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HomeMy WebLinkAbout01/09/1997CITY OF NEWPORT BEACH Planning Commission Minutes January 9, 1997 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Ridgeway, Kranzley, Adams, Selich and Ashley Commissioner Gifford was excused Sharon Z. Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of December 19, 1996: Motion was made by Commissioner Ridgeway and voted on to approve, as amended, the December 19, 1996 Planning Commission Minutes. Ayes: Ridgeway, Adams, Selich, Ashley Noes: none Absent: Gifford Abstain: Kranzley, Public Comments: none Posting of the Aaenda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, January 3, 1997 outside of City Hall. a Minutes Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes January 9, 1997 SUBJECT: City of Newport Beach • Amendment No. 855 (continued from December 5, 1996) To change the zoning district classification of six properties located off of the south side of Mesa Drive between Birch Street and Cypress Street from Unclassified (U) to Agricultural - Residential (R -A) in order to allow the proposed deletion of the U District from the proposed Zoning Code and to establish appropriate land use and property development regulations which would allow the existing agricultural uses on the subject properties to continue. At the request of the Commission, a formal presentation was not made as no new information had been added since the previous two meetings. Chairperson Adams stated that as he had been absent for the meeting of December 5th, he had since reviewed the tape of those minutes. Commissioner Kranzley asked staff why wild and exotic animals were included where the County does not. He was answered that the City Code allows for the keeping of wild animals within the City with the approval issued by the City Manager. Chairperson Adams, referencing page 8 of the December 5th meeting, asked about the Mining and Processing L -4 reference to oil wells. Staff answered that it refers to • another chapter in the zoning code which limits oil drilling to one specific area in the City. Staff continued at Commission query, to explain the temporary real estate L -5 stating this is applicable to all areas within the City for the establishment of temporary real estate offices for the sale of new development. At Commissioner Ashley's query about the Land Use designation being kept as R -A, Ms. Temple explained staff had since concluded this area would not likely be incorporated into the Land Use Regulations of the Santa Ana Heights Specific Plan, and that if it was redefined to .REQ it would create confusion between the City's conventional zoning classification and the actual REQ in Santa Ana Heights Specific Plan. Mr. Alford added that he had met /spoken with two of the property owners who indicated that they were not too concerned with the terminology after additional consideration. Public Hearing was opened and closed. Motion was made by Commissioner Ridgeway and voted on to adopt Resolution No. 1446 recommending approval of Amendment No. 855 to the City Council. Ayes: Ridgeway, Kranzley, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None INDEX Item No. 1 A No. 855 Approved . City of Newport Beach Planning Commission Minutes January 9, 1997 2. SUBJECT: 630 Newport Center Drive Family Fitness Center (Bob Dennis, applicant) • Use Permit No. 3509 (Amended) To change the hours of operation of an existing athletic club to a 24 hour facility, seven days a week. At Commission query, Ms. Temple stated that there were approximately two sites in Newport Center that are open 24 hours a day. This application has been reviewed with the Police Department. Of particular concern was the potential for increased crime in the parking structures. The Police did not indicate any anticipated increase in problems associated with an increase of hours. Public Hearing was opened. Mr. Robert Dennis, applicant, 7521 Espera Street, Carlsbad - spoke representing Family Fitness. He stated there are approximately 135 locations, all but a small number of which operate 24 hours a day. To the best of his knowledge, there have been no reports of crime incidents in the late night and early morning hours. This would be due to the safety factors of lights being on inside and outside the buildings and double staffing. The hours of operation after midnight are convenient for members of the facility, and are typically used by approximately 12 to 15 customers. In the event of rowdiness by patrons or local citizenry, their operating procedure is to call the Police to let them handle the situation. In response to Commission inquiry, Mr. Dennis stated that he has read, understands and agrees to the findings and conditions of the Use Permit No. 3509 (Amended). He did question Condition No. 6, that indicates no aerobic classes be conducted between the hours of 11 p.m. and 5 a.m. unless an amendment to this use permit is approved. This is not being done now, and there is no anticipation of it being done in the near future, why is this condition necessary? Staff stated the primary concern was the noise (music) that is normally associated with aerobics. Commissioner Ridgeway noted that in a previous approval, all windows must be closed and any noise must be maintained on the premises, therefore, this concern is already adequately addressed. Chairperson Adams asked Mr. Dennis to propose any different hours other than 24 hours for aerobics classes for the Planning Commission to consider. Otherwise, this condition could be deliberated for elimination, changing the hours, or, this could be applied for in the future. Mr. Dennis agreed with Commissioner Ridgeway that the