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HomeMy WebLinkAbout02/09/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 p.m. �dG9�9�y y� DATE: February 9, 1989 ` CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * * * All Planning Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of January 19, 1989: Minutes of * 1 -19 -89 on Motion was made and voted on to approve the January 19, Ayes 1989, Planning Commission Minutes. MOTION CARRIED. Public Comments: Public Comments Mrs. Jean Liechty of Linda Isle objected that the additional parking spaces adjacent to the Reuben E. Le Restaurant were detrimental to the neighborhood inasmuch as it would further overburden the existing congested area. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Agenda Planning Commission Agenda was posted on Friday, February 3, 1989, in front of City Hall. COMMISSIONERS 9 '9 CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, indicated that Chris Continuanc Stephens, applicant, has requested that Item No. 4, Use Permit No. 3338, property located at 2421 - 16th Street, regarding the construction of garages and carports, be continued to the February 23, 1989, Planning Commission meeting so as to be heard concurrently with another item on that agenda. Mr. Hewicker stated that staff has requested that Item No. 7, Use Permit No. 3076, Newport Landing Restaurant, and Use Permit No. 3122 (Amended), Edgewater Place and Parker's Seafood Grill, be continued to the March 9, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3338, to the February 23, 1989, Planning Commissio meeting. MOTION CARRIED. on * Motion was made and voted on to continue Use Permit No. Ottlain * * * * * * 3076, and Use Permit No. 3122 (Amended), to the March 9, * 1989, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 891 (Public Hearing:) Item No.l Request to resubdivide five existing lots into three R691 parcels of land for combined residential /commercial development on property located in the C -1 District. Approved LOCATION: Lots 4 -8, Block 8, Balboa Tract, locate at 607 -615 East Balboa Boulevard, on the southwesterly corner of East Balbo Boulevard and Washington Street, i Central Balboa. ZONE: C -1 APPLICANT: Balboa Associates, Newport Beach OWNER: Balalis Corporation, Newport Beach ENGINEER: Valley Consultants, Inc., Santa Ana Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. -2- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROCCC CALL I I I I I I I I I INDEX Motion Ayes Absent *I* The public hearing was opened in connection with this item, and Mr. Paul Balalis, applicant, appeared before the Planning Commission. Mr. Balalis stated that he concurs with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Resubdivis * No. 891, subject to the findings and conditions Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the improvements will not conflict with any e acquired by the public at large for access or use of the property within the subdivision. • 2. That the map meets the requirements of Title 19 the Newport Beach Municipal Code, all ordinances the City, all applicable general or specific pl and the Planning Commission is satisfied with plan of subdivision. 3. That the proposed resubdivision presents problems from a planning standpoint. 4. That public improvements may be required of developer per Section 19.08.120 of the Municipa Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map be recorded prior to issuance building permits unless otherwise approved by Public Works and Planning Departments. That Parcel Map be prepared using the State P1 Coordinate System as a basis of bearing. 2. That all improvements be constructed as required Ordinance and the Public Works Department. 1 1 1 1 1 1 1 1 3. That a standard Subdivision Agreement accompanying surety be provided in order guarantee satisfactory completion of the pu improvements if it is desired to record a pa map or obtain a building permit prior to comple of the public improvements. -3- COMMISSIONERS MINUTES February 9, 1989 Gay py'P�C,gA yp T CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That each dwelling unit and commercial unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the City Traffic Engineer. 6. That the intersections of Washington Street and the alley drive and Washington Street and East Balboa Boulevard be designed to provide sight distance as approved by the Public Works Department. Landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. That the first floor development on property located at 613 East Balboa Boulevard be setback a minimum of 4 feet to provide vehicular sight distance at Washington Street and • East Balboa Boulevard. 7. That a 15 foot radius corner cut -off at the corner of Washington Street and East Balboa Boulevard be dedicated to the public. 8. That the deteriorated curb and sidewalk be reconstructed along the East Balboa Boulevard and Washington Street frontages, that the drive apron on East Balboa Boulevard be removed and that the curb return at the corner of Washington Street and East Balboa Boulevard be reconstructed to a 20 foot radius with a handicap ramp included. All work shall be completed under an encroachment permit issued by the Public Works Department. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 10. That all vehicular access to the property be from the adjacent alley. 11. That County Sanitation District fees be paid prior to issuance of any building permits. 12. That the Public Works Department plan check and inspection fee be paid. -4- COMMISSIONERS apy� y9c`�o��o CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX 13. That all conditions of approval of Use Permit No. 3337 shall be fulfilled. 14. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 15. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 3195 (Public Hearing) Item No.2 Request to amend a previously approved use permit which UP3195 permitted a lobby expansion of an existing hotel and the conversion of said hotel to a bed and breakfast facility Appro ved which includes the service of a continental breakfast and alcoholic beverages to hotel guests only. The • proposed use permit amendment includes a further. expansion of the bed and breakfast facility so as to allow the conversion of an existing retail space into a hotel lobby, executive offices and related.storage. The proposal also includes a request to permit the service of food and alcoholic beverages to the general public within the existing and proposed lobby areas. LOCATION: Lots 3, 4, and portion of lots 29 and 30, Block 23, Newport Beach Tract, located at 2306 West Ocean Front, on the northerly side of West Ocean Front, between 23rd Street and 24th Street, adjacent to the Newport Pier parking lot in McFadden Square. ZONE: SP -6 APPLICANT: Circa Designs, Laguna Beach OWNER: Piero Serra, Newport Beach James Hewicker, Planning Director, and Commissioner Persdn discussed the applicants' delay in submitting the entire project to the Planning Commission. The public hearing was opened in connection with this item, and Mr. Jim Skaug, applicant, appeared before the Planning Commission. Mr. Skaug responded to the -5- COMMISSIONERS .p 4" �i1", O, O� y�G9�9y'�9��9�0 Om� yo�yCC CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX previous comments, and he said that the environmental document has not been completed for the entire project. In reference to the letter that the applicant submitted to the Planning Commission dated February 1, 1989, Mr. Skaug corrected the last sentence of the last paragraph to read "...not foresee any intensification of traffic resulting from this activity in that virtually all of our 'unregistered' guests arrive on foot." Mr. Skaug explained that the subject request would allow the hotel to serve food and beverages to individuals who are not registered guests. Mr. Hewicker and Mr. Skaug discussed the intent of incidental service, and Mr. Skaug explained that the intent is to engage in the sale of alcoholic beverages or food only as a courtesy to clients or guests who are visiting the facility. Mr. Skaug, Chairman Pomeroy, and Commissioner Pers6n discussed the intent of the hotel to sell food and beverages. Commissioner Pers6n pointed out that the staff report reflects that incidental food and alcoholic beverage service will not be advertised or permitted to the general public; however, the hotel will provide service to visitors to the hotel who are not currently occupying a room. Mr. Hewicker stated that the doors of a "bed and breakfast" hotel are usually locked, and that the guests enter by ringing a doorbell or with a key if they are registered guests. Commissioner Debay and Chairman Pomeroy concluded that the word "service" may have been an incorrect nomenclature when the applicant discussed the request with staff. In response to a question posed by Commissioner Pers6n, Mr. Skaug stated that the applicant concurs with the findings and conditions in Exhibit "A ", with the exception of Conditions No. 9 regarding no planters permitted on the sidewalk, and No. 10 regarding no wheel stops permitted in the street. Mr. Skaug explained that if the sidewalk in front of the hotel would be widened to 16 feet, as it exists in the adjacent area, as opposed to 12 feet wide that currently exists, then the applicant would have an area to install planter boxes as the applicant originally proposed. Discussion ensued 'between Mr. Skaug and the Planning Commission regarding the request. Mr. Skaug agreed to withdraw objections to • Conditions No. 9 and No. 10, and to submit the request when the complete project is heard by the Planning Commission on March 9, 1989. -6- COMMISSIONERS ?� \019`C 00 a CITY OF NEWPORT BEACH MINUTES February 9, 1989 R CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. All Ayes 3195, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed project is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of . property within the proposed development. 4. That public improvements may be required of developer in accordance with Section 20.80.060 of the Municipal Code. 5. That the Police Department has no objections to the proposed project. 6. That the approval of this amendment to Use Permit No. 3195 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of person residing and working in the neighborhood, or be detrimental or injurious to property an improvements in the neighborhood or to the genera welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor pla and elevation except as provided under the following conditions. . 2. That all applicable conditions of approval of Use Permit No. 3195 as approved by the Planning Commission on May 22, 1986, shall remain in effect -7- COMMISSIONERS Gay t y9'f��os,�0 CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX and that the approval of. Use Permit No. 3195 (Amended) as approved by the Planning Commission on December 8, 1988 shall be null and void . 3. That the incidental service of food and alcoholic beverages to the general public shall be permitted within the hotel lobby areas, provided that said food and beverage service is not advertised or promoted to the general public. 4. That the incidental service of food and alcoholic beverages to the general public shall be limited to 6:00 a.m. to 12:00 midnight daily. 5. That all signs shall conform to the requirements of Chapters 20.06 of the Municipal Code. However, no exterior signs shall be utilized to advertise the food and beverage service in the lobby areas. 6. That all improvements be constructed as required b Ordinance and the Public Works Department. 7. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements prior to starting any work within the public right -of -way. 8. That Resubdivision No. 826 be recorded prior to issuance of any building permits. 9. That no raised planters nor any planter pots, boxes or containers be placed on the sidewalk and that the existing planter containers be removed, unless otherwise approved by the City Council. 10. That no wheel stops shall be installed in the parking lot in front of the hotel, unless otherwise approved. 11. That the proposed decorative sidewalk and street lights conform to the McFadden Square are assessment district improvement design and be approved by the Public Works Department. That an encroachment agreement be processed and approved by the City Council for construction of all non- . standard improvements. 12. That all trash areas and mechanical equipment shall be screened from view. -8- COMMISSIONERS F � y9fC�4�yp CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX 13. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 14. That Coastal Commission approval shall be obtained. 