Loading...
HomeMy WebLinkAbout01/07/1993COMMISSIONERS 0 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: , am MINUTES ROLL CALL MEX Present * * * * * * All Commissioners were present. EX-OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary iMinutes of December lft 199 2 Minutes - of 12/10 Motion * Motion was made and voted on to approve the December 10, Ayes 1992, Planning Commission Minutes. MOTION CARRIED. Abstain • a s Public mm n : Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Postiniz of the A enda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Wednesday, December 30, 1992, in front of City Hall. r A i0o� r rd � CITY OF NEWPORT BEACH MINUTES i January 7, 1903 ROLL CALL INDEX Reguest for Continuance: Request for Director Hewicker stated that staff recommends that Item No. 7, Continua Amendment No. 775 regarding 400 Clubhouse Avenue, be removed from calendar so as to allow the architect additional time to complete the survey of the property as requested by the Public Works Department. Motion Motion was made and voted on to remove Item No. 7 from the All Ayes calendar. MOTION CARRIED. Resubdivision No. 991 (Public Hearing) Item No. Request to resubdivide an existing lot into a single parcel of land R991 for two unit residential condominium development, on property located in the R -2 District. Approved LOCATION: Lot 13, Block 332, Corona del Mar, located at 413 Fernleaf Avenue, on the northwesterly side of Fernleaf Avenue, between First Avenue and Bayside Drive, in Corona del Mar. ZONE: R -2 APPLICANT: Tuttle Development, Costa Mesa OWNER: Iry Utt, Costa Mesa ENGINEER: Valley Consultants, Inc., Santa Ana The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission on behalf of the applicant, the public hearing was closed at this time. -2- i L 4 COMMISSIONERS h o CITY OF NEWPORT BEACH MINUTES 'Row JanuM 7, 1993 ROLL CALL INDEX Koion * Motion was made and voted on to approve Resubdivision No. 991 ku ayes subject to the findings and conditions in Exhibit "A ". M011ON CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the' map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7- 9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. -3- 4 'WOO kd'S \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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 the parcel map prior to completion of the public improvements. 4. That each dwelling unit 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. 5. That the cracked and displaced sections of sidewalk be reconstructed and the existing drive apron removed and replaced with curb, gutter and sidewalk along the Fernleaf Avenue frontage; and that the alley be resurfaced along the property frontage as required by the Public Works Department. That all work be completed under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 7. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 8. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by -4- 4 COPAMSSIONERS CITY OF NEWPORT BEACH MINUTES January 7,1901 ROLL CALL INDEX the City Engineer that such undergrounding is unreasonable or impractical. 9. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 10. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 992 (Public Hearing) Item No. 8992 Approved Request to resubdivide an existing lot into a single parcel of land for two unit residential condominium development, on property located in the R -2 District. LOCATION: Lot 8, Block A, Seashore Colony, located at 6101 Seashore Drive, on the southwesterly corner of Seashore Drive and 61st Street, in West Newport. ZONE: R -2 APPLICANTS: Vartan and Sonia Fundukian; and Boris and Olga Kirakossian, Montebello OWNERS: Same as applicants ENGINEER: Alpine Consultants, Inc., Laguna Hills Don Webb, City Engineer, requested that Condition No. 5 in Exhibit "A ", stating That a five (5) foot radius corner cutoff at the corner of 61st Street and Seashore Drive be dedicated to the public be amended to add unless otherwise approved by the Public Works Department inasmuch as there is an existing 10 foot wide sidewalk at the comer of Seashore Drive and a dedication may not be required. -5- I L COMMISSIONERS V, ke, 0 *\\\o CITY OF NEWPORT BEACH MINUTES Jamiga 7 1993 ROLL CALL IIVDEX In response to a question posed by Commissioner Glover regarding the park dedication requirement, Mr. Webb concurred that because two units currently exist on the property that a park dedication fee would not be required. The public hearing was opened in connection with this item, and Mr. Todd Schooler, architect, 500 North Newport Boulevard, appeared before the Planning Commission. Mr. Schooler suggested that the aforementioned Condition No. 5 be deleted; however, Mr. Webb recommended that staff review the plans for further consideration. Mr. Schooler stated that there is a concern regarding the construction of a handicapped ramp inasmuch as there is a tight radius at the curb and there is a possibility that a 10 foot radius on the curb may be required in the future. Mr. Schooler addressed his concerns regarding Condition No. 13, Exhibit "A" that states Beginning 35 feet back from 61st Street along the alley, that nothing higher than six inches be constructed in the setback area Mr. Webb responded that staff has not seen the architectural plans for the proposed condominium project and it is feasible that the design of the structure could potentially affect the ability of the residents across the alley from utilizing their garages. Mr. Schooler stated that the