conditions have already been met in that if there is noise or disturbance, the permit can be called up. INDEX UP No. 3509 (Amended) Approved City of Newport Beach Planning Commission Minutes January 9, 1997 Commissioner Ridgeway asked about the posting for parking. The applicant stated that he has a requirement with the landlord for their patrons to park in the parking structure. Notices will be posted in the entry way advising patrons of this parking arrangement. Public Hearing was closed. Motion was made by Commissioner Ridgeway for approval of Use Permit 3509, deleting condition number 6, subject to the findings and other conditions in Exhibit A. He stated that the noise concern issue has already been addressed in the previous approval. Substitute Motion was made by Commissioner Kranzley for approval of Use Permit 3509, subject to the findings and all conditions in Exhibit A. He stated that the problem with aerobics is that the music is base oriented and it carries a long way. Substitute Motion failed. . Ayes: Noes: Absent: Abstain: Original Motion: Kranzley, Adams Ridgeway, Selich and Ashley Gifford None Ayes: Ridgeway, Kranzley, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findinas: 1. That the proposed development is consistent with the General Plan because health clubs are a permitted use within the APF designation. 2. That 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 (Existing Facilities). 3. The approval of Use Permit No. 3509 (Amended) will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The fitness facility is located in a commercial district compatible with . other commercial uses in the district and is located away from the 4 INDEX • City of Newport Beach Planning Commission Minutes January 9, 1997 residential and hotel uses so as not to create an adverse impact on those uses. The fitness facility is enclosed at the end of the parking structure and is not adjacent to any businesses that would be open during the extended hours between 11:00 p.m. and 5:00 a.m. and, therefore, any noise generated from the use would be minimal. Adequate on -site parking is available for the existing and proposed uses, since the parking structure will be relatively empty during the extended hours between 11:00 p.m. and 5:00 a.m. since the surrounding office uses are closed. The existing three level parking structure is available for the parking of the health club members and includes two hours of free parking. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. • 2. That all employees shall park on -site in the parking structure. 3. That the hours of operation shall be 24 hours a day, seven days a week. 4. That Family Fitness Center shall post signs within the facility notifying members that validation for free parking within the parking structure, for up to two hours, is available to its members within the parking structure. 5. That all applicable conditions of approval of Use Permit No. 3509 shall remain in effect. 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 community. 7. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 10 INDEX . City of Newport Beach Planning Commission Minutes January 9, 1997 3. SUBJECT: 4101 Birch Street, Suite 205 Undamood -Bell Learning Center (Kimberly Worrell, applicant) • Use Permit No. 3596 Establish an instructional facility specializing in the language and cognitive skills development of children and adults (ages 5 to adult) within an existing commercial office complex. At the request of the applicant and with Planning Department concurrence, this item is continued to February 6, 1997. 4. SUBJECT: 2633 West Coast Highway Shamrock Bar and Grill (Christina Duggan, applicant) • Use Permit No. 1816 (Amended) Amend the existing use permit of an existing restaurant /bar and grill to allow an expansion into a neighboring commercial tenant space. The application requests: • an increase the net public area; • • the expansion of the area devoted to live entertainment; • a request to waive a portion of the required off - street parking; • and the continued waiver of specific restaurant development standards. Mr. Jay Garcia reported that the original restaurant was established prior to the requirement of a Use Permit for such a use. Subsequent changes to the building and the approval of UP No. 1816 established the facility as a coffee shop type restaurant. The permit was later amended in 1986 to increase the hours of operation to 24 hours a day. The current owner purchased the business in 1992 and have operated it as a bar and grill since then. Amendment to the Municipal Code in 1994 established strict definitions of a bar and restaurant. Restaurant is defined as a place of business with principal purpose to sell and /or serve food products and beverages for consumption on the premises. A bar is defined as a place of business with principal purpose to sell or serve alcoholic beverages on the premises. Based on these definitions and the characteristics of the existing operation, the facility is considered a bar. Mr. Garcia highlighted the staff report emphasizing the following: • proposed expansion would increase facility gross area by 30% and net public area by 69% Staff has evaluated issues relating to: • off street parking • live entertainment • hours of operation • restaurant development standards INDEX Item No. 3 UP No. 3596 Continued to 2/6/97 Item No. 4 UP No 1816 A Approved • City of Newport Beach Planning Commission Minutes January 9, 1997 Mr. Garcia concluded that the applicant has indicated they do not open earlier than 6:00 a.m. and typically do not close later than 2:00 a.m. although the Use Permit allows the facility to be open 24 hours a day. Applicant