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HomeMy WebLinkAbout02/05/1998• CITY OF NEWPORT BEACH Planning Commission Minutes February 5, 1998 Regular Meeting - 7:00 p.m. Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - Commissioner Ridgeway was excused and Commissioner Adams arrived at 7:05 p.m. 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 Patrick Alford, Senior Planner Janet Johnson, Planning Secretary Ginger Varin, Planning Commission Executive Secretary u Minutes of January 22. 1998: Motion was made by Commissioner Fuller and voted on to approve, as written, the January 22, 1998 Planning Commission Minutes. Ayes: Fuller, Selich, Kranzley, Gifford, Ashley Noes: Absent: Ridgeway, Adams Abstain: Public Comments none Postna of the Agenda: The Planning Commission Agenda was posted on Friday, January 30,1998 outside of City Hall. LJ Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes February 5, 1998 SUBJECT: Southern California Liberty Baptist Church (Doug Miller, contact) 1000 Bison Avenue • Use Permit No. 1726A A request to amend a previously approved use permit which permitted a church with a kindergarten through sixth grade elementary school and extended day care on -site. The proposed amendment is to expand the operation of the school to allow the addition of seventh through twelfth grades, and increase the number of students to 260. Commissioner Fuller stepped drown from the dais because of a possible conflict of interest. Mrs. Eugenia Garcia presented the staff report noting: • proposal facilitates a trade between two properties, Mariners Church and Southern Liberty Baptist Church • Liberty Baptist Church wishes to take over the site at 1000 Bison Avenue • Liberty Baptist Church currently has K -12 school at its Irvine location with approximately 60 students an existing Use Permit at Bison and Jamboree limits the facility to K -6 • grades with a limitation of 120 students • Liberty Baptist Church is asking to expand the operation at the site during the week for 7 -12 grade with extended day care on site • 506 parking spaces on site and roadway circulation can accommodate any increase in personnel and student driving and /or parking • no physical changes to buildings Public Comment was opened. Dwight Tomlinson, 229 West Yale Loop, Irvine - applicant, in response to Commission inquiry stated that he understands and agrees to the findings and conditions of Use Permit No. 1726 (Amended). Commissioner Adams asked about the off -site parking agreement with Toyota to which Mr. Tomlinson stated there is one and Liberty Baptist will honor it. Ms. Temple noted that the primary issue related to parking in terms of the Mariners Church operation was during the Sunday services and the high congregation level. It was an informal parking arrangement with the Toyota Motor Sales USA, Inc. for the overflow. This arrangement will continue, however, Liberty Baptist is less than a quarter the congregation as Mariners Church. • UP 1726 A Approved INDEX • City of Newport.Beach Planning Commission Minutes February 5, 1998 Public Comment was closed. Commissioner Adams asked staff about the on -site parking supply containing compact spaces that were necessary to negate the prior demand of Mariners' and the City policy. He asked if the entitlement should continue with the lower demand by Liberty Baptist. In adopting this permit, he continued, Commission is perpetuating a parking layout that may be technically sub - standard. Mr. Edmonston answered that the code currently allows compact space to be used in residential but in commercial development they have not been used since 1988. He is not aware of how well this functions with the church type use versus a typical commercial use. Motion was made by Commissioner Selich for approval of Use Permit No. 1726 (Amended) subject to the findings and conditions in Exhibit A. Without objection and by acclamation, the MOTION CARRIED - all Ayes. Findings: • 1. That the Land Use Element of the General Plan designates the site for "Government, Education and Institutional Facilities /General Industry" use. A church facility is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the approval of Use Permit No. 1726A to expand the operation of the on -site school 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: • When a school was operating at this location, Monday through Friday, for several years, it had not been a • problem. INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 The increase in the number of students from 140 to 260, will increase the on -site parking demand, which can be accommodated by the existing available parking. The increased traffic associated with the school can be accommodated within the capacity of the existing roadways. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all applicable previous conditions of approval of Use Permit No 1726 and 1726A as approved by the Planning Commission on June 6, 1974, April 9, 1987, and January 7, 1988 remain in force, except as noted below. 3. That the number of students be limited to a maximum of 260. • 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That a minimum of 506 parking spaces be provided on -site for the proposed facility. 