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HomeMy WebLinkAbout01/18/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: January 18, 1990 CITY OF NEWPORT BEACH MINUTES ■ ROLL Cats 1 1 1 1 1 1 1 1 1 INDEX Present I* I *I *I *I *I *I All Conuni ssioners were present. i EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Robert Lenard, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • Minutes of Januaa 4 1990: Motion Motion was made and voted on to approve the January 4, 1990, Ayes Planning Commission Minutes. MOTION CARRIED. Abstain ■ s s Public Comments: No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, January 12, 1990, in front of City Hall. • Request for Continuances: James Hewicker, Planning Director, requested that Item No. 4, Use Permit No. 1905 (Amended), Walter J. Heim representing Camelot Restaurant, applicant, located at 3420 Via Oporto, be Minutes of Jan. 4,1990 Posting of Requests COMMISSIONERS January 18, 1990MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX continued to the February 8, 1990, Planning Commission meeting to allow further review of the project. Motion Motion was made and voted on to continue Use Permit No. 1905 All Ayes (Amended) to the February 8, 1990, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 917 (Public Hearing) Request to resubdivide two existing lots located in the R -2 District into two parcels of land for the purpose of establishing a two unit condominium development on each parcel. LOCATION: Lots 6 and 8, Block 735, Corona del Mar, located at 704 and 706 Heliotrope Avenue, on the southeasterly side of Heliotrope Avenue, between Fourth Avenue and Fifth • Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: Chuck and Nancy Fry, Corona del Mar OWNERS: Same as applicants ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Chuck Fry, applicant, appeared before the Planning Commission wherein 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. Motion Motion was made and voted on to approve Resubdivision No. All Ayes 917 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. • -2- Item No.l R917 Approved COMMISSIONERS January 18, 1990 MINUTES \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX 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. 1. That a parcel map be recorded prior to occupancy unless otherwise approved by the Public Works Department and the Planning Department and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the • adjacent alley. -3- COMMISSIONERS January 18, 1990 MINUTES \��\\ CITY OF NEWPORT BEACH ROLL CALL I INDEX 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain building permits prior to completion of the public improvements. 7. That the tree damaged and displaced portions of curb, gutter and sidewalk along the Heliotrope Avenue frontage be reconstructed and that the existing tree be root pruned. All work shall be completed under an encroachment permit issued by the Public Works Department. 8. That the Public Works Department plan check and inspection fee be paid. 9. 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. • x x x Final Man of Tract No. 14025 (Discussion) Item No.2 Request to subdivide 26 existing lots into a vertical subdivision FTM 14025 containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential Approved parking purposes, and one lot for commercial parking purposes. LOCATION: Lots 1 -12 of Block 324, Lancaster's Addition, Newport Beach together with lots 1 -14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly comer of 28th Street and Newport Boulevard, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: N/R Marina Partners, Newport Beach OWNER: Same as applicant • Associates, Inc., Tustin ENGINEER: K W. Lawler and -4- COMMISSIONERS January 18, 1990 MINUTES � \� \\ CITY OF NEWPORT BEACH ROLL CALL 1 11 fill INDEX Mr. John Newcomb, applicant, appeared before the Planning Commission wherein he concurred with the finding and condition in Exhibit "A". Motion Motion was made and voted on to approve the Final Map of All Ayes Tract No. 14025 subject to the finding and condition in Exhibit "A". MOTION CARRIED. Findine 1. That the Final Map of Tract No. 14025 substantially conforms to the Tentative Map of said Tract and with all changes permitted and all requirements imposed as conditions to its acceptance. Condition: 1. That all conditions imposed by the City Council in conjunction with its approval of the Tentative Map of . Tract No. 14025 shall be fulfilled. A. General Plan Amendment No 89- 3(E)(Continued Public Item No.3 Hearing) GPA 89 -3E Request to amend the Land Use Element of the General Plan so as to increase the allowable Floor Area Ratio of the Our Ts 61 Lady Queen of Angels Church from 0.15 to 0.17; and the acceptance of an environmental document. UP991A INITIATED BY: The City of Newport Beach Approved (Resolutioi AND No. 1211) B Traffic Stuff No 61 Continued Public Hear—L4) Request to approve a traffic study so as to permit the construction of a 23,534± square foot addition to the Our Lady Queen of Angels Church. • AND -5- COMMISSIONERS January 18, 1990 MINUTES O � 3 �a 0 y_N `Cyr db CITY OF NEWPORT BEACH ROLL CALL INDEX C. Use Permit No. 991 (Amended)(Continued Public Hearing) Request to amend a previously approved use permit which allowed the