has agreed to changing the hours of operation and surrendering the 24 hours operation by limiting the hours to 6:00 a.m. to 2:00 a.m. daily. Commissioner Selich asked staff about the net public area, seating arrangements and occupancy numbers. Staff answered that occupancy was determined by the Fire Department and is based on the seating that is utilized and the characteristics of the facility. Parking is based on the net public area. Discussion followed regarding the reduction of the net public area scenarios. Commissioner Kranzley asked about the outdoor patio area that is now enclosed. Could the applicant come back and apply for an Outdoor Dining Permit? Staff answered yes, however, they would have to find a location that would not affect any existing parking. Commissioner Kranzley then asked about noticing groups that are in the process of doing comprehensive planning /studies, Le— BPPAC and Mariners' Mile. Staff answered that this is not common practice, but, this is a good point and will therefore implement this procedure in the future. Chairperson Adams asked about the crime statistics on page 9 in the staff report and • the period covered. Staff answered that it is for the most recent 12 month period. Regarding the parking, he asked if staff had observed any problems and about potential problems with all employees parking on -site. Staff answered that through personal observations in morning and at lunch times there have been parking spaces available. Chairperson Adams then asked about balloons being used as advertisement and suggests that balloons be considered the same as temporary signs and be included in Condition Number 23. At Commission query regarding in -lieu parking spaces, staff commented that these are not actual parking spaces, rather it is a program that was paid into for future parking programs. This establishment is involved in this program and is current with payments. Public Hearing was opened. Ms. Christina Duggan, applicant, 2188 Palmer Street, Costa Mesa - spoke to the Commission asking for approval, particularly since the food menu has become so popular. She is trying to change the establishment from a bar look to a family type restaurant, a place where families could come. At Commission query, Ms. Duggan said she has read, understands and agrees to the findings and conditions as presented in the staff report. Mr. Jim Parker, landlord of 2633 West Coast Highway, responded to staff's recommendations on the net public area of 1,000 sq. ft for daytime and 1,480 sq. ft for nighttime. Both the applicant and landlord agreed to accept these. INDEX City of Newport Beach • Planning Commission Minutes January 9, 1997 0 Ms. Duggan stated that the live entertainment will be the same as it has been. There are no changes anticipated. Staff ascertained that compliance with all of the conditions of approval will address any concerns of sound amplification. The continued operation with amplified music would therefore be acceptable. Mr. Jim Lamb, 304 E. Balboa Blvd. - operator of a business (marine hardware) at 2633 West Coast Hwy spoke to the Commission about the letter he had sent regarding the space that the Shamrock Bar is proposing to move into that he is currently leasing from the landlord. A copy of the letter was presented to the applicant. This proposed expansion would take up to half of his existing retail operation. Staff answered that the property owner had indicated that it is his hope to reorganize the tenants use of the various spaces. It should be noted that this is an issue between the tenants and the landlord. This approval can only be implemented if all agreements and relationships between the landlord and various tenants can be achieved. At Commission inquiry, Mr. Lamb stated that there have been a few days where parking has been a problem. His business has three assigned spaces for customers and on occasion these spaces have been taken up by bar patrons. The bar people have worked with him and moved the cars. The spaces on the street are also used by his customers. Generally, there is not a parking problem. He stated that he is concerned with parking if the bar will be bigger and have larger accommodations for lunch. Chairperson Adams pointed out that while Commission is considering an expansion of this facility, the use will be limited during the day hours, specifically to mitigate any parking problems. Public Hearing was closed. Commissioner Ridgeway asked of the possibility of limiting neon signs within the window or on the property. He is concerned with the aesthetics and creation of "carnival" atmosphere. Ms. Duggan, at Commission inquiry, stated if a condition is introduced that required the removal of the signs, she would not oppose it. Mrs. Wood then offered the following verbiage for a proposed condition, 'That no window signs, other than business identification or open /closed signs allowed by Title 20 of the Newport Beach Municipal Code shall be permitted:' Commissioner Adams then brought up the subject of noise carrying out onto the bay. f3 INDEX City of Newport Beach Planning Commission Minutes January 9, 1997 He suggests some condition to address the possible reinstatement of the outdoor dining. Discussion continued with the geographical location of the dining and potential amplification of sound. It was decided that the location is removed by a field of parking and the narrowness of the area in question. