HomeMy WebLinkAbout01/21/1999• Planning Commission Minutes
January 21, 1999
Regular Meeting - 7:00 p.m.
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CITY OF NEWPORT BEACH
Commissioners Fuller, Ashley,Selich, Gifford, and Kranzley -all present
STAFF PRESENT:
Sharon Z. Wood, - Assistant City Manager
Patricia L. Temple- Planning Director
Robin Clauson, - Assistant City Attorney
Rich Edmonston- Transportation and Development Services Manager
Ginger Varin - Planning Commission Executive Secretary
Genia Garcia - Associate Planner
Patrick Alford - Senior Planner
Minutes of January 7. 1999:
Motion was made by Commissioner Fuller and voted on, to approve as written
the January 7}h Planning Commission Minutes.
Ayes:
Fuller, Ashley, Selich, Gifford , Kranzley
Noes:
None
Absent:
None
Abstain:
None
Public Comments None
Postina of the Agenda:
The Planning Commission Agenda was posted on Friday, January 15, 1999
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Minutes
Approved
Public Comments
Posting of the
Agenda
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
SUBJECT: Ward Residence (John E. Wells, applicant)
116 Kings Place
• Variance No. 1224
Request to permit an addition to an existing single family residence of which a
portion of the new construction exceeds the 24 foot height limit by
approximatelyl l feet.
Ms. Temple noted that this application was previously considered in 1998. At
the conclusion of the second public hearing, it was removed from the
calendar of the Planning Commission at the request of the applicant. Under
the terms of the Permit Streamlining Act, an application of this nature is
required to be acted on within a certain time frame. The time frame, within
which the application could become deemed automatically approved
through the operation of law, is coming upon us. Therefore, staff has placed
this item back on the agenda for final action by the Planning Commission. As
noted, the applicant has not submitted any new data or alteration to the
original application. Based on the information in the original staff report, it is
the recommendation of staff that the findings for the Variance can not be
supported. However, since the applicant has expressed an interest in
pursuing a subsequent modification to the application, it is staff's
• recommendation that the item be denied without prejudice, in order to allow
submittal of a new application in a shorter time frame than one year as
provided for by the Municipal Code.
In answer to Commission inquiry, Ms. Temple added that if the Planning
Commission takes an action to deny a variance, then a similar application
could not be submitted for a one -year period.
Public comment was opened and closed.
Motion was made by Commissioner Kranzley to deny, without prejudice,
Variance No. 1224.
Ayes: Fuller, Ashley, Selich, Gifford, Kranzley
Noes: None
Absent: None
Abstain: None
Findings:
1. The granting of a variance to allow portions of the roof and terrace level
rails to exceed the permitted height limit is not warranted by exceptional
or extraordinary circumstances or for the preservation and enjoyment of
substantial property rights of the applicant because:
• • The property owner could design a roof element that is not
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Item No. 1
V 1224
Denied without
prejudice
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
continuous, but steps down to follow the slope, which would meet
the permitted height requirements.
• The proposed structure without the additional height will provide
for a house that is comparable to existing houses in the area.
• Other homes in the neighborhood with similar topography have
been able to construct new dwellings, or remodel existing
dwellings, within the allowable height limit without the approval of
a variance for height.
• The requested variance is of a greater magnitude than previously
approved by the City on lots with similar topography.
SUBJECT: The Hertz Corporation
3955 Birch Street and 4000 Campus Drive
• Use Permit No. 3227 Amended
• Modification No. 4833
Request to permit an existing auto rental facility to expand its services to
include an auto sales operation and its site to inlude an additional lot. The
. proposal also includes a Modification to the Zoning Code to allow a ground
identification sign to encroach 9 feet into the required 15 foot front yard
setback along Campus Drive.
Ms. Temple noted an error on the vicinity map included on page 2 of the staff
report. The shaded area is intended to depict the project area, however, one
of the five lots involved in the application is not shaded and that is the one that
is labeled 4020. Additionally, the applicant expressed concern with the
wording of condition 9 in its clarity. Staff suggests the words, "for rental or for
sale" be removed from the condition because it could imply it was the rental or
sale that is prohibited rather than the off site storage.
Public comment was opened.
Paul Higgnis, 5000 Campus Drive representing Tom Hogan, owner of the added
parcel and Hertz. He noted that all of the parcels are ground leased by Hertz.
