HomeMy WebLinkAbout01/08/2004Planning Commission Minutes 01/08/2004
CITY OF NEWPORT BEACH
Planning Commission Minutes
January 8, 2004
Regular Meeting - 6:30 p.m.
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INDEX
ROLL CALL
Commissioners Eaton, Cole, Toerge, McDaniel, Selich, Kiser and
Tucker - all present.
STAFF PRESENT:
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Rich Edmonston, Transportation /Development Services Manager
Rosalinh Ung, Associate Planner
Jim Campbell, Senior Planner
Jyll Ramirez, Planning Department Assistant
Ginger Varin, Planning Commission Executive Secretary
PUBLIC COMMENTS:
PUBLIC
COMMENTS
Ms. Temple noted that there were several students in attendance
from Newport Harbor High School Civics Class. Commissioner
McDaniel welcomed them to the meeting.
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on January 2, 2004.
CONSENT CALENDAR
MINUTES of the adjourned and regular meeting of December 4,
ITEM NO. 1
2003.
Approved
Motion was made by Commissioner Kiser to approve the edited
minutes of December 4, 2003.
Ayes:
Eaton, Cole, Toerge, McDaniel, Kiser, Selich and
No
Tucker
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Absent: None
Abstain: None
None
HEARING ITEMS
SUBJECT: Fair residence (PA2003 -226)
456 Mendoza Terrace
Appeal of the Modifications Committee's approval of the following
encroachments: 1) an exterior staircase and guardrails in the east side yard
setback; 2) a second floor deck in the front yard setback adjacent to De
Sola Terrace; 3) a replacement of an existing concrete block wall in the
front setback on Mendoza Terrace; 4) a new concrete block retaining wall
along the west side property line, portions of which will exceed the height
limit; 5) and a new retaining wall and patio in the De Sole Terrace setback
in conjunction with the remodel and addition to the existing single family
residence.
Mrs. Ung affirmed that:
. a letter had been received from Mr. Dennis O'Neil with a list of
supporters of the application, which has been forwarded to the
Commissioners;
. a fax letter from Chris and Tad Sullivan of Seaward Rd. in support
the appeal; and
. a black binder supplied by the applicant that includes a composite of
all the supporters with the signatures, addresses and telephone
numbers;
. the recommendation by staff is that the appeal be denied and the
Modification Committee decision be upheld to approve the permit
subject to the plans submitted and dated 11/05/2003.
Ms. Temple added for clarification that there is a set of plans in the group
of exhibits submitted by the applicant in the hard binder and that
represented the original plan that showed the facilities related to the second
dwelling unit. We want to make it clear that in no way are we approving that
through the inclusion of that in this public record.
Public comment was opened.
Jerry Fair, owner, noted the following:
. Had not been prepared for the Modification Committee hearing.
. Residents since last summer.
. Former home was awarded several times for gardening done by his
ITEM NO.2
PA2003 -226
Approved
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wife.
. The lot is between two streets; the upper lot on Mendoza
Terrace is 20 feet higher than the lower lot on De Sola Terrace.
. The last 15 feet towards the rear of the property drops over ten
feet.
• It is a high visibility lot.
• We would like to use more of this part of the unusable lot for
planting a garden.
• By building this garden off our tea room, it will be very attractive.
• The goal is to build a garden that the community can enjoy.
. The booklet presented tonight has 47 different households that
support our request and a total of 71 signatures of local
neighbors who support our request.
Commissioner Eaton asked:
• The primary difference is the height of the retaining wall,
whether there is one fairly high retaining wall or two broken up
into shorter segments.
• If the modification appeal is approved, would you agree to a
condition that required landscaping that was high enough to
screen and soften that high retaining wall. He was answered
yes.
. If it is not approved, the guard rails would be made out of what
material? He was answered that cable would be used as a
protective guardrail.
Craig Shultz, of Laidlaw Schultz Architects, architect for the applicant,
noted the following:
. The applicants want to capitalize on the existing structure and
bring it up to date, and utilize the views of the ocean and golf
course.
. They also want to capitalize on the outdoor space as the wife is
an avid gardener and wants to create a garden in the lower
level of the lot.
. The lot is a 'thru' lot connecting De Sola on the lower level and
Mendoza on the upper level and has a sharp fall off on the
bottom 1/2 of the lot, therefore we are proposing a terraced
approach.
