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HomeMy WebLinkAbout02/19/1998• • • CITY OF NEWPORT BEACH Planning Commission Minutes February 19, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Selich, Gifford, and Ashley. Commissioners Ridgeway, Kranzley and Adams were excused. In Chairperson Kranzley's absence, Commissioner Selich conducted the meeting. STAFF PRESENT: Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Richard L. Hoffstadt, Principal Civil Engineer, Development Engineer Niki Kallikounis, Planning Secretary Ginger Varin, Planning Commission Executive Secretary Minutes of February 5.1998: Motion, was made by Commissioner Ashley and voted on to approve, as corrected, the February 5, 1998 Planning Commission Minutes. Ayes: Fuller, Selich, Gifford, Ashley Noes: Absent: Ridgeway, Kranzley, Adams Abstain: Public Comments: none Posting of the Agenda: The Planning Commission Agenda was posted on Friday, February 13,1998 outside of City Hall. Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes February 19, 1998 • is SUBJECT: Activities Incorporated (Kathy Miller, applicant) 501 30'h Street (Continued from November 20,1997) • Use Permit No. 3614 Request to establish a private banquetfconferenoe facility in a space formerly occupied by a full service restaurant. The operation will function as a banquet facility that will operate evenings, weekends and with limited weekday daytime operations for events such as private parties and weddings. The application would allow the following: • on -site sale and /or consumption of alcoholic beverages, • waiverof a portion of the required parking, • valetparking, • live entertainment and dancing. Motion was made by Commissioner Gifford to continue this item to March 19th. Without objection and by acclamation, motion passed -4 Ayes, 3 Absent. www SUBJECT: Losey Residence 319 Carnation Avenue, (Continued from January 22, 1998, and February 5, 1998) • VarianceNo.1217 Request to allow retention of or modifications to a building currently under construction that 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 that exceeds the permitted floor area, does not meet the requirements for 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 that 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. Motion was made by Commissioner Gifford to continue this item to March e. Without objection and by acclamation, motion passed - 4 Ayes, 3 Absent. Item No.1 UP 3614 Continued to 3119/98 Item No. 2 V 1217 Continued to 315198 INDEX City of Newport Beach Planning Commission Minutes February 19, 1998 SUBJECT: Tim and Liza Goodell 508 29th Street (Continued from February 5, 1998) Request to permit the use of in -lieu parking on a city owned public parking lot located on 30th Street and Villa Way. Payment for the use of in -lieu parking will be used to meet a portion of the restaurant parking requirement. The request is due to the loss of a previously approved off -site parking arrangement required per Condition No. 8 of Use Permit No. 3611. Motion was made by Comm issionerGifford to continue this item to March e. Without objection and by acclamation MOTION CARRIED - 4 Ayes, 3 Absent. SUBJECT: Billos' Cafe (Dennis D'Alessio, applicant) 325 Old Newport Boulevard • A use permit for a 650 square foot, 20 seat, full - service, small -scale eating and drinking establishment (coffee shop). The application includes a request for a waiver of all required off - street parking spaces. Patrick Alford, Senior Planner, stated the property on which the project is proposed is nonconforming in that it provides no on -site parking. Although there is parking available in the public right -of -way and on the public property south of the of the project site, staff does not feel it is sufficient both in terms of parking spaces and in the nature of improvements to warrant a wavier of the off - street parking requirements. Therefore, staff is recommending the denial of the waiver and the use permit. Commissioner Fuller asked staff what the plan was for the right-of-way to the south of the proposed restaurant, and its current use. Civil Engineer Hoffstadt stated that the right -of -way that sits south of the restaurant is partially Cal Trans right -of -way and partially City of Newport Beach right -of -way. An aerial plan was distributed to the Commissioners that delineated the portion of the Cal Trans right -of -way (outlined in green) and the Old Newport Boulevard right -of -way (outlined in red). In order to make a parking lot out of it, both of the parcels are needed to make it wide enough to have a reasonable Municipal parking lot. The City has not contacted Cal Trans about the totally unimproved parcel. People do use it at a heavier density right now than if it were striped. Commissioner Ashley stated when Old Newport Boulevard Specific Plan was brought back, he thought it was north of Hospital Road where there was to be • INDEX Item No. 3 Use Permit No. 3611 Amended Continued to 315198 Item No. 4 UP 36202 Continued to 3119/98 • City of Newport Beach Planning Commission Minutes February 19, 1998 a median strip dropped that would allow diagonal parking. Is that beyond the area where this restaurant is and was answered by staff yes, it is north of Hospital Road. Discussion ensued about the ten year plans for that site and the two right -of- ways there. The area is utilized for parking but it is not developed as a Municipal lot. In order to use it as a Municipal City parking lot, it would have to be paved and metered. Commissioner Fuller asked Assistant City Attorney Clauson if the cars parked there are illegally parked to which