15. That the Planning Commission may add to or modif conditions of approval to this use permit, or recommend to the City Council the revocation o this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercise within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3331 (Public Hearing) Item No.3 Up 3331 Request to permit the construction of a second dwelling unit (Granny Unit) on property located in the R -1 District. Said proposal is in accordance with Section 65852.1 of the California Government Code that permits a Approved second dwelling unit if said residence is intended for one or two persons who are 60 years of age or over. LOCATION: Parcel 1 of Parcel Map 65 -6 (Resubdivision No. 452) located at 2727 Shell Street, on the southwesterly side of Shell Street, between Fernleaf Avenue and Way Lane, in China Cove. ZONE: R -1 APPLICANT: Fred Thomson, Corona del Mar OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Tom Thomson, appeared before the Planning Commission on behalf of the applicant. Mr. Thomson stated that he concurred with the findings and conditions in Exhibit "A ". -9- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES February 9, 1989 R&TFCALL 11 Jill I INDEX In response to concerns that have been expressed by adjacent residents, Commissioner Pers6n emphasized that in accordance with the Granny Unit Ordinance, the occupant of the Granny Unit must be 60 years of age or older, and that on an annual basis the City shall review the dwelling unit to be certain that the conditions are being followed as stated in Condition No. 4. In response to a question posed by Commissioner Edwards, James Hewicker, Planning Director, explained that the approval of a variance to exceed the permitted height limit was required because of the topography of the property when two dwellings were converted into one large dwelling unit on the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. All Ayes 3331, subject to the findings and conditions in Exhibit . "A ". MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Lan Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. 3. That the design of the development or the propose improvements will not conflict with any easement acquired by the public at large for access througk or use of property within the proposed development. 4. The approval of Use Permit No. 3331 will not, unde the circumstances of this case, be detrimental t the health, safety, peace, morals, comfort an general welfare of persons residing and working it the neighborhood or be detrimental or injurious t property and improvements in the neighborhood o the general welfare of the City. Conditions: 1. That the proposed development shall be it • substantial conformance with the approved plo plan, floor plans and elevations. -10- COMMISSIONERS mG 9N0�9i q� gy'91c CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX 2. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons 60 years of age or older. 3. That the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and. successors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with current ordinances regarding Granny Units. Said covenant shall also contain all conditions of approval imposed by the Planning Commission or the City Council. 4. Commencing with the final inspection of the Granny Unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names an birth dates of any and all occupants of the Granny Unit constructed pursuant to this approval to • verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property shall notify the City immediately. This information shall be submitted in writing an contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 5. That the primary residence shall be occupied by the legal owner of the property. 6. That one independently accessible garage spat shall be provided for the Granny Unit at all times. 7. That the applicant shall obtain Coastal Commissio approval of this application prior to the issuance of building permits. 8. That this Use Permit shall expire unless exercise within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • -11- COMMISSIONERS y�G �+�99�yPyti.� CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX Use Permit No. 3338 (Continued Public Hearing Item No.4 Request to permit the construction of six double car UP3338 garages, eight single car carports and 25 open parking spaces in conjunction with an existing 14 unit apartment Continued development on property located in the Unclassified to District. 2 -23 -89 LOCATION: A portion of Lot 47, Newport Heights Tract, located at 2421 16th Street, o the southerly side of 16th Street, between Tustin Avenue and Irvine Avenue, in Newport Heights. ZONE: Unclassified APPLICANT: Chris R. Stephens, Costa Mesa OWNER: Real Estate Exchange Services, Costa Mesa James Hewicker, Planning Director, indicated that the applicant has requested that this item be continued to the February 23, 1989, Planning Commission meeting so as to be heard concurrently with another item on that agenda. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3338 to the February 23, 1989, Planning Commission meeting. MOTION CARRIED. Use Permit No. 3340 (Public Hearing) Item No.S Request to permit the establishment of a temporary UP3340 automobile service, washing and detailing facility for the staff and physicians of the Hoag Memorial Hospital Denied and the Lido Medical Center, on property located in the Unclassified District. Said facility will be in operation only during the construction of the new Lido Medical parking structure. LOCATION: Parcel 2 of Parcel Map 124 -24 (County Parcel Map 77 -108), located at 1501 Superior Avenue, on the northwesterly side of Superior Avenue between 15th Street and Dana Road, in Northwest Newport. ZONE: Unclassified -12- COMMISSIONERS MINUTES yG �9� ;�P�y yomy� February 9, 1989 9y � °Z Q��osy0 CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Dana L. Carl /Sterling Detail, Newport Beach OWNER: Superior Medical Project, Huntingto Beach The public hearing was opened in connection with this item, and Mr. Dana Carl, applicant, appeared before the Planning Commission. Mr. Carl stated that he concurs with the findings and conditions in Exhibit "A ". Mr. Carl rebutted the statements in the staff report that recommended that the applicant provide