. The design was presented to the Modifications Committee
• Ultimately, the two tier scheme we presented failed; a four
tiered scheme was ultimately approved.
• The applicants felt that the four tier scheme is inadequate as it
leaves no useable garden space at that lower level, is less
sensitive to the neighbors and created taller overall mass to the
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down hill neighbors.
• The proposal is not a granting of special privilege, but a modest
design, which draws from the context of the neighborhood.
• Similar modifications have been granted in the neighborhood.
• We have presented over 71 signatures of surrounding
neighbors in support of this proposal.
. A similar result at 416 Mendoza was granted in 1979. (He then
read the findings)
. At Commission inquiry he answered that glass is problematic
and needs to be kept clean, and, plantings would start to block
their views of the ocean.
The following people spoke in support of the application for reasons
of attractiveness, good use of the property, terrace approach would
be interesting; 15 foot setback on DeSola is not necessary as the
frontage is on Mendoza, have seen the plans and agree with them,
enhance values of surrounding properties, no safety or view issues
are present, many other homes have 5 -6 foot walls and /or slopes that
come to the street, garden is a passion for Mrs. Fair.
. Eleanor Lumpston, neighbor,
. Jim Wayne, neighbor
. Curt Heaton, neighbor
. Patty McDonald, Real Estate Agent
. Rita Hatuni, neighbor
. Garrett Smith, architect and neighbor
Blythe Fair, applicant, referred to picture in the soft cover black
booklet that showed the court yard at their last house.
Public comment was closed.
Commissioner Toerge noted:
. Uniqueness of the lot that is street to street with a significant
slope to it.
• The 2 tier design appears less massive than the 4 tier design.
• Sensitive to the overwhelming support of the neighbors for this
proposal.
• Not relative is the precedence that some speakers have noted,
all projects stand on their own merit.
• I support the applicant and the appeal.
Commissioner Selich noted his agreements with Commissioner
Toerge.
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At Commission inquiry, Ms. Temple noted the following:
Some level of modification was granted for this
proposal.
• The concepts for tiering fences that are allowed in Corona del
Mar generally was used and they were adapted to a design that
would give the applicant most of what they desired.
• Staffs concern was that we are seeing a growing trend for yard
reclamation projects where people are buying houses on very
steep slopes and then requesting very large retaining walls in
order to reclaim a greater portion of flat yard. Although that is
not a very significant concern in this particular case.
Commissioner Tucker noted that it would not create a great
precedent because of the size of walls and the manner in which this
is going to be done. Even if this does change ownership, we have a
condition that the upper wall needs to be screened by landscaping
and that should take care of long term concerns. The record needs
to reflect that we don't pay attention to precedence, each property is
unique.
Commissioner Kiser noted his support of the applicant noting:
• Agrees with the additional condition regarding landscaping to
be maintained.
• This modification is only for a retaining wall and in total scale
would not look much different from what the Modifications
Committee approved if we didn't change it.
• The support of the neighborhood.
• This is not a precedent as each property is looked at on its own
merits.
• This property is unique.
Commissioner Cole noted his support of the applicant's request for
same reasons as previously stated.
Commissioner Eaton noted his support of the application with the
additional condition with the screening of the higher retaining wall.
The conditions as approved by the Modifications Committee should
be brought forward into this approval as they apply.
Chairperson McDaniel noted he is not in support of the application:
. There is adequate space to do what is being proposed.
. This will set a precedent for the entire neighborhood.
Motion was made by Commissioner Toerge to approve the appeal of
Modification Permit No. 2003 -094 and the plans presented for a two
wall configuration by the applicant tonight as modified with the added
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condition that the landscape be installed that would otherwise serve
to block the views from DeAnza of the second retaining wall.
At Commission inquiry, Ms. Temple noted that in this particular case,
we will include the revised findings and conditions that would match
the action of the Commission as part of the minutes tonight. The
Commission will then have the opportunity to review for consistency.
FINDINGS:
The Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan designate the site for "Single -
Family Detached" residential use. The existing residential
structure is consistent with this designation. The walls, decks
and staircase structures are accessory to the primary use.
2. This project has been reviewed, and it has been determined
that it is categorically exempt from the requirements of the
California Environmental Quality Act under Class 1 (Existing
Facilities).