Mrs. Clauson noted that it has never been brought to the attention of the City Attorney's office. She has never noticed that the area has ever been posted "No Parking ". Mrs. Wood stated she had a conversation with the Public Works Director about this matter and there had been consideration of submitting a Capital Project request to repave this area and convert it into a Municipal parking lot. Mrs. Wood stated she thinks the Director feels to do that, we would have to meet the City's standards for parking, as Mr. Hoffstadt has indicated. In doing that, the City would lose parking spaces that are being utilized now, so in trying to correct or improve the situation, we would be worsening the parking situation which, although it is informal, works for the existing businesses in that area. • Commissioner Gifford asked who uses the parking lot in relation to in -lieu parking fees that briefly came up. A lot of businesses pay in -lieu parking fees and assumes there is no such arrangement with regard to this informal lot. Planning Director Temple stated the in -lieu parking program as established in the Municipal Code allows for the City to grant that right in a Municipal parking lot. This is not a developed Municipal parking lot; this is an informal use of right -of -way. Commissioner Selich asked how this parking lot was addressed in the Specific Plan for Old Newport Boulevard and was answered it was not shown for any capital improvements. Continuing, he asked what the land use was showri, and was answered it was shown as right -of -way. He then asked who was actually using this lot, is it really being used by people going to the businesses or is it being used as a park and ride lot? Ms. Temple stated that the City could never actually address who is fully using it. Based on her knowledge of the area, the users in the, three buildings are using it as well as some of the businesses across the street, and there could be other casual uses such as park and ride. Ms. Temple stated that on occasional basis some of the other restaurants might use it as an overflow valet location. At Commission inquiry, Mr. Hoffstadt explained the process for converting it to a Municipal Lot, and conformance to the Traffic Standards for parking that would have to be investigated. Commissioner Selich asked regarding the tent structure on the property and if it was part of the construction if the Arches bridge? Mrs. Wood answered no, INDEX • City of Newport Beach Planning Commission Minutes February 19, 1998 that one of the businesses in the building was using it for storage of materials without City permission. Commissioner Selich asked if they have been cited or requested to remove it? Mrs. Wood stated it has not been done yet. Public Comment was opened. Dennis D'Alessio, the applicant of 325 North Newport Boulevard, approached along with his father Dennis D'Alessio, Sr. and stated their intention was to put a small coffee shop and an Internet cafe. He stated they print the Yellow Pages for Newport Beach and they put together an Internet Yellow Pages, and the idea was to put a couple of Internet stations in the coffee shop so their advertisers can see it when they have their coffee. They have gotten health permits on the structure and that in the application there was consent to do a 9 -seat restaurant. Mr. D'Alessio stated the parking lot is paved but could use some repair. They have gotten estimates on fixing the parking lot and it comes to about $22,000. He stated if there was a way for them to get the rights to fix the parking lot, they would pay the cost for the repairs as they are the primary users of the lot, and the only people they would attract are the neighbors in the area and most of them would walk to the facility. Mr. D'Alessio, Sr. Stated they would be happy to upgrade the lot. They want 20 seats in the cafe because that is what they need to accommodate the people in their building and the adjoining businesses. He stated they could • accommodate 27 parking spaces within that area. He feels with a curb, 6 more spaces could be available and thus ample parking for the cars. Commissioner Fuller asked the applicants if they understand the Commission could not give him the right to park in a Cal Trans right -of -way, and the sketch that was provided to the Commission includes the Cal Trans right -of -way. Mr. D'Alessio, Sr. agreed that the sketch does include the Cal Trans right -of -way. Commissioner Fuller restated the Planning Commission could not give them the right to park in the Cal Trans right -of -way. Commission Fuller asked Mr. D'Alessio if they can exist with 9 seats? Mr. D'Alessio, Sr. stated it is economically unfeasible. They would like to at least accommodate their building. Commissioner Selich asked the staff if there was any mechanism in place city wide to assist in this situation. Planning Director Temple stated, based on her reading of the Code, there is not but they could go back and research it further. The In -lieu parking section of the code refers to Municipal parking lots. Assistant City Manager referred the Commission to page 5 of the staff report regarding the findings for waiving the off street parking spaces, it is only one or more of the findings that need to be made, the first one being the parking facility is so located that it can be useful, if that finding can not be made there are the others. Staff did not think the other findings could be made, but if the Commission may feel differently. . Commissioner Fuller asked staff about the requirement of providing seven off- INDEX • City of Newport Beach Planning Commission Minutes February 19, 