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HomeMy WebLinkAbout01/19/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 p.m. ymGF��N�9y y v DATE: January 19, 1989 y CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * * * All Planning Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of January 5. 1989: Minutes * of 1 -5 -89' n Motion was made and voted on to approve the January 5, * * * * * 1989, Planning Commission Minutes. MOTION CARRIED. Abstain Public Comments: Public Comments Mr. Sid Soffer requested information regarding the policy of giving parking credit when buildings are enlarged and which do not conform to current parking requirements. Posting of the Agenda: Posting of the Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, January 13, 1989, in front of City Hall. Reauest for Continuances: Request for Continuance James Hewicker, Planning Director, stated that the applicant, Chris R. Stephens, has requested that Item No. 2, Use Permit No. 3338, regarding the development of property located at 2421 - 16th Street, be continued to the February 9, 1989, Planning Commission.meeting. COMMISSIONERS MINUTES \00A9y0 om� January 19, 1989 ` N CITY OF NEWPORT BEACH ROLL CALL INDEX Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3338 to the February 9, 1989, Planning Commission meeting. Following a discussion regarding a request by the .owners, Douglas Salisbury of Newport Landing Restaurant and Michael B. Divaris of Edgewater Place, to continue Item No. 4, Use Permit No. 3076 and Use Permit No. 3122 (Amended) to allow said owners additional time to respond to the Planning Commission's concerns regarding the review of the subject use permits, the Planning Commission decided to open the public hearing and then continue the item to the February 9, 1989, Planning Commission meeting. Motion * Motion was made and voted on to review Use Permit No. Ayes * * * * * 3076 (Amended) and Use Permit No. 3122 (Amended) as Item No: * No. 4,' of the subject Planning Commission meeting. Absent * MOTION CARRIED. Exception Permit No. 34 (Public Hearing) Item No.l Request to permit the construction of 8 foot high EP N0.34' future - facility /construction signs which exceed 150 square feet in area where the Newport Place Planned Approved Community Development Standards permit only one on -site construction sign not to exceed 150 square feet in area and 4 feet in height... The proposal also includes a modification to the Zoning Code so as to allow the proposed signs to encroach 20 feet into the required 20 foot setbacks adjacent to Newport Place Drive and Dove Street. LOCATION: Parcel 1 of Parcel Map No. 88 -174 (Resubdivision No. 866), located at 4100 Newport Place Drive, on the northeasterly corner of Newport Place Drive and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Design 2, Santa Ana • OWNER: Newport Place Associates, Newport Beach The public hearing was opened in connection with this item, and Mr. Gary Underwood, applicant, appeared before -2- COMMISSIONERS MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX the Planning Commission. Mr. Underwood stated that he concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Edwards regarding Condition No. 3 which states "that the signs .shall be removed prior to occupancy of the building, ", Mr. Underwood concurred with said condition, and he explained the purpose of the construction wall. In response to a concern expressed by Commissioner Merrill regarding the construction wall that exists with the telephone numbers painted on same, Mr. Underwood explained that the applicants contacted staff regarding the graphics that are permitted without approval by the Planning Commission. Mr. Hewicker explained the size of the area that encompasses the telephone numbers. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Merrill and Mr. Hewicker discussed the Newport Place Planned Community temporary sign standards which states that a temporary sign shall not exceed 150 square feet in area. Motion * Motion was made and voted on to approve Exception Permit All Ayes No. 34 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS• 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any significant environmental impact. 3. That the granting of this exception will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City. 4. That the approval of a modification to the Zoning Code so as to permit the signs to encroach 20 feet into the required 20 foot setbacks adjacent to Newport Place Drive and Dove Street will not, under -3- COMMISSIONERS MINUTES ymo 9o9��y�yti January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX the circumstances of this case, be detrimental to the health, safety, peace, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code, inasmuch as the temporary construction fence could be erected along the street frontages of the property without the approval of a modification. CONDITION: 1. That development shall be. in substantial conformance with the approved plot plan and elevation. 