seven parkin spaces; however, Chairman Pomeroy pointed out that Condition No. 7 requires the applicant to provide two parking spaces for the detailing operation in addition to two spaces that will be blocked by the was installation. Commissioner Di Sano referred to Patricia Shehan's letter dated February 1, 1989, consisting of 13 signatures of Park Lido residents who oppose the subject • application. Mr. Carl explained that he operated business at the Newport Lido Medical Center for 18 months, and that he had been offered temporary space to conduct his business at the subject site during the construction of the Newport Lido Medical Building parking structure. In response to a question posed by Commissioner Di Sano, Mr. Carl explained that the shuttling of vehicles would occur every 45 minutes to one hour. Commissioner Debay referred to staff's recommendation that the wastewater storage tank be relocated outside the parking structure, and Mr. Carl replied that the request would be no problem. Fred Ten Eyck, M. D., appeared before the Planning Commission on behalf of the tenants of Newport Superior Medical Plaza to oppose the subject application. Dr. Ten Eyck referred to the February 3, 1989, letter of opposition that was signed by 14 tenants of said building. He stated that the tenants would not be using the detailing business, and he commented that a water leakage problem currently exists in the parkin structure that is damaging the vehicles. Dr. Van Eyck • stated that of the total tenants, four tenants are ambivalent, and 14 tenants are against the detailing business. -13- COMMISSIONERS MINUTES February 9, 1989 G9y9 �9CC.p�yQ CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Chris Hansen, 22 Encore, appeared before the Planning Commission representing the Newport Crest Homeowner's Association, to oppose the subject application because of the increased traffic congestion, additional noise, and the unattractive canopy. Kent Bransford, M.D. tenant of the Newport Superior Medical Plaza, appeared before the Planning Commission to oppose the subject application. Dr. Bransford state that the medical and dental professional building provides parking for staff and patrons, and he state his concerns regarding his patients finding parking spaces that would be convenient for them inasmuch as the parking lot and parking structure are becoming congested. Dr. Bransford commented that the operation could be on the site for many months if the Newport Lido Medical building would be under construction for an extended period of time. Mr. Hewicker stated that the applicant did not have a use permit to operate an automobile detailing business • at the Newport Park Lido Medical Building. He explained that there are concerns regarding mobile automobile detailing businesses remaining at one location for an extended period of time. Commissioner Debay addressed concerns regarding a lease agreement between the applicant and the property manager. There being no others desiring to appear and be heard, the 'public hearing was closed at this time. Motion * Motion was made to deny Use Permit No. 3340 subject to the findings in Exhibit "B ". Commissioner Winburn stated that she would support the motion because the tenants of the building do not want the business. Commissioner Di Sano stated that he would support the motion based on the traffic congestion in the area. Commissioner Pers6n stated that he made the motion on the basis that the business would reduce the number of parking spaces available for the tenants, and he state his concern that the applicant may wish to expand the operation on the site. -14- . COMMISSIONERS yOG t^ 90�9��.y� 92 CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX Chairman Pomeroy stated that he would support the motion inasmuch as the residents in the area and the tenants of the building do not want the business. All Ayes Motion was voted on to deny Use Permit No. 3340, MOTION CARRIED. FINDINGS: 1. That the elimination of existing parking due to blockage of 2 spaces by the wash area and elimination of 4 spaces for the holding tank will result in inadequate parking for existing uses on the site. 2. That adequate parking does not exist for the parking of vehicles awaiting servicing. 3. That shuttling of vehicles to offsite locations in the area will contribute to the overall congestion on local roadways. 4. The approval of Use Permit No. 3340 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Use Permit No. 3341 (Public Hearing) Item No.6 Request to permit the construction of a second dwelling UP3341 unit (Granny Unit) on property located in the R-1 District in accordance with the provisions of Section Tabled 65852.1 of the California Government Code that permits second dwelling if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to allow the third required off - street parkin space to encroach 5 feet into the required five foot rear yard setback adjacent to an alley. • LOCATION: Lot 19, Block 1, Tract No. 919, locate at 421 Tustin Avenue, on the northwesterly side of Tustin Avenue, between Beacon Street and Clay Street, i Newport Heights. -15- COMMISSIONERS MINUTES ym4 � Februa ry 9, 1989 � yCITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: R -1 APPLICANT: Rita H. Fanning, Los Angeles OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Lyle Buttermore, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Buttermore stated that he concurs with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Pers6n, Mr. Buttermore stated that the applicant is currently residing in Los Angeles; however, he said that she expects to move to the subject site at a later date. Commissioner Pers6n emphasized that it is imperative that the property owner reside on the premises at the time that the use permit is being processed in accordance with the Granny Unit Ordinance. Discussion ensued between Mr. Buttermore, Commissioner Pers6n, Commissioner Edwards, and Chairman Pomeroy regarding the intent of the property owner to reside on the subject property. In response to a question posed by Commissioner Pers6n, Mr. Buttermore stated that the applicant would agree that the building permit not be issued until the applicant is a resident of the front dwelling unit. Discussion followed between Chairman Pomeroy and Ms. Korade regarding the language