There is a signed lease and part of the contract is that Mr. Hogan will remove
the existing improvements.
Public comment was closed.
Motion was made by Commissioner Kranzley to approve Use Permit 3227A
and Modification 4833 with the edition to condition nine.
Ayes: Fuller, Ashley, Selich, Gifford, Kranzley
• Noes: None
INDEX
Item No. 2
Use Permit No. 3227A'"
Modification No. 4833
Approved
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
Absent: None
Abstain: None
Findings:
1. The Land Use Element of the General Plan designates the site for
"Administrative, Professional & Financial Commercial" uses and an
automobile sales operation is a permitted use within this designation.
2. The project has been determined to be Categorically Exempt under
Class I (Existing Facilities).
3. Public improvements may be required of a developer per Section
20.91.040 of the Municipal Code.
4. The approval of Modification No. 4833 is consistent with the legislative
intent of Title 20 of this Code for the following reasons:
• The site has a perimeter block wall and parking lot, which precludes
the location of the ground sign outside the front setback area.
• The size of the ground sign is within the size limits set forth in Section
• 20.67 of the Municipal Code.
• The location of the ground sign will not conflict with sight distance
requirements.
• The proposed encroachment is a logical use of the property that
would be precluded by strict application of the zoning requirements
for this District.
• The proposed encroachment is consistent with other ground
identification signs that have been approved in front yard setbacks
in the area.
5. The approval of Use Permit No. 3227 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 vehicle sales use is compatible with the surrounding professional
office and general commercial uses in the area since vehicle rental
and sales uses are typically a support use.
• Expansion of the existing facility will assist in the consolidation of lots
for future improvements to the area.
• Adequate on -site parking is available for the proposed use.
• There are no significant aesthetic impacts since the existing
• landscaping will be maintained in place.
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City of Newport Beach
• Planning Commission Minutes
January 21, 1999
• Adequate provision for vehicular traffic circulation is being made for
the vehicle sales and rental facility.
• The design of the proposed improvements will not conflict with any
easements acquired by the public at large for access through or
use of propertywithin the proposed development.
Conditions:
The development shall be in substantial conformance with the
approved site plan and elevations, except as noted below.
2. All previous conditions of approval of Use Permit No. 3227 shall remain in
effect.
3. Forty -nine parking spaces (49) shall be provided on -site for customer
and employee parking and shall not be used for automobile storage.
4. All employees shall park on site.
5. All trash areas shall be screened from adjoining properties and streets.
• 6. The entire site shall be maintained in a clean and orderly manner.
7. Landscaping along Campus Drive and Birch Street shall be regularly
maintained free of weeds and debris. All trees and vegetation shall be
regularly trimmed and kept in a healthy condition.
8. The project shall be designed to eliminate light and glare onto adjacent
properties or uses, including minimizing the number of light sources. The
plans shall be prepared and signed by a licensed Electrical Engineer
acceptable to the City. Prior to the issuance of any building permit the
applicant shall provide to the Planning Department, in conjunction with
the lighting system plan, lighting fixture product types and technical
specifications, including photometric information, to determine the
extent of light spillage or glare which can be anticipated. This
information shall be made a part of the building set of plans for issuance
of the building permit. Prior to issuance of the certificate of occupancy
or final of building permits, the applicant shall schedule an evening
inspection by the Code Enforcement Division to confirm control of light
and glare specified by this condition of approval.
Unloading of rental cars from auto transport vehicles shall take place on
site. The unloading, staging or storing of cars fQF Fental 9F 1oF sale off site
is prohibited.
• 10. No outdoor speakers or paging system shall be permitted in conjunction
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. City of Newport Beach
Planning Commission Minutes
January 21, 1999
with the proposed operation.
H. A restrictive covenant, approved as to the form and content by the City
Attorney, guaranteeing continuous use of the additional lot for the
benefit of the use and related buildings located at 4000 Campus Drive,
shall be recorded in the County Recorder's Office.
12. A maximum of 13 automobiles for sale shall be on display at any time.
Furthermore, any type of banners, pennants or windshield "For Sale"
signs including, but not limited to car prices, special discounts or
advertisements shall be strictly prohibited.