establishment of the existing Our Lady Queen of Angels Church. The proposed amendment involves a request to permit the construction of a 23,534± square foot addition to the church which will include a new parish hall, administrative offices, new classrooms and a new garage for the parish rectory. LOCATION: Record of Survey 63-46 (Resubdivision No. 173), located at 2046 Mar Vista Drive, on the southwesterly comer of Mar Vista Drive and Domingo Drive, across from the Corona del Mar High School. ZONE: R -3 -B APPLICANT: Our Lady Queen of Angels Church, Newport Beach • OWNER: Roman Catholic Bishop of Orange, Orange The public hearing was opened in connection with this item, and Mr. Glen Gellatly, architect, appeared before the Planning Commission on behalf of the applicant, wherein he concurred with the findings and conditions in Exhibit W. In response to a question posed by Commissioner Edwards with regard to neighbors indicating concerns relating to a potential increase in traffic, Mr. Gellatiy responded that the applicants have not received any inquiries with respect to the proposed project. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve General Plan All Ayes Amendment No. 89 -3(E) (Resolution No. 1211), Traffic Study No. 61, and Use Permit No. 991 (Amended) subject to the findings and conditions in Exhibit W. MOTION CARRIED. -6- COMMISSIONERS January 18, 1990 MINUTES ` 111 d Orn �o �� a O CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. B GENERAL PLAN AMENDMENT 89 -3(E) Adopt Resolution No. 1211, recommending approval of General • Plan Amendment 89 -3(E) to the City Council. -, TRAFFIC STUDY NQ. 61 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. D USE PERMIT NO. 991 (AMENDED) . Fin in : 1. As approved, the proposed project is consistent with the Land Use Element of the General Plan and is compatible • with surrounding land uses. -7- COMMISSIONERS January 18, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX 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 the use of on- street parking for some of the church parking will not adversely affect surrounding properties. 4. That the proposed parish center, classroom additions and garage added to the church will not result in the increase in the demand for off- street parking during the peak hours of activity on Sundays. 5. That public improvements may be required of the applicant per Section 20.80.060 of the Municipal Code. 6. That the establishment, maintenance of operation of the existing and proposed church facility will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. 2. That the Use Permit No. 991 (Amended), as approved by the Planning Commission on July 19, 1984 shall become null and void and that the temporary building shall be removed from the site at the time construction begins. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a standard use permit agreement and accompanying . surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to S1 COMMISSIONERS January 18, 1990 MINUTES 0 d d� c ' CITY OF NEWPORT BEACH ROLL CALL INDEX obtain a building permit prior to completion of the public improvements. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That a curb access ramp be constructed at the corner of Mar Vista Drive and Domingo Drive (north) and at the comer of Mar Vista Drive and Domingo Drive (south); that the existing trees be root pruned and the displaced curb, gutter and sidewalk be reconstructed along the Mar Vista Drive frontage; that the displaced curb and gutter at the bus stop on Domingo Drive southerly of Domingo Way be reconstructed along with any other displaced sections of sidewalk along the Domingo Drive frontage. All work shall be completed under an encroachment permit issued by the Public Works Department. 7. That all mechanical equipment and trash areas shall be • screened from public streets and adjoining properties. 8. That the required number of handicapped parking spaces shall be designated within the on -site parking areas and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 9. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -9- COMMISSIONERS January 18, 1990 MINUTES .o d, o� A CITY OF NEWPORT BEACH ROLL CALL 1 11 Jill INDEX Use Permit No. 1905 (Amended)(Public Hearing) Item No.4 UP1905A Request to amend a previously approved use permit which permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor dining area on property Cont'd to located in the C -1 -1-1 District. The proposed amendment involves 2-8 -90 a request to expand the existing restaurant by converting 576± of retail area to restaurant "net public area ". The request to expand the subject restaurant also represents a conversion of a portion of a building from a Base FAR use to a Reduced FAR use which also requires the approval of a use permit. LOCATION: Parcel 1 of Parcel Map 59 -17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: C -1 -1-1 • APPLICANT: Walter J. Heim, ALA, Newport Beach OWNER: Lido Marina Village, Newport Beach James Hewicker, Planning Director, requested that this item be continued to the February 8, 1990, Planning Commission meeting for further review. motion * Motion was made and voted on to continue this item to the All Ayes February 8, 1990, Planning Commission meeting. MOTION CARRIED. Use