Zoning Code permits fences in the area adjacent to the alley. He compared a two unit duplex project that is not processed through the Commission to a condominium project, and he stated that the requirement to restrict the height of construction to 6 inches in this area would not apply to a duplex project. Mr. Schooler stated that a separate permit is required for fences after a building permit has been obtained for the dwelling units, and he commented that when a property owner obtains a fence permit, there is no condition of approval that restricts the height other than the regulations of the Zoning Code. In response to questions posed by Commissioner DiSano, William Laycock, Current Planning Manager, explained why the City Council overruled a previous Commission action so as to allow a similar project on Little Balboa Island. Mr. Schooler commented -6- L COMMISSIONERS 64IS111 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX that the property owner may decide not to construct a fence; however, he requests the ability to build a fence for privacy. Mr. Schooler stated that many Public Works requirements are required because of mapping procedures and the conditions have nothing to do with the construction of a project. He requested that the City have building requirements that are consistent whereby he compared condominium and duplex project requirements. Commissioner Merrill expressed his concern that if a wall would be constructed that a neighbor across the alley could back up into the wall. Mr. Laycock explained that there is an existing 3 foot high wall on the subject property adjacent to the alley. Mr. Webb explained that an area between 15 -20 feet is a concern for the maneuverability of automobiles across the alley, and the condition would restrict the property owner from building planters, etc. in the three foot side yard setback area. Mr. Hewicker explained that there is a problem when there is a side yard situation on an alley when there are garages on the opposing side of the alley. In response to a question posed by Commissioner Pomeroy, Mr. Schooler explained that properties exist in the City with side yards that are parallel to alleys, and he suggested that a provision be made that would address his concern regarding side yards. In response to a question posed by Chairman Edwards, Mr. Scbooler concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 13. Commissioner Merrill addressed Mr. Schooler's concerns regarding condominium requirements as opposed to duplex requirements. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker concurred that a duplex could be constructed on a property that would be exactly the same as a condominium project with the exception of selling individual units. A duplex could be -7- L COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX designed according to the Zoning Ordinance, submitted to the City for plan cbeck, and plan check would allow a wall to be constructed along a side property line adjacent to an alley. ' Commissioner Pomeroy suggested an amendment to the .Zoning Ordinance to address the inconsistency. There being no others desiring to appear and be heard, the public hearing was closed at this time. notion Motion was made and voted on to approve Resubdivision No. 992 311 Ayes subject to the findings and conditions in Exhibit "A ", and amend Condition No. 5 as previously suggested by Mr. Webb. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. That the parcel map be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County ' Subdivision Manual, Subarticle 18. That . prior to -8- L 4 COMAUSSIONERS CITY OF NEWPORT BEACH MINUTES .1anuary 7, 1991 ROLL CALL INDEX recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9-330 and 7- 9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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 prior to the completion of the public improvements. 4. That 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. 5. That a five (5) foot radius comer cutoff at the comer of 61st Street and Seashore Drive be dedicated to the public, unless otherwise approved by the Public Works Department. 6. That the non - standard, displaced and deteriorated sidewalk be reconstructed to City standards along the Seashore Drive frontage; that sidewalk be constructed along the 61st Street frontage; and that a curb access ramp be constructed at the comer of 61st Street and Seashore Drive; that concrete paving be installed on 1/2 the width of the alley with necessary A.C. overlay to adjust grade on remaining half of alley. That all work be completed under an -9- 4 ttN\\� CITY OF NEWPORT BEACH MINUTES January 7, ROLL CALL . INDEX encroachment permit issued by the Public Works Department. 7. That 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. 8. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. That the elevation of the garage floor relative to the adjacent alley be subject to review and approval of the Public Works Department. 9. That County Sanitation District fees be paid prior to issuance of any building permits. 10. That the Public Works Department plan check and inspection fee be paid. 11. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 12. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 1.3. Beginning 35 feet back from 61st Street along the alley, that nothing higher than six inches be constructed in the setback area. 14. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -10- COA MISSIONERS \0\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3468 (Public Hearing) Item No. Request to establish an automobile sales and rental facility which UP3468 also includes the retail sales of automobile accessories, on property located in the Retail and Service Commercial (RSC) District. Approved LOCATION: Lots 14 -17, Tract No. 1210, located at 600 West Coast Highway, on the northerly side of West Coast Highway, between Dover Drive and Rocky Point, across from the Bayshores residential neighborhood. ZONE: RSC APPLICANT: Henry Koenigsberg, Newport Beach . OWNERS: Leonard Horwin and Claire Gordon, Newport Beach The public hearing was opened in connection with this item, and Mr. Allen Koenigsberg appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and, conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Glover addressed Condition No. 5 in Exhibit "A", and she asked if it would be possible to delay the requirement for six months that The planter areas adjacent to the curb shall be appropriately landscaped or be filled in with concrete so as to provide a wider sidewalk The request would allow additional time to see if the tree well, would fit in with the landscaping that the Mariner's Mile Association is wanting to accomplish in the area. Don Webb, City Engineer, stated that some type of landscaping could be installed in the interim that would enhance the area and would also preserve the tree wells. Commissioner Glover requested that or be felled in with concrete so as to provide a wider -11- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January Z 1901 ROLL CALL INDEX sidewalk be deleted from the requirement so as to keep the option open for additional landscaping. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3468 subject to the All Ayes findings and conditions in Exhibit "A", and modify Condition No. 5 as suggested by Commissioner Glover. Findines: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That adequate parking will exist on -site to serve the automobile sales and rental facility. 5. That the establishment of the subject business will not have any significant environmental impact. 6. That the approval of Use Permit No. 3468 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -12- L L COMMISSIONERS VON ��4 a � %ko CITY OF NEWPORT BEACH MINUTES January 7,1991 ROLL CALL I I I J I INDEX Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plan and elevation, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the applicant shall dedicate, prior to the establishment of the automobile rental and sales facility, his leasehold interest in a 12 foot wide parcel adjacent to West Coast Highway for street and highway purposes. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the City Traffic Engineer. 5. That a landscape plan shall be submitted to and approved by the Parks, Beaches and Recreation, Public Works and Planning Departments. Said landscaping shall consist of minimum 15 gallon sized trees (i.e., palm trees or similar types), shrubs, and /or ground cover in the existing 2 foot wide planters along the existing wrought iron fences fronting on West Coast Highway and in front of the building. The planter areas adjacent to the curb shall be appropriately landscaped. All planters adjacent to the driveway shall be planted with vegetation that will provide sight distance in accordance with City Standard 110 -L 6. That all of the employees shall park on -site at all times. 7. That the 6 on -site parking spaces shall not be used for automobile display at any time. Furthermore, four of said parking spaces shall be posted for customer use only. 8. That the one handicapped parking space shall be designated solely for handicapped self parking and shall be ' identified in a manner acceptable to the City Traffic -13- 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Engineer. Said parking space shall be accessible to the handicapped at all times. One handicapped sign on a post and one handicapped sign on the pavement shall be required for said handicapped parking space. 9. That no vehicles shall be displayed with open hoods, doors, trunks, or tailgates. 10. That no washing of automobiles shall be permitted on the site unless a roofed washing area and curbing along the perimeter of a raised surface is designed in such a way as to prevent' drainage from the parking lot from entering the sewer system. Any such automobile washing facility shall drain into the sanitary sewer system, and shall be approved by the Utilities and Planning Departments. This condition does not preclude the use of misting devices used in the open, as long as they are used properly (i.e. a minimal amount of water hitting the pavement). 11. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 12. That no banners, pennants, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 13. That light spillage from the existing on -site light fixtures shall be shielded or directed so as to confine illumination to the subject property. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. daily. 14. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as from West Coast Highway. 15. That the hours of operation shall be limited between the hours of 7:00 a.m. and 9:00 p.m. daily. -14- L COMMISSIONERS i M ��ra��b�.s� \\ CITY OF NEWPORT BEACH MINUTES s ROLL CALL INDEX 16. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 17. That the approval of this application is for automobile sales only. No servicing or major repairs of automobiles shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 18. That the subject lots be held in common during the life of the applicant's lease and that severance of the lots shall constitute severance of this use permit. 19. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 20. This use permit shall expire unless exercised within 24 months from the date of approval as speed in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3469 (Public Hearing) stem No. Request to permit the continued operation of an existing UP3469 independent massage establishment on property located in the Approved Newport Place Planned Community District. The proposal also includes a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. LOCATION: Lot 1, Tract No. 7394, located at 4020 Birch Street, on the southeasterly side of Birch Street, between Dove Street and Quail . -15- COMMISSIONERS 4 MINUTES CITY OF NEWPORT BEACH ' Jamiga 7 1993 ROLL CALL INDEX Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Judy A. Mazon, Newport Beach OWNER: SBD Properties, Newport Beach The public hearing was opened in connection with this item, and Mr. George Grove, attorney for the applicant, 7095 Hollywood Boulevard, Suite 773, Hollywood, appeared before the Planning Commission. Mr. Grove concurred with the findings and conditions in Exhibit "X; however, he said that the acceptance does not constitute a waiver of the applicant's rights to challenge constitutionally, the affect of the Ordinance as related to the use permit or how the Ordinance may affect the conditions. In response to a question posed by Commissioner Merrill, Mr. Grove replied that the preliminary examination of the Ordinance has constitutional violations, and he is not certain how the violations may affect the rights of the applicant in the operation of the business. Commissioner Gifford stated that if in the future, the applicant would be in violation of the conditions that there would be the possibility of revolting the use permit. Mr. Grove stated that he understood Commissioner Gifford's comments. Chairman Edwards addressed the 1991 minor violation of Chapter 5.50 of the Newport Beach Municipal Code for the wearing of improper clothing as stated in the staff report. Robin Flory, Assistant City Attorney, stated that the citation was reported from the Police Department, and similar minor violations have not previously been concerns to the Planning Commission or to the City Attorney's Office. She said that she was not aware of what information the Police Department provided to the Planning Department. In response to Commissioner Gifford, Ms. Flory stated that minor violations have been noted from other massage -16- L L COMMSSIONERS CITY OF NEWPORT BEACH lnn, MINUTES imiu H -y /, 1770 ROLL CALL WDEX establishments and the City Attorney's Office has not recommended said violations to be a basis for denial of a use permit. i In response to a question posed by Commissioner Pomeroy with respect to how Chapter 5.50 of the Newport Beach Municipal Code defines "improper clothing" and how there can be a minor 'violation, Ms. Flory stated that there is no information from the Police Department on the Code Section that is a violation of improper clothing. There are provisions in the Code that describe the dress, i.e.: that the person should be fully covered in opaque clothing within three inches above the knee and fully covered without low -cut clothing. The Police Department has indicated that they were cited, and she was not aware of supporting information as to what Section that was cited or what the outcome of the citation was. It may be appropriate, if the Commission wants, based upon the information, to take consideration of that information out of the staff report. Commissioner Pomeroy stated that what has been described to him is that a good percentage of the waitresses working in Newport Beach are improperly clothed. Ms. Flory said that could be true but massage establishments are, by case law, considered a highly regulated business and because of the nature of the type of business, it is within enclosed buildings, that there is established law that supports these types of regulations as opposed to a restaurant, etc. The regulation is a supportive regulation. Commissioner Pomeroy said that he did not know whether to agree with the concept, but his question was answered. In response to a comment posed by Commissioner Glover, Mr. Grove stated that he had a concern that the statement in the staff report is inaccurate because there was no citation. Mr. Grove explained that in October, 1991, one of the officers came to the establishment as a part of a routine inspection and it was his opinion that the blouse that the applicant was wearing was inappropriate because the way that it was cut around the neck was too low. No citation was issued, and shortly after the inspection, there was a change in the Ordinance and, as a matter of fact, approved the very clothing he found objectionable. He said that -17- 4 4 Mow x0val CITY OF NEWPORT BEACH MINUTES Jauuary 1, 17y0 ROLL CALL INDEX staffs statement is not supportive evidence. Mr. Hewicker stated that the staff report forwarded information to the Commission that was provided to the Planning Department by the Police Department. Ms. Flory stated that the time period that is referred to was prior to the Amendment to the Ordinance. In reference to the aforementioned Section of the Municipal Code, Ms. Flory read the following statement: It requires that tenants be fully clothed at all times of fully opaque, non - transparent