1998 street parking spaces. Planning Director Temple answered the existing use would require parking at a ratio of one space to every two hundred and fifty square feet, so the existing 650 square feet would require the addition of three parking spaces. There are currently no, parking spaces on site, so it is considered legal, non - conforming. The request is to intensify the use to the extent that four additional spaces are required, so it would increase the nonconformity. The report is saying the requirement for seven is four more than the existing requirement of three. Commissioner Selich stated the existing non - conforming situation has a deficit of three and by adding the restaurant the deficit increases to seven, so the incremental difference is four. Commissioner Gifford asked Messrs. D'Alessio how many employees they have to run the coffee shop. Mr. D'Alessio, Sr. stated two. Commissioner Selich asked if they are actually going to run the coffee shop. Mr. D'Alessio, Sr. stated they would at first, then hire someone else to take over as they live in Marina del Rey. Public Comment was closed. Commissioner Fuller asked staff the following: we have the right -of -way to the south which has some constraints as regards to parking, but thinks we could • get four parking spaces out of that, is that correct? Mr. Hoffstadt responded it would have to be developed as a Municipal parking lot and would take an action by the City Council to direct staff to do an investigation to find out what could or could not be public right -of -way. Mrs. Wood added this is not a question that the four or seven parking spaces required for this proposed use could fit somehow on this area, particularly if it were improved. What staff considered is that this parking area, in its informal state, is fully used now with the existing uses on the site and elsewhere. Staff is concerned with changing to a use that is more intense and has a higher demand for parking. We have a situation of an informal lot that appears to be fully used, and if we convert it to a formal lot, we will have fewer spaces. Commissioner Ashley stated he did not believe this would be a "destination" coffee shop where people are going to leave their homes with the deliberate intention of driving to the coffee shop. On the one hand he would like to see the applicant have the opportunity to build a cafe but by the same token he does not want to start to create a precedent where we just ignore our own off - street parking requirements. Commissioner Fuller stated he is having a hard time thinking why the Commission should not approve this application. He stated he understands the parking issue but in actuality there are enough parking for more than seven cars. Commissioner Fuller stated he feels the applicant is bending over backwards to put in a 650 square foot restaurant, and if it fails, the city ends up with a paved parking lot which looks a lot better than what is there now. He is inclined to support the applicant. INDEX City of Newport Beach . Planning Commission Minutes February 19, 1998 Commissioner Gifford stated her feeling is in this case is we have someone who owns the building already. She does not agree with the philosophy that because there is informal parking, improving the lot would reduce the parking, therefore we should not do it. It is an eyesore, the plans to improve the building are very nice, and if the parking lot were improved, it would be an improvement for the community. Commissioner Selich stated that he believes eventually there will be some things in place to provide parking, because for this area to work, there will have to be some type of district wide parking solution. Commissioner Selich stated he agrees that the applicants offer to improve the lot is generous but it is not appropriate for him to go to Municipal property to improve the lot. He stated he is leaning towards approval of the application but does not think the applicant should get away scot -free on parking and is not sure what the solution. We should have some type of mechanism in place, if we do not get a fee at this time, to get some type of commitment to participate in the assessment district or whatever solution is implemented. Commissioner Ashley asked the Assistant City Manager if there is any way that the city would consider declaring the land area a Municipal Parking lot? Mrs. Wood responded that it is a possibility but it is something that needs to be explored and proposed as part of the upcoming budget process. She also stated if the Commission is inclined to approve this application but wants some • consideration from the applicant for the parking wavier, Commission could consider a payment towards the eventual improvement of the parking lot, one lump sum payment from the applicant proportionate to the number of parking spaces that he needs to provide. Assistant City Attorney Clauson stated the In -lieu parking is the codified authority for the city to exact payments and fees. One thing that could be explored is an encroachment permit through Public Works. Public Works Department has used them to allow people to encroach on and use public property and private right -of -way. Those permits sometimes can require fees such as a lease payment for the use of the property. They also require full insurance coverage and indemnification for the city. Commissioner Fuller asked about • the liability issue • who would improve the four spaces • the encroachment permit fee could be equal to what an In -lieu parking fee would be • the spaces restricted to their use. Ms. Clauson answered: • encroachment permits require