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HomeMy WebLinkAbout03/06/1997• • CITY OF NEWPORT BEACH Planning Commission Minutes March 6, 1997 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Selich and Ashley. Commissioner Gifford arrived at 7:20 p.m. STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Community and 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 February 20,1997: Motion was made by Commissioner Ridgeway and voted on to approve, as written, the February 20th, 1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Kranzley, Adams, Selich, Ashley Noes: none Absent: Gifford (arrived after vote) Abstain: none Public Comments none Postina of the Agenda Ms. Temple stated that the Planning Commission Agenda was posted on Friday, February 28, 1997 outside of City Hall. Minutes Public Comments Posting of the Agenda • • City of Newport Beach Planning Commission Minutes March 6, 1997 1. SUBJECT. CamelbackMlni- Storagell (Dahn Corporation, applicant) 1133 Camelback Street • General Plan Amendment No. 96 -3 (E), • Amendment No. 850 (North Ford /San Diego Creek Planned Community Regulations), • Site Plan Review No. 76 and the acceptance of an environmental document- Negative Declaration. Request to amend the General Plan Land Use Element to redesignate the property for Governmental, Educational and Institutional Facilities /General Industry use and establish the permitted intensity of development and amend the North Ford /San Diego Creek Planned Community Text to allow for the development of an 86,000 square foot mini - storage facility subject to the approval of a site plan review. Also included with the applications is the acceptance of an Environmental Document. Mr. Jay Garcia, Senior Planner presented a summation of the staff report as well as the supplemental report distributed this evening. He explained the increase from 85,000 to 86,000 square foot mini - storage facility (the caretaker's unit was not included in the square footage). The size and modification of the proposed project being reduced from the original square footage of 99,900. Revised plans and changes to the facility are attached as an Addendum. The General Plan Amendment was reviewed by staff and is similar in nature as the project at 1 177 Camelback St. which is compatible to the surrounding uses. The mini - storage facility is located on a portion of the postal service facilities. There is no map involved and they will share access. The Site Plan is also included for approval to ensure compatibility with the aesthetics of the surrounding area. Parking is not an issue for the mini - storage since the facility has areas were vehicles can park in front of the storage areas or the stairways. There is a request to delete condition of approval #11 which calls for the Water Capital Improvement fee to be paid. Research of Public Works records indicates that the fee has already been paid in conjunction with the original Tract. Commissioner Ridgeway asked for and received clarification of the living quarters situated over the office area. Floor plans were referred to showing the location of the manager's residence on the second floor of Building A and the first floor as the office and garage. He then asked about the landscape at the front elevation that faces the street. Mr. Garcia reviewed the landscaping provisions on the site plan as means to soften the view from the street. The depth of the landscape is 20 feet and will include trees. At Commission request, the amount of landscape will be increased with the use of mature trees that will soften the building height of 28 feet from grade level. Commissioner Fuller asked about the site distance on the radius. He continued by expressing safety concerns with posted signs. Mr. Rich Edmonston answered that the conditions on the site evolved from the • INDEX Item No. 1 GPA 96 -3 (E) A 850 Site Plan Review No. 76 Negative Decla- ration Approved • City of Newport Beach Planning Commission Minutes March 6, 1997 shopping center development and the changes that were created on Camelback as a result of that development. This driveway would be close to the Post Office and would have many of those some concerns but at this point there is no indication that there would be any similar types of turn restrictions on the driveway. Reference was made to Condition No. 8 that addresses site distances and it was proposed by Rich Edmonston to change the distance for a speed of 45 miles per hour that would more closely reflect the conditions that exist. Ms. Temple stated that in reviewing the staff report, the applicant raised a concern regarding Mitigation Measure No. 4 regarding the paleontological monitoring. Staff has requested this mitigation measure due to past experience in the area. The applicant has indicated that the actual cut grading may not exceed that which has previously occurred on site. Ms. Temple suggested that this condition be prefaced by the following language: "Should grading occur in such a manner that the soil is disturbed beyond that which has already occurred in association with prior construction or grading on the site, the following measure shall be applied:' Public Hearing was opened. Bob Bradley, Executive Vice President of Dahn Corporation, 18552 MacArthur Boulevard, Irvine - stated that Dahn Corporation is a privately held company that specializes in developing and operating