13. A 6 -foot high block wall shall be installed around the perimeter of the
additional lot located at 3955 Birch Street in accordance with Chapter
20.60 of the Municipal Code and the approved plans.
14. Prior to the issuance of a demolition permit for the improvements
located at 3955 Birch Street, a plan shall be submitted and approved
for the proposed perimeterwall, access gates, and parking lot striping.
Standard Requirements
• 1. All improvements shall be constructed as required by Ordinance and
the Public Works Department.
2. The on -site parking, vehicular circulation and pedestrian circulation
systems shall be subject to further review by the City Traffic Engineer.
3. The parking spaces and automobile storage areas shall be marked with
approved traffic markers or painted white lines not less than 4 inches
wide.
4. All signs shall conform to the provisions of Chapter 20.06 of the Municipal
Code with the exception of the location of the ground identification
sign, which shall be subject to the review, and approval of the Traffic
Engineer and the Planning Department.
5. The proposed monument sign adjacent to Campus Drive shall be
located in such a manner as to provide sight distance in conformance
with the City's Sight Distance Standard 110-L. The final design and
positioning of the monument sign shall be approved by the Planning
and Public Works Departments to insure conformance with City sight
distance standards.
6. The project shall comply with State Disabled Access requirements.
7. 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
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City of Newport Beach
Planning Commission Minutes
January 21, 1999
subject of this Use Permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
8. This Use Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050A of the Newport
Beach Municipal Code
SUBJECT: Sav -On Drugs (Daryl Christian, applicant)
2521 Eastbluff Drive
• Use Permit 3646
A use permit for an off -sale alcoholic beverage outlet in conjunction with a
retail store and pharmacy. The application includes a request to modify off -
street parking requirements.
Mrs. Garcia noted the following:
• The applicant submitted a previous application for a modification permit for
a number of signs and a lot line adjustment which was required for the
addition to the existing building.
• Those submittalswere not timed with the permit application; therefore, they
were heard at a previous Modification Committee meeting on January 19th.
• The item was continued to one week during which the Sav -on will be
working out issues regarding lighting of the signage.
• The applicant will come back to the Modification Committee with
resolutions to those issues in the community.
• There are concerns with the hours of operation. The retail and pharmacy
use is allowed to be open 24 hours, which is permitted by- right.
• Due to the addition of the alcohol sale being added to the retail use, that
requires this Use Permit.
• The ABC limits the sale of alcohol between the hours of 6:00 a. m. to 2:00
a.m.
• There are 298 parking spaces on site, and the applicant is proposing to add
8 additional spaces.
Staff confirmed that the only issue being heard tonight, is the application far off -
sale alcohol beverage and that since the actual nature of the operation is
predominately retail, there is no waiveror modificationto parking requirements.
A letter from the East Bluff Community Association indicates that they and Sav-
on have worked out some of the issues related to hours of operation and to the
signage.
Public comment was opened.
Daryl Christian, applicant, 1820 East First Street, Santa Ana spoke representing
INDEX
Item No. 3
Use Permit 3646
Approved
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
Sav -on Drugs. He asked that they be allowed to have off sale alcohol sales.
Sav -on has training for its employees as well as safety features in the cash
registers. The alcohol sale is an added benefit to customers and is not the
primary use.
Public comment was closed.
Commissioner Gifford asked about condition 4 on page 9. Following discussion
and at the applicant's approval, this condition will have the additional
verbiage: ......except for the first year of operation, where the hours of
ooeration are limited to 7:00 a.m. to 12:00 a.m.
Motion was made by Commissioner Ashley to approve Use Permit 3646 and
with the addition to condition four.
Ayes: Fuller, Ashley, Selich, Gifford, Kranzley
Noes: None
Absent: None
Abstain: None
• Findin s:
1. The Land Use Element of the General Plan designates the site for "Retail
and Service Commercial" uses and a retail store and pharmacy is
considered a permitted use within this designation.
2. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
3. The approval of Use Permit No. 3646 to allow a retail store /pharmacy with
off -sale alcoholic beverages 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 retail store use is compatible with the
surrounding commercial and nearby residential
uses since retail stores and pharmacies are typically
allowed in mixed commercial districts.
• Conditions have been added to address potential
problems associated with traffic, parking, trash
disposal, deliveries, noise, and unsightly conditions.