2. That the existing construction wall shall be moved back at all street intersections and at private drives to provide sight distance in conformance with City Standard 110 -L. The sight distance requirement may be modified from City Standard 110 - L as approved by the Public Works Department. 3. That the signs shall be removed prior to occupancy of the building. Use Permit No. 3338 (Public Hearing) Item No.2 Request to permit the construction of six double car Up3338 garages, eight single car carports and 25 open parking spaces in conjunction with an existing 14 unit apartment Continued development on property located in the Unclassified to District. 2_9_89 LOCATION: A portion of Lot 47, Newport Heights Tract, located at 2421 16th Street, on the southerly side of 16th Street, between Tustin Avenue and Irvine Avenue, in Newport Heights. ZONE: Unclassified • APPLICANT: Chris R. Stephens, Costa Mesa OWNER: Real Estate Exchange Services, Costa Mesa -4- COMMISSIONERS MINUTES ymG�„�9o9y�v�o off. January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the February 9, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. All Ayes .3338 to the February 9, 1989, Planning Commission meeting. MOTION CARRIED. A. Traffic Study No. 53 (Public Hearing) Item No.3 Request to approve a traffic study so as to permit the TS No.53 construction of five mixed use commercial /residential buildings to be constructed on property located in the Approved C -1 District; and the 'acceptance of an environmental document. UP 3337 AND Approved B. Use Permit No. 3337 (Public Hearing) • Request to permit the construction of a combined LLA 88 -7 residential /commercial development containing five dwelling units over commercial development on five Withdrawn individual lots located in the C -1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces for the CRDP 13 commercial uses where the Zoning Code requires that all commercial parking spaces be independently accessible. Approved AND Variance C. Lot Line Adjustment No. 88 -7 (Public Hearing) No. 1149 Request to adjust the interior contiguous lot lines of Withdrawn five lots located in the C -1 District. AND Variance No. 1149 (Public HearinO Request to allow one of the adjusted lots on the subject property to have a width of less than 25 feet where the Zoning Code requires a minimum lot width of 25 feet in the C -1 District. AND 5- COMMISSIONERS MINUTES i p 6 y °G� \rr January 19, 1989 \0'p CITY OF NEWPORT BEACH ROLL CALL INDEX E. Coastal Residential Development Permit No. 13 (Discussion) Request the approval of a Coastal Residential Development Permit for the purpose of establishing .project compliance pursuant to the administrative guidelines for the implementation of the State law relative to low and moderate income housing within the Coastal Zone in conjunction with the proposed construction of a combined residential /commercial development on property located in the C -1 District. LOCATION: Lots 4 -8, Block 8, Balboa Tract, located at 607 -615 East Balboa Boulevard, on the southwesterly corner.. of East Balboa Boulevard and Washington Street, in Central Balboa. ZONE: C -1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach Commissioner Pers6n.stepped down from the dais because of a conflict of interest. James Hewicker, Planning Director, explained that the 1.6 Floor Area Ratio was established by combining .50 FAR for commercial use, ,.75 FAR for the residential use, and .35 FAR that was adopted by the General .Plan Amendment, allowing for above grade structurized parking. In reference to restrictions on uses that would be permitted on the ground floor of the commercial area, Mr. Hewicker explained that the Planning Commission has the right to add a condition to the use permit that would require a use permit beyond uses that currently require use permits in the event the Planning Commission had concerns regarding intensification of traffic and parking in the area. Mr. Hewicker stated that Lot Line Adjustment No. 88 -7 has been withdrawn by the applicant, and that staff has recommended a condition to the use permit which would • require the applicant to file a resubdivision. He further stated that the project has been redesigned so that a variance is no longer required; therefore, Variance No. 1149 has been withdrawn. -6- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 19, 1989 ROLL CALL INDEX Don Webb, City Engineer, requested that Condition No. 14 for Use Permit No. 3337 be modified to state "..that the curb return at the corner of Washington Street and Balboa Boulevard be reconstructed to a 20 foot radius.." instead of 25 foot radius. Mr. Webb requested that Condition No. 25 be added to Use Permit No. 3337 which would state "that the first floor for development located at 613 East Balboa Boulevard be set back a minimum of 4 feet to provide vehicular sight distance at the intersection of Washington Street and East Balboa Boulevard." Mr. Webb explained that the applicant does not have any objections to setting same back; however, he commented that