material, provide complete covering from mid -thigh to three inches below the collar bone. The Police Department's citation was dated March 19, 1991, and there was an amendment to the Code that was adopted on March 23, 1992. In response to a question posed by Commissioner Gifford, Mr. Grove replied that the applicant informed him that there was no citation issued, no appearance in Court, no payment or any fines, and no charges were filed. Commissioner Pomeroy stated that it was his recollection that when the Ordinance was to be reviewed by the Planning Commission the Police Department prepared a report that indicated that of the 43 massage parlors in the City of Newport Beach that some 22 establishments were suspected as being fronts for prostitution, and when it was questioned, they came back and provided a revised report. If in fact there was a citation issued, this is appropriate, and if there was not a citation issued, this kind of information should not be sent to the Planning staff by the Police Department, it is absolutely not right, and it puts a client in a bad light. He would like to see a copy of the citation at the next meeting and see if one exists, and get the matter straightened out. In response to a question posed by Chairman Edwards, Ms. Flory replied that there is nothing to demonstrate that there is a citation at this time. Chairman Edwards concurred that he would like to see if a citation exists; however, the issue should not deter the voting. Commissioner Pomeroy stated that he fords no fault with what the staff has done; however, he is more concerned about the accuracy of the information that is given to them because he ' knows, in fact, that when the Commission first reviewed the -18- 4 i COADUssiONERS .v CITY OF NEWPORT BEACH mil w obi'id January 7, 1993 ROLL CALL INDEX proposed Ordinance under questioning, that by the time it came back to the second meeting that information had been changed. Commissioner Merrill suggested that in the future, if there are any reports from the Police Department, minor violations, citations, etc. that the issues should be clarified. Mr. Grove emphasized his previous comments that there is no citation and if there would be a citation, there are not sufficient grounds to deny the application. He suggested that if a mistake is made it should be corrected, it should not happen in the future, and it should not have happened. There being no others desiring to appear and be heard, the public hearing was closed at this time. on Motion was made to approve Use Permit No. 3469 subject to the findings and conditions in Exhibit "A". Commissioner Glover said that if there has not been a citation that the staff report needs to be corrected. Ms. Flory suggested that a report could be provided to the Commission at the meeting of January 21, 1993, and amendments could be made to the Planning Commission minutes. Commissioner Glover apologized to the applicant if the statement was incorrect and she requested that the statement be deleted from the public record. kii Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the waiver of the location requirement of 500 feet between other independent massage establishments is justified in that the subject business is an existing facility. -19- L 4 COAUMSSIONERS �PIN\ *\\\\O , CITY OF NEWPORT BEACH MINUTES January r, ILY" ROLL CALL INDEX ' 3. That the project is consistent with the General Plan and is compatible with surrounding land uses. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or . injurious to nearby properties, and that the spirit and intent of the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7. That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3469 will not, under the circumstances of this case, be detrimental to the health, safety, .peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment . shall be in substantial conformance with the approved plot plan and floor plan. -20- 1 L COM1ViISSIONERS mo slow � CITY OF NEWPORT BEACH MINUTES January /, 1993 ROLL CALL INDEX 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That the requirement for a minimum 500 foot distance from other independent massage establishments is waived. 5. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 6. That should prerecorded music be played within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 7. That the applicant shall request a special inspection from the Building Department for a change in occupancy from offices to a massage establishment use. 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code. -21- L CITY OF NEWPORT BEACH gwin January 1, 1993 ROLL CALL INDEX Use Permit No. 3470 (Public Hearing) item No. Request to permit the continued operation of an existing U113470 independent massage establishment on property located in the Newport Place Planned Community District. approved LOCATION: Lot 2, Tract No. 7694, located at 3601 Jamboree Road, on the northwesterly corner of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. APPLICANT: Charles Marshall, Newport Beach OWNER: Dabby Properties Co., Long Beach The public hearing was opened in connection with this item, and Mr. Reuben Martinez, 802 North Orange Street, Orange, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A ". Mr. Gregory Sullivan, attorney representing Don and Candy Trueblood, owners of a former business, Mail Boxes, Etc. at 3601 Jamboree Boulevard, appeared before the Planning Commission. He identified Mr. Trueblood as a Defendant and Cross- Complainant in