in the Granny Unit Ordinance, and if it states that the property owner has to reside on the site during the remodeling of the Granny Unit. Commissioner Pers6n referred to Chapter 20.78.025 of th Municipal Code which states that "the followin standards shall be met prior to the approval of a Us Permit to .establish a granny unit pursuant to thi Chapter: (G) ..The primary residence shall be occupie by the legal owner of the property. ", and discussio ensued between Commissioner Pers6n and Chairman Pomero regarding the intent of the language of the Ordinance. • In response to a question posed by Mr. Buttermore, Mr. Hewicker explained that the application could be table until the applicant has moved to the premises at whit time the applicant could write a letter requesting that the application be removed from the table, and then the -16- COMMISSIONERS .o .o�,y� G r 7\\ CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX public hearing could be rescheduled. He explained that no additional fee would be required. Motion * Motion was made to table Use Permit No. 3341. Commissioner Di Sano requested that the public hearing proceed inasmuch as interested parties came to testify regarding the application. Substitute Substitute motion was made and voted on to allow the Motion * public hearing to continue. MOTION CARRIED. Ayes Noes * * * Mr. Mel Malkoff, adjacent neighbor, appeared before the Planning Commission to report that the neighbors oppose the Granny Unit because the existing rental unit on the property has given neighbors problems in the past, an the neighbors have concerns that the intent of the property owner may be to create an additional rental unit. In response to questions posed by Mr. Malkoff, Commissioner Pers6n explained that the State mandate the provision of allowing an additional dwelling unit on • a lot in the R -1 District. He explained that the City adopted an Ordinance that prohibits Second Family Units in single family areas of the City. However, to provide housing for older citizens, the City adopted the Granny Unit Ordinance that provides for a second dwelling unit (a Granny Unit) in the R -1 District for persons 60 years of age or older. Commissioner Pers6n also explains that the City requires an additional burden on the property owner than is required by State law in that the property owner must reside in the primary residence on a lot when a Granny Unit is permitted in the City. Ms. Judith Wagner, 410 Tustin Avenue, appeared before the Planning Commission to oppose the subject application inasmuch as she had doubts about the property owner residing on the property which would qualify the Granny Unit as an illegal unit. She objected to the parking and noise problems that currently exist at the subject site. Chairman Pomeroy and Commissioner Pers6n commented that the residents need to inform the City of illegal units in the area. Mr. Mike Merline, neighbor, appeared before the Planning Commission to oppose the application. Mr. Merlin expressed his concern that the property owner is an absentee property owner who does not have an interest in the neighborhood. He proposed that the Granny Unit would be "grandfathered" in as an extra unit. -17- COMMISSIONERS mG 9�099�y9 q2'% CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX Mr. Sid Soffer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission. He indicated that the residents in the neighborhood would inform the City that the property owner was not residing on the property. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Commissioner Pers6n withdrew his motion to table the use Withdrawn permit. Motion was made to deny Use Permit No. 3341, that would include an added finding that the subject Motion * application does not comply with Chapter 20.78.025 (G) of the Municipal Code which states that "the primary residence shall be occupied by the legal owner of the property." Commissioner Edwards referred to the foregoing Chapter 20.78.025 (G), and he maintained that the Granny Unit Ordinance does not state at what point in time the applicant shall occupy the residence. Discussion ensue between the Planning Commission and Ms. Korade regarding • the intent of the City Council when the Granny Unit Ordinance was approved. Commissioner Pers6n stated that the intent of the Planning Commission was to protect the integrity of single family dwellings within the R -1 District. Commissioner Debay stated that if an individual purchased a lot in Newport Heights, so as to build a house and a Granny Unit, then the intent of the foregoing would not be applicable. Substitute Substitute motion was made to table Use Permit No. 3341 Motion * until the applicant comes forth to state that she is residing on the site. Chairman Pomeroy concurred with Commissioner Debay's comments, and he added that it would also apply if a individual wanted to demolish and /or remodel a resident to accommodate a person 60 years of age or older. H commented that it is not the intent of the Granny Unit Ordinance to allow an absentee property owner to build another unit on top of the garage for rental purposes. Commissioner Edwards concurred with Commissioner Debay' statements stating that the conditions of the operation need not be in effect at the time of approval. H maintained that the intent of the Ordinance takes into • account that the property owner will abide by the terms and conditions as stated in Condition No. 5, and if the property owner does not comply with said conditions, then the Granny Unit shall not be certified. -18- COMMISSIONERS 9Np00 99',Q� yZ 9y y �� o0 0 CITY OF NEWPORT BEACH MINUTES February 9, 1989 RdWbALL INDEX Commissioner Pers6n stated that his reason for the motion to deny the use permit is that there was enough testimony during the public hearing for him to believe that the applicant does not intend to occupy the property. In response to a question posed by Commissioner Winburn regarding the motion to deny the Granny Unit, Ms. Korade explained that if the Planning Commission found reasons why the Granny Unit would be detrimental, then the use permit could be denied. * Substitute motion was voted on to table Use Permit No. Ayes * * * Noes * * * 3341, MOTION CARRIED. The Planning Commission recessed at 9:07 p.m, an reconvened at 9:20 p.m. •A. Use Permit No. 3076 (Continued Public