the applicant would like the option to "flip flop" 611 and 613 East Balboa Boulevard and 615 Balboa Boulevard, if necessary. Commissioner Debay suggested that the parking meters in front of the commercial site could be metered to limit the parking to thirty minutes for the commercial uses at the subject site. He said that the site does not include . a large area where thirty minute parking is immediately adjacent to a commercial use, and that the metered parking is used by the general public. In response to questions posed by Commissioner Edwards, Mr. Hewicker stated that the subject project would not have any significant environmental impact as stated in the findings in the attached Exhibit "A ". Mr. Webb replied that as indicated in the Traffic Study, the proposed uses at the subject site would not have an impact. The public hearing was opened in connection with this item, and Mr. Paul Balalis, applicant, appeared before the Planning Commission. Mr. Balalis presented background information regarding how and why the applicants instituted the concept of the combined residential and commercial development on the subject property. He stated that during the planning stages, the applicants contacted local residents and the commercial community regarding how they would perceive a Specific Area Plan in Central Balboa. He said that the results included lower intensity projects and more individual ownership, and Mr. Balalis concluded the subject project could be considered a prototype of a • future Central Balboa Specific Area Plan. -7- COMMISSIONERS MINUTES \J*January 19 , 1989 '0 f�PO��o CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Balalis presented an overview of the proposed project that includes five buildings, each building includes approximately 1,000 square feet of retail space on the lower level and 2,000 square feet of residential space on the upper level. He stated that two parking spaces would be provided for each residential unit, and four parking spaces for each commercial business. Mr. Balalis commented that the corner parcel located on Washington Street would consist of 500 square feet of commercial space on the lower level and approximately 1,500 square feet of residential space on the upper level. Mr. Balalis explained that the combined residential /commercial buildings are similar to units that have been successful in the Cannery Village area, and he commented that the Balboa community requested more of the same types of units. Mr. Balalis referred to staff's comments regarding a condition that would require a use permit for uses that currently do not require use permits, and he cited the additional expense and the time consuming process that • would be required. Mr. Balalis cited uses such as a walk -up bank, a full service hair salon, a travel agency, and a flower shop that are no 'longer available because only tourist- related businesses can survive the rent increases in the area. Mr. Balalis stated that he concurs with the findings and conditions in Exhibit "A ", and he concurred with modified Condition No. 14 and added Condition No. 25 as suggested by Mr. Webb. He commented that the sight distance on Washington Street would be improved because of the project's additional setback from the front property line. Mr. Balalis explained that so as to eliminate a solid wall of buildings, the project was designed to set back some of the buildings, to landscape the front, and to extend a portion of the second floor area. Mr. Balalis requested the option to shift the project's buildings, if necessary, which would allow one building on the front property line and another building set back from the front property line. In reference to Condition No. 7 which states "the lighting plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement • has been met. ", Mr. Balalis requested that said condition be modified to state that instead of an -8- COMMISSIONERS MINUTES G ao9�y�rti8r. January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX electrical engineer that the applicants be allowed to contact the architect of the project to do the design of the lighting and have same approved by staff. In reference to Condition No. 19 which states that "Sound level measurement shall be taken and a certificate of sound verification shall be submitted to the City.. ", Mr. Balalis suggested that to eliminate an additional expense that an acoustical engineer design the product to meet the 45 dBA only. Mr. Hewicker concurred with the applicants request to modify Condition No. 7. In reference to Condition No. 19, Mr. Hewicker responded that the condition is a mitigation measure in the Environmental Document, and he explained that there have been previous projects where an assembly was recommended by a professional Engineer practicing in acoustics for the purpose of attenuating noise and the City found that the device was not successful. Mr. Hewicker stated that the City would prefer to have evidence on file that the noise levels • attenuated to 45 dBA. Commissioner Edwards