5. The proposed project is consistent with the purpose and intent of Chapter
• 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for the following
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January 21, 1999
reasons:
• The convenience of the public can arguably be served by the
sale of desired beverages in a retail store setting.
• The project is in an area where the crime rate is less than half the
citywide average.
• The number of alcohol licenses per capita in the Census tract and
the adjacent tract is below the average for Orange County.
• The percentage of alcohol - related arrests in the police reporting
district in which the project is proposed is higher than the
percentage citywide which is due to a relatively small number of
arrests as compared to the city as a whole, and the adjacent
reporting districts are lower than the citywide percentages.
• The proximity of the new alcohol sales establishment to nearby
residences, parks and recreation facilities, churches and schools is
not expected to be a problem since a market that includes
alcohol sales is located in the subject shopping center, and there
have not been any problems in the local area associated with the
alcohol sales.
• Conditions:
1. The project shall be maintained in substantial conformance with the
approved site plan, floor plan and elevations.
2. A total of 306 parking spaces shall be provided on -site and parking plan
shall be approved by the Traffic Engineering Department.
3. Alcoholic beverage sales shall be limited to Off -Sale General only.
4. The hours of operation may be 24 hours, daily except for the first Year of
operation, where the hours of operation are limited to 7:00 a.m. to 12.00 a.m.
5. Deliveries for the subject facility are prohibited between the hours of 10:00
p.m. and 7:00 a.m. daily.
5. All delivery trucks shall park on -site for loading and unloading, to the rear
of the building.
6. Storage outside of the building shall be prohibited, with the exception of
the required trash container enclosure.
7. 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.
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• Planning Commission Minutes
January 21, 1999
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.
8. The trash dumpsters or receptacles shall be maintained so as to control
odors which may include the provision of fully self- contained dumpsters or
may include periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department.
9. Should this business be sold or otherwise come under different ownership,
any future owners or assignees shall be notified of the conditions of this
approval by the current business owner, property owner or the leasing
company.
10. The final design of all on -site parking, vehicular circulation and pedestrian
circulation systems shall be subject to the approval of the Traffic Engineer.
Standard Requirements:
A. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
• approval.
B. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
•
C. The applicant shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and
adjacent properties during business hours if directly related to the patrons
of the subject alcoholic beverage outlet.
D. The exterior of the alcoholic beverage outlet shall be maintained free of
litter and graffiti at all times. The owner or operator shall provide for daily
removal of trash, litter debris and graffiti from the premises and on all
abutting sidewalks within 20 feet of the premises.
E. All owners, managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. To qualify to
meet the requirements of this section a certified program must meet the
standards of the Calif omia Coordinating Council on Responsible Beverage
Service or other certifying /licensing body, which the State may designate.
The establishment shall comply with the requirements of this section within
180 days of the issuance of the certificate of occupancy.
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• City of Newport Beach
Planning Commission Minutes
January 21, 1999
F. Alcoholic beverage sales from drive -up or walk -up
prohibited.
G. 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.
H. All signs shall conform to the provisions of Chapter 20.67 of the Municipal
Code.
I. This use permit for an alcoholic beverage outlet granted in accordance
with the terms of this chapter shall expire within 12 months from the date of
approval unless a license has been issued or transferred by the California
State Department of Alcoholic Beverage Control prior to the expiration
date.
SUBJECT: Roger's Gardens (Rush Hill, applicant)
2301 San Joaquin Hills Road
• • Use Permit 3648
• Modification No. 4847
A use permit to modify off - street parking requirements in conjunction with the
master plan development of an existing retail nursery. The application
includes a modification to the Sign Code to permit an off -site sign (gazebo)
on an adjacent property.
Commissioner Kranzley recused himself from deliberation on this item due to a
campaign donation from the applicant.
Mrs. Garcia noted that the request is to modify the parking requirement for a
portion of the new additions to the nursery operation. Specifically, it is
proposed to apply the warehouse parking standard to the proposed
warehouse facility use. A modification is required for the gazebo structure
located in the off site location at the corner of San Joaquin Hills Road and
MacArthur Boulevard.
Public comment was opened.
Gavin Herbert, President and co -owner of Roger's Gardens, 2301 San Joaquin
Hills Road noted his thanks to staff for the report and their work with him. At
Commission inquiry, he noted that the back parking lot would have a register
area constructed. It is the intent to purchase the small corner lot from the
• Irvine Company in the near future.