6. That school dances or live entertainment in conjunction with the operation of the school be limited to six per calendar year by Special Events Permit issued by the Community Services Department. 7. 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. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. • INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 SUBJECT: Losey Residence 319 Carnation Avenue, • Variance No. 1217 Request to allow retention of or modifications to a building currently under construction which does not meet the standards previously established by the City Council in the approval of Variance No. 1202. This previous Variance allowed construction of a residence which exceeds the permitted floor area, does not meet the requirementsfor the location of open space, and encroaches into various setbacks and abandoned right -of -way. The portion of the building under review is a central stairwell area which provides access to a bedroom and roof deck, which encroaches into a view the City Council found of importance in its approval of the previous Variance. Ms. Temple noted that the applicant has requested a continuance to February 19th. Motion was made by Commissioner Selich to continue this item to February 19th. • Without objection and by acclamation, motion passed, 5 Ayes, t Absent. SUBJECT: General Plan Amendment 98 -1 Request to initiate amendments to the Newport Beach General Plan and Local Coastal Program, Land Use Plan, as follows: A. West Balboa Boulevard (Best Western Bay Shores Inn) B. 1401 Dove Street (Newport Place Planned Community) C. Quail Street and 895 Dove Street (Newport Place Planned Community) D. 4700 Surrey Drive, Corona del Mar (Shelton Residence) Ms. Temple noted the additional Item D that was reported in the supplemental staff report. Staff was informed by the property owner at 4700 Surrey Drive that he and the City were in the process of annexation of approximately .2 acre of land adjacent to his property which is in the City's sphere of influence. In order to accomplish the objective concurrent with the annexation action in April 1998, inclusion in the February cycle of General Plan Amendments is necessary. Since this particular item was not on the mandatory posted agenda, it is required, • under the Brown Act, that the Commission decide whether to make this INDEX Item No. V 1217 Continued to 2/19/98 Item No. 3 GPA 98 -1 Recommended to City Council for Initiation • City of Newport Beach Planning Commission Minutes February 5, 1998 addition upon an affirmative vote Commission. the Planning Motion was made by Commissioner Ashley to hear this additional item. Without objection and by acclamation, MOTION CARRIED - 6 Ayes, 1 Absent. At Commission inquiry, Ms. Temple stated that reason the General Plan Amendments are initiated by the Planning Commission is to provide both the Planning Commission and City Council the opportunity to tell a potential applicant that their proposal has no merit in the eyes of the City and there is little or no reason to expend funds by way of application fees or plan preparation for a General Plan Amendment if it simply is not something the City would consider. Two items since 1972 have not been initiated. There is a limitation within the calendar year when the City amends the General Plan. The City's policy establishes three times a year. Commissioner Gifford noted that this process provides notice to people who may be affected by the amendment early so they may have the opportunityto see how they would be impacted. • Public Comment was opened and closed. Motion was made by Commissioner Selich to recommend initiation of General Plan Amendment98 -1, Items A, B, C and D to the City Council. Without objection and by acclamation MOTION CARRIED - 6 Ayes, 1 Absent. SUBJECT: Asian Bistro (Ahn Tran, applicant) 2600 East Coast Highway, #160 (Continued from December 4, 1997) • Use Permit No. 3620 and • Planning Director's Use Permit No. 14 The applications involved include a Use Permit for parking waiver and a Planning Director's Use Permit to allow the conversion of a specialty food service use (No. 60) to a full - service small scale eating and drinking establishment. Also included with the applications is a scheduled 2 month review to determine compliance with conditions of approval of Specialty Food Permit No. 60 as revised by the Planning Commission on December 4, 1997. The applications request: • • to waive a portion of the required parking (use permit), Item No. 4 UP 3620A and PDUP 14 Approved 1;<li] #:f • City of Newport Beach Planning Commission Minutes February 5, 1998 an increase in the interior seating from 20 to 25; and the introduction of alcoholic beverage service (beer and wine only). Ms. Temple noted that the applicant has complied in large measure to the former and newly suggested conditions for the Specialty Food Permit. Two outstanding issues are: • installation of a sign placed on trash enclosure indicating "Asian Bistro Parking" - in process • difficulty maintaining the working order of the trash enclosure latching, due to either carelessness or vandalism - in process Concluding, Ms. Temple noted that so long as the conditions include the six month review as specified, that the Director's Use Permit be approved. At Commission inquiry, Ms. Temple noted it is understood that the trash is all bagged. Public Comment