indemnification, and in this case probably would require insurance as well. • thinks this is something that needs to be explored between the Public Works Department and the Planning Department. • the City does not usually charge a fee for people to encroach on city • INDEX • City of Newport Beach Planning Commission Minutes February 19, 1998 property; sometimes just making them pay for the improvements, etc., as long as it was kept open and not for their private use. Commissioner Selich stated to Commissioner Gifford that the problem in his mind is allowing an encroachment without consideration. But if we get a consideration equal to an In -lieu parking fee, then there is some consideration given to the City for the wavier for parking. Commissioner Gifford stated that the idea has a lot of potential. Particularly if we are talking about an encroachment permit that would relate to everything that is in the right -of -way; if the applicant then bears the expense of improving it to city standards, and has the exclusive right to four spaces. Commissioner Selich asked the applicant to come forward. Commissioner Selich asked Mr. D'Alessio if he has seriously looked into the cost of paving the lot. Mr. D'Alessio, Sr. stated they have seven bids on it. They plan to pave the full parking lot. Commissioner Selich asked if the Commission were to accept the applicant's offer and deemed it was appropriate to pave and stripe the lot in the manner the applicant is suggesting and accepted it as a trade off for the wavier for the four spaces, do we have the mechanisms to allow him to do that, is that feasible at all? Assistant City Attorney Clauson stated it would create problems, the least of which would be liability problems because it would then have the appearance of a public parking lot that we would not be operating or • maintaining or would have any control over which is what we have now. In addition to the fact that Cal Trans right -of -way is part of the lot. Commissioner Selich asked if Mrs. Clauson could think of any conceivable circumstances that we could work with to allow this to happen? Mrs. Clauson stated she is suggesting that there are some but we need to explore whether they are really feasible, and she can not go through it at this time. Motion was made by Commissioner Ashley that this item be continued to March 19th and be turned over to the Planning staff and the City Attorney's office to find out exactly what kind of encroachment permit on city property would be most appropriate, cover the kinds of stalls the Planning Department feels would be appropriate and that the applicant be aware that when the recommendation comes back, which he will see in advance, that he will be expected to keep in mind who makes the improvements in that parking lot in order to satisfy the parking requirements. Commissioner Fuller asked Commissioner Ashley if his motion would include consideration for liability as well as the parking lot being built to city standards as well as possible lease fees or some sort of remuneration to the city? Commissioner Ashley agreed that his motion would include all of the above. Without objection and by acclamation, motion passed - 4 Ayes, 3 Absent. E INDEX • City of Newport Beach Planning Commission Minutes February 19, 1998 SUBJECT: Bistango Restaurant (David.Hohmann, applicant) 900 Bayside Drive • UP 3619 • TS No.113 The project involves the approval of a negative declaration, use permit and a traffic study to allow the construction of a 10,014 square foot, full service restaurant with patio dining and related off - street parking. The use permit includes a request to allow a modification to the Zoning Code to allow the use of tandem parking in conjunction with valet parking service and a request to waive a portion of the restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code. The operational characteristics include live entertainment, the sale and service of alcoholic beverages and the continued service of alcohol after cessation of the regular food service before closing. The site is currently vacant and was formerly occupied by a full - service restaurant facility (Gladstonesfor Fish). Motion was made by Commissioner Gifford to continue this item to March e. Without objection and by acclamation, motion passed - 4 Ayes, 3 Absent. • 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 Use Permit for Windows on the Bay was called up for re- consideration on five or six conditions of approval; Amendment for Rockwell was introduced and that a report was given by the Planning Director on how standard conditions of approval are handled. (Ms. Temple then gave a brief synopsis of her report for benefit of the Commission) 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 - a Condominium Conversion was approved for 2700 Bayside Drive and 404 Fernleaf Avenue; a Lot Line Adjustment was approved for 1871 Port Westbourne Place and a Modification was approved for 1 Vintage Drive. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that he is assuming the chairman leadership role and will be appointed by the City Council on February 23, 1998. He expressed that his concerns of any possible conflict as a Commissionerhad been allayed. d.) Matters which a Planning Commissionerwould like staff to report on at a • subsequent meeting - none. INDEX Item No. 5 UP 3619 and Traffic Study No. 113 Continued to 315198 Additional Business City of Newport Beach • Planning Commission Minutes February 19, 1998 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 - none. ADJOURNMENT: 8:20 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • 10 INDEX