indicated that the condition should remain inasmuch as the Environmental Document, (6.b.) states that the project will result in exposure to traffic noise. In response to questions posed by Commissioner Winburn regarding the availability of the parking spaces, Mr. Balalis explained that each of the buildings will be secured with a chain to exclude individuals who do not belong on the premises from parking on the site, and he said that the tenants would be able to control the parking. Mr. Bill Wren, 1118 East Balboa Boulevard, representing the Balboa Peninsula Point Association, appeared before the Planning Commission in support of the proposed project. Mr. Wren stated that after the applicant presented the project to said Association, that the members regarded the project to be a prototype of the future Specific Area Plan. He said that the development's size, architectural features, and landscaping would benefit the area. In response to a question posed by Commissioner Edwards regarding said Association's support of the project an their consideration of traffic generation, noise and parking, Mr. Wren explained that the Association supports tandem parking for the commercial area, especially if the front parking spaces are restricted to 9 COMMISSIONERS MINUTES ymG�����9CC�`v�msy January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX employees only. He said that the applicants are providing the required number of parking spaces, and that the parking area would be restricted to tenants and customers only and would not be available to adjacent businesses. Ms. Betty Noekel, representing the Rendezvous Condominiums, stated that the tenants have been notified of the proposed project and to date they have not received any objections. Ms. Britta Kvinge, President, Balboa Improvement Association, stated that after Mr. Balalis made a presentation to said Association, the members supported the development and specifically, the architectural features of the project t. Ms. Kvinge concurred that the project should be considered a prototype of the future Central Balboa Specific Area Plan. There being no others desiring to appear and be heard, • the public hearing was closed at this time. In response to questions posed by Commissioner Di Sano regarding use permit applications, Mr. Hewicker explained that a use permit can be applied for either by the property owner or by a proposed tenant. He commented that the City is not always informed who submits the one time fee of $867.00. Commissioner Di Sano ..stated that the project has aesthetic appeal, and he compared that appeal to the Bank of America building that has been on the subject site for sixty years. He commented that the Bank of America clock will be installed on one of the proposed buildings for historical significance. Commissioner Di Sano stated that the Bank of America building is a buffer within a heavily used retail area, and he addressed his concerns regarding the intensification of commercial uses that could be established on the subject site, i.e.: a versateller machine, nail salon, and muffin shop. Commissioner Edwards referred to Condition No. 11, and he stated that he has concerns regarding on -site parking, vehicular and traffic circulations, and he questioned if they could be alleviated? Mr. Webb • responded that staff has concerns regarding tande commercial parking; however, he said that there have been no complaints regarding tandem parking within the Cannery Village and Balboa Island areas. -10- COMMISSIONERS MINUTES mG�y 9so�y``�Ny� January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Merrill stated that he had concerns regarding the generated traffic as it was discussed during the General Plan public hearings; however, he pointed out that the project has the support of the, community. Motion *. Motion was made to approve Use Permit No. 3337, Coastal Residential Development Permit No. 13, Traffic Study No. 53, and related Environmental Document, subject to the findings and conditions in Exhibit "A ", including amendments to Use Permit No. 3337 as follows: Condition No. 7 "...plans shall be prepared and signed by.a licensed Electrical Engineer and /or architect, with a letter from the Engineer and /or architect,... ", Condition No. 14 "..Balboa Boulevard be reconstructed to a 20 foot radius... ", and Condition No. 25, "That the first floor development on property located at 613 East Balboa Boulevard be set back a minimum of 4 feet to provide vehicular sight distance at the intersection of Washington Street and East Balboa Boulevard including the option to "flip- flop" the buildings located at 611 • and 613 East Balboa Boulevard." In response to concerns expressed by Commissioner Debay regarding retail uses that would be permitted within the proposed project, Mr. Hewicker explained that under the provisions of the C -1 District, all retail uses would be permitted without a use permit unless the Planning Commission added a condition stating otherwise. In response to a question posed by Commissioner