a civil lawsuit involving Jamboree Accupressure and the property owners. Mr. Sullivan stated that the lawsuit consists of a breach of contract for violations of terms of the lease regarding immoral conduct and illegal conduct, and public and private nuisance. He said that Judge Weeks of the Orange County Superior Court has found under the facts presented so far, that Jamboree Accupressure is a public and private nuisance and has breached the contract it has with the property owners and under third party beneficiaries with the Truebloods. Mr. Sullivan recommended denial of the use permit based on the foregoing evidence and Finding No. 3, Exhibit "B ", The approval of Use Permit No. 3470 will, under the circumstances of this cas4 be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be . -22- 4 4 CITY OF NEWPORT BEACH T MINUTES Janumy s Y77a ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Commissioner Gifford asked if Mr. Sullivan could provide a document as part of the public record that reflects the findings, and Mr. Sullivan indicated that he could not provide the requested document at the public hearing. In response to questions posed by Commissioner. Gifford, Mr. Sullivan described the lawsuit's actions that have occurred up to the present time. In response to a question posed by Commissioner Pomeroy, Mr. Sullivan agreed with the staff report's statement that the Police Department has indicated that the applicant has not been cited for any violations. Mr. Sullivan stated that a private investigator would testify at the trial what actually occurs at the establishment. Chairman Edwards and Mr. Sullivan discussed the lawsuit, and if the Judge has made a specific finding of a public and /or private nuisance. In response to a question posed by Commissioner Gifford, Mr. Sullivan replied that a trial date has not been set. Commissioner Glover, Commissioner DiSano, and Ms. Flory addressed decisions that could be made by the Planning Commission based on Mr. Sullivan's testimony. Mr. Martinez reappeared before the Planning Commission to address Mr. Sullivan's testimony. Mr. Don Trueblood, Irvine, appeared before the Planning Commission as a former tenant in the shopping center in Newport Place where the subject massage establishment is located: He stated that he is not a first hand witness of illegal activities; however, his business was affected by the subject establishment inasmuch as his business was two doors away from the subject facility and in affect, shut his business down. He addressed Finding No. 1, Exhibit V', Findings for Denial, wherein he -23- 4 CITY OF NEWPORT BEACH YLi)SL1[Ito January 1, LYYO ROLL CALL INDEX commented that the subject operation will enlarge or encourage an urban blight area. In response to questions posed by Commissioner Pomeroy, Mr. Trueblood replied that he opened his business several months prior to the subject massage establishment, and the private investigator entered the subject facility while he was in business. Commissioner Pomeroy commented that the subject facility does not have an exterior sign indicating the type of business that has concerned Mr. Trueblood. In response to questions posed by Chairman Edwards, Mr. Trueblood replied that he has not personally observed anything at the subject facility. In response to a question posed by Commissioner Pomeroy, Mr. Trueblood replied that he had not reported any incidents ' concerning the subject business to the Police Department. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3470 subject to the findings and conditions in Exhibit "A ". Commissioner DiSano supported the motion. He explained that the use permit provides a vehicle to the Commission to bring back the uses that are in violation, and if there should be a cause in the future, the use permit could be revoked. Commissioner Pomeroy expressed a concern that Mr. Trueblood did not take actions through the established procedures available through the City, either making a complaint to the Planning Department or to the Police Department. Chairman Edwards stated that he understands Mr. Sullivan's and Mr. Trueblood's concerns; however, on the basis of the record he supported the use permit. If Mr. Trueblood would ultimately turn out to be correct and the subject facility is a public or private -24- 0 \Mlt 011 0 CITY OF NEWPORT BEACH MINUTES January f, iyy� ROLL CALL INDEX nuisance then not only would the Judge issue an injunction under such circumstances, but it is certain that under the terms of Condition No. 6 that the use permit would come back to the Commission for revocation. k11 ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the existing massage establishment, as approved, is mi conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code. 2. That the project is consistent with the General Plan and is compatible with surrounding land uses. 3. Adequate off- street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. That the Police Department has indicated that there are not any police problems associated with the subject operation. 5. That the continued operation of the existing massage establishment will not be contrary to the public interest or injurious to nearby properties, and that the location requirements for massage establishments will be observed. 