 3-4
trees to be removed would be a 36 inch box with a tree of a minimum height of 14
feet.
Mr. Shea noted that the car wash operation is not changing. What is being
added is an interior detail shop that will be closed on two sides with roll up doors
on each end.
Public comment was opened and closed.
Motion was made by Commissioner Kranzley to approve Use Permit No. 2001 -035
(PA2001 -200) subject to the findings, mitigation measures and conditions of
approval attached to Resolution with Condition 8 to define the dimensions of
the trees to be used as replacements for the 3-4 trees removed is a 36 inch box
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January 3, 2002
with a tree height of 14 feet. The roof is not to exceed 18 feet and that any wall
that is exposed over two feet high will be planted with vines.
Mr. Shea accepted these conditions.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
SUBJECT: MFR District Height Limits in Corona del Mar
• PA2001 -209
Initiation of an amendment to Title 20 of the Newport Beach Municipal Code to
revise the height limits for Multiple Family Residential (MFR) District properties in
Corona del Mar.
Chairperson Tucker noted that this item came up a couple of months ago. I am
interested in hearing what everyone has to say, as I am interested in adopting the
resolution and have staff prepare a report. The concern that I have is that by
doing this change, that we are not effectively benefiting private property interests
at the expense of other private property interests. I am only going to be
supportive of this if there are going to be good public policy reasons that can be
articulated for doing it. Just to help someone's view at the expense of somebody
else' property, then I will not be in favor of it. As far as the direction to staff part,
there were two choices that were offered, to bring it down to 24/28 like the R -1 or
have the back half of the building be 28/32 and the front half of the building be
24/28. 1 guess that I would not be in favor, unless someone comes up with a good
reason, for having the split height limits. If we are going to do anything, I would
prefer to see the 24/28 but only if there is a good public policy reason to do it.
Commissioner Selich asked when this issue came to Council, wasn't the primary
focus on Marguerite and the properties on Carnation and Bayside Drive?
Ms. Temple answered not on Marguerite, those have not been discussed, at least
at Council level but definitely on Camation and the rest of the MFR properties in
Corona del Mar that could be viewed for this type of consideration. There was no
direction from Council to include the Corona Highlands area or The Shores area.
Commissioner Gifford noted that based on earlier discussion about the visioning
process in the General Plan update and its potential affect on height limits, I am
not inclined to get into this at all.
Commissioner Kranzley agreed with Commission Gifford.
Commissioner Agajanian noted he is inclined to go to the split of 28/32 because
height needs to be retained on those MFR properties. However, I am inclined to
let this subject drift a bit and not address it at the moment and let the General
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Item 5
PA2001 -209
Initiated
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INDEX
Plan really take care of it. I think a lot of direction will be given to us as part of that
process and might help to clear it.
Commissioner McDaniel stated he would not like to address it at this time.
Commissioner Kiser asked about the current zoning for properties along Coast
Highway east of Seaward?
Ms Temple answered they are zoned MFR. The height limit is the 28/32 -foot height
limit all over the property. At Commission inquiry, she added that the General Plan
policy discussion will probably be characterized by a discussion on the whole issue
of mansionization and the size /bulk of buildings. From that discussion, and any
policy decisions related to it, could flow some implementation procedures that
might involve addressing height limits. The General Plan itself will not necessarily
focus on height limits in the MFR District. _
Commissioner Gifford noted she is not inclined to get involved with this at this time
and believes that staff has a lot on their plate and this is not something to add at
this time. Although the General Plan itself does not address specific height limits, it
is clear that as part of the implementation process a lot of changes could flow in
the Zoning Code. That is my reason for not doing this at this time.
• Commissioner Selich stated that this all came from the Corona del Mar Residents
Association. The primary focus of those meetings was to bring the height into
conformance with standard single family, which is the 24/28 on the
Carnation /Bayside properties. A secondary concern was on the Marguerite
properties. It is an issue that has been important with the Association; there were
public policy issues involved. Basically it was that even though it was MFR zoning a
lot of the property was being developed as single family and that the exterior
character of the buildings should at least be in conformance height wise with the
surrounding single family development even though they have a higher density in
terms of the number of units allowed on the property. This thing got held up over
the years and did not get implemented after Council gave direction on it in 1998.