Permit No 3310 (Amende )(Public Hearing) Item No.s Request to amend a previously approved use permit that UP3310A. permitted the establishment of a nighttime only emergency animal hospital on property located in the M -1 -A District. The Approved proposed amendment involves a request to allow a daytime referral practice involving limited specialized surgical procedures whereas the existing use permit limits the hours of operation from 5:00 p.m. to 8:00 a.m. Monday through Thursday; between 5:00 p.m. Friday and 8:00 a.m. Monday; and all day on holidays. -1a COMMISSIONERS January 18, 1990 MINUTES I\ \ \ \ \ \ \\ CITY OF NEWPORT BEACH , ROLLCALI-111 Jill I INDEX LOCATION: Lot 5, Tract No. 3201, located at 3720 Campus Drive, on the southeasterly side of Campus Drive, between Bristol Street North and Quail Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Central Orange County Emergency Animal Clinic, Inc., Newport Beach OWNER: I.C.I. Properties, Newport Beach The public hearing was opened in connection with this item and Mr. Tom Walker, applicant, appeared before the Planning Commission wherein 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. Motion Motion was made and voted on to approve Use Permit No. 3310 All Ayes (Amended) subject to the findings and conditions in Exhibit "A". MOTION CARRIED. Findings: 1. That the proposed application is support service in nature and not an intensification of square footage of the existing structure, and as such, is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the proposed development. 3. That the change in the operational characteristics of the subject business will not have any significant environmental impact. 4. That the approval of Use Permit No. 3310 (Amended) will • not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the -11- COMMISSIONERS January 18, 1990 MINUTES MIN, CITY OF NEWPORT BEACH 1 ROLL CALL I I J f i l l I I INDEX neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all applicable conditions of approval of Use Permit No. 3310 shall remain in effect. 3. That the operation of the facility shall be restricted to performing only specialized surgical procedures and only on a limited basis between the hours of 8:00 am. and 5:00 p.m. Monday through Friday. 4. That should the facility desire to develop a general animal care facility in addition to the emergency animal hospital and the specialized surgical referral practice, an amendment to this use permit shall first be obtained. 5. 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. 6. 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. Use Permit No. 3373 (Public Hearing) Request to permit the establishment of an automobile repair facility on property located in the C -1 -H District. Is LOCATION: Parcel No. 1 of Parcel Map 71 -18 (Resubdivision No. 478), located at 1000 West Coast Highway, on the northerly side -12- COMMISSIONERS ROLL CALL 40 January 18, 1990 MINUTES CITY OF NEWPORT BEACH of West Coast Highway, across from the easterly end of the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Esmaiel Fadaee, Newport Beach OWNER: Deeb Investments, Inc., Toluca Lake James Hewicker, Planning Director, stated that a building permit is pending for alterations to the subject structure in the event that the subject use permit is approved. In response to questions posed by Commissioner Debay, Mr. Hewicker stated that the business has been operating for approximately three months, and there have been no complaints regarding the existing operator. Mr. Hewicker explained that the previous owner obtained the approval of Use Permit No. 3285 so as to install automobile accessories at the subject location; however, he said that when the subject applicant purchased the business and obtained a Business License, the applicant was not informed of the existing use permit. Commissioner PersBn indicated that a method needs to be implemented through the Business License Division to inform a new business owner of an existing use permit on the premises. In response to a question posed by Commissioner Edwards regarding parking, William Laycock, Current Planning Manager, explained that parking would not be impacted by the proposed construction inasmuch as the overhead doors are being moved from one side to the other side of the building. The public hearing was opened in connection with this item, and Mr. Esmaiel Fadaee, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Di Sano, Mr. Fadaee explained that only general auto repair is provided; that they do not rebuild engines; and if any engine repair is performed, there are enough parking spaces within the building to permit the automobile to remain overnight. -13- m *� COMMISSIONERS January 18, 1990 MINUTES CITY OF NEWPORT BEACH ■ ROLL CALL 1 ! 