3. The modification to the Zoning Code as proposed would be
consistent with the legislative intent of Title 20 of the Newport
Beach Municipal Code and is a logical use of the property that
would be precluded by strict application of the zoning
requirements for this District for the following reasons:
The area of the required 15 -foot view /front yard
setback adjacent to De Sola Terrace slopes down with
a steep slope thereby limits the amount of usable deck
or yard area. By allowing a retaining wall and raised
deck to encroach 11 feet 6 inches into the 15 -foot
setback, more usable deck space can be captured,
while still preserving the open yard area and
maintaining the characteristics of the neighborhood.
The 2 -foot 6 -inch encroachment into the 6 -foot easterly
side yard setback with a new exterior staircase is minor
in nature and will still provide adequate means of
access along the side yard.
• Due to the sloping topography of the sub1'ect property,
the new block retaining wall to be located on the west
side property line will exceed the 6 -foot maximum
height limit for approximately 33 linear feet along a
property line that is 94.39 feet in length. This is a minor
encroachment into the side yard setback.
4. The modification to the Zoning Code as proposed will not be
detrimental to persons, property or improvements in the
neighborhood or increase any detrimental effect of the existing
use for the following reasons:
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The block wall located in the front setback adjacent to
Mendoza Terrace is replacing an existing wall in the
same location and is a minor encroachment that has not
resulted in a negative impact on the neighborhood.
The encroachments into the east side yard setback with
an exterior staircase and the west side yard setback with
a block retaining wall will be located predominantly in
the center portion of the lot. These encroachments are
minor in nature and will not be detrimental to the
neighborhood.
Section 20.60.030 C of the Zoning Code allows
protective railings around balconies to project 6 inches
into a required setback. The second floor deck that will
encroach 1 foot into the 15 -foot viewffront setback
adjacent to De Sola Terrace is a minor encroachment.
The retaining wall and raised patio adjacent to De Sola
Terrace will be set back 3 feet 6 inches from the
viewffront property line and 6 feet from the side property
lines to minimize the impact on the neighboring
properties and to allow adequate space to
accommodate landscape plantings to obscure the
retaining wall. The landscaping at the lower wall as
required by the Planning Commission and agreed by
the applicant shall be high enough to screen and
soften the vertical face of the upper retaining wall.
5. The proposed encroachments into the side and viewffront
yard setbacks will not affect the flow of air or light to adjoining
residential properties because:
The encroachments into the view /front yard setbacks
are located at the street sides of the subject property
and will not impact the flow of air and light to the
adjoining residential properties.
The encroachment into the west side yard setback will
be set back 6 feet from the adjoining residential
property, thus providing adequate space for air and
light.
In the east side yard setback, the staircase will maintain
a 3 -foot 6 -inch setback to the property line, also
providing adequate space for the flow of air and light to
the adjacent residential property.
The development shall be in substantial conformance with the
approved plot plan, floor plans and elevations, as dated
November 5, 2003, except as noted in the following conditions.
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2. Anything not specifically approved by this Modification Permit
is prohibited and must be addressed in a separate and
subsequent Modification Permit review.
3. This approval was based on the particulars of the individual
case and does not in and of itself or in combination with other
approvals in the vicinity or Citywide constitute a precedent for
future approvals or decisions.
4. In the easterly side yard setback, the exterior staircase and
guardrails (solid wall) shall not exceed 9 -feet 6- inches in height
above existing natural grade. The staircase may project a
maximum of 2 -feet 6- inches into the 6 -foot side yard setback
and shall be set back 3 -feet 6- inches from the side property
line.
5. The second floor deck, including the guardrails, may encroach
a maximum of 1 foot into the 15 -foot view/front setback
adjacent to De Sola Terrace. Additionally, it shall maintain a
14 -foot set back to the property line. No portion of the deck
may encroach into the 6 -foot side yard setbacks.
6. In the 5 -foot front yard setback adjacent to Mendoza Terrace,
a new concrete block wall may be constructed to replace the
existing wall in the same location. As depicted on the approved
plans, the new wall shall not exceed 4 -feet 9- inches in height
above existing natural grade, and it shall not encroach more
than 3 feet into the 5 -foot setback at the westerly comer of the
property.
7. A new block retaining wall may be constructed along the west
side property line with portions of the wall exceeding the 6 -foot
maximum height limit. As depicted on the approved plans, the
portions of the wall that exceed 6 feet above existing natural
grade shall consist of approximately 33 linear feet and shall be
no higher than 11 feet above grade.
