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HomeMy WebLinkAbout02/06/1997CITY OF NEWPORT BEACH • Planning Commission Minutes February 6, 1997 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Selich and Ashley. Commissioner Gifford was excused. Chairperson Adams, on behalf of the Planning Commission, welcomed Commissioner Fuller at his first meeting. STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Communityand Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Ginger Varin, Executive Secretary to Planning Commission • Minutes of January 23,1997: Motion was made by Commissioner Selich and voted on to approve, as written, the January 23, 1997 Planning Commission Minutes. Ayes: Ridgeway, Kranzley, Adams, Selich, Ashley Noes: none Absent: Gifford Abstain: Fuller Public Comments none Postina of the Agenda: Ms. Temple stated that the Planning Commission Agenda was posted on Friday, January 31, 1997 outside of City Hall. 40 Minutes Public Comments Posting of the Agenda City of Newport Beach is Planning Commission Minutes February 6, 1997 1. SUBJECT: Lindamood- Bell Learning Center 4100 Campus Drive, Suite 100 • Use Permit No. 3596 Establish an instructional facility specializing in the language and cognitive skills development of children and adults (ages 5 to adult) within an existing commercial office complex. Planning Director Temple summarized the staff report and explained the parking necessary to support this development. Staff is recommending that 13 spaces be identified as the allocation for this particular property which will make use of a portion of the surplus spaces on site. An amended condition number 6 was suggested to read as follows: 'That 13 parking spaces (6 spaces allocated to the tenant space square footage plus 7 of the unallocated surplus parking spaces) shall be made available within the reciprocal parking lots of the office complex for the subject facility. That all students, faculty and employees shall park their vehicles on- site at all times:' This does not require the office complex to actually mark off and identify specific parking spaces for the facility. Rather, it is the intention to make use of a portion of the unallocated spaces for this particular use. Public hearing was opened. • Applicant, Kimberly Worrell, 4100 Campus Drive was given a copy of the revised condition 6 and in response to Commission inquiry, stated that she understands and agrees to the findings and conditions of the Use Permit No. 3596. Ms. Worrell explained that typically the students are not developmentally disabled but have a type of learning disability that is not physical. A clinician is one trained in their program of intensive work based one on one. Chairperson Adams asked staff about the notification to the owner of the property of these conditions. Ms. Temple answered that the City will transmit a copy of the conditions of approval to the property owner. Public hearing was closed. Motion was made by Commissioner Kranzley for approval of Use Permit No. 3596 as amended subject to the findings and conditions in Exhibit A. Ayes: Fuller, Ridgeway, Kranzley, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findings: That the proposed use is consistent with the General Plan since an educational facility is a permitted use within the Administrative, Professional • INDEX Item No. 1 UP No. 3596 Approved City of Newport Beach • Planning Commission Minutes February 6, 1997 and Financial Commercial 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 (ExistingFacilities). 3. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City for the following reasons: • The use is expected to operate in a manner similar to other office uses. • No noise problems are anticipated based upon the fact that children are supervised and not left unattended and the use does not include play activities. • The number of parking spaces provided for the subject property and available by reciprocal arrangements is adequate to accommodate the proposed private instruction facility, since the majority of the students are not of driving age, seminars for adults • are limited to evenings and on weekends, and the facility is located in an area with a large pool of parking which is immediately accessible. Conditions 1. That the use of the facility shall be consistent with the approved plot plan and floor plan. 2. That the activities associated with the proposed facility shall be conducted within the subject tenant space and that no activities shall be conducted outside. That the employees of the facility shall provide full supervision of students at all times they are present in the facility, unless otherwise accompanied by a parent or other responsible adult. 3. That the total number of students and employees shall not exceed 23 persons in the tenant space at any one time, during the daytime hours. That the seminars shall be restricted to weekends and after 5:00 p.m. on weekdays only. 4. The facility shall be approved by the Fire Department for exiting and fire prevention requirements of the Uniform Fire Code and the Uniform Building Code, unless otherwise exempted by the Fire Marshall and the Building Department. • INDEX City of Newport Beach • Planning Commission Minutes February 6, 1997 • • 5. That a fire alarm system or early warning device shall be installed in conjunction with this facility as required and approved by the Fire Department. 