6. That the continued operation of the existing massage establishment will not enlarge or encourage the development of an urban blight area. 7 That the continued operation of the existing massage establishment will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. -25- L 4 CITY OF NEWPORT BEACH MINUTES January 1, 1993 ROLL CALL INDEX 8. That the location of the existing massage establishment will not adversely affect the use of a place used exclusively for religious worship, school, park or playground. 9. The approval of Use Permit No. 3470 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and worldng in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the existing massage establishment shall be in substantial conformance with the approved plot plan and floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. daily as provided in Chapter 5.50 of the Municipal Code. 3. That all applicable requirements of Chapter 5.50 shall be fulfilled. 4. That all signs shall conform to the applicable provisions of the Newport Place Planned Community District Regulations. 5. That should prerecorded music be played. within the massage facility, such music shall be confined to the interior of the building and all doors and windows shall be kept closed while such music is played. 6. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the -26- COPAMSSIONERS rmo 4 4 I ky, I ILI In i CITY OF NEWPORT BEACH 5 a rzuruary 1, iyya ROLL CALL INDEX community, or that the massage operator or any massage technician is found to be in violation of any condition of said use permit or any other provision of Chapters 550 or 20.68 of the Municipal Code. Modification No. 4065 (Public Hearin) Item No. Request to permit the as -built construction of a deck railing (4 Mod 4065 feet 10 inches above the natural grade) which encroaches 15 feet into the 15 foot front yard setback, where the Zoning Code limits Cont' d t, 2/18/93 such construction to 3 feet above natural grade. LOCATION: Lot 10, Block 532, Corona del Mar, located . at 508 Dahlia Avenue, on the southeasterly side of Dahlia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: David and Carol Rudat, Anaheim OWNERS: Same as applicants James Hewicker, Planning Director, addressed the application and he referred to Discussion Item No. 1 regarding height limit for fences, walls, hedges, and screen planting within required front yard setbacks in residential districts that the Commission will . consider setting for a future public hearing. Commissioner Merrill stated that a drawing of the subject property indicates that the area consists of a 5 foot wide parkway and a 5 foot wide sidewalk. He asked where is the property line in relation to the sidewalk inasmuch as it appears that the retaining wall is right at the sidewalk and he asked if it is in the public right -of -way. Don Webb, City Engineer, stated that it appears that it is in the public rigbt -of -way. William Laycock, Current Planning Manager, -27- 5 a 4 M1. v,C ), . CITY OF NEWPORT BEACH MINUTES ranuary i, IYYO MOLL CALL INDEX stated that on Dahlia Avenue the front property line is located one foot back from the sidewalk. In response to Commissioner Merrill, Mr. Webb replied that there are 11 foot parkways in the City. Mr. Webb referred to the photographs attached to the staff report whereby he indicated that the deck is set back from the edge of the retaining wall so the deck portion does not encroach; however, retaining walls are allowed to encroach one foot or less if less than three feet high within the public right -of -way subject to the approval of an Encroachment Permit. In reference to Mr. Hewicker's comments regarding Discussion Item No. 1, Commissioner Pomeroy suggested that the subject application be continued until after the public bearings regarding Amendment No. 777. The public bearing was opened in connection with this item, and Mr. David Rudat, applicant, appeared before the Planning Commission. Mr. Rudat stated that the 50 year old dwelling was purchased by himself five years ago. Wrought iron railing on the deck existed at the time the property was purchased, and he maintained that when the building was constructed at the rear of the property, the Building Inspectors did not comment on the wrought iron railing. He said that the wrought iron railing and the retaining wall that have been on the site for many years are legal nonconforming structures, and that two years ago he put a brick cap and stucco on the retaining wall. He replaced the rusty wrought iron railing with a wood railing that would architecturally blend with the bungalow, and the railing would be safer. A Building Inspector issued a Stop Work Order for doing work without the required Building Permit, and when he requested a Building Permit he was informed that he would be required to apply for a modification to the Zoning Code. Mr. Rudat described the building corrections that. need to be made to the railing to meet the building requirements. Robin Flory, Assistant City Attorney, corrected Mr. Rudat's comment regarding legal nonconforming wherein she explained that legal nonconforming means that a structure was legal when it was built and subsequently the rules change. -28- COADOSSIONERS r% . ( 04 MINUTES CITY OF NEWPORT BEACH January 1, uf" ROLL CALL INDEX In response to questions posed by Commissioner Merrill, Mr. Rudat described the construction of the wrought iron railing. Commissioner Merrill explained why he considered the construction of the new fence to be too dense. In response to a question posed by Commissioner Pomeroy, Mr. Hewicker stated that a Residential Building Record is required at the close of escrow of the sale of a home. Mr. Hewicker explained the purpose of the