8. In the 15 -foot view /front yard setback adjacent to De Sola
Terrace, a new retaining wall to support a raised patio may be
encroached a maximum of 11 feet 6 inches into the setback
and shall maintain a setback of 3 feet 6 inches to the property
line. Top of the retaining wall shall be at 191.97 above sea
level as depicted on the approved plans. A maximum 36 -inch
high guardrail shall be permitted atop the retaining wall to
comply with the Uniform Building Code requirements. No
portion of the retaining wall or raised patio may be located
within 6 feet of either side property line, except as conforms to
the maximum height of 3 feet above existing grade as
permitted by the Zoning Code. The landscape shall be
installed so that the vertical face of the upper retaining
wall shall be obscured by vertical or hedge plantings or
creeping vines. Code Enforcement Supervisor shall schedule
an inspection 90 days after final of building permits to verify
compliance with this condition of approval.
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9. Prior to the issuance of building permits, a revised copy of the
plans that depict the encroachments approved by Modification
Permit No. MD2003 -094 shall be submitted to the Planning
Department for inclusion in the Modification Permit file.
10. A building permit shall be obtained prior to commencement of
the construction.
Ayes: Eaton, Cole, Toerge, Selich, Kiser and Tucker
Noes: McDaniel
Absent: None
Abstain: None
SUBJECT: Leo Gugasian Center (PA2003 -174)
900 -1040 West Coast Highway
Development Plan and Use Permit for the redevelopment of an existing
commercial center and the construction and operation of a vehicle sales
facility. The application includes a parking modification to reduce the
minimum number of parking spaces, an off -site parking agreement for a
shared parking lot on two adjacent properties, and a request to exceed the
base floor area ratio by approximately 977 square feet.
James Campbell, Senior Planner presented a brief history, noting:
. This application had been continued from October 23, 2003 for a re-
design of the plans.
. Three buildings would have been removed with construction of a
23,800 square foot building for vehicle sales, retail and office space.
. The issues at the October meeting were the excess floor area
requested beyond Code restraints, and not providing sufficient
parking.
. The applicant has re- designed the project by scaling it back. The
original included 3 new buildings and the revised project has only
two. The project includes a use permit for the vehicle sales facility in
the first building (western), which is 11,300 square feet.
• Building 2 will be 6,487 square feet and will include retail and office
uses. The existing buildings on the eastern lot (West Marine) will be
retained.
• There will be one parking lot for all the buildings.
• A revised site plan shows the common parking for both properties.
• A 1998 parking waiver that had been granted will still be maintained.
• As mentioned, the project includes a use permit for the vehicle sales
facility and staff is recommending approval based upon the design of
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ITEM NO. 3
PA2003 -174
Approved
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the buildings and the fact that there will be no vehicle storage in the
parking area or vehicle service; and
• The project includes a Development Plan for the overall
redevelopment of the project site. Staff believes that the findings can
be made pursuant to the Mariners Mile Design Framework and the
Code.
• The project is short one parking space, the need is justifiable given
the proposed uses and development.
. The resolution within the packet outlines all the findings and then
distributed an exhibit with noted changes to conditions 6, 7, 17, and
elimination of 31.
• Condition 17 addresses the reciprocal access and off -site
parking agreement for the common parking facility across the
two property lines.
. The condition changes have been discussed with the applicant
prior to the meeting.
Commissioner Kiser noted that the plans listed on the conditions of
approval, the site plan dated 11/24/2003 and the other floor plans,
elevation drawings, roof plan and landscape plan are dated
01/08/2004.
Mr. Campbell explained that those plans were in the previous staff
report and were not dated. We have therefore listed them with
today's date.
Commissioner Eaton referred to the previous parking agreement that
was for four tandem employee parking spaces, with the shift of
parking from the westerly parcel to the easterly parcel with this
proposed plan, those tandem spaces are no longer shown. What
happened to them, and have they been implemented to date? The
landscape plan shows a boxwood hedge in front of the auto dealer
building, but the colored rendering depicts open display; which is it
going to be?
Mr. Campbell answered that the tandem spaces are within a row of
parking that abuts the westerly side of West Marine and are
eliminated with the new proposed site plan. 42 spaces are provided
for the West Marine property within this common parking area. The
rendering is for illustrative purposes only and would not be used as
approval of the landscape plan. Sheet P1 shows the hedges in place
and is the controlling document. There are conditions of approval
that require modification of this plan to be consistent with the
Mariner's Mile Design Framework.