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 1816 (Amended) subject to the findings and amended conditions in Exhibit A. The inclusion of balloons in condition no. 23 and additional condition no. 30 to read: "That no window signs, other than business identification or open /closed signs allowed by Title 20 of the Newport Beach Municipal Code shall be permitted." Ayes: Ridgeway, Kranzley, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findings: 1. That the proposed development is consistent with the General Plan and is • compatiblewith surrounding land uses. 2. That 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. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of development standards as they pertain to parking and traffic control, walls (surrounding the restaurant site), landscaping and lighting meets the purpose of intent of the development standards as apply to restaurants and will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: • The existing physical characteristics of the site are not proposed to be altered. • Walls would adversely impact existing public views enjoyed from Coast Highway and neighboring properties on either side of the subject property. • The expansion of the restaurant /bar facility does not constitute a significant change to warrant an increase in landscape area and the addition of landscaping would be at the rear of the property behind the building which would not enhance streetscape views from Coast . Highway. ^ INDEX City of Newport Beach Planning Commission Minutes January 9, 1997 The applicant is only one tenant of the multi- tenant and should not be burdened for major improvements which would not otherwise apply to other uses on site. The existing parking lot lighting is not proposed to be altered; there have not been any past complaints related to lighting; and to burden the applicant with the cost of redesigning the lighting in the parking lot would be unreasonable when the some result of intent of purpose can be achieved by the redirection of existing light sources. That the same purpose of intent of the required walls surrounding the property to control noise can be achieved by the limitation on the hours of operation will alleviate potential noise problems. 5. The approval of Use Permit No. 1816 (Amended) will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The existing parking is adequate to accommodate the proposed expansion and the remaining uses and the current on -site parking (33 spaces) remains available for the existing and proposed uses on a first come first served basis. . • As a result of the conversion of the retail space to additional bar /restaurantuse, the overall parking demand for the property will be reduced, based on a comparison of the parking requirements for those uses, as specified by the Municipal Code. • Adequate provision for vehicular traffic circulation currently exists for the bar /restaurant facility and no problems or complaints have arisen as a result of the existing facility. • The live entertainment as limited by this approval will alleviate any noise concerns associated with the proposed expansion and the existing use and will reduce the potential demand for police services in the area. • The proposal will not add a new liquor license to an overconcentrated area, but allow the expansion of an existing business. • The expanded establishment is anticipated to operate in generally the manner as the existing establishment which has resulted in a low number of police and Department of Alcoholic Beverage Control problems. 0 Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That a minimum of one parking space for each 40 sq.ft. of "net public area' " (daytime 1,000 sq.ft with 21 spaces and 4 in -lieu spaces; 1,480 sq.ft. nighttime 10 INDEX • City of Newport Beach Planning Commission Minutes January 9, 1997 with 33 spaces and 4 in -lieu parking spaces) shall be provided on -site. A physical barrier or partition with a minimum height of 42 inches, with design acceptable to the Planning Department, shall be utilized to reduce the net public area to a maximum of 1,000 sq.ft. during the hours of 6:00 a.m. and 5:30 p.m., daily (nighttime maximum net public area 1,480 sq.ft.). 3. That a minimum of 12 parking spaces shall be made available for the other uses on site at a minimum of one space for each 250 square feet of gross floor area, on a first come first served basis. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the proposed restaurant facility and related parking lot striping shall conform to the requirements of the Uniform Building Code and City of Newport Beach Standard Drawings, unless otherwise approved by the Building Department and the City Traffic Engineer. 6. That the project shall comply with State Disabled Access requirements. 7. That the on -site parking, vehicular circulation and pedestrian circulation • systems be subject to further review by the City Traffic Engineer. 8. That all employees shall park on -site. 9 9. That all applicable conditions of approval of Use Permit No. 1816 as approved and amended on February 10, 1977, July 23, 1981, November 20, 1986 and June 10, 1993, shall remain in force. 10. That the hours of operation shall be limited between the hours of 6:00 a.m. and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. That the live entertainment shall be limited to between the hours of 9:00 p.m. and 1:00 a.m., daily. Any increase in the hours of the live entertainment shall require an amendment to the use permit, with the exception of holidays and special events (e.g., St. Patrick's Day) which shall be subject to the approval of a special event permit issued by the Revenue Division and approved by the Planning Department and the Police Department prior to issuance. 