was opened. Jerry King, P.O. Box 7992, representing the applicant stated that they have read the staff report and understand and agree to the findings • and conditions of the Use Permit No. 3620 and Planning Director's Use Permit No. 14. He noted the following: • self enclosure has been installed - had been vandalized • trash is being bagged in plastic bags (no odors or loose food stuff) • regular maintenance and cleaning of enclosure will be done by the management company • painted curb has helped in the safety problem at corner as expressed by neighbors • venting system recorded maintenance seems to have cured the odor problem to date - to be assessed during the summer months to assure compliance new generic signs installed by the management company at the direction of the building ownership - program not reviewed by city • underground parking is referenced on the menus Marilyn Moore, owner of property at 721 Fernleaf spoke in opposition for the following reasons: • applicant not in compliance with present permit - maintenance of trash enclosure (presented photos) dirty and smelly • no workable latch on door - latch was missing • signage - parking garage not mentioned in any of the signs Concluding,. Ms. Moore noted that the applicant has had two months to be in compliance, to date is still not in compliance. She asks Commission to oppose this application. • INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 Commissioner Selich referencing the photos, noted that vandalism had been done to the hardware of the external spring and that a different kind of internal spring has been installed for the closing mechanism on the gate. A good faith effort has been established by the applicant. Jerry King asked for additional guidance for signs. Commissioner Adams noted that the signs are in place and that the applicant can not make people park in the parking structure. People will park in the street if there is available parking. Condition 26 verbiage should be changed to show that parking is for general use of the building, not just Asian Bistro. Ms. Temple and Commission noted the following clarifications and /or additions: • Condition 20: remove .. .... and latch.." • Condition 26: ASIAN BISTRO PARKING GARAGE - changed to PARKING FOR SHOPS AND RESTAURANTS • Condition 27: remove, ......the current business owner or the leasing company'... - make specific to the property owner • • placement of sign on trash enclosure could be beneficial in combination with other signs • signs should have arrows showing the direction to the parking garage • sign program should be approved by staff • the intent is to have the trash doors closed at all times unless being used • six month review is on all of the conditions of approval Public Comment closed. Public Comment was opened. Mr. King stated that the lighted pole sign on the premises was permanently removed from the site. Following discussion, it was clarified that the pole sign is different from the lighted cabinet sign located in the planter that was referenced by Commissioner Selich during discussion. Public Comment was closed. Motion was made by Commissioner Selich to approve Use Permit No. 3620 and Planning Director's Use Permit No. 14 subject to the findings and conditions as amended. • Without objection and by acclamation, motion passed - 6 Ayes, 1 Absent. INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 Findings: That the property is designated for "Retail and Service Commercial" use by the Land Use Element of the General Plan and the existing eating and drinking facility use is consistent with that designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the request of Use Permit No. 3620 to waive a portion of the required parking (2 spaces) may be approved for the following reasons: • The proposed restaurant is located within a multi- tenant commercial building which is comprised of uses which exhibit varying business peaks which do not generally overlap. • The parking demand of the subject property has been • observed to be less than that required by Section 20.66.030 of the Newport Beach Municipal Code since the restaurant use has specific peak hours of operation during which the parking demand can be accommodated by the on -site parking. • The long term use of the subject building will not generate a parking demand which could not be accommodated by the on -site parking garage unless a higher concentration of food uses were to occupy more of the building which would generate additional parking demand. • Adequate off - street parking spaces exist in the common subterranean parking garage for the benefit of the proposed establishment and the other uses on the subject property to accommodate the proposed change in the restaurant facility, and a condition of approval requires actions to encourage use of the garage parking spaces. 