Commissioner Tucker, noted:
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. There are two separate legal parcels.
. How much building area would have to be reduced in order to
not be one parking space short?
. The right of way on Coast Highway is per the General Plan?
. If the Council views the widening of Coast Highway as
something they want to address on a policy basis they will, but
until they do so, it is my inclination to just move on with these
projects and assume that it won't be widened. We don't know if
it will get done in three years or thirty years, or ever. It seems a
legitimate to move ahead with the upgrading of Mariner's Mile.
Mr. Campbell answered:
. 67 square feet would have to be eliminated.
. If Coast Highway is widened, the parking area would have to be
modified and will probably lose 20 spaces along the first row of
parking fronting Coast Highway.
Commissioner Tucker then referenced condition 17. The provision
states that the parking agreement shall be provided prior to any
financing, which puts them in a superior position, preserving the
agreement if the two parcels are separately conveyed. With the
deletion of the proof of recordation of the agreement, how do we
establish that has been recorded?
Ms. Clauson, Deputy Assistant Attorney, answered:
. The City Attorney's office needs to actually approve the off -site
parking agreement.
This agreement is a condition of approval to the off -site parking
arrangement, and will insure the City that it is superior to any
financing.
. The building permit will not be issued until this condition is met.
A discussion ensued on the requirement for agreements.
Mr. Edmonston noted, at Commission query, that the City Council
has previously established guidelines for when we can require the
dedication of right -of -way even on a street like this, where it is a
Master Plan of Improvement, and they have put specific limitations on
acquisition adjacent to state highways. It was done specifically to
address issues in Mariner's Mile because of the uncertainty of the
widening.
Commissioner Tucker noted that the City Council has figured out if
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the City is granting additional building area and then the City comes
in and widens the highway, the amount of severance damages and
condemnation damages might just increase because of our actions.
Once again, that is a policy call whether we sit and wait to figure out
when we are ever going to widen Coast Highway or whether we go
ahead and if an opportunity presents itself have improvement down in
the Mariner's Mile area. Hopefully, they will read the minutes and
decide if this is something they want to discuss.
Commissioner Kiser asked:
What justification did the applicant have for not combining the
parcels in order to get over the floor area ratio problem?
Condition 23 refers to street trees, we should also reference the
Mariners Mile Design Framework.
Mr. Campbell answered:
. The reason given for not combining the parcels at this time was
due to separate financing concerns of the applicant.
Condition 23 refers to the trees within the public right -of -way.
The Mariner's Mile Design Framework does not relate to the
right -of -way trees. The other landscape conditions are
proposed per the Mariner's Mile Design Framework.
Mr. Cole asked:
. Condition 15 talks about roof equipment. On the new building,
are we clear that there will be a harmony of the roofs for the
people above as it relates to the 'fifth side of architecture'.
want to make sure that we are clear that the roofs will be
consistent with color and design.
. Is the flat roof design on the new building consistent with the
existing building?
. Is it clear that the roof equipment is to be screened?
. I suggest that the colors of the adjoining roofs match.
Mr. Campbell answered:
. Condition 15 refers to the new buildings. The older building
roofs will stay the way they are.
. The new roofs shall be treated and painted to achieve the affect
of the photograph, which was in the prior staff report that is the
roof of the adjacent Newport Auto Sports building. We can
clarify that this condition applies to the new buildings.
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The condition incorporates anything on the roof would have to
be treated in some fashion. Building 1 will have one piece of
equipment on it, but the roof plans do not indicate anything on
building 2. The roof will be treated with gravel surface.
Commissioner Kiser noted that the sign plan will be handled through
a condition that the signage be done in accordance to the applicable
standards of the Mariner's Mile Overlay zone. Is it possible for it to
be conditioned that the signage plan will be brought back to the
Commission for approval? He was answered yes, that could be
added to condition 14.
James (Buzz) Person, representing the applicant, noted the following:
. The applicant owns many properties in Mariner's Mile area.
Has revised plans and have discussed conditions of approval
with staff and agree to them.
. They are opposed to coming back to the Planning Commission
for sign approval as they pertain to matters within the Code in
terms of footage, size and size that is allowed.