Hearing) Item No.7 Request to review a previously approved use permit whict UP3076 permitted the establishment of the Newport LandinF UP3122A Restaurant with on -sale alcoholic beverages and live Continued entertainment on property located in the C -1 District. to 3 -9 -89 LOCATION: Parcel 1 of Parcel Map 196 -3 (Resubdivision No. 765), located at 50 Edgewater Place, on the southeaster) corner of Edgewater Place and Adam Street, in Central Balboa. ZONE: C -1 APPLICANT: Douglas L. Salisbury, Irvine OWNER: Same as applicant AND B. Use Permit No 3122 (Amended) Continued Publi Hearing Request to review a previously approved use permit whic permitted the construction of the Edgewater Plac complex, including the Parker's Seafood Grill with on sale alcoholic beverages and live entertainment, an -19- COMMISSIONERS y�G�y9��y 19p- Q9Jc s CITY OF NEWPORT BEACH MINUTES February 9, 1989 RCWCALL INDEX Edgewater Place parking structure on property located in the C -1 District. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract, located at 309 Palm Street on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Michael B. Divaris, Virginia Beach, Va. OWNER: Same as applicant James Hewicker, Planning Director, stated that staff has recommended that this item be continued to the March 9, 1989, Planning Commission meeting. on * Motion was made and voted on to continue Use Permit No. 9, 3076 and Use Permit No. 3122 (Amended) to the March Ayes 1989, Planning Commission meeting. MOTION CARRIED. DISCUSSION ITEMS: Discussion Items Use Permit No. 3070 (Amended) D -1 Request to recommend the revocation of Use Permit No. 3070 (Amended), Gelato Classico Cafe on property locate UP3070A at 2756 East Coast Highway, for failure to comply wit specific conditions of approval. No Action Taken LOCATION: A portion of Lot 5, Block M, Tract No. 323, located at 2756 East Coast Highway, on the northeasterly side of East Coast Highway, between Fernleaf Avenue an Goldenrod Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert W. Forstrom, La Canada OWNERS: Alex and Eskandar Pourgol, Huntingto Beach -20- . COMMISSIONERS Si q A� �� Oi OCR CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROM "CALL INDEX James Hewicker, Planning Director, delivered a brie statement pertaining to the purpose of the subject item as it was described in the staff report. In response to questions posed by Commissioner Pers6n, Mr. Hewicker stated that when staff visited the site this date, they observed unidentified empty trash containers that were on the parkway at the edge of the curb on Goldenrod Avenue. Chairman Pomeroy stated that he had been on the site this date at 9:00 a.m. and the trash containers locate on the parkway were full. Commissioner Pers6n indicate his concern that the trash was located in a public right -of -way. Mr. Hewicker pointed out that it is not violation for the businesses to set the trash containers on the sidewalk for trash pickup. Commissioner Debay referred to Said Shokrian's letter dated January 17, 1989, wherein it is stated that an agreement has been made between Mr. Forstrom and Mr. Shokrian that Gelato Classico's trash is permitted to be dumped into the dumpster located in the back of the parking lot on the adjoining property. Commissioner Debay commented that the unidentified trash that was observed this date may not have been Gelato Classico's. Mr. Hewicker commented that said dumpster was empty when staff visited the adjoining property. Mr. Greg Armstrong, Environmental Services Coordinator, Police Department, appeared before the Planning Commission to state his findings regarding Gelato Classico. He stated that the first complaint that he received was on August 26, 1988, wherein he observed that the take -out restaurant had litter, ten 30 gallon trash cans, and bags of trash that were piled high on the sidewalk next to the building on Goldenrod Avenue. Mr. Armstrong commented that the back doors of Gelato Classico and Mucho Munchies, a take -out restaurant adjacent to the subject take -out restaurant, exit to a small walkway on Goldenrod Avenue, and he said that he concluded that the take -out restaurants, the do grooming business, and the boutique all contributed to the trash. Mr. Armstrong stated that the City provides a five day a week trash pickup in the area, and during the summer, • trash is also picked up on Saturdays. He pointed out that the Municipal Code states that trash may be set out the night before pickup, and the containers have to be -21- COMMISSIONERS N�*9cc�� Am CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROM 'CALL INDEX removed by evening. Mr. Armstrong concluded that it is difficult to administer a complaint in areas where there is daily pickup inasmuch as the trash could be out all of the time. He said that after visiting the site he contacted the City's Code Enforcement Office, inasmuch as he cannot enforce conditions of a use permit. Mr. Armstrong indicated that there were other occasions when it was clear that the trash was coming from Gelato Classico and Mucho Munchies. Mr. Armstrong stated that he met with Mr. Forstrom after the applicant contacted him in January, 1989, regarding the need that Gelato Classico comply with the conditions of the use permit. Mr. Armstrong stated that Gelato Classico has a residential trash compactor in the back room where there is no storage space. Following discussion between the two parties concerning the trash, Mr. Armstrong suggested that Mr. Forstrom contact Mr. Shokrian regarding the use of the foregoing dumpster. Mr. Armstrong stated that he is not aware if Gelato Classico creates traffic congestion. He commented that • he has observed customers' automobiles have been parked in the red zone occasionally. He said that the nine collisions that were reported in the vicinity of Gelato Classico in 1988 is not an extraordinary number for a major intersection. Don Webb, City Engineer, and Mr. Armstrong concluded that it would be difficult to determine if said collisions could be directly related to Gelato Classico. Mr. Armstrong stated that the City has advised him that it is difficult to pick up the quantity of trash that accumulates at the subject site because the trucks have to block the intersection for a lengthy period of time. Commissioner Persbn and Mr. Armstrong discussed the terms