1 J i l l 1 I INDEX Motion • All Ayes 10 There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Use Permit No. 3373 subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n supported the motion; however, he emphasized the need for new business owners to be notified of existing use permits. Chairman Pomeroy suggested a method be implemented between the Business License Division and the Planning Department. Robin Flory, Assistant City Attorney, stated that the City Attorney's Office is implementing a policy that will require a Business License applicant to complete and submit a form to the Planning Department for review. Commissioner Pers6n indicated his support of the City Attorney's proposal. Mr. Hewicker explained that the City Council has discussed procedures with the City Attorney's Office that would put businesses requiring use permits on notice. Commissioner Pers6n addressed the expeditious action taken by the applicant after he had been approached by a Code Enforcement Officer that the business was operating illegally. Motion was voted on to approve Use Permit No. 3373 subject to the findings and conditions in Exhibit "A". MOTION CARRIED. Findings: 1. That the proposed application is not an intensification of the existing use, and as such, 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 adequate parking exists on -site to serve the auto repair facility. 4. That the establishment of the subject business will not have any significant environmental impact. -14- COMMISSIONERS January 18, 1990 MINUTES JP \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLLCALL111 Jill I I INDEX 5. That the approval of Use Permit No. 3373 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 development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the paved parking areas on the subject property shall be resurfaced. That the parking lot layout shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be approved by the City Traffic Engineer. -15- 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further. review by the City Traffic Engineer 4. That a minimum of twelve (12) independently accessible parking spaces shall be provided on -site for the customers and employees of the proposed auto repair facility. That existing landscaping within the sight line of the driveway entrances shall not exceed 24 inches in height and shall be subject to further review by the City Traffic Engineer. 5. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 6. That all repair and service activities to include the storage of tires and other auto related parts or merchandise shall be located inside the building. 7. That no vehicle waiting for service shall be parked outside of the building for a period longer than twenty-four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. -15- COMMISSIONERS January 18, 1990 MINUTES d 0 db �0' 0 \CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That no vehicles waiting for service or pickup shall be stored on West Coast Highway or on any other public street or other public property. 9. That automobile body, frame and fender repairs, painting, automobile washing and polishing or detailing shall not be permitted on -site unless an amended use permit is first approved by the Planning Commission. 10. That the hours of operation shall be limited between the hours of 8:00 a.m. and 6:00 p.m., daily. 11. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. Signs indicating "for sale" or "lease" shall not be permitted in the windshield of autos or elsewhere on the site. Also that any signs in or on the windows of the building shall be included as separate signs and subject to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. i12. That all employees shall park on -site at all times. 13. That all improvements be constructed as may be required by Ordinance and the Public Works Department. 14. 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. 15. 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. • -16- COMMISSIONERS January 18, 1990 MINUTES IW \\��\i\ CITY OF NEWPORT BEACH ROLL CALL 1 I I INDEX Modification No 3647 (Referred by the Modifications Item No.7 Committee)(Public Hearing) Mod 3647 Request to permit additions and alterations (currently under construction) to an existing single family dwelling, a portion of Approved which encroaches 2 feet 1 inch ± into the required 6 foot interior side yard setback on property located in the R -1 -13 District. LOCATION: Lot 144, Tract No. 1237, located at 448 Rivera Terrace, on the southwesterly corner of Rivera Terrace and Seaward Road, in Corona Highlands. ZONE: R -1 -13 APPLICANT: A. Martin Morgenstern, Corona del Mar OWNERS: Corinne and A. Martin Morgenstern, Corona • del Mar The public hearing was opened in connection with this item, and Mr. David Baade, attorney for the applicant, appeared before the Planning Commission. Mr. Baade referred to a letter dated January 9, 1990, addressed to the Planning Commission from Mr. Baade regarding the subject modification. In reference to a statement made by James Hewicker, Planning Director, indicating that the question was raised if a modification is necessary, Mr. Baade explained that the wording in the Zoning Code as to the definition of "cessation of a nonconforming use" is not clear; therefore, the intent of the applicant should be the determining factor inasmuch as it was not the intent of the applicant to give up the nonconforming use. Mr. Baade explained that because it was necessary to comply with the height restrictions in the CC &R's of Corona Highlands, a portion of the living area was required to be built under the structure which maintained a 4 foot side yard setback; therefore, in order to construct the footings and retaining walls, it was necessary that the wall of the