Ms. Clauson added that review of the signs is done because it is part
of an approval of a site plan review or under specific guidelines
development, or an exception or modification to the sign code. If the
applicant has a plan to put up signs that comply with the code, the
Commission has no authority to review them as to aesthetics or size.
The Commission can add a condition that unless it specifically
complies in all respects with the Sign Code is what is authorized, any
changes would require a full review of the sign program.
Commissioner Selich noted that the guidelines in the Mariner's Mile
gives the Commission the ability to review signs of a discretionary
application.
Ms. Clauson answered if the Mariner's Mile gives that authority, then
the Planning Commission has the right to review the applicant's sign
program.
Mr. Person noted that the applicant agrees to all the findings and
conditions. He added that in terms of the equipment on the Newport
Auto Sport roof, the equipment is back against the bluff and is not
visible from the highway. At Commission inquiry, he noted that the
applicant is aware of the superiority of the parking agreement ahead
of the financing. There are two separate financial packets on these
properties, one is superior to the other.
Public comment was opened.
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Mr. Campbell noted that the design guidelines do not specify review
process; however, within the Zoning Ordinance it does discuss a
development plan process, which is subject to the Planning Director's
authority for sign approvals. That application requires a public
hearing, that Development Plan is before you this evening but we do
not have the details of the signs to approve the final designs. We can
bring back a review to assure that it is compliant with the design
framework and the Code at a later date if the Commission wishes.
Commissioner Tucker iterated that it would be the Planning Director's
review. He noted that should be done by the Planning Director and
sees no reason for the Planning Commission to be involved with the
sign program.
Commissioner Kiser stated that the design guidelines allows
discretion in the approval of signage. He was answered that it is very
limited discretion and only applies in the area of pole signs where a
guideline exists. Commissioner Kiser stated he would like to see it
come back for review as the property is such a visible one.
Commissioner Tucker noted he sees no reason why the project could
not be reduced by 67 square feet so that the project is not one
parking space short.
Mr. Person answered that part of the problem is that a good portion
of the building drawings are already done. The 67 square feet
represents .27 of a parking space. It was felt between the applicant
and staff that one parking space was de minimus and not important
enough to cause a re- drawing of the working drawings. The
applicant is opposed to the reduction of the 67 square feet.
Commissioner Eaton noted that there appears to be room between
the existing building and a proposed building 2, is there room to put a
parking space in there?
Mr. Edmonston stated that the space between the buildings would
end up being perpendicular space and would not be conducive to
angled stall parking. The other thing to point out is the site plan does
not currently have provisions for trash enclosures and other things
that the applicant will eventually have to provide for. There are still
known features that have to be provided for.
Commissioner Tucker stated that it was presumptuous of the
applicant to start his working drawings before he had his approval,
but I don't think it would be that big a deal to re- capture the 67 square
feet. Since it is a fraction of a space, I am not going to make an
issue.
Public comment was closed.
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Motion was made by Commissioner Kiser to approve Development
Plan No. 2003 -002 and Use Permit No. 2003 -026 subject to the
findings and conditions of approval within the draft resolution and with
the revisions to conditions 6, 7, 17, 20 and deletion of 31. Condition
1 floor plans, elevation drawings, roof plan and landscape plan
shown as dated 01/08/2004 are the ones reviewed in the prior
meeting as they are applicable to the current development. The
Planning Director can approve the signage and does not need to
come back to the Commission for review. Condition 23 was clarified
and does not need to be changed.
Commissioner Toerge noted:
. We do not have a landscape plan that matches the proposed
site plan.
. We do have a landscape plan consistent with the old
development where there was going to be new buildings on the
easterly lot.
Staff answered the landscape plan will be revised to reflect the
current site plan. The change in the project does not really affect the
landscape plan. There are planned improvements for landscaping on
the eastern property.
Continuing, Commissioner Toerge noted:
. This project is woefully short on detail compared to the other
projects we have looked at on Mariner's Mile.
. There is no real design consideration for the fifth sided
architecture of the roof. I saw the photograph and the textured
roof.
. He is very concerned to hear that the easterly buildings won't
be treated at all. They are part of the project.
. Would like to integrate the need to improve those roofs
consistent with the westerly side at this time.
. Are there any improvements to the retaining wall? We have
dealt with other properties in this area where we addressed, or
at least saw the retaining walls materials, colors.