4. That the approval of that portion of the request of Planning Director's Use Permit No. 14 to allow the increase in the interior seating of the establishment will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • There is adequate parking on -site to accommodate the increased seating. • • A program will be implemented to further identify INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 available on -site parking and encourage patrons to park on -site. 5. That the approval of Planning Director's Use Permit No. 14 to allow the introduction of alcoholic beverage service will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort; and general welfare of the city because alcohol service is limited to beer and wine, only at times when meals are served. These limitations, combined with the small size of the restaurant, will keep the primary purpose of the establishment as a restaurant. Conditions: That development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. That the previous approval of Specialty Food Service Permit No. 60 shall become null and void upon the implementation of any portion of this use permit approval (alcoholic beverage service, • etc.) and cannot be reinstated. 3. That maximum seating and /or stand -up counter space for no more than 20 customers shall be maintained inside the subject specialty food use. Any further increase in the number of seating and /or stand -up counter space for customers, not expressly permitted by this approval (exclusive of outdoor dining approved by separate permit), shall be subject to the approval of a use permit for a restaurant. 4. That the "net public area" shall be limited to reduce the ability to provide the introduction of additional tables and chairs to the satisfaction of the Planning Director (exclusive of corridor and condiment table areas). 5. That a minimum of five parking spaces shall be provided for the benefit of the subject facility in the on -site parking garage. 6. That a minimum of 85 parking spaces shall be maintained on -site (one parking space for each 250 sq.ft. of gross floor area) for the use of the subject property. 7. That all employees shall park in the on -site, subterranean parking garage at all times and shall not utilize the on -site surface parking spaces located on the alley side of the property or the public • street (Dahlia Avenue or Fifth Avenue). 10 INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 8. That the hours of operation shall be limited to between the hours of 11:00 a.m. and 9:00 p.m., Monday through Saturday, and 3:00 p.m. to 8:00 p.m. Sunday. Patrons shall be prohibited from entering the facility except during the specified hours of operations and the patron access doors shall remain locked during non - business hours. Any increase in the opening or closing hour shall require an amendment to this permit. 9. That use of the rear door by employees shall be limited to between the hours of 10:00 a.m. and 10:00 p.m. Monday through Saturday, and between the hours of 2:00 p.m. and 9:00 p.m. on Sunday. Use of the rear door by customers as an entry shall be prohibited. 10. That trash and grease pick -up shall be limited to the hours between 9:00 a.m. and 5:00 p.m., Monday through Saturday. H. That deliveries to the business shall be from the loading zone designated on Dahlia Avenue. Delivery vehicles which cannot be accommodated by the loading zone on Dahlia Avenue, • including oversized trucks and multiple vehicles at one time, shall use the designated loading space at the rear of the property or the 10 foot alley setback. Delivery vehicles shall not stop or park within the alley right -of -way. Deliveries shall be limited to the hours of 9:00 a.m. and 5:00 p.m., daily. 12. That the loading zone which is located at the rear of the property, adjacent to the alley and next to the trash enclosure, shall be painted or appropriately signed designating the space as a loading zone space only and not for general parking purposes (to include, "NO PARKING, LOADING ZONE "). 13. That no outside paging system shall be utilized in conjunction with this establishment. 14. That no sale of alcoholic beverages shall be permitted on the premises until the appropriate approval has been obtained from the State Department of Alcoholic Beverage Control. 15. That no live entertainment or dancing shall be permitted in conjunction with the permitted use, unless otherwise approved in accordance with the provisions of the Municipal Code. 16. That kitchen exhaust fans in accordance with the Uniform Mechanical Code and approved by the Building Department . shall be maintained in good working order. 11 INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 17. That the applicant shall provide for monthly cleaning and maintenance of the hood vents, ducting and filters; or, at a future date, provide for the installation of a more efficient hood system which will include a charcoal filtering system for the control of odors, and the capture /removal of grease, subject to approval by the Building Department and the Planning Director. That the applicant shall maintain a record of the maintenance of the hood vents which may be requested by the Planning Department at any time to verify compliance with this condition. 18. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 19. That the facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Code for Food Establishment Grease Disposal. . 20. That the trash enclosure shall be covered at all times and maintained in a clean and sanitary condition on a regular basis. The trash enclosure shall be equipped and maintained with a self - closing gate onter ^' ^ *^ ; and the gates will remain closed at all times, except when refuse is being collected by the collection agency or by employees emptying trash receptacles. That trash from the restaurant shall be bagged in sealed plastic bags. That monthly steam cleaning of the trash enclosure area and /or dumpsters is required. The applicant shall maintain records. 21. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, however, not located on or within any public property or right -of -way. 22. That the operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 23. That the dumping of trash by employees into the dumpster shall not be permitted between the hours of 10:00 p.m. and. 10:00 a.m., Monday through Saturday, nor before 2:00 p.m. or after 9:00 p.m. on Sunday. 24. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the 0 specialty food establishment, unless specifically permitted in 12 •II,ID7�1 • City of Newport Beach Planning Commission Minutes February 5, 1998 accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. That a minimum of three signs shall be conspicuously placed and maintained, directing patrons to the location of parking in the subterranean parking lot, as well as signs on the surface level and each level of the subterranean garage that direct patrons to the elevator and the stairs. The City Traffic Engineer shall review the current locations prior to the issuance of a revised Certificate of Occupancy to increase the occupancy for this business. 26. That the business shall develop and implement a sign program of directional signs and advertising to direct and encourage greater utilization of the on -site parking garage. This program shall be approved by the Planning Department and shall include additional signs or the replacement of existing signs . The additional or replacement signs shall include the wording, "AS14N RISTRO PARKING r_ARAC, ' "PARKING FOR SHOPS AND • RESTAURANTS" with arrows showing the direction to the parking garage. The placement of the signs shall be subject to the approval of the Planning Department. 27. That should this business be sold or otherwise come under diff erent ownership, any future owners or assignees shall be notified of the conditions of this approval by either the Gurrent business eNVRqF, property owner 28. That the applicant shall contact the Building Department official to obtain a revised Certificate of Occupancy to reflect the change in the establishment and to reflect the number of authorized seats permitted for the facility. In addition, the applicant shall contact the City to schedule an inspection of the facility to verify compliance prior to issuance of the new Certificate of Occupancy. 29. That the approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose of the sale or service of food and beverages. That this approval is for the service of "beer and wine" only in conjunction with the service of food as the principal use of the facility. This approval shall not be construed as permission to allow the facility to operate as a bar or tavern use as defined by the Municipal Code, unless a use permit is first approved by the 40 Planning Commission. A change in the type of alcoholic 13 INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 • beverage license issued by the California Board of Alcoholic Beverage Control shall be subject to the approval of a use permit. 30. That the use permit shall be subject to review by the Planning Director after 6 months from the effective date of the approval for compliancewith these conditions. In conjunctionwith that review the Planning Director may add to or modify conditions of approval to this permit which may include a requirement for a subsequent 6 month review. A notice shall be mailed to owners of property (located within 100 feet of the subject property) at least 10 days prior to the date of the review. 31. That the Planning Director or the Planning Commission may add to or modify conditions of approval to this use permit, or the Planning Commission may revoke this use permit upon a determination that there are reasonable grounds for such an action, including but not limited to a finding that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 32. That 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: Tim and Liza Goodell 508 29th Street • Use Permit No. 3611 Amended Request to amend Condition No. 8 of Use Permit No. 3611 which required parking on an off -site lot. The proposal is to permit the use of parking on a city owned public parking lot located on 30th Street and Villa Way with payment of an in -lieu parking fee. Ms. Temple noted that the applicant has requested a continuance to February 19th. Motion was made by Commissioner Selich to continued this item to February 19th. Without objection and by acclamation, motion passed - 5 Ayes, 2 Absent. 