building be demolished and rebuilt in the same location. Mr. Baade said that the City Attorney's opinion is that after the wall is demolished the wall ceases to be nonconforming; however, he • said that to demolish a wall to facilitate construction and then rebuild the wall in exactly the same location as before is not a -17- COMMISSIONERS January 18, 1990 MINUTES .o CITY OF NEWPORT BEACH ROLL CALL INDEX cessation because there was not an intent to cease the nonconforming use. Commissioner Pers6n and Mr. Baade discussed a controversy that has occurred between the Morgenstern and the Cashes, adjacent property owners westerly of the subject property. Commissioner Debay addressed the necessity of removing the wall of the structure so as to construct the footings and retaining walls for the subterranean area of the residence. Martin Morgenstern, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". Mr. Morgenstern addressed the controversy that has occurred with the adjacent property owners. Mr. Morgenstern advised that the Cashes requested that a portion of the subject structure be removed so the adjacent property owners' view of the proposed golf course would not be impacted, and he agreed to cut back • four inches so as to maintain an aesthetically pleasing design. He said that the Cashes requested an exact measurement of four inches; however, he agreed to 'approximately' four inches inasmuch as construction materials could result in the measurement not being exactly four inches. Mr. Morgenstern stated that a compromise was made with the Cashes not to construct an eave surrounding the chimney, and the remaining eaves on the dwelling unit be constructed no more than 18 inches wide. Mr. Morgenstern stated that the neighbors who would be impacted by the subject property were contacted, and two of said neighbors requested a low profile of the roofline. Mr. Morgenstern described how the structure was designed so as to maintain a low roofline. In response to Commissioner Debay's foregoing question regarding the necessity to demolish the wall, Mr. Morgenstern described the area that was excavated and, based on the note on the plan requesting that the structure be properly supported, the wall was removed. Mr. Morgenstern concluded that if he had been aware that problems would develop from the removal of the wall he would have requested that the wall remain. • Commissioner Pers6n and Mr. Morgenstern discussed the Cash's concern, and Mr. Morgenstern stated that he would abide by the -18- COMMISSIONERS January 18, 1990 MINUTES � 4\\\ O CITY OF NEWPORT BEACH ROLL CALL INDEX Cash's requests with the exception that he would agree to only cut back the structure 'approximately' four inches. In response to a question posed by Commissioner Merrill, Mr. Morgenstern replied that he has resided on the subject property for. approximately four years. Mr. Morgenstern concluded that the new structure was not moved from the original location; the wall's impact remains the same as before it was demolished; to move the wall would be a financial hardship; the new dwelling will enhance the neighborhood; that the project complied with the CC &R's of Corona Highlands and was approved by the Homeowner's Association; that the structure's height was a primary consideration; that the Cashes original complaint addressed the six foot side yard setback; that 10 feet separates the Cash residence from the subject structure; and the subject structure was not built to the maximum setback area. Mr. Norris Cash, property owner of 444 Rivera Terrace, • appeared before the Planning Commission. Mr. Cash commented that his primary residence is in Northern California. He said that the property at 444 Rivera Terrace was rented from June 1, 1989, to December 31, 1989. Mr. Cash described the effort that he made to come to a written agreement with the Morgenstern concerning the removal of 4 inches of the structure at the rear of the subject property. Commissioner Edwards commented that the dispute appears to be entirely between the applicant and the Cashes. In response to questions posed by Commissioner Edwards, Mr. Cash replied that his residence consists of a single family residence with one kitchen, three bedrooms, two baths, living room, small family room, and a two car garage. Mr. Cash further replied that when he purchased his property six years ago, the subject property was constructed approximately two feet into the side yard setback. Commissioner Di Sano stated that irrespective of accommodative language regarding 'approximately' or 'exactly' 4 inches, once a red tag appears and there is a violation, the City's position does not change. Commissioner Di Sano concurred with Commissioner Edwards' foregoing statement. • -19- COMMISSIONERS January 18, 1990 MINUTES � \\ CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Cash described the detrimental impact that the proposed structure would have on his property inasmuch as the dwelling reduces light and air, and he indicated a six foot side yard setback would improve their quality of life. Commissioner Debay commented that the proposed structure extends 2 feet 1 inch into the side yard adjacent to the Cash residence. Commissioner Merrill commented that the Planning Commission does not protect private