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Item 4
Use Permit 3648 and
Modification No. 4847
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
was
Motion was made by Commissioner Gifford to approve Use Permit 3648 and
Modification No. 4847 subject to the findings and conditions in Exhibit A.
Ayes:
Fuller, Ashley, Selich, Gifford,
Noes:
None
Absent:
None
Abstain:
Kranzley
Findings:
1. The Land Use Element of the General Plan designates the site for "Retail
and Service Commercial' uses and a nursery is considered a permitted
use within this designation.
2. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California
Environmental Quality Act under Class 1 (Existing Facilities).
• 3. The modification of the required off - street parking spaces is appropriate
for the following reasons.
The parking demand will be less than the requirement in Section
20.66.030 because the proposed project will include a large portion of
square footage devoted to warehouse and product assembly use,
which has a decreased parking demand than retail or office use.
• The probable long -term occupancy of the warehouse building, based
on its design, will not generate additional parking demand because its
floor plan and improvements can not be readily converted to a use
with higher parking demand characteristics.
4. The approval of Use Permit No. 3648 to modify the parking requirement
and Modification No. 4847 to permit the off -site sign 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:
• Adequate access to the site is provided.
• Conditions have been added to address potential
problems associated with traffic, parking, and site-
distance.
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January 21, 1999
• 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.
• The proposed off -site sign will not restrict the flow of air
and light to adjoining residential properties, nor will it
obstruct view from adjoining residential properties
because it is located on the corner of a commercial
property which is not adjoining residential uses.
• The proposed off -site sign will not interfere with sight
distance from any street, alley or driveway.
Conditions:
1. The project shall be maintained in substantial conformance with the
approved site plan, floor plan and elevations.
2. A total of 234 parking spaces must be provided on -site and a parking
plan for all parking areas must be approved by the Traffic Engineering
Department. The handicap parking shall comply with current
• requirements.
3. All new driveway construction shall be reviewed and approved by the
Traffic Engineer and shall require an encroachment permit approved by
the Public Works Department.
4. The off -site sign structure shall be constructed to meet the sight- distance
requirements defined in City Standard 110-L.
5. The loading and unloading of large trucks shall be on the subject
property. No trucks shall be permitted to park, off -load, or back out onto
San Joaquin Hills Road.
6. All Fair Share and other applicable fees shall be paid prior to the issuance
of any building permits.
7. Loading and unloading of trucks shall be limited to between the hours of
6:00 a.m. and 6:00 p.m. on weekdays and 7:00 a.m. and 6:00 p.m. on
weekends.
Standard Reauirements
A. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
approval.
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January 21, 1999
B. The Planning Commission may add to or modify conditions of approval to
this use permit or modification permit or recommend to the City Council
the revocation of this use permit or modification 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.
C. All signs shall conform to the provisions of Chapter 20.67 of the Municipal
Code except as authorized by Modification 4847.
YY#
SUBJECT: Calculation of residential maximum floor area limits
Ms. Temple noted that staff is requesting direction as to the intent and
interpretation to be taken or possible code amendments to particular
.sections of the Municipal Code. This particular provision was adopted some
time ago in response to a number of unauthorized additions to homes,
particularly on Balboa Island where open clear stories and garage spaces
were constructed. After the final building permit, additional bedrooms would
• be added within that clear space. The regulation adopted by the Planning
Commission went through a number of wording changes with the final
wording requiring that clear spaces exceeding the 14 ft. 6 inch height
dimension over uninhabitable spaces would be counted twice. It seemed
the intent was uninhabitable meant areas like garages, etc. However, when
referring to the Uniform Building Code, certain interior floor areas such as
stairwells, restrooms, etc. are not considered habitable. Since there is no
definition of an "inhabitable area ", we have a problem with the
interpretation of the code section.
Mr. Alford then presented the following for deliberation:
Option 1 - involves making the interpretation that uninhabitable areas refer
to the non - habitable areas as defined by the Uniform Building Code. The
consequence would be that the areas above foyers, bathrooms, hallways
could possibly be counted twice in the residential floor area calculations
which could restrict or stop a property owner from adding these features in
their floor plan.