Merrill regarding Condition No. 24 that allows the Planning Commission to call up the use permit, Mr. Hewicker explained that the Planning Commission could call up the use permit if tandem parking or some operational characteristics of the proposed development becomes a problem. Carol Korade, Assistant City Attorney, explained that it would be very difficult to evict a tenant unless said tenant does not follow the guidelines of a use permit. Discussion ensued between Commissioner Merrill and Mr. Hewicker regarding walk -up bank tellers, and any traffic congestion created by said business would become a Public Works or police problem. In response to questions posed by Commissioner Edwards regarding the foregoing Condition No. 11, Mr. Hewicker . stated that it is a standard condition that is put on a use permit application by the Traffic Engineer in order to do minor parking and circulation adjustments. Mr. Webb explained that the original circulation plan that is submitted to the Traffic Engineer does not have -11- COMMISSIONERS MINUTES mG �o�9y�vy January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX sufficient dimensions for the Traffic Engineer to check to be certain that their concerns are met. In response to questions posed by Commissioner Dehay, Commissioner Winburn explained that the project is proposed to provide 100 percent of the parking on -site and it is located within one -half block of the Municipal Parking Lot. The public hearing was reopened in connection with this item, and Mr. Balalis reappeared before the Planning Commission. Mr. Balalis stated that the applicants would comply with an added condition that would require a future tenant to apply for a use permit for specific uses, and he suggested that the uses under the C -1 District may need to be reviewed by the Planning Commission and City Council inasmuch as some uses do not require use permits. Mr. Hewicker stated that it would be difficult to compare the many different types of commercial centers within the City. Chairman Pomeroy stated that the residents of the area support the project, that the development provides the required parking, that it is not a massive project, and that it complies with the requirements of the adopted General Plan Amendment. Ayes * * * * Motion was voted on to approve Use Permit No. 3337 as Abstain * modified, Coastal Residential Development Permit No. 13, Absent * Traffic Study No. 5.3, and related Environmental Document. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. B. Traffic Study No. 53: Approve the traffic study with the following findings and subject to the following conditions: -12- COMMISSIONERS MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Findings: 1. That a traffic study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and 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. 3. That the traffic study indicates the project- generated traffic will not be. greater than one percent of the projected peak 2.5 hour volumes at any approach of any intersection analyzed. C. Use Permit No. 3337: Approve the use permit with the following findings and subject to the following • conditions: Findings: 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 3. That the design of the development or 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. 4. The approval of the modification to the Zoning Code so as to allow the use of tandem commercial parking spaces 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 an improvements in the neighborhood or the general welfare of the City and further that the propose -13- COMMISSIONERS MINUTES mG �9�'�9Z3c .January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX modification is consistent with the legislative intent of Title 20 of this Code. 5. The approval of Use Permit No. 3337 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 proposed development shall be in substantial conformance with the approved plot plan, floor plans,'and elevations, except as noted below. 2. That prior to the approval of building permits the applicant shall obtain the approval of a resubdivision from the City and the Coastal Commission so as to resubdivide the five existing lots into three parcels in accordance with the approved site plan. 3. That all mechanical equipment and trash areas shall be screened from Washington Street, the alley and adjoining properties. 4. That all signs shall conform to the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 6. 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. 7. That the lighting system for the proposed project shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer and /or architect; with a letter from the Engineer and /or architect stating that, in his opinion, this requirement has been met. -14- COMMISSIONERS MINUTES p0 �9y January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. 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 obtain a building permit prior to completion of the public improvements. 