self- storage properties around the country. At the corner of Camelback and Bison, Dahn Corporation developed a storage facility several years ago. This facility is completely leased and has left a demand for more self- storage. The land at 1133 Camelback became available from the post office and was obtained on a long term ground lease (55 years). This lease is to develop a self- storage property identical to the other storage property on the corner. Mr. Bradley then referred to an exhibit and explained the proportions of development to land. He stated that he has reviewed the staff report and the findings and conditions and agrees to all of them as presented. Commissioner Ridgeway asked about the rear portion of the property and ownership. He was answered that the entire fee ownership will remain with the Post Office. It will be left as somewhat a semi - developed parking lot, with some area to be used for truck storage directly behind the Post Office. Commissioner Fuller asked about the design of the lighting, hours and soil contamination. He was answered that the lights will be wall mounted, directed downward so there is no outward spillage and are motion sensitive so they are off at night except if a tenant drives by the office, the motion sensor would turn the light on. The lights are on a 15 -20 minute timer, office hours are from 9:00 a.m. to 5:00 p.m. The gate hours are 6:00 a.m. to 10:00 p.m. and tenants access through a code system that allows them entrance onto the property. The monument sign is internally illuminated and is on a timer as well. Monitoring wells have been placed on this site in conjunction with the Ford Development on Jamboree and the studies are still taking place. E INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 • • At Commission inquiry, Mr. Bradley acknowledged that the City Traffic Engineer is recommending that Condition No. 8, the site distance be designed for 45 miles. He stated that he does not know what that does to the driveway location, but it will be looked at to be sure it works. He acknowledged the recommended change to Mitigation No. 4 regarding the paleontological study. Public Hearing was closed. Motion was made by Commissioner Ridgeway to adopt Resolution 1449, recommending to City Council the approval of General Plan Amendment No. 96-3 (E), adopt Resolution 1450 recommending to City Council the approval of Amendment No. 850 (North Ford /San Diego Creek Planned Community Regulations), Site Plan Review No. 76 and the acceptance of an environmental document - Negative Declaration subject to the findings and conditionswith the noted changes: • Condition No. 8 to be changed from 35 to 45 miles, • Condition No. 11, referencing that the Water Capital Improvementfee be paid, to be deleted, • Condition No. 16 to be changed to double the amount of trees on the plan and to work with staff • Condition No. 17 to include the additional verbiage of *use of motion sensitive area lighting, *lighting wall mounted directed downwards, *lighting of signage off at 10:00 p.m., and • Mitigation Measure #4 to be prefaced by "Should grading occur in such a manner that the soil is disturbed beyond that which has already occurred in association with prior construction or grading on the site, the following measure shall be applied:.:' Commissioner Gifford clarified and it was agreed upon that the motion would read that there will be no lighting after 10:00 p.m. except for lighting activated by motion sensors. The monument and wall sign shall be off after 10:00 p.m. Motion was voted on and approved: Ayes: All Noes: none Absent., none Abstain: none A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the following mitigation measures: Findings: That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Mitigation Measures 1. The Applicant will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines. . 2. Prior to the issuance of a building permit, the applicant shall provide written certification acceptable to the City's Building Department signed by a licensed engineer that the area has undergone a soil clean -up process and any gasoline leakage or soil contamination has been cleared. 3. That prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system is designed, directed, and will be maintained in such a manner as to conceal the light source and to minimize light spillage and glare to neighboring residential uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letterfrom the engineerstating that, in his opinion, this requirement has been met. 4. Should grading occur in such a manner that the soil is disturbed beyond that which has already occurred in association with prior construction or grading on the site, the following measure shall be applied: Prior to issuance of a grading permit, the project applicant shall provide written evidence to the City of Newport Beach that a qualified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and • evaluation of the fossils. If major paleontological resources are INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and to the City of Newport Beach. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City of Newport Beach, or its designee, on a first- refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the City of Newport Beach. Prior to the issuance of a precise grading permit, the paleontologist shall submit a follow -up report for approval by the City which shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. B. General Plan Amendment No. 96 -3 0: Adopt Resolution No._ (attached) recommending to the City Council the adoption of General Plan Amendment No. 96-3 (E). • C. Amendment No 850 fNorth Ford /San Diego Creek Planned Community Text): Adopt Resolution No._ (attached) recommending to the City Council the adoption of Amendment No. 850. D. Site Plan Review No. 76: Findings: 1. That the proposed action is part of the project evaluated in the Negative Declaration prepared for GPA 96 -3(E) and Amendment No. 850. That Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA. The Negative Declaration reflects the independent judgment of the Planning Commission and was reviewed and considered prior to recommending approval of the project. 2. That all applicable standards for the approval of a Site Plan Review are met as established by Section 20.01.070 of the Newport Beach Municipal Code since: The development is consistent with surrounding land uses and with the goals and policies of the General Plan as recommended for City Council approval by the Planning Commission in GPA 96 -3(E). • The development is an extension of existing uses in the block • which are compatible with the character of the neighborhood INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 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 propertywithin the proposed development. 4. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. • INDEX and which will contribute to the orderly and harmonious development of surrounding properties and the City, since the project is designed in accordance with permitted height and site area coverage limitations specified by the North Ford Planned Community Development Regulations which apply to other properties in this block of Camelback Street. • The development has been designed to maximize protection of public views from Bison Avenue which will not be adversely impacted by the height of the proposed buildings. • There are no environmentally sensitive areas on -site or in the vicinity of the subject property. • The project is not located in an area of unique geologic hazards. • The proposed project is not a residential project and will meet City noise standards for the proposed manager's residential unit. • The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that the project has been designed with increased setbacks which add to the functional efficiency of the traffic and pedestrian circulation of the project. • The proposed development fully conforms to the established • development standards for the North Ford /San Diego Creek Planned Community District, as recommended for City Council approval by the Planning Commission in Amendment No. 850. Further, that the proposed development in the North Ford /San Diego Creek Planned Community District will not preclude implementation of specific General Plan objectives and policies. • Electrical and similar mechanical equipment and trash areas, as conditioned by this approval, will be concealed from view to prevent any potential aesthetic nuisance or impact. • There are no known archeological or historical resources on -site and mitigation measures included with this approval will preserve any sites which may be uncovered. • The commercial development proposed is an extension of existing uses in the block and the project as conditioned by this approval will not have a significant adverse effect on the residential uses in the vicinity. 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 propertywithin the proposed development. 4. That public improvements may be required of a developer per Section 20.01.070 of the Municipal Code. • INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That Site Plan Review No. 76 will not become effective unless and until General Plan Amendment 96 -3(E) and Amendment No. 850 are approved by the City Council. 3. That all conditions of approval of Amendment No. 850 and related mitigation measures of the environmental document shall be fulfilled. 4. That the hours of operation of the mini - storage facility shall be limited between the hours of 6:00 a.m. and 10:00 p.m., daily. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to • guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be designed in accordance with Newport Beach Standard Drawings, unless otherwise approved by the Public Works Department (City Traffic Engineer), 8. That the intersection of the private drive and Camelback Street be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls, the monument sign and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line as defined by City Standard 110 -L. That the security gate at the entrance shall be designed to provide a turnaround prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 10. That the on -site drainage be conveyed to the public right -of -wayin a manner acceptable to the Public Works Department. That any modifications or extensions to the existing storm drain system shall be the responsibility of the developer. it. Disruption caused by construction work along roadways and by movement of • construction vehicles shall be minimized by proper use of traffic control INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Camelback Street right -of -way unless otherwise approved by the Public Works Department. 12. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code, unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 13. That all mechanical equipment and trash areas shall be screened from public streets and adjoining properties. 14. That the required number of handicapped parking spaces shall be designed within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 15. That a landscape and irrigation plan for the site shall be approved by the • Public Works and Planning Departments. Landscaping shall be provided along the street frontage of CamelbackStreet to provide adequate screening from the neighboring residential uses. The landscaping shall be installed in accordance with twice the amount of mature trees as shown on the prepared plans. 16. That the project shall be designed to eliminate light and glare spillage on adjacent streets and uses by: • use of motion sensitive area lighting • lighting wall mounted directed downwards • lighting of signage off at 10:00 p.m. 17. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 18. That this Site Plan Review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 K of the Newport Beach Municipal Code. 2. SUBJECT: Joe Moreira'sJiu- JitsudeBrasil 2026 Quail Street • Use Permit No. 3602 Request to permit a martial arts studio in an existing commercial structure. fL J INDEX Item 2 UP No. 3602 Approved • City of Newport Beach Planning Commission Minutes March 6, 1997 Ms. Temple stated this type of facility will not impact the parking supply within the area, therefore, staff has no concerns regarding this project. Public Hearing was opened. Mr. Mark Hines spoke on behalf of the applicant. He stated that the applicant understands and agrees to the findings and conditionsof Use Permit No. 3602. Public Hearing was closed. Motion was made by Commissioner Kranzley for approval of Use Permit 3602 subject to the findings and conditions as attached in Exhibit A. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: None Absent: None Abstain: None Findings 1. That the proposed private instructional facility 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 land use designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the 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 project site provides adequate off - street parking spaces for the proposed private instructional facility. Conditions: The proposed private instructional facility is compatible with surrounding land uses because it has characteristics similar to instructional and fitness facilities currently operating on the site and which have not generated any particular problems or complaints. We • City of Newport Beach Planning Commission Minutes March 6, 1997 • That development shall be in substantial conformance with the approved site plan and floor plan. 2. That all employees shall park their vehicles on -site at all times. 3. That the hours of operation shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 2:00 p.m. on Saturdays. Any increase in hours shall be subject to the approval of an amendment to this use permit. Any increase in hours in conjunction with special or holiday events shall be subject to the approval of a special event permit issued by the Recreation Division and approved by the Police Department. 4. The number of students shall be limited to a maximum 15 at any one time. 5. That any noise generated by the use 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 no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 7. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, should any change be made to the existing configuration. 9. That the project shall comply with State Disabled Access requirements. 10. That the Planning Commission may add to or modify conditions of approval to this use permit or the use permit may be revoked, 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. 11. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 (A) of the Newport Beach Municipal Code. 3. SUBJECT: APC Salon (Zell! Soudabeth, Applicant) 4540 Campus Drive • Use Permit No. 3603 INDEX Item No. 3 UP No. 3603 • City of Newport Beach Planning Commission Minutes March 6, 1997 To allow the establishmentof an independent massage use as an accessoryuse in an existing personal service beauty salon. Ms. Temple noted that this Use Permit can technician operating at this facility receives a Code of the City of Newport Beach. Public Hearing was opened. not be exercised until any massage license under Title 5 in the Municipal Ms. Massy Farzine - property manager for John Saunders, owner of the building spoke on behalf of the applicant. She stated that the applicant understands and agrees to the findings and conditions of Use Permit No. 3603. Commissioner Ridgeway asked if there were any masseuses hired to work and was answered that the hiring process will start after all the approvals have been obtained. He re- emphasized that each technician hired will have to be licensed by the City of Newport Beach. Commissioner Fuller asked about the sign within the setback. Ms. Farzine answered that the sign will be done by their sign company and will obtain the appropriate permit. It was emphasized that this condition must be adhered to prior to proceeding • with this application. Public Hearing was closed. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3603 subject to the findings and conditions in Exhibit A. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Absent: none Abstain: none Findings: That the proposed development is consistent with the General Plan since an independent massage establishment is a support use permitted in the Administrative, Professional and Financial Commercial designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). 3. That the proposed massage establishment will not be contrary to the public interest or injurious to nearby properties and is consistent with the legislative intent and the location requirements for massage establishments established • in Chapter 20.68 of the Municipal Code for the following reasons: 12 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 • That the massage establishment is not within 500 feet of a public or private school, park or playground, civic center, cultural site or church site. That the massage establishment is not within 500 feet of any other massage establishment. • That the massage establishment is part of a larger, full service salon, which is a use typically found in commercial districts. 4. That the approval of Use Permit No. 3603 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 the proposed operation of the massage establishment, is an accessory use to a beauty salon, and is consistent with the legislative intent of Chapter 20.68 of the Municipal Code. • • That adequate on -site parking is available for the existing and proposed uses. • Conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That the project shall comply with State Disabled Access requirements. 3. That the existing ground sign shall be moved to comply with the applicable setback requirements of the district, unless otherwise approved by the Modifications Committee, and that a building permit shall be obtained for the installation of the ground sign. 4. That only one licensed massage technician shall be permitted at any one time, and that the addition of any additional massage technicians to the business shall be subject to an amendment to this Use Permit. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer, should any changes be made to the existing configuration. 6. That the hours of operation shall be limited between the hours of 8:00 a.m. and 8:00 p.m., daily, as provided in Chapter 5.50 of the Municipal Code. 13 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 u • That all applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled. 8. That at least one parking space for each 250 sq.ft. of gross floor area shall be provided on site for the proposed facility. 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. 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. 4. SUBJECT: Commerce Plaza (Jim Brierly, applicant on behalf of REMM Group, owner) 3900 -4120 Birch Sheet, 1801 -1901 Dove Street 1800 -1900 Quail Street and 3901 -4121 Westerly Place • AmendmentNo.858 Request to amend the Newport Place Planned Community District to allow a change in the list of permitted uses for Industrial Site No. 4, to allow for educational, instructional and institutional uses, subject to the requirement of a use permit. Ms. Temple presented this application as a necessary pre- action to Agenda Item No. 5. Staff has two primary issues with regards to this application: High number of amendments to the original Newport Place Planned Community, relatively uncoordinated and perhaps undermining the original intent of the planned community. In this Industrial Site No. 4, the entire development is quasi - industrial office type which can have some front retail or office operation with fabrication or assembly areas in the rear with a roll up type of door. This is an important use to the city. Adult only business- no minors. Chairperson Adams asked about the similar change previously, it was noted and appreciated then about the proximity of educational facility to adult oriented businesses. What can the city do to re -visit this planned community and make recommendations? Ms. Temple commented this is a concern and this should be included as a staff priority sometime in the near future. This particular planned community was the first one adopted in the city, its intention was to provide for primarily industrial and office 14 INDEX Item No. 4 A No. 858 Approved • City of Newport Beach Planning Commission Minutes March 6, 1997 development which is how it has developed. It sustains high quality development. Many applicationsare being presented that potentially take the Planned Community in another direction and which may reduce the dominant office and industrial uses. At Commission inquiry, Ms. Temple stated that the percentage of floor area is approximately20 to 30% industrial, 50% retail that has some related warehouse aspect and the balance would be office that may or may not have the warehouse type of operation associated with it. Commissioner Selich asked if these were owned by one entity or condominium type ownership. Staff answered they did not know. Commissioner Fuller asked for and received clarification of the age of minors as under 18. Commissioner Kranzley asked Ms. Temple about the length of time a study of the Newport Place Planned Community would take and was answered it would be a lengthy process (1 year +) due to the interface of the property owners in the area. Public Hearing was opened Jim Brierly, Vice President, Academy of Defensive Driving, Inc., 88 Fair Drive, Costa • Mesa - noted that the