11. That any increase in the type of live entertainment provided or increase in the number of performers beyond musicians and /or vocalists totaling more than three performers at any one time shall be subject to the approval of an amendment to this use permit. That the doors and windows of the facility shall remain closed at all times during the performance of live entertainment or use of other amplified sound or recorded music. 11 INDEX City of Newport Beach Planning Commission Minutes January 9, 1997 12. That the live entertainment shall limited to a location within the building or be located in such a way that the structures on site provide a barrier between the entertainment area and exterior property lines. 13. That the noise generated by the live entertainment shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than 55 dBA at any property line. 14. That the applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, unless otherwise approved by the Planning Director. 15. That the area outside of the food establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. That the operator of the food service use shall be responsible for the clean -up of all on- site and off -site trash, garbage and litter generated by the use. 16. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, • Community Noise Control. 17. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. 18. That storage outside of the building in the front or at the rear of the property shall be prohibited with the exception of the required trash container enclosure. 19. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 20. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters • 12 INDEX City of Newport Beach • Planning Commission Minutes January 9, 1997 27. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 28. 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. 29. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 30. That no window signs, other than business identification or open /closed signs • 13 INDEX or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 21. That no outside paging system shall be utilized in conjunctionwith this facility. 22. That should this business be sold or otherwise come under diff erent ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 23. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right - of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 24. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. • 25. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department, 26. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 27. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 28. 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. 29. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 30. That no window signs, other than business identification or open /closed signs • 13 INDEX • City of Newport Beach Planning Commission Minutes January 9, 1997 allowed by Title 20 of the Newport Beach Municipal Code shall be permitted. 5. SUBJECT: 2209 Cliff Drive Bechler Residence (T. Wells 8 M. Noble Inc., applicant) • Variance No. 1212 (confinuedfrom December 19,1996) Variance request for the construction of a single family dwelling where the required handrails of two roof decks exceed the permitted height limit in the 24/28 Height Limitation Zone. Ms. Temple presented the staff report stating that this variance is too exceed the height limit. This is a continued item from December 19th. During that time the applicant has submitted revised plans that show the entire building has been lowered by approximately one foot and where there were previously two decks with required handrails that exceeded the building height envelope, one of the decks is now in compliance with the height limit requirement. Based on these revised plans, a supplemental staff report states that the requested variance was necessary to preserve a substantial property right. • A copy of the letter from Mr. Rojas was presented to the applicants. T. Wells and M. Noble, Inc., 30942 West Green Drive, Laguna Nigel - presented a model and explained the topographical points of the house, road and neighbors. In response to Commission inquiry, Mr. Wells stated that they have read, understand and agree to the findings and conditions of the Variance No. 1212 attached to both reports. Public Hearing was closed. Motion was made by Commissioner Selich to approve Variance No. 1212 subject to the findings and conditions in Exhibit A. Ayes: Ridgeway, Kranzley, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findings: That the proposed development is consistent with the General Plan since a single family dwelling is a permitted use within the Single - Family Residential designation. 2. That this project has been reviewed, and it has been determined that it is • categorically exempt from the requirements of the California Environmental 14 INDEX Item No. 5 V 1212 Approved City of Newport Beach Planning Commission Minutes January 9, 1997 Quality Act under Class 3 (New Construction). 3. That the following exceptional or extraordinary circumstances apply to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, building and /or uses in the same District: The subject property has a sewer easement that traverses the property at a location that requires the building footprint to be located farther down the slope than other lots on this side of Cliff Drive which have the same easement located at lower levels. The topography of the lot inhibits the property owner from designing a continuous roof element due to the fact that the property slopes in two directions, southerly away from Cliff Drive, and east to west across the property. 