of the agreement between Mr. Shokrian and Mr. Forstrom. In response to a question posed by Commissioner Edwards, Mr. Armstrong stated that he has been the Police Department's Environmental Services Coordinator for two and one -half years. In response to a question posed by Commissioner Di Sano, Mr. Armstrong stated that he cannot enforce conditions of a use permit because said conditions cannot be taken • to court. _22_ . COMMISSIONERS MINUTES �mG 9w 99 y y mqy February 9, 1989 9y oy l��OS,Zo CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Robert Forstrom, applicant, appeared before the Planning Commission. Mr. Forstrom referred to the Traffic Engineer's report pertaining to traffic collisions within the vicinity of Gelato Classico, an he said that there were 15 accidents in 1988, includin two accidents that occurred between 6:00 a.m. and 10:3 a.m. Commissioner Debay stated that the petition requestin that Gelato Classico open at 5:00 a.m. consisted of 90 customer signatures, and she pointed out that many o the addresses come from the Downcoast area. Commissioner Debay further stated that the approval of the use permit was based on foot traffic, and she suggested that Gelato Classico move to a site that has adequate parking inasmuch as the take -out restaurant has probably outgrown the subject site. Commissioner Debay determined that Gelato Classico is a destination point for many customers on the way to another destinatio point. • Mr. Forstrom stated that destination point was the only issue that came up during previous public hearings, an not walk -in traffic. Mr. Forstrom defined " destinatio point" as a final destination and not as an intermediate stop. In reference to the petition, Mr. Forstrom state that 60 to 70 of those customers arrive in the morning compared to 60 to 80 automobiles per minute, and he commented that the petitions were on the take-out counter for signatures throughout the day. Commission Pers6n commented that the names and addresses of the Planning Commission were also nearby the petition. Commissioner Pers6n emphasized and reviewed Mr. Forstrom's previous violations of the use permit, and he said that the violations would indicate that Mr. Forstrom was not being a "good citizen ". Based on the number of letters that the Planning Commission receive in support of the take -out restaurant opening at 5:0 a.m., Commissioner Pers6n concluded that the take-out restaurant has outgrown the subject site, or, he concluded, the business should open at 11:00 a.m. a originally approved. Commissioner Pers6n stated that the Planning Commission considers a destination point to be when an individual gets into an automobile to g • somewhere and the person intends to stop at Gelat Classico. He said that when an individual is walkin along and decides to stop by a restaurant, then tha would be considered a non - destination point. Commissioner Pers6n concluded his statements by -23- COMMISSIONERS MINUTES y�G 9 ���y�yyyk February 9, 1989 �9�yf OHO y ` CITY OF NEWPORT BEACH ROLL CALL INDEX outlining the numerous violations to the amended use permit, and the actions that the Planning Commissio could take regarding the infractions. Commissioner Di Sano concurred with Commission Persdn's foregoing statements. Commissioner Di San referred to his personal experiences as a businessman, and he explained that when he is considering opening new business, he contacts the applicable City to determine what the regulations are within said City. I reference to the numerous letters that were mailed by customers to the Planning Commission in support of the applicant, Commissioner Di Sano stated that there are rules that businessmen must adhere to, and if the rule are not followed, then other businesses would follow suit. Mr. Forstrom concurred; however, he said that inasmuch as the ice cream business is not that good, he improved his business by serving morning coffee. Commissioner Pers6n referred to the mail campaig conducted by the applicant to allow him to open at 5:0 • a.m. He said that if the Planning Commission granted the applicant his request to open at 5:00 a.m. then message would be sent to the business community that it would be okay to violate the use permit. Mr. Forstrom stated that the intent of the letters was to support his staying in business inasmuch as it appeared that th Planning Commission intended to revoke his use permit. Mr. Forstrom commented that the cover letter issued by him that generated the letters of support did not say anything about 5:00 a.m. Mr. Forstrom and Commission Pers6n discussed the campaign the applicant institute for public support. Chairman Pomeroy stated that there is a concern by the Planning Commission that the applicant will continue to violate the conditions of the use permit. In response to numerous questions posed by Commission Edwards, Mr. Forstrom replied that he has been i compliance with all of the conditions of the use permit since the day of the last public hearing, January 5, 1989; that he has a small trash compactor; that the foregoing agreement between Mr. Shokrian and himself is a new agreement; and that the trash that was observe this date was not Gelato Classico's trash. Commissioner Pers6n warned the applicant that if the Planning Commission determined that the take-out restaurant could remain in business, and if there were 24 COMMISSIONERS Gay �oy��C.y�yO CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX any further violations to the use permit, that the next time the use permit came before the Planning Commissio it would be set for revocation. In response to a question posed by Commissioner Debay, Mr. Hewicker stated that the applicant is currently i compliance with all of the conditions of the use permit. Mr. Hewicker presented background information regarding Mucho Munchies, a take -out restaurant, located adjacent to the Gelato Classico, at 2754 East Coast Highway, H commented that the subject building site occupies the entire property, there is no alley to the rear of sai property, or any setbacks where trash can be stored. Discussion ensued between the Planning Commissio regarding Commissioner Di Sano's suggestion that the Planning Commission review the subject use permit withi three to six months. Commissioner Pers6n requested that the public hearing be restricted to