10. That each dwelling unit and commercial 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. 11. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 12. That the intersection of Washington Street and the alley drive be designed to provide sight distance as approved by the Public Works Department. Landscaping within the sight line shall not exceed twenty -four inches in height. 13. That a 15 foot wide radius corner cutoff at the corner of Washington Street and Balboa Boulevard be dedicated to the public. 14. That deteriorated curb and sidewalk be reconstructed along the Balboa Boulevard and Washington Street frontages, that the drive apron on Balboa Boulevard be removed and that the curb return at the corner of Washington Street and Balboa Boulevard be reconstructed to a 20 foot radius with a handicap ramp included. All work shall be completed under an encroachment permit issued by the Public Works Department.. 15. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 16. That all vehicular access to the property be from the adjacent alley. 17. That County Sanitation District fees be paid prior to issuance of any building permits. 15 COMMISSIONERS MINUTES January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 18. That the Public Works Department plan check and inspection fee be paid. 19. The interior noise levels of the residential units will be reduced to achieve a maximum sound level of 45 dBA, through proposed mitigation measures. These measures shall include, but not limited to, sound insulation and double glazed glass. Sound level measurement shall be taken and a certificate of sound verification shall be submitted to the City before the issuance of the certificate of occupancy. 20. A photo survey of the building will be conducted before the issuance of the demolition permit, and these photos will be maintained in the photo collection of the Balboa Pavilion. 21. That a minimum of two garage parking spaces shall be provided for each dwelling unit. • 22. That the existing utility poles located adjacent to the alley shall be relocated or undergrounded so as not to interfere with required access to on -site parking spaces. Said relocation shall be subject to the approval of the Public Works Department and any affected utility company. 23. That an easement for pedestrian access' be granted from Parcel 2 for the benefit of Parcel 1. 24. 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. 25. That the first floor development on property located at 613 East Balboa Boulevard shall maintain a minimum front yard setback of 4 feet so as to provide sight distance at the intersection of Washington Street and East Balboa Boulevard. The applicant has the option to "flip -flop" the • proposed buildings located at 611 and 613 East Balboa Boulevard. -16- COMMISSIONERS MINUTES y�Gyo`�9�y�vti January 19, 1989 yy9 y "0\0\ A CITY OF NEWPORT BEACH ROLL CALL INDEX D. Coastal Residential Development Permit No. 13 Findings: 1. That a feasibility analysis has been performed which has indicated that it is not feasible to provide affordable housing on -site or off -site in conjunction with the proposed project. 2. That the proposed development has met the requirements of City Council Policy P -1. Condition: 1. That all conditions of approval of Use Permit No. 3337 shall be fulfilled. Use Permit No. 3076 and Use Permit No. 3122 (Amended) Item N0.4 (Public Hearing) UP 30 76 Request to consider reviewing Use Permit No. 3076 of the Newport Landing Restaurant and Use Permit .No. 3122 UP3122A (Amended) of the Edgewater Place complex, including the Parker's Seafood Grill and the Edgewater parking Continued structure in Central Balboa. to 2 -9 -89 LOCATION: Lots 1 -12, an unnumbered lot, and a portion of a vacated alley, all in Bloc 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract; an a portion of vacated Edgewater Place, located at 309 Palm Street and 503 Edgewater Place, on the northerly side of East Bay Avenue between Palm Street an Adams Street, in Central Balboa. ZONE: C -1 OWNERS: Douglas L. Salisbury, Irvine (Newport Landing Restaurant); Michael B. Divaris, Virginia Beach, VA (Edgewater Place) Commissioner Pers6n stepped down from the dais because • of a possible conflict of interest. James Hewicker, .Planning Director, presented a brie report regarding why the subject use permits were being reviewed by the Planning Commission. He stated that the 17 COMMISSIONERS MINUTES ti�G9� yoy�l9!'0 0� January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX primary problems concerning the subject restaurants have been that the employees are not parking in the parking structure as they were required under the original Use Permit No. 3122; that the operator of the parking structure is charging a fee that staff feels is not .conducive to the establishments' patrons to park in the .parking structure; noise emanating from the restaurants' live entertainment during the summer months; that handicapped parking stalls were to be provided behind the Newport Landing Restaurant but instead fuel storage tanks for the marine service station and a trash enclosure were installed; and that the restaurants are using loudspeakers that were not approved to page patrons outside of the buildings. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the Edgewater Place Development including Parkers Seafood Grill, and to act as a spokesman for the Newport Landing Restaurant. Mr. King stated that all of the interested parties have . been contacted regarding the City's numerous concerns. Mr. King stated that the Stauffer Corporation in Virginia owns Parkers Seafood Grill, and they have been contacted by individuals representing Edgewater Place regarding a parking agreement. He said that Edgewater Place has filed for reorganization under Chapter 11 and they are in the process of restructuring their debt with the banks. In reference to the fuel tanks that are located on the site designated for handicapped parking, Mr. King explained that there was a fuel tank on the site before the site was developed and now additional fuel tanks have been added. Mr. King addressed the delivery schedules of the fuel, food and restaurant supplies, and the trash pickup which is contracted for privately. He stated that it is difficult to coordinate said deliveries during the daytime hours so as not to disturb the adjacent neighbors. Mr. King indicated that insurance companies have stated that they have concerns regarding handicapped individuals exiting from automobiles over the fuel tank area inasmuch as there could be spillage. In reference to the fees charged for parking, Mr. King compared a $3,500,000 parking structure to a surface parking lot at the beach. He stated that the private parking structure is required to provide additional services that include a privately owned valet service, 18- COMMISSIONERS MINUTES 'k q q% January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX and extended operating hours, in addition to numerous operating costs. He pointed out that the owners of the parking structure have lost $30,000 during the past twelve months, and that they are attempting to restructure the management. Mr. King stated that .representatives from Stauffer Corporation in Virginia will be arriving to conduct additional meetings with staff and to resolve some of the issues concerning on- site tenants. In response to questions posed by Commissioner Di Sano, Mr. King replied that only Edgewater Place, not the restaurants or other tenants on the premises, are under Chapter 11. In response to a question posed by Commissioner Edwards regarding the pending bankruptcy proceedings, Carol Korade, Assistant City Attorney, explained that the only restriction that would curtail the Planning Commission action would be if the owners of Edgewater Place requested that the Bankruptcy Court intervene and prevent the Planning Commission from taking action at this time. Ms. Pat Harrison, 2270 Channel Road, appeared before the Planning Commission on behalf of her father who resides at 415 Edgewater Place. Ms. Harrison stated that residents who reside in the 400 block of Edgewater Place, have contacted the Police Department regarding the noise emitting from the establishments during the summer months, and from the fishing boats and fishermen. Ms. Harrison also stated that the seagulls' attraction to the bait tanks was not a problem until the bait boat operation was established. Ms. Harrison stated that the alley is blocked by delivery, trash, and construction trucks throughout the day. In response to a question posed by Commissioner Winburn, Ms. Harrison stated that the problems concerning the fishing boats has been within the past one and one -half years. Mrs. McGee, property owner, 409 Edgewater Place, appeared before the Planning Commission. Mrs. McGee stated that she supports the mixed residential and • commercial area. She objected to the limousines dropping off their customers at the subject restaurants and then cruising through the alley of the 400 block of Edgewater Place for several hours, or parking the limousines illegally in the alley with their lights on. Mrs. McGee -19- COMMISSIONERS MINUTES y06t���N�99 y v B January 19, 1989 a�Pooy��'o�yo y ` CITY OF NEWPORT BEACH ROLL CALL INDEX suggested that the limousines could park in the Fun Zone parking structure. Mrs. McGee supports permit parking for the residents, and she referred to signs that residents install on various streets in the neighborhood that state only resident parking is permitted. Mrs. .McGee objected to the individuals that Del Taco Restaurant attracted when it was open 24 hours, and she commented that there was a very offensive odor that emitted from the pipes outside of the take -out restaurant. Mrs. McGee stated that all of the neighbors have made telephone calls regarding the restaurants' loudspeakers. In response. to a question posed by Mr. Hewicker, Mrs. McGee stated that she is aware of more noise coming from the Newport Landing Restaurant inasmuch as her property is closest to said restaurant, and she said that the restaurant's windows and doors are open during the summer months. In response to questions posed by Commissioner Edwards, • she said that she has contacted the Police Department regarding the noise, and they have come to her residence; however, she said that she had no knowledge if the restaurant had been cited. Mrs. McGee and Commissioner Di Sano discussed the traffic pattern that the limousines cruise while they wait for their customers, and also the illegal parking that blocks the alley for the residents. She stated that she did not know if the Police Department had been notified of the limousines. Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission regarding the procedure of how to implement a complaint to the Police Department so it would become a citation of disturbing the peace. Mr. Soffer and Ms. Korade discussed the charges of misdemeanor and felony as they would apply to a citizen's arrest. Mr. Soffer commented on his concerns regarding the restrictions of restaurant parking, and how said restrictions could affect the City in the future. Mr. Douglas Boyd, 2101 East Balboa Boulevard, appeared • before the Planning Commission in support of the Planning Commission's review of the subject use permits. There being no others desiring to appear and be heard, the public hearing was closed at this time. -20- COMMISSIONERS MINUTES Z�G� 9o9��y�yyyk January 19, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Motion * Motion was made to continue Use Permit No. 3076 and Use Permit No. 3122 (Amended) to the February 9, 1989, Planning Commission meeting. Commissioner Edwards suggested that after perusing the staff report and remarks made during the public hearing, that further review is necessary regarding the use of loudspeakers, noise emitting from the restaurants, and circulation of traffic. Commissioner Edwards and Ms. Korade discussed the penalty procedures that could occur against the establishments if the "Party House Ordinance ", "Second Responses ", or "Public Nuisance Abatement" policies were implemented. Ms. Korade also addressed the use permit process by revocation, or a condition could be added to the use permit that would set in motion one of the foregoing policies. Discussion ensued between Commissioner Debay, Chairman Pomeroy, Mr. Hewicker, and Ms. Korade regarding concerns of the live entertainment and noise. Ms. Korade concluded that she would request that Greg Armstrong, Police Department Environmental Services Coordinator appear at the February 9, 1989, Planning Commission meeting so as to address the Planning Commission's and the neighbors' concerns. In response to Commissioner Di Sano's request that the owners of the establishments be present at the February 9, 1989, Planning Commission meeting, the public hearing reopened, and Mr. King. reappeared before the Planning Commission. Mr. King explained that prior to recent changes by the Traffic Engineer, the owners were in agreement with the Planning Department's recommendations with minor modifications. Mr. King stated that concerns during the subject public hearing will be addressed. Commissioner Winburn requested the following information from staff regarding the 256 parking spaces that are located in the parking structure: the number of spaces required for uses on -site, and whether there are parking spaces not allocated to the uses on -site that may be available to the public. She explained that if the Planning Commission knew how many parking spaces were available to the public, it would be a better indicator regarding the fee that could be charged for said parking spaces. Commissioner Winburn stated that the intensity . of the project was approved on the basis that parking would be provided for the development. -21- COMMISSIONERS MINUTES f, o y'F No�� ym°'LFyP�y v 7, January 19, 1989 y 0\1 o� y CITY OF NEWPORT BEACH ROLL CALL I I I I I I INDEX Chairman Pomeroy stated that the restaurants could reimburse the parking structure fee to the patrons. Chairman Pomeroy stated that he did not consider the number of musicians as important as the noise emitting from the restaurants. Commissioner Winburn and Mr. King discussed the need to conclude the review of the subject use permits at the February 9, 1989, Planning Commission meeting. Mr. King addressed the handicapped parking spaces as aforementioned behind the Newport Landing Restaurant, and he referred to a proposed plan that indicates that said parking spaces could be shifted to the outside wall of the structure. Mr. King stated that a representative from the State of California visited the site and approved the recommended handicapped parking spaces as proposed by the owners. Mr. Webb and Mr. King discussed the issue of the automobiles backing out onto Adams Street from the handicapped parking spaces. Oent * * * * * * Motion was voted on to continue Use Permit No. 3076 * (Amended) and Use Permit No. 3122 (Amended) to the February 9, 1989, Planning Commission meeting. MOTION CARRIED. ADJOURNMENT: 9:32 p.m. Adjournment GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -22-