views from private property. He said that he would not agree to cut back the comer of the subject structure inasmuch as the Planning Commission does not become involved with said issues. Commissioner Pers6n stated that the subject modification came to the City based on a complaint by the Cashes, and he indicated that he had a desire that the two parties would come to a compromise without the Planning Commission becoming involved with the issues. He indicated that the wall of the structure that the contractor demolished in the side yard setback was in error. Mrs. Carolyn Cash, appeared before the Planning Commission. Mrs. Cash explained how the subject project could have been designed so there would not have been an impact on their property. In response to a question posed by Commissioner Debay, Mrs. Cash replied that they have resided in their home thirty percent of the time during the past six years. Mr. Morgenstern reappeared before the Planning Commission to address concerns that were expressed by the Cashes. He addressed their request to move the television set, and be indicated that he agreed to reduce the size of the fireplace to a three foot width; however, he said the Cashes expressed a concern with regard to the eaves. Mr. Morgenstern further responded that there is a Fire Department regulation requiring a window to be easily accessible. He explained that based on the inaccessibility of the two parties, it was difficult to review the written agreement with Mr. and Mrs. Cash prior to the Planning Commission meeting. -20- COMMISSIONERS January 18, 1990 MINUTES A O� CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Debay and Mr. Morgenstern discussed the height of a wall that would be allowed along the side property line in accordance with the Homeowner Association's CC&R's. Commissioner Debay commented that a wall could be constructed on the side property line within four feet of the Cash's property. In response to a question posed by Commissioner Glover, Mr. Morgenstern confirmed that the proposed project has been approved by the Corona Highlands Homeowner's Association. Commissioner Di Sano asked what would the Planning Department have replied if the contractor had conferred with the Planning Department prior to the demolition of the wall. Mr. Hewicker replied that the Planning Department would have suggested to either retain the existing wall of the structure or apply for a modification to construct a new wall. Mr. Hewicker explained a conceivable scenario wherein it was an attempt by the architect to retain the wall, and the contractor's decision to • demolish and reconstruct a new wall. Chairman Pomeroy asked if it would have been possible to demolish one -half of the wall, rebuild that portion of the wall, then demolish and rebuild the second half of the wall to maintain the nonconforming use without violation? Mr. Hewicker explained that the zoning regulations require the original wall be retained. Commissioner Merrill and Mr. Hewicker discussed the notes that were attached to the plans that were submitted to the City by the architect with respect to removing the front and back walls and the side walls, and the contractor's interpretation of the notes. Commissioner Edwards questioned if the new wall is larger than the old wall and would the new wall obstruct air and light. Mr. Morgenstern described the size of the new larger wall of the structure compared with the original wall. In response to a question posed by Commissioner Edwards regarding if a fence fell down under natural conditions, Mr. Hewicker explained that if the fence fell down because of a natural disaster, the property owner would be able to legally rebuild said fence. Mr. Morgenstern further replied that none of the original wall of the • residence that encroached into the side yard setback remains. -21- COMMISSIONERS January 18, 1990 MINUTES CITY OF NEWPORT BEACH 111 ROLL CALL I 11 I f i l l I , INDEX Motion All Ayes • • Mr. Morgenstern emphasized his desire to cooperate with all of the neighbors' requests several months ago when the plans were drawn. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Modification No. 3647 subject to the findings and conditions in Exhibit "A". Commissioner Pers6n indicated that the Modifications Committee would have approved the subject application based on the foregoing testimony. MOTION CARRIED. Finines: 1. That the as-built encroachment into the required 6 foot side yard setback is consistent with the previously existing structure. 2. That the side yard encroachment will not affect the flow of air or light to the adjoining residential property and that eaves would be allowed to extend to within 2 feet of the side yard property line. 3. That the approval of the side yard encroachment will not set a precedent for other lots of this subdivision. 