RBR to Mr. Rudat and be asked if the previous owner of the property presented a copy of the RBR wherein Mr. Rudat was uncertain if he bad received a copy of the document. Mr. Hewicker stated that there is no record that a RBR was issued to the City for the subject property by the previous property owner. Commissioner Pomeroy and Commissioner DiSano discussed their opinions with respect for the requirement for a Building Permit to reconstruct the fence. Motion * Motion was made to continue Modification No. 4065 to the N11 ayes February 18, 1993, Planning Commission meeting. He suggested that the continuance be in conjunction with Discussion Item.No. 1, Amendment No. 777. Motion voted on, MOTION CARRIED. Amendment No. 775 (Continued Public Hearing) Removed: from Request to amend a portion of Districting Map No. 3 so as to Calendar establish a 63 foot front yard setback on 3 lots from the existing 10 foot wide Clubhouse Avenue easement adjacent to the amendment No. 775 bulkhead on the Rivo Alto Channel where the Districting Map currently designates a 3 foot front yard setback from the original front property lines, prior to the abandonment of a portion of the street right -of -way. LOCATION: Lot 1, Block 432, Canal Section and an abandoned portion of Clubhouse Avenue, located at 400, 400�/s, and 402 Clubhouse -29- 4 MINUTES CITY OF NEWPORT BEACH 13. ranuaiy r, iyy� ROLL CALL INDEX Avenue, on the northeasterly side of Clubhouse Avenue, between the Rivo Alto Channel and Finley Avenue, in West Newport. ZONE: R -2 APPLICANT: The City of Newport Beach James Hewicker, Planning Director, recommended that this item be removed from calendar so as to allow the architect additional time to complete the survey of the property located at 400 Clubhouse Avenue. notion Motion was made and voted on to remove Item No. 7, nll ayes Amendment No. 775, from calendar. MOTION CARRIED. Discussion Items: Amendment No. 777 D -1 Request to initiate an amendment to Title 20 of the Newport A777 Beach Municipal Code so as to: increase the permitted 3 foot set for height limit for fences, walls, hedges, and screen planting within ph 2/4/5 required front yard setbacks in residential districts; add language to Section 20.02.070 of the Municipal Code so as to require a sight distance triangle at the intersection of streets and driveways; and delete the requirement for a use permit for fences in specific locations, since such fencing is currently reviewed by the Modifications Committee. Robin Flory, Assistant City Attorney, referred to the staff report, page 2, and she clarified why the statement The City Attorney's Office determined that the case was not worth pursuing.. was not the intent of the City Attorney's Office. -30- 13. 4 L MINUTES VP �* CITY OF NEWPORT BEACH JHLLLLaly 1, 1YYJ ROLL CALL INDEX In response to a question posed by Commissioner Merrill regarding page 5 of the staff report, Section 20.02.070, William Laycock, Current Planning Manager, corrected the sentence to react ...street rights of way and a driveway. In cases where there is a difference... In response to a question posed by Chairman Edwards regarding Section 20.02.071, Mr. Laycock explained that staff is suggesting that pilasters and lights could exceed the 4 foot height by 18 inches, and if there is a gate it could also be higher than 4 feet. Commissioner Glover expressed her approval of the recommendations. Commissioner Pomeroy stated that in many cases a three foot high fence in the front yard on Balboa Island is not adequate to enclose a pet whereas a four foot high fence would he much more advantageous. He explained that on many of the lots on Balboa Island, the front yard is the only available area for a pet. Commissioner Merrill stated that more consistency for setback requirements for fences and walls enhances the neighborhood, and he referred to the flower streets in Corona del Mar and the Port Streets in Harbor View Homes, Commissioner Pomeroy concurred that there are a number of areas in Corona del Mar where the front yard adjacent to the street is actually considered rear yard for the purpose of setback and allows six foot high walls at the setback line. He concurred with Commissioner Merrill's comments. Commissioner Gifford suggested that some portion of fencing after a certain height be open as opposed to solid fencing. Motion Motion was made and voted on to set Amendment No. 777 for All Ayes public hearing at the Planning Commission meeting of February 4, 1993. MOTION CARRIED. -31- 4 COMMISSIONERS MMN O CITY OF NEWPORT BEACH MINUTES ��FATA .l 3 ROLL CALL INDEX Amendment No. 778 n -2 Request to initiate an amendment to Title 20 of the Newport A778 Beach Municipal Code so as to clarify language in Chapter 20.33 set for and Table 2033, differentiating between massage establishments. Pb 2/4/= as an independent use and massage establishments as an accessory use, consistent with Chapter 20.68; and an amendment to Chapter 20.68 to permit massage establishments as an independent use in the APF District, subject to the securing of a use permit. This amendment also includes housekeeping changes to correct section references in Chapter 20.33 and to establish more specific location requirements for independent massage establishments. Motion Motion was made and voted on to set Amendment No. 778 for All Ayes public hearing at the Planning Commission meeting of February 4, 1993. MOTION CARRIED. ADJOURNMENT: 9:25 p.m. Adjourn sss HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION r -3Z- 3