6. That 13 parking spaces (6 spaces allocated to the tenant space square footage plus 7 of the unallocated surplus parking spaces) shall be made available within the reciprocal parking lots of the office complex for the subject facility. That all students, faculty and employees shall park their vehicles on -site at all times. That the hours of operation shall be limited between the hours of 7:00 a.m. and 10:00 p.m., daily, and that any increase in hours shall be subject to the approval of the Planning Director. 8. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. 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. 2. SUBJECT: Martial Arts Studio (Gentll Pennewaert, applicant) 4533 MacArthur Boulevard • Use Permit no. 3600 Establishment of a martial arts studio specializing in instruction for both adults and children within an existing office /retail complex. The request will also allow for occasional seminar sessions for visiting martial arts instructors. Ms. Temple summarized the staff report and explained that the tenant space in question is currently occupied by the applicant in Agenda Item No. 3, a similar activity. Based on the analysis in the staff report, parking will be adequate for this business. Commissioner Ridgeway complimented staff on the parking analysis work and the fact that it was done during the lunch hour time. Chairperson Adams agreed and stated that the contents of the staff reports of late have been outstanding and contribute to efficient meetings. INDEX Item 2 UP No. 3600 Approved City of Newport Beach • Planning Commission Minutes February 6, 1997 was Dr. Christine Pennewaert, 4533 MacArthur Boulevard, applicant, in response to Commission inquiry, stated that she understands and agrees to the findings and conditions of Use Permit No. 3600. Motion was made by Commissioner Ridgeway for approval of Use Permit 3600 subject to the findings and conditions as attached in Exhibit A. Ayes: Fuller, Ridgeway, Kranzley, Adams,, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findinas: That the proposed development is consistent with the General Plan and is compatiblewith surrounding land uses because: • Instructional facilities are allowed in the APF District. The Floor Area Ratio is less than the Base Development Allocation • 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). 3. The approval of Use Permit No. 3600 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: • That adequate on -site parking is available for the existing and proposed uses. A martial arts facility is similar in operational characteristics to the children's fitness facility currently operating at the same location which has not presented a problem to the surrounding area, and since the daytime use will be primarily children, should not increase noise and traffic in the area. That the proposed evening classes should not disturb adjacent tenants because most of the surrounding office and retail uses will be closed. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 49 INDEX City of Newport Beach • Planning Commission Minutes February 6, 1997 2. The hours of operation for the facility shall be limited to 5:30 a.m. to 10:00 p.m. Monday through Friday and 9:00 a.m. to 3:00 p.m. on weekends. 3. The number of students and employees attending the midday classes shall be limited to 13 persons. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. No temporary "sandwich" signs or balloons shall be permitted, either on -site or off -site, to advertise the martial arts studio. 5. That all employees shall park on -site at all times. 6. That all noise created from the martial arts instruction shall be confined to the interior of the building and all doors and windows within the buildings shall be closed while instruction is conducted. 7. That no outside paging system shall be utilized in conjunction with the martial arts facility. 8. That the Planning Commission may add or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this • Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 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. 3. SUBJECT: My Gym Children's Fitness Center (Rick Altman, applicant) 2040 Quail Street • Use Permit No. 3601 To allow the establishment of a recreational facility specializing in children's fitness in an existing shopping center. Ms. Temple summarized the staff report and stated that the existing site currently has a deficit as to the parking formula required for the shopping center, the demand for parking as a result of this project should reduce the deficit in this particular location. Public Hearing was opened. Mr. Rick Altman, 2040 Quail Street, applicant in response to Commission inquiry stated that he has read, understands and agrees to the conditions and findings for Use Permit No. 3601. • INDEX Item No. 3 UP No. 3601 Approved City of Newport Beach • Planning Commission Minutes February 6, 1997 Public Hearing was closed. Motion was made by CommissionerSelich for approval of Use Permit No. 3601 subject to the findings and conditions in Exhibit "A ". Ayes: Fuller, Ridgeway, Kranzley, Adams, , Selich and Ashley Noes: None Absent: Gifford Abstain: None Findinas: That the proposed development is consistent with the Land Use Element of the General Plan, since the site is designated "Administrative, Professional, Financial Commercial', and this facility is a service which is supportive of the predominant office uses in the area, and is therefore, a permitted use within this classification. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). • 3. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, for the following reasons: That the number of parking spaces provided on -site in Campus Square is adequate for the proposed recreational facility. That the facility is comparable to similar uses located in other shopping centers of the City and which have not generated any particular problems or complaints. That the same business has been operating at a different location in the City for the past five years, and there have been no problems stemming from the parking situation or complaints of any kind about noise. Conditions: That development shall be in substantial conformance with the approved site plan and floor plan. E ,II IJS4 City of Newport Beach • Planning Commission Minutes February 6, 1997 That all teachers and employees shall park their vehicles on -site at all times. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. That the hours of operation shall be limited to between the hours of 7:00 a.m. and 6:00 p.m., daily, and that any increase in hours shall be subject to the approval of an amendment to this use permit; or in conjunction with special or holiday events, subject to the approval of a Special Event Permit issued by the Recreation Division and approved by the Police Department. 5. That pre- recorded music shall be limited so that the sound shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer, should any change be made to the existing configuration. 7. That the project shall comply with State Disabled Access requirements. • 8. That a maximum of 16 children shall be permitted per class during the week. That all gym classes be for children between the ages of 3 months and 7 years, and that any adult use of the gym, or change in the operational characteristicsbe subject to an amendment to this use permit. 10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 11. 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. 12. 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. • INDEX City of Newport Beach • Planning Commission Minutes February 6, 1997 4. SUBJECT: Speedway Restaurant (Jerry King, applicant) 353 East Coast Highway • Use Permit No. 3598 Establishmentof a theme restaurant facility (race car theme) with incidental alcoholic beverage service. The application includes a request to: • allow an exception and a modification to the Sign Ordinance to allow the display of two formula one race cars on the roof and side of the building to act as an attention attracting device and to permit wall signs (racing graphics) in excess of the permitted 200 square feet allowed by the Sign Code; • continue the waiver of specific restaurant development standards. The applicant has requested that this application be continued to the meeting of February 20, 1997, to allow additional time to resolve design issues which have been raised in conjunction with this application. Staff has no objection to this request. 5. SUBJECT: Balboa Peninsula Planning Advisory Committee (BPPAC) Reportand Recommendations of Project2000 • • Receive report and file Commissioner Kranzley, as spoke person for the BPPAC, gave a slide presentation to the Commission and reported on the recommendations as contained in Project 2000. BPPAC was formed in March 1995 to study the issues on the peninsula. There are four villages that were reviewed: Lido Village, McFadden Square, Cannery Village and Central Balboa. The outgrowth of this review was a plan from Jack Camp (Urban Design) and the outgrowth of that was the Balboa Peninsula Planning Advisory Committee Project 2000 report. This is not the first plan that talks about the revitalization of the peninsula. Plans dating back to 1983 that say many of the things are being presented in the plan today. The core peninsula wide issues are: • Beautification of Balboa Boulevard • Parking • "Mixmasterat McFadden Square Commissioner Kranzley then proceeded with a slide presentation to emphasize the three issues. He also emphasized that this plan is conceptual only. Discussion followed by the Commission and staff on the following: • Local Coastal Plan and compliance • elimination of some metered parking • comprehensive parking study to be done • feasibility study on parking management plan, Balboa Pier Parking Lot • INDEX UP No. 3598 Continued to 2/10/97 Item No. 5 Report received City of Newport Beach . Planning Commission Minutes February 6, 1997 improvements, Local Coastal Plan amendment and certification, tenant marketing plan, alcohol policies, derelict boat