4. That the approval of a modification to the Zoning code, so as to allow the encroachment into the required side yard setback will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following condition. -22- COMMISSIONERS January 18, 1990 MINUTES db �0' � \ CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That revised drawings shall be submitted to the Building Department which accurately depicts the encroachments, the distances from property lines, and the amount of demolition which actually has taken place. s : : The Planning Commission recessed at 8:45 p.m. and reconvened at 9:00 p.m. Amendment No. 696 (Public Hearing) stem No . s A696 Request to amend a portion of Districting Map No. 17 so as to establish a 10 foot front yard setback along Carnation Avenue (private street) which shall be measured from the original right- Approved of -way line of Carnation Avenue. LOCATION: Portions of Lots 8 and 14 and all of Lots 10 and 12 and a portion of abandoned Carnation Avenue, all in Block 231, Corona del Mar, located at 308 -312 Carnation Avenue (private), on the easterly side of Carnation Avenue, between Seaview Avenue and Bayside Drive, in Corona del Mar. ZONE: R -3 APPLICANT: Richard R. Duggan, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed. Motion * Motion was made and voted on to approve Amendment No. 6% All Ayes subject to the findings in Exhibit "A'. MOTION CARRIED. • -23- COMMISSIONERS January 18, 1990 MINUTES � d • CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the proposed ten foot front yard setback is the same as other required front yard setbacks designated on Districting Map No. 17 along Carnation Avenue. 2. That the proposed ten foot setback along the Carnation Avenue frontage of the subject property is compatible with the allowable scale of development in the R -3 District. 3. That the establishment of a 10 foot front yard setback on the subject property will not obstruct any public or private views from surrounding property. Amendment No 697 (Continued Public Hearine) Item No.9 Request to amend the Mariner's Mile Specific Plan (SP -5), A697 revising the permitted land uses in the Recreational and Marine Commercial areas consistent with the Newport Beach General Approved Plan and Local Coastal Program, Land Use Plan. Other amendments include changes to the development standards to (Resolution eliminate the concept of increased floor area in association with No. lzlz) certain incentive uses and other minor changes to the development standards. INITIATED BY: The City of Newport Beach Commissioner Glover requested a clarification of the following sentence as stated in the staff report: 'This existing office space becomes legal non - conforming as well, and conversion of other existing uses to office will only be permitted upon the provision of incentive uses:' Robert Lenard, Advance Planning Manager, explained that under the existing Mariner's Mile Specific Area Plan, offices are a permitted use and the change would be consistent with the General Plan and Local Coastal Program requiring incentive uses be provided in conjunction with office use. He said that under the existing plan a use permit is not required to replace a permitted use; however, it would be under the new plan. Commissioner Debay asked if the vacant space existing in the nonconforming buildings can be leased without an incentive use. -24- COMMISSIONERS January 18, 1990 MINUTES rO o CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Lenard explained that some of the old required incentive provisions that related to Base .85 FAR under the old Specific Area Plan will be allowed to be reoccupied with retail uses, a permitted use under the new plan as opposed to requiring a use permit under the old plan. James Hewicker, Planning Director, explained that there are uses included on the new list that heretofore did not require incentive uses such as personal services, which will now require an incentive use. Commissioner Debay stated that she was concerned with vacant space not being utilized. Commissioner Pers6n supported the subject Amendment based on the fact that by allowing the property developers to exceed the base FAR ratio to .10, in conjunction with incentive uses, the property owner was encouraged to over build the property. Commissioner Pers6n requested a clarification of the Mariner's Mile Specific Plan regarding setback requirements, stating that "A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future highway widening to an • ultimate width of 112 feet.". Don Webb, City Engineer, explained that the existing width of West Coast Highway is 100 feet and the extra 12 feet provides for the proposed widening on the inland side of West Coast Highway. Mr. Webb further explained that there is an additional setback requirement in Mariner's Mile beyond said 12 feet inasmuch as 50 percent of the property is required to be set back 10 feet and 50 percent is required to be set back 5 feet or an average of 7 -1/2 feet across the entire frontage. Commissioner Pers6n emphasized that it is essential that the options are kept open in this regard. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Amendment No. 697, All Ayes y and adopt Resolution No. 1212, recommending to the City Council the adoption of amendments to the Mariner's Mile Specific Plan. MOTION CARRIED. s : : • -25- COMMISSIONERS January 18, 1990. MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX ADDITIONAL BUSINESS: Add ' l Business Motion Motion was made and voted on to excuse Commissioner Debay All Ayes from the February 8, 1990, Planning Commission meeting. Debay Excused MOTION CARRIED. ADJOURNMENT: 9:05 p.m. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION i -2-