14 Item No. 5 UP 3611 A INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 SUBJECT: Lido Investment Co. 3312 -3336 Via Lido • General Plan Amendment GPA 97 -3A • Local Coastal Program Amendment LCP 48 • Amendment868 • Resubdivision 1033 • Coastal Residential Development Permit CRDP No. 23 Amendments to the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan to redesignate property in the 3300 block of Via Lido from Retail and Service Commercial to Multi - Family Residential and to establish residential development allocations; an amendment to Districting Map #4 to reclassify said property from the Retail and Service Commercial (RSC) District to the Multi- family Residential (MFR) District and to establish minimum setback yards; a resubdivision of property located at 3336 Via Lido to create four (4) residential parcels and an exception to lot size and lot width requirements of Title 19 (Subdivisions); and a coastal residential development permit for the proposed demolition of ten (10) residential units at 3336 Via Lido. • . Patrick Alford, Senior Planner, stated the application involves an amendment to the Land Use Element of the General Plan and to the Local Coastal Program, both of which are long -term, long -range planning and development policies. The land uses proposed for the subject properties present compatibility issues between the proposed residential uses and existing commercial uses, including such matters as noise, traffic, parking, lighting and glare. Mr. Alford completed his presentation, providing a narration of all pertinent aspects within the staff report. Commissioner Fuller asked for and received information on the concerns expressed by the applicant regarding limitations imposed on upgrades and improvements to the properties, and the limited site distance problems associated with backing out from the subject properties on to Via Lido. Mr. Edmonston stated his primary concern pertains to the property located at 3336 Via Lido. The proposed project would have limited front set back requirements, thereby forcing to back out when exiting the site. From a public safety standpoint, pedestrians and motorists exiting the site would be placed at the risk of vehicles traveling at unsafe speed on Via Lido from Lido Isle. Chairperson Kranzley requested and received confirmation that the proposed circulation design for Via Lido prepared for the Project 2000 11-7 GPA 97 -3 LCPA 48 A 868 R 1033 CRDP No. 23 INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 report by Urban Design Camp on page 32 of the staff report had been removed from consideration. At Commission inquiry, staff noted that the building height at the subject properties was 26 feet for the existing commercial designation; and the proposed MFR height would be 28 feet; and that one of the properties had been converted to condominiums at some point during the 1970's. Public Comment was opened. Pamela Whitesides, 3322 Via Lido, applicant expressed her appreciation to the staff for the time spent on the applications. Ms. Whitesides continued stating that rather than a single property owner , there are three applicants and 4 owners of the subject properties and each owner shares the objective of having the properties zoned to comply to the current use. Concerns shared by the property owners are: • current non - conforming status • inability to change the existing use to anything other than • residential pursuant to the CC & R's associated with the subject properties • ability to rebuild should the properties be destroyed or damaged • ability to obtain sufficient financing and insurance coverage due to the non - conforming status Ms. Whitesides stated she had talked with various tenants in Lido Village arriving at the conclusion that the area cannot absorb additional commercial spaces. In addition, parking in the vicinity is inadequate. She concluded her presentation, stating she and her husband intend to remain in this location forever, unless a commercial entity buys them out or the city attempts to take the property. Commissioner Fuller reviewed the concerns addressed in Ms. Whitesides' letter regarding the difficulty of obtaining financing and insurance coverage, which Ms. Whitesides reiterated was due to the non- conforming status of the properties and the fact that the loan would be considered risky in the event the properties were destroyed. Ms. Temple clarified the Zoning Code allows repairs and maintenance, interior alterations, and the ability to rebuild non - conforming structures. The Code states if a non - conforming structure is destroyed or damaged, it may be completely reconstructed and non - conforming uses reestablished. Additionally, the non- conforrning structure may be altered, repaired and maintained so long as the non - conformity, such as the number of livable rooms or space, is not increased. 16 INDEX City of Newport Beach Planning Commission Minutes February 5, 1998 Ms. Clauson added that the Planning Department and occasionally the City Attorney's Office would provide lenders with a letter clarifying the Zoning Code upon request. Commission requested the correct number of owners of the subject properties, which Ms. Whitesides confirmed as 6 individual owners. Tom Allen, 3322 Via Lido, applicant stated he did not believe future commercial development of the subject properties would be viable and could cause conflicts between the residential users and commercial users. Additionally, he stated concerns about the City attempting to take the property for purposes of future commercial development and associated revenue to the City. Commissioners Gifford and Adams requested clarification of what was meant by the comments that the City was attempting to acquire the property. Mr. Allen stated he felt the only way the current property uses would change to commercial would be if the City or a