academy has been providing traffic safety related programs in Orange County since 1968. The academy has been at the fairgrounds since 1973, however, the building currently occupied will be relocated. Mr. Brierly concluded referencing a packet of recommendation letters he distributed to the commission and stating that this location is near public transportation, traffic school usage will be in the evening primarily with occasional classes on the weekend, state licensing and noted the ADA requirements that the REMM Group will be undertaking to upgrade the building. At commission inquiry, he noted that the REMM Group owns the project and stated that the academy can not accept minors under 18. Public Hearing was closed. Commissioner Ridgeway stated that a comprehensive analysis of the project needs to be done. It has changed substantially over the years to office use. He stated that there are very few industrial users within this park. Motion was made by Commissioner Ridgeway to recommend to City Council the approval of Amendment No. 858, including the addition of age restrictions to the proposed specific remedial driving instruction and counseling facility as suggested in the staff report; incorporating that footnote into the list of permitted uses within the industrial designation and more specifically to Industrial Site No. 4. Discussion followed on the educational /instructionaluses as defacto items and how it would relate to the suggested study and future recommendations. It was agreed upon that a study would be in order to afford staff the opportunity to look into the • area in more detail to see if changes to the Plan are necessary. 15 INDEX . City of Newport Beach Planning Commission Minutes March 6, 1997 Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Absent: none Abstain: none PROPOSED TEXT CHANGES The proposed changes will read as follows: Newport Place Planned Communitv Text Panes 14 -20 PART I. INDUSTRIAL Section II. Permitted Uses Group I. Liaht Industrial. B. To allow the location of offices and areas associated with and accessory to the permitted uses listed under A. 1. Administrative, professional and business offices. 2. Regional or home offices of industries which are limited to a single use. 3. Blueprinting, Photostatting, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial services is associatedwith said use. 4. Cafeteria, cafe, restaurant or auditorium 5. Service stations will be permitted, subject to a use permit provided that no on -site commercial service is associated with said use 6. Remedial driving instruction and counselina facility, subject to a use Permit in each case. * This use shall be limited to Industrial Site No. 4 only and does not apply to any other industrial sites. ** That all uses, including remedial driving instruction /counseling facilities, located within Industrial Site No. 4 shall be limited to providing services to adult clientele only, and use dedicated to serving school aged and minor children shall be prohibited. 5. SUBJECT: Academy of Defensive Driving (Jim Brierly, applicant) 4000 Birch Street, Suite 120 • Use Permit No. 3604 16 INDEX Item No. 5 UP No. 3604 • City of Newport Beach Planning Commission Minutes March 6, 1997 Establish an instructional facility which specializes in driving education and counseling. Ms. Temple noted that staff has no problems with the specifics of this operation as it is a valuable asset to the city. It should operate successfullyin this area. Commissioner Kranzley commented that behind the wheel instruction be involved. approval? in the staff report it was noted that no Should this be included as a condition of Ms. Temple stated that there is no information on how behind the wheel instruction would occur since this is not part of the current use. It could be for entry level driving instruction for ages 15 -16. The applicant can come back to the Commission if this is something they would like to add in the future. Public Hearing was opened. Mr. Jim Brierly, Academy of Defensive Driving - noted that behind the wheel instruction has not been conducted since 1988 when it became a liability issue. He stated that he understands and agrees to the findings and conditions of Use Permit • No. 3604. Public Hearing was closed. Motion was made by Commissioner Ridgeway for the approval of Use Permit No. 3604 subject to the findings and conditions attached in Exhibit A with Condition No. 3 to specify classroom instruction only. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Absent: none Abstain: none Findings: That the proposed development is consistent with the Land Use Element of the General Plan since this facility is an instructional /educational use which is a permitted use in the "Administrative, Professional and Financial Commercial' land use category. 2. That upon adoption of Amendment No. 858, the application will be consistent with the provisions of the amended Newport Place Planned Community District Regulations. 3. That this project has been reviewed, and it has been determined that it is • categorically exempt from the requirements of the Calif omia Environmental 17 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 Quality Act under Class (Existing Facilities). 4. 