• Where are the nautical elements to this that the design
guidelines suggest?
• There is far less detail on this project than I am accustomed to
seeing.
• For these reasons, I will not be supporting this application.
• Any time we assume some uniqueness of the ownership and
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Planning Commission Minutes 01/08/2004
we create conditions around them, we may be up for a surprise.
Tying the parking recordation to an act of financing, completely
ignores the possibility that the project is built without a new
loan.
There should be some other trigger point in the event that the
property is developed without a new loan.
Ms. Clauson stated that the only concern the City has is if there is
any financing that exists that the agreement is subordinated to the
existing financing, or that if there is no financing, or if it is put on later,
that it gets recorded before any financing. It is my understanding that
it has to be recorded before the issuance of any building permits.
Continuing, Commissioner Tucker noted:
. Agrees with Commissioner Toerge's comments on the lack
detailed plans.
. The eastern part of the project, other than a re- arrangement of
some parking spaces, really isn't proposed for new
development.
. I have no problem with leaving the existing structures as is.
. The rearrangement of the parking will be a big help and the lot
will be much better in terms of circulation.
Commissioner Eaton noted:
. 1/4 of a space is not that big a deal.
. When you get a lucrative sales tax generator in, you sometimes
don't go to quite as much detail as you would otherwise.
. I trust staff to be able to enforce those things that the
Commission would have enforced if all the details had been in
front of us.
. Because it is an auto dealer, condition 2 is important because
dealers tend to end up doing some service work, even if they
are not supposed to. That starts to use parking spaces.
. It is tempting to have more cars on display in what otherwise
should be required parking spaces.
. We need to make clear to the applicant and to staff that
condition 2 needs to be adhered to, otherwise there will be a
genuine parking problem on this site.
. Supports the application.
Commissioner Cole noted:
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Planning Commission Minutes 01/08/2004
. Language
regarding the roof
can be added
that the roof
equipment
will only be on the
westerly portion
as well as a
consistent
color as the color
on the adjacent
development,
(Newport Auto Sport).
Commissioner Kiser noted that plans show the color, type of
materials are shows consistent with the main portion of the building.
Only one of the buildings has an air conditioning unit that will be
screened and consistent color.
Mr. Temple clarified that the color on the new buildings of the roofs
will be consistent with the Newport Auto Sport building next door so
the roofs adjoining one another would be consistent. If that is made a
condition than the roof of the new building will be a slightly different
color than the one next door.
Commissioner Kiser, as the maker of the motion, agreed.
Mr. Person agreed for the applicant.
Ayes: Eaton, Cole, McDaniel, Selich, Kiser and Tucker
Noes: Toerge
Absent: None
Abstain: None
ADDITIONAL BUSINESS:
a. City Council Follow -up - Ms. Temple reported that the Council
passed to second reading the Landmark Building Ordinance; no
action was taken on the matter of the modification permit and
deferred the matter back to staff for additional study with the
direction to revise the application consistent with the new
Planning Commission findings with an additional trial period of
three months; the applicant's appeal of the Conexant sign was
approved.
b. Oral report from Planning Commission's representative to the
Economic Development Committee - none.
c. Report from Planning Commission's representatives to the
General Plan Update Committee - Commissioner Eaton
reported that a brief overview of the follow -up of the natural
vegetation survey; four nominations were made to the City
Council; the first two portions of the traffic model was re-
worked.
d. Report from Planning Commission's representative to the Local
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ADDITIONAL
BUSINESS
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Planning Commission Minutes 01/08/2004 Page 18 of 18
Coastal Plan Update Committee - no meeting.
e. Matters which a Planning Commissioner would like staff to
report on at a subsequent meeting - Commissioner Tucker
noted it would be helpful to have more detail on the plans
presented. A discussion ensued on the effort to work with
potential applicants and the information provided for projects.
Commissioner Toerge asked about the sign issue for the Auto
Bistro property. A report will be brought to the Planning
Commission. There will be no meeting on January 22nd due to
lack of business.
f. Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report - none.
g. Status Reports on Planning Commission requests - Ms. Temple
noted that the 5th sided architecture item will be included on an
agenda for discussion.
h. Project status - none.
i. Requests for excused absences - none.
ADJOURNMENT: 8:30 p.m. JADJOURNMENT
MICHAEL TOERGE, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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