private entity were to . buy out the property owners. He noted that many cities are now involved in redevelopment projects, and while he is not experiencing immediate pressure, he is concerned about being forced out in the future. Marcia Dossey, 1902 West Balboa Boulevard. Past president of Newport Pier Merchants Association, past district Chairperson of the Balboa Peninsula Planning Advisory Committee - McFadden District, and a realtor in Newport Beach. On behalf of the applicant, Ms. Dossey provided her support of the proposal, stating that there is a demand for high quality residential uses in the area and that the proposal is consistent with BPPAC Project 2000 recommendations. Paul Balalis, 1129 East Balboa Boulevard, representing the Lido Investment Co., owner of the building at 3336 Via Lido. Mr. Balalis provided historical background regarding the subject properties, and spoke in support of the proposals, stating the various issues raised in the staff report denying the applications could be resolved. Commission requested clarification regarding the number of units converted to condominiums, to which Mr. Balalis stated there is one property with two buildings which was converted to a condominium. Tony Shaw, 204 Tustin Avenue, mortgage broker, partner in Lido Investment Co., and property manager in Lido Village. Speaking on behalf of the applicants, Mr. Shaw addressed the issue of ingress and 17 INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 egress stating support of downgrading the uses to 4 residential units, thereby lowering the amount of entering and exiting traffic. Don Gregory, 601 Lido Park Drive, stated he felt is was unfair for the Planning Commission to be asked to vote on this matter based on the recommendations made in the Staff Report. He noted there are no current plans for commercial use of the site and there exists a high vacancy factor in the Lido Village area. He indicated he believes the current use of the property is a smart and revenue producing use, and therefore, supported the request for a zoning change. Mary Dixon, 300 South Grand, Los Angeles, attorney speaking on behalf of James Ratkovich & Associates, Inc., currently in escrow to purchase the Lido Marina Village and several adjacent commercial properties, expressed the concerns and opposition to the proposal, stating: • The proposed land use plan creates conflicts between subject properties and the future rehabilitation of Lido Marina Village, and conflicts with long term planning provided for in the General Plan. • The proposed land use plan would reduce public access to the coastal area and reduce the public's availability to boat slips. • Public Comment was closed. The Commissioners discussed the various issues related to these applications, reaching a general consensus as follows: • The timing for a zoning change to the site is inappropriate, as the City is currently working on a revitalization program for the Peninsula area. • The current non - conforming uses are a viable interim use for the site, and the property owners are not denied any rights to the uses. • However, commercial uses appear more appropriate in this predominately commercial area for the long -term perspective. • There are inconsistencieswith the Coast Act and LCP. Motion was made by Commissioner Selich to recommend to the City Council denial of General Plan Amendment GPA 97 -3 A, Local Coastal Plan Amendment LCP 48, Amendment 868, Resubdivision 1033, and Coastal Residential Development Permit CRDP 23, based on the information contained in the Staff Report. With one objection and by acclamation, Motion Passed - 5 Ayes, 1 No and 1 Absent YYY W INDEX • City of Newport Beach Planning Commission Minutes February 5, 1998 SUBJECT: Public Hearing Notice Procedures Ms. Temple presented her report on the procedures. Discussion ensued resulting in a unanimous decision to eliminate the measurements of waterways and highways within the 300 foot radius as required in addressing notices. The Planning Department will prepare the necessary adjustments to the Codes. 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 the Balboa Island Zoning Amendment was adopted, the Alcoholic Beverage regulations were initiated, the Franklin Realty sign is still being reviewed, the Development Agreements were reviewed and found to be in compliance except for two (both with the Irvine Company) which were continued and a report on the Fletcher Jones lights was • presented. b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Modifications were approved for 430 Via Lido Nord, 3 Thunderbird Drive and 8 Thunderbird Drive. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that Rush Hill had resigned as chairman and the committee is in the process re- establishing their goals. Matters which a Planning Commissioner would tike staff to report on at a subsequent meeting - Speedway Restaurant events in parking lot. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f.) Requests for excused absences - Chairperson Kranzley and Commissioner Adams excused from meeting on 2/19/984.) ADJOURNMENT: 9:50 p.m. 19 INDEX Item No. 7 Public Hearing Procedures Additional Business • City of Newport Beach Planning Commission Minutes February 5, 1998 I* THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 20 INDEX