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 and in the parking areas of Commerce Plaza is adequate for the proposed instructional facility, with conditions limiting classroom instruction to off -peak hours. • 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. Conditions That the facility shall be constructed in substantial conformance with the approved plot plan and floor plan. • 2. That this use permit shall not become effective until an amendment to allow institutional, instructional and educational uses or the use proposed specifically by this use permit (remedial driving instruction and counseling) in the Newport Place Planned Community District is approved and adopted by the City Council. 3. That the approval is only for the establishment of an adult driving school engaged in classroom only remedial driving instruction and counseling as its principal purpose. 4. That the hours of operation shall be limited to between the hours of 7:00 a.m. and 10:00 p.m., for the office use; and 5:30 p.m. to 10:00 p.m. for classroom instruction, weekdays; 8:30 a.m. to 12:30 p.m., Saturdays; closed Sundays. Any increase in the hours of classroom instruction shall be subject to the approval of an amendment to this use permit. 5. That classroom instruction shall be prohibited between the hours of 7:00 a.m. and 5:30 p.m., during weekdays. That general office use and class session registrations may be conducted during regular daytime business hours of between 7:00 a.m. and 10:00 p.m., weekdays. 6. That individual counseling sessions (one -on -one) shall be permitted, up to a maximum of 6 students at any one time, during regular business hours between 8:00 a.m. and 5:00 p.m., weekdays. . 7. That the total number of students and instructor /employees shall not exceed 18 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 50 persons in the tenant space during the weekday evening hours. That exiting plans and occupancy requirements shall be reviewed and approved by the Building Department and the Fire Department prior to implementation of the proposed facility and posting of maximum occupancy loads permits shall be approved by the Fire Department. 8. That parking for a minimum of 50 parking spaces shall be made available on weekday evenings and on weekend days to accommodate the proposed instructional facility. The basic allocation of one parking space for each 250 sq.ft. of net floor area shall be provided during the normal business hours on weekdays (14 spaces). That all teachers and employees shall park their vehicles on -site at all times. 10. That any noise associated with the facility shall not disturb any nearby business and shall not be audible outside of the building. H. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 12. That the facility and related parking shall conform to the requirements of the • Uniform Building Code. 13. That the project shall comply with State Disabled Access requirements. 14. That emergency lighting and battery back -up exit signs shall be provided prior to the implementation of the proposed instructional facility use. 15. 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. That the parking lot shall be restriped in accordance with the provisions approved by Modification Permit No. 2839 or in accordance with City Standards utilizing the universal parking standards and eliminating all the compact parking spaces. 16. That all trash areas shall be screened from view of adjoining properties and streets. 17. 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. 18. 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. 19 INDEX City of Newport Beach . Planning Commission Minutes March 6, 1997 swr 6. SUBJECT: Charter Memories, Inc. /Advertures at Sea (applicant) 3101 Coast Highway, West • Use Permit No. 3605 To permit the use of 125 parking spaces in conjunction with an existing charter boat business, restricting the use of the spaces to evenings and weekends. Ms. Temple summarized the staff report noting that this is for a shared. parking arrangement for the various uses on site known as Lancer's Landing. The business is on existing business and the purpose of the application is to provide authorized parking on site so that they qualify for a Commercial Activities Permit through the Fire /Marine Department as opposed to coming regularly to that department for a Charter Boat Permit. During the hours that the parking is needed most of the businesses in the building are closed. Therefore, staff did not indicate any problems with the request. Commissioner Fuller clarified that this would reserve 125 parking spaces on the weekend for this use. Staff answered that this use authorizes those spaces provided for the building to be operated in the shared parking arrangement to account for . the fact that not all businesses on the property are in operation at all the some times of the day. There are no specific parking spaces marked. The existing building has 183 parking spaces, monitoring would be achieved through Condition 4. Discussion followed on the hours of operation of businesses, parking uses and availabilityof parking spaces. Public Hearing was opened Mr. Philip Diorio, president of Charter Memories - spoke on behalf of this request noting that this request would streamline the operation and increase efficiency, he has been in operation since 1993 and during that time there have been no parking problems. The majority of his business is after 6:00 p.m. in the evenings and on weekends with occasional charters during the day. They have been operating