Option 2 - would provide an exception for foyers, bathrooms, connecting
corridors, and stairwells and the code would be amended to replace the
term uninhabitable with non - habitable. The other areas you are not likely to
see would be two story laundry rooms or walk in closets, so they would
continue to fall under the current provisions.
• 14
II'17W1
Item 5
Discussion of
Calculations of
residential maximum
floor area limits
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
Option 3 - would limit it simply to garages as a non - habitable area and
would leave the other areas in the living portion of the unit as habitable.
Option 4 - would delete this provision entirely and non - habitable rooms and
spaces would be treated the same as habitable rooms and spaces in regards
to the calculation of residential floor areas.
Option 1 is the most restrictive in terms of potential design; and option 4 is the
least restrictive.
Discussion followed noting:
• All areas within the building that are habitable are not subject to the
limitation, so living rooms, dining and bedrooms can all have a clear story
up to the height limit. They are not limited to the 14.6 calculation.
• With the UBC definition of non - inhabitable, the 14.6 limitation would apply
to the garages which was the source of the original problem as well as any
places within the living space that are not defined as habitable.
• The term uninhabitable has been defined as non - habitable in practice all
along and staff has been inconsistent because there was no definition.
• Staff is looking for guidance from the Planning Commission as to whether
• the 14.6 limitation is appropriate, or no limitation in terms of whether it is
calculated as one level of living space or two.
• In parts of town, some people have filled in open foyers.
• Allow designers to be creative and not cover every single problem.
• History of the problem being three homes that were built under the same
building plan on Balboa Island. All had the same design with the clear story
above the garage, all three were discovered through the Residential
Building Inspections to have built over that garage and expanded into a
second story resulting in a higher floor area ratio than allowed. All three
came to the Planning Commission and then the Council to ask for a
Variance. For various reasons, two were granted and one was denied.
Ms. Temple noted an intermediary course to select Option 2 or 3 with the
understanding that we would revisit the issue of residential floor area ratios. This
would give us a quick fix and then the opportunity to revisit the whole issue in a
more coordinated fashion.
Commissioner Gifford asked that when this issue is being addressed, those
current floor plans being submitted at that time are considered.
Ms. Temple suggested that this would be studied as part of the Corona del Mar
development standards project.
Motion was made by Commissioner Gifford to direct staff amend Section
• 20.10.030 to provide an exception for foyers, bathrooms, connecting
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• City of Newport Beach
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January 21, 1999
corridors, and stairwells and include a study of the residential floor area
calculations in relation to current floor plans being submitted by the Corona
del Mar Study Group.
Ayes:
Fuller, Ashley, Selich, Gifford, Kranzley
Noes:
None
Absent:
None
Abstain:
None
* *a
ADDITIONAL BUSINESS:
a.) City Council Follow -up - Oral report by the Assistant City Manager
regarding City Council actions related to planning - Mrs. Wood
reported that at the last Council meeting a review of the Traffic Phasing
Ordinancewas held and will be brought to the Planning Commission for
review in March; a General Plan update report was given and will be
part of the goal session discussion on January 30th, and the LCP Grant
Applicationwas set to be heard at the next meeting on February 8th.
• b.) Oral report from Planning Commission's representative to the Economic
Development Committee - Chairperson Selich reported that a
presentation on the EDC goals and objectives was presented and was
received without comment.
C.) Matters which a Planning Commissionerwould like staff to report on at a
subsequent meeting - Commissioner Gifford asked for a presentation of
the Balboa Sign issue. Ms. Temple noted that the original presentation
had been televised and is set to air within the near future on the cable
channel. The public at large will be invited to participate in the survey
and will be notified through public information provided by the Daily
Pilot. She also noted that all of the licensed businesses had been sent
direct mailers to inform them of the meeting and their presence and
participation were encouraged.
d.) Matters, which a Planning Commissioner may wish to place on a future
agenda for action and staff, report - none.
e.) Requests for excused absences - The meeting for February 4th was
canceled as there is only one item brought by the City and conflicting
timing of the Mayor's dinner that same evening. The next meeting will
be February 18th.
•
16
INDEX
Additional Business
• City of Newport Beach
Planning Commission Minutes
January 21, 1999
E
•
trbw�l
ADJOURNMENT: 8:05 p.m. I Adjournment
RICHARD FULLER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
17