ordinance; and to develop a Peninsula Revitalization Financing Program • Marina Village- tidelands- special study group • recommendationsand implementation on pages 34 and 54 in Project 2000 • suggested introduction of trolley on Balboa Boulevard • water taxi • boundaries Chairperson Adams noted that the City Council will be meeting on February 10th to receive public comments and to review these recommendations and direct staff to prepare a community outreach strategy coordinated with BPPAC. No specific elements of the plan will be approved, but rather direction to staff for moving forward on some of the steps that are less controversial that can be funded and will make a positive impact immediately. Public Hearing was opened. Ken Kuhlmann, 213 39th Street, presented a photo board to the Commission. He has read the BPPAC report and agrees with it. He addressed his concern that the neighborhood he lives in is not part of the project. The photos presented showed the overhead wires as well as the poor condition of the streets in the West Newport area. • He requests that this area be included in the beautification and upgrades in Project 2000. • Commissioner Kranzley stated that West Newport is out of the scope of area in the plan. He agrees with the comments and hopes that what comes out of the plan will be useful in the future. Commissioner Ridgeway also agreed and stated to include West Newport in what is being attempted now, would not feasible. The BPPAC report concentrates more on the commercial areas. Chairperson Adams reiterated that the Commission is not able to act on any of this, so the time to repeat this message is on Monday night at the City Council meeting that starts at 4:00 p.m. Martha Durkee, P. O. Box 3353, Newport Beach - spoke to the Commission against the project for the following reasons: • removal of on- street parking areas from in front of the businesses would be detrimental • removal of business driveways would be detrimental • off street parking issues signage issues Chairperson Adams thanked Mrs. Durkee and stated that her comments would be iLI INDEX City of Newport Beach Planning Commission Minutes February 6, 1997 most welcomed at the Council meeting on the 10th. There will be numerous opportunities for the public to comment on this plan. Mrs. Wood stated that the first public outreach and information meeting on February 3rd was not an official City meeting, rather it was coordinated by the BPPAC. However, both Tim Collins co- chairman of the committee and herself were present and took copious notes that will be summarized for the City Council meeting on the 10th. Ardee Allen, business owner of two tattoo shops at 313 E. Balboa Blvd. and 2309 West Balboa Blvd. stated that she has been in business for fifteen years. She has read the plan and stated she is concerned with what appears to be bureaucratic and prejudicial statements. Her main concern is that the plan lists her businesses as liabilities to the City. She explained that she has improved her landlords' properties, has worked hard to set standards for her workers and has an honest business. Crime is not brought in by her business. Many years of hard work have been devoted to overcoming the stigma of a tattoo parlor in her area and to have the prejudicial statements in this report is very upsetting. She stated that she supports any of the improvements listed in the plan. Public Hearing was closed. • Commissioner Ridgeway reiterated that Monday at 4:00 p.m. in the afternoon is a Council hearing and encouraged all the speakers to make their presentations at that time because Councilmembers are the ones who will be taking action. The Planning Commission is hearing this plan for the first time tonight and does not have the means to implement it. ADDITIONAL BUSINESS a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - On January 27th, the update to the Zoning Code was approved on first reading and is scheduled for adoption on. February 10th; approved on first reading was an Ordinance authorizing an increase in fees, including development review fees, setting what percent of our total costs the City should be recovering for these services; the Ebell General Plan Amendment and zone change were approved as was the Thrifty Car use. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Modification Permits were approved for 412 Redlands Avenue, 617 Lido Park Drive, 406 Belvue Lane, 232 Agate Avenue and a Lot Line Adjustment was issued for 1531 Sontanella Terrace. • INDEX Additional Business City of Newport Beach Planning Commission Minutes February 6, 1997 c.) Oral report from Planning Commission's representative to the Economic Development Committee- None. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - presented as Item No. 5. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Ashley expressed appreciation to Councilman Thomson for his assistance in making the parking permits available to the Planning Commission. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - None. g.) Requests for excused absences - None. ADJOURNMENT: 8:25 PM • ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 40 12 INDEX