under a Temporary Permit for the past 90 days and during the month of Decemberwith the boat parade, there was not a single problem with parking whether it was an afternoon or evening charter. The building is approximately 83% occupied at this time. At Commission inquiry, he stated that he understands and agrees to the findings and conditions of Use Permit No. 3605. He noted that the vast majority of evening charters leave the dock at 6:00 p.m. or later on weeknights. Friday evening charters leave after 6:00 p.m. and weekends are any time during the day. People arrive at various times. Commissioner Selich asked about groups that come in by bus. He was answered that the passengers were dropped off further into the driveway and then the buses 40 20 INDEX Item No. 6 UP No. 3605 • City of Newport Beach Planning Commission Minutes March 6, 1997 are parked on side streets. Public Hearing was closed. Staff noted that no complaints have been received regarding this operation. Motion was made by Commissioner Ashley to Approve Use Permit No. 3605 with the findings and conditions. Staff noted on the approval of this Use Permit will allow the applicant to achieve a permit from the Fire /Marine Department called a Commercial Activities Permit which is a permit that addresses the whole operation. For any time of day not authorized by this Use Permit if they were to conduct a chartering activity, they would have to go back to the Fire /Marine Department for a Commercial Charter Boat Permit which is a one time only permit. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley Noes: none Absent: none Abstain: none • Findings: 1. That the proposed development is consistent with the General Plan and the Local Coast Program because: • Charter boat businesses are a permitted use within the RMC land use category. • The charter boat business contributes to the provision of incentive uses for this site. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3605 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 reason: 0 Conditions: That adequate on -site parking is available for the existing and proposed uses because the use of the 125 parking spaces is related to the charter boat activities, which are restricted to evenings and on weekends when most tenants in the building are closed. 21 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That, boat charter activities shall be restricted to after 5:30 p.m. Monday through Friday and all day Saturday, Sundays and holidays. 3. That the number of parking spaces allocated to the charter boat business be limited to 125 spaces. 4. That the lease for the parking spaces shall include a provision that the lease will be canceled if more than 10,500 sq. ft. of the building is occupied by businesseswith evening or weekend hours. 5. That a parking control plan shall be approved by the City Traffic Engineer and appropriate signoge directing traffic to parking areas shall be posted during charter activities. 6. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 8. That employees shall park on -site at all times. That no outside paging system shall be utilized in conjunction with the charter boat business. 10. That no live entertainmentor food service shall be permitted in the building. 11. That Coastal Commission approval shall be obtained prior to implementing the use of the 125 parking spaces. 12. That the upper deck of the building structure is for boat display only and no parking or seating will be placed in this area. 13. That a minimum of 183 parking spaces shall be maintained on -site. 14. 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. 15. 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 22 INDEX • City of Newport Beach Planning Commission Minutes March 6, 1997 Municipal Code. ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported on the meeting of February 241h Council amended City Council Policy K -7 which deals with the City's implementation of state law to allow the issuance of new and upgraded licenses for establishments selling alcoholic beverages. This amendment affects the Balboa Peninsula area only and directs the Chief of Police not to issue a Certificate of Public Convenience or Necessity for new bars and cocktail lounges. An additional change from the former policywas the appeal process of the Chief's decision to the Planning Commission and then further appeal to City Council. Now, appeal to the Planning Commission has been eliminated making the City Council the only appeal venue. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals- Modifications were approved for: 1440 West Bay Avenue, 615 Lido Park Drive, 1010 S. Bayfront, 2231 Pacific Drive and 1512 Antigua Way. A • temporary use of a strawberry stand was approved for 3900 Coast Highway East. 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- none. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Chairperson Adams asked for a report on recommendations to proceed with an update of the Newport Place Planned Community District. Commissioner Ridgeway asked for a report on notification of tenants and residentswithin 300 ft radius. 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 - Ms. Temple reported that there will be no meeting on March 20th as no items have been submitted. ADJOURNMENT: 8:45 p.m. sss ED SELICH, SECRETARY • CITY OF NEWPORT BEACH PLANNING COMMISSION 23 INDEX Additional Business