4. That the approval of Variance No. 1212 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reason: • • The proposed project is generally comparable to the size, bulk and height of other buildings in the surrounding neighborhood and strict application of height requirements would result in a dwelling that would require a redesign of the roof decks and possibly the elimination or reduction in size of the deck. • The proposed deck rail is located on a deck that is situated over a section of the lot where the a change in two slopes drop substantially, which situation does not occur on other lots in the area, and which unfairly affects the height of the building and roof deck. 5. That the granting of a variance to allow a portion of the required deck railings to exceed the permitted height limit will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property improvementsin the neighborhood because: • The proposed deck rail, a portion of which exceeds the height limit from zero feet to 2t feet and is located on the lowest portion of the lot where the lot slopes in two directions, will not interfere with the view of the bay from Cliff Drive. The proposed deck rail is located farther down the slope of the property as compared to neighboring dwellings and will not abruptly 15 INDEX City of Newport Beach Planning Commission Minutes January 9, 1997 change the visual vertical scale of the building as viewed from Coast Highway. 6. 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 since conditions have been included in regards to development adjacent to the sewer easement. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That two independently accessible parking spaces shall be provided on site for the parking of vehicles only, and shall be available to serve the residential unit at all times. 3. That a covenant to hold the property as a single family building site shall be recorded prior to the issuance of building permits unless otherwise approved by the Planning Department. . 4. That all public improvements be constructed as required by Ordinance and the Public Works Department. 5. That the drive apron onto Cliff Drive shall have a minimum 0.7 foot rise from street flow line to back of drive apron. 6. That the building be revised so that it does not encroach into and over the existing sewer easement or that the sewer main be relocated outside the building footprint if sewer grades permit. If the owner proposes to relocate the sewer and its accompanying easement, the design must be reviewed and approved by the Public Works Department. If the proposed building is adjacent to the sewer easement, deepened footings will be required in order to prevent loading of the existing sewer. The footings shall be extended to a depth so that a one to one slope projection from the bottom of the existing sewer to the bottom of the proposed footing is provided. That all work within the public right -of -way and the public easement be constructed under an encroachment permit issued by the Public Works Department. 8. 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. 16 INDEX City of Newport Beach • Planning Commission Minutes January 9, 1997 That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordancewith Section 19.24.140of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 10. That all mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 11. That this variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Commissioner Kranzley reported that the BPPAC will do a presentation at the Study Session of the City Council on January 20, on February 3rd there will be a Community Outreach meeting at the American Legion Hall at 7:00 p.m. and a presentation will be agendized for the Planning Commission meeting of February 6th. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Kranzley asked about the trailer and Ms. Temple reported arrangements are in progress between affected parties to arrange for removal of said trailer. At stated concerns of the MacDonald's seating, Ms. Temple stated that a report will be forthcoming at the next 0 17 INDEX Additional Business ADDITIONAL BUSINESS a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood related that the Mayor had indicated she was going to ask City Council to review Use Permit No. 3595 (World Oil Marketing, 3401 Newport Boulevard) with respect to the sign. This action stayed the decision of approval at the previous Planning Commission meeting on December 19th. • b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Modification Permits for 12 Harbor Island, 718 K- Thanga Drive and 209 Amethyst Avenue were approved on December 261h. Modification Permits for 2007 Sabrina Terrace and 2250 Channel Road were approved, and Modification Permit for 1200 West Bay Avenue was disapproved on December 31st. (No items called up at this meeting). C.) Oral report from Planning Commission's representative to the Economic Development Committee- No EDC meeting. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Commissioner Kranzley reported that the BPPAC will do a presentation at the Study Session of the City Council on January 20, on February 3rd there will be a Community Outreach meeting at the American Legion Hall at 7:00 p.m. and a presentation will be agendized for the Planning Commission meeting of February 6th. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Kranzley asked about the trailer and Ms. Temple reported arrangements are in progress between affected parties to arrange for removal of said trailer. At stated concerns of the MacDonald's seating, Ms. Temple stated that a report will be forthcoming at the next 0 17 INDEX Additional Business City of Newport Beach Planning Commission Minutes January 9, 1997 meeting. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences - none. ADJOURNMENT: 8:45 PM ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 18 INDEX