trash discussio only, and he referred to Condition No. 5, of Use Permit No. 3070 (Amended) that was approved on September 5, • 1985, that allows the Planning Commission to review the use permit at any time. Chairman Pomeroy referred t the agreement between Mr. Forstrom and Mr. Shokrian that permits Gelato Classico's to dump trash into a dumpste located on the adjoining property. Ms. Korade commented that the agreement is not a condition, and she said that the agreement could be terminated between the two parties without being required to notify the Planning Commission. Commissioner Edwards addressed the agreement between Mr. Forstrom and Mr. Shokrian, and the Planning Commission' current review of the use permit. Commissioner Edward recommended that the Planning Commission take no action. Commissioner Winburn concurred with Commissioner Debay' statement regarding the number of signatures on the petition in support of the take -out restaurant, and she commented that Gelato Classico's has outgrown it present location. She said that if the take-out restaurant moved to another location there would be adequate parking for customers and employees. She referred to Condition No. 5 of the approved, amended use permit, which states that the Planning Commission ca review the use permit at any time, and to Condition No. 8, of the original Use Permit No. 3070 that was approve at the November 10, 1983, Planning Commission meeting, which states "that all trash, including compacted tras bags and recyclable containers, shall be stored withi -25- COMMISSIONERS yd 9'A y9m'9iL C�Oly0 CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROLL CALL INDEX the building until they are to be picked up. ". Sh commented that if said condition is violated, then th Planning Commission would call the use permit back an set the use permit for revocation. Mr. Forstrom concurred with Commissioner Winburn's previous statements. He referred to a previously approved application to open a take -out restaurant within the medical complex of Newport Center on San Miguel Drive, and he stated that many of his customer would attend that site. In response to a question pose by Commissioner Merrill, Mr. Forstrom stated that some of the customers will go to the Newport Center site because of the difficult parking on East Coast Highway, and he said that the site would be convenient for his customers who work in Newport Center. Commissione Merrill and Mr. Hewicker reminded Mr. Forstrom that when the Newport Center application was approved, it was understood that the take -out restaurant would service tenants of the medical block. Use Permit No. 3153 D_2 Request to consider reviewing Use Permit No. 3153 that UP 3153 permitted the establishment of a take -out restaurant in conjunction with a Mexican delicatessen on property No Action located in the C -1 District, and waived the required Taken off - street parking spaces. LOCATION: A portion of Lot 5, Block M, Tract No. 323, located at 2754 East Coast Highway, on the northeasterly side of East Coast Highway, between Fernleaf Avenue and Goldenrod Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Alex Lovera, Corona del Mar OWNERS: Alex and Eskandar Pourgol, Huntington Beach Chairman Pomeroy stated that the purpose of the review of the subject use permit is because Mucho Munchies has been a contributor to the trash problem on the parkway adjacent to Goldenrod Avenue, even though there have been no complaints regarding the subject take -out restaurant. -26- . COMMISSIONERS y�G ANG � G CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROEFCALL INDEX Commissioner Pers6n stated that it is difficult to determine where the trash originates, and inasmuch as Mucho Munchies contributes to the trash problem, the applicant should be informed of the Planning Commission's concern regarding trash on the site. Mr. Alex Lovers, applicant, appeared before the Planning Commission. Mr. Lovera stated that his restaurant operation has been moved to Costa Mesa, and that the prepared food items are delivered to the subject take- out restaurant establishment. Mr. Lovera stated that he would cooperate with any recommendations that the Planning Commission would make to control the trash, including a contribution to use the same dumpster a Gelato Classico. He stated that the business is ope from 9:30 a.m. to 10:30 p.m. daily, and that adult employees maintain the sidewalk. Mr. Lovers. added that the adjacent boutique and dog grooming facility als contribute to the trash. Commissioner Pers6n state that he would like to see the four businesses share the responsibility for the trash. The Planning Commission indicated that they would no take any action regarding the subject use permit. ADDITIONAL BUSINESS: Add'l The Planning Commission directed staff to schedule Business discussion item on February 23, 1989, regarding the conflicting dates of the Planning Commission meeting ol 4 -6 -89 April 6, 1989, and the California League of Citieg PCM Planning Commission Institute in Monterey. Chairman Pomeroy requested a clarification of the Grann Unit Ordinance regarding the time of occupancy of th Granny property owner as it relates to the granting of a us Unit permit. Carol Korade, Assistant City Attorney, state Ordinance that she would review the City Council and Plannin Commission Minutes regarding the implementation of th Granny Unit Ordinance and the statements of intent Commissioner Edwards and Ms. Korade discussed • connection to the Certificate of Occupancy. -27- COMMISSIONERS �mo9\XA\r 9 Omyo. CITY OF NEWPORT BEACH MINUTES February 9, 1989 ROL CALL INDEX The Planning Commission directed staff to schedule discussion item on March 9, 1989, so as to review an clarify the intent of the above mentioned portion of the Granny Unit Ordinance. Commissioner Di Sano suggested that the Planning Commission schedule a discussion item on March 9, 1989, Staff in conjunction with considering the re- establishment of Recommenda- staff recommendations on Planning Commission staff tions' reports. Motion * Motion was made and voted on to excuse Chairman Pomero Pomeroy/ All Ayes and Commissioner Merrill from the February 23, 1989, Merrill Planning Commission meeting. MOTION CARRIED. Excused ADJOURNMENT: 10:25 p.m. Adjournment GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • _28-