If we don't take action to move it ahead on at least on the Carnation /Bayside
area, probably what will happen it will come up at another Residents Association
meeting in January, go back to the Council through Dennis O'Neil and come
back to us again. I would be in support of at least moving ahead the
Carnation /Bayside portion of it for the 24 /28- height limit.
Ms. Temple noted that this is not approval of any change, this would be an
initiation step where the Commission would adopt a resolution directing staff with
some guidance to bring back a fully noticed public hearing and amendment to
the Zoning Code. At the public hearing, you would make your decision and
possibly move this item on to the City Council with your recommendations.
Chairperson Tucker stated that in 1998 a group of people were going to have an
• opportunity for their voices to be heard on this issue and nothing happened. Now
back before us, the some people are asking for an opportunity to be heard and
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Planning Commission Minutes
January 3, 2002
after talking to some Councilmembers and getting some background, I get the
impression that these people ought to be given the opportunity. It is a lot different
than my agreeing with what they will say is something that I will agree with absent
a public policy. I am not looking for things for staff to do, but I think that based
upon action by the Council in 1998 that we probably ought to at least proceed,
have a hearing on it, and come to a conclusion.
Commissioner Agajanian asked if this were initiated tonight, how long would we
have before the hearings?
Ms. Temple answered that this would come up probably at one of the March
meetings.
Chairperson Tucker asked if there was a way to have a discussion to see if there
was an interest in an overlay district. I would rather see a staff report with options
Without having all the decisions, almost like a workshop to see if there is any
support for staff to do the work to bring it back.
Ms. Temple answered we could have a Study Session and we can notice it. If you
told us that you wanted to come to some conclusions before we prepare the real
hard documents to actually adopt, that would be fine. The staff work is what
takes the time.
Commissioner Selich said he wants to get this issue on the table and then get rid of
it. Staff's time is going to be used no matter how we proceed.
Commissioner Gifford noted that she would withdraw her statement.
Motion was made by Selich to adopt the resolution of intent and to direct staff
to prepare a Code Amendment for all the areas designated in the Exhibit 1 for
the 24/28 height limit.
Ayes: McDaniel, Kiser, Tucker, Gifford, Kranzley, Selich
Noes: Agajanian
ADDITIONAL BUSINESS:
a) City Council Follow -up - Ms. Wood stated that at the City Council meeting
of December l lm, the General Plan Amendment was initiated related to
the John Wayne Airport Settlement Agreement; the hearing on the appeal
from Gary Martin regarding Carmelo's Restaurant, the decision of the
Planning Commission was upheld to not call up for review.
b) Oral report from Planning Commission's representative to the Economic
Development Committee - No meeting.
C) Report from Planning Commission's representatives to the General Plan
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Planning Commission Minutes
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Update Committee - No meeting, however, Ms. Wood noted that the
Visioning Festival is Saturday the 12th, from 10 to 3.
d) Matters that a Planning Commissioner would like staff to report on at a
subsequent meeting - None.
e) Matters that a Planning Commissioner may wish to place on a future
agenda for action and staff report - None.
f) Status report on Planning Commission requests -. Ms. Temple distributed
copies of the report noting that a Notice of Violation has been issued to
the property owner at Malarkey's and currently working with the owner on
the status of the signs relative to the Balboa Peninsula Sign Overlay
provisions and the length of the time the signs have been there even
though installed without permits; the status of the Crabby Kenny's mural will
be brought as a discussion and determination to Commission in February,
2002; the extra sign at El Ranchito has been removed.
g) Project status - None.
h) Requests for excused absences - None.
ADJOURNMENT: 11:00 P.M.
EARL MCDANIEL, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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Adjournment