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HomeMy WebLinkAbout03/08/2001• CITY OF NEWPORT BEACH Planning Commission Minutes March 8, 2001 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners McDaniel, Kiser, Agajanian, Selich, Gifford, Tucker and Kranzley - Commissioner Tucker was excused; all other Commissioners were present. STAFF PRESENT. Sharon Wood, Assistant City Manager Patricia L. Temple, Planning Director Dan Ohl, Deputy City Attorney Rich Edmonton, Transportation /Development Services Manager James Campbell, Senior Planner Robert Kain, Assistant Planner Ginger Varin, Planning Commission Executive Secretary 1] Minutes of February 22.2001: Motion was made by Commissioner Kranzley and voted on to approve as amended the minutes of February 22, 2001. Ayes: McDaniel, Agajanian, Selich, Gifford, Kranzley Abstain: Kiser Excused: Tucker Public Comments: None Postina of the Aaenda: The Planning Commission Agenda was posted on Friday, March 2, 2001. 1 INDEX Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes March 8, 2001 SUBJECT. Schuleiun Building 711 Begonia Ave. • Use Permit 460A A request to amend a previously approved use permit which allowed the establishment of a commercial parking lot on a property located in the R -2 district, to amend the hours of operation to 6:OOAM to 11:OOPM, where the current conditions limit the hours to 7:30AM to 6:OOPM only. Senior Planner James Campbell presented a set of photographs of the subject property taken earlier in the day by staff. He noted that the applicant had asked that this item be continued to this meeting in order to allow time for staff to meet and discuss his concerns. There is a narrative in the staff report on the issues discussed. Public comment was opened. Brion Jeanette, 470 Old Newport Boulevard, architect for the project, stated that he had met with staff. He noted that they concur with the findings and conditions attached in the staff report with the exception of condition 8, concerning the off - street parking agreement. He stated that the R -2 lot was • approved as a parking lot in 1982 but it was not attached to the site and the applicant is requesting to keep it that way. Referencing page 3 of the staff report, he noted at that time the lots were not required to be tied together. The applicant has had no complaints since that time regarding the use of the site as a parking lot. We ask therefore, that condition 8 be removed from this application. Jeff Schulein, 15 Linda Isle owner of the property noted: • that the reason for this request is that he is doing a major remodel on the building; • asked that condition 8 be eliminated as it is a matter of his property rights; • he has owned this property for twenty -seven years with no change in use or complaints about the parking lot; • he agrees to the rest of the findings and conditions as recommended by staff. Chairperson Selich clarified with the applicant that he would like to keep the lots separate so that you could use it for some other purpose. Mr. Schulein answered that he could not operate the building without the parking, but conditions could change and perhaps the building would become no longer viable; he would like to retain what he has. Public comment was closed. At Commission inquiry, Ms. Temple noted that when there have been • opportunities to tie properties together with off-site parking agreements through INDEX Item No. 1 UP 460A Approved • City of Newport Beach Planning Commission Minutes March 8, 2001 new requested permits, we have attempted to do so. The most recent one was the Coco's restaurant. If this building were constructed new today, obviously we would require it as a condition of approval as well. Commissioner Agajanian asked if the owner decided to eliminate the parking lot, could he come in and develop this as an R -2 with no need to provide parking? Ms. Temple answered, yes as they are separate sites with two different zoning designations. The building was constructed at a time when there was no requirement for off -site parking. If the commercial parcel were to be re- developed today, the parking requirement would be at the Code requirement, which for retail or office would be 4 per 1,000 square feet. Continuing, she noted that throughout Corona del Mar most of the commercial properties were built without, and before, commercial parking requirements. Over the years, property owners have acquired adjoining residential properties in support of their business to remain viable. In regards to common ownership, Ms. Temple explained that is not necessary. Commissioner Kiser observed that the applicant is asking for an extension of hours in a lot that is zoned residential but allowed a parking use. I can see justification for getting the parking for the use of this building and tying it to the building, • notwithstanding the lack of future flexibility. Motion was made by Commissioner Gifford to approve Use Permit 460A subject to the findings and conditions as stated in Exhibit A, leaving condition 8 in. • Commissioner McDaniel stated that condition 1 should reference a 6 -foot wall. Following a brief discussion, Commissioner Gifford agreed to amend her motion to include on condition 1 that, An existing 6 -foot wail must be maintained.. and on condition 2 add, and striped for parking spaces in accordance with Public Works standards as recommended by Commissioner Kiser. Ayes: McDaniel, Kiser, Agajanian, Selich, Gifford, Kranzley Excused: Tucker EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL Use Permit No. 460 Amended Findings: The existing development is consistent with the General Plan, and is compatible with the existing and surrounding land uses provided that hours of operation are restricted. 3 INDEX • City of Newport Beach Planning Commission Minutes March 8, 2001 2. 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 I (Existing Facilities). 3. The approval of Use Permit No. 460 Amended, 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, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, due to the operational restrictions required. 4. The subject parking lot provides parking for an adjacent building site (2345 E. Coast Hwy.) that does not provide any on -site parking. There is no restriction upon the subject property that would preclude the removal of the lot. The elimination of the subject parking lot would leave the abutting building site without parking, which would exacerbate existing area parking problems. Conditions: 1. A An existing 6 -foot wall must be maintained wall FRust be eeRs#Weted on • the south property line from the rear property line to within 18' of the front property line and a 3' wall from the setback line of 18' to the front property line. 2. Parking area must be black- topped and sfriped for parking spaces in accordance with Public Works standards. 3. Operation of the parking lot may be permitted from 7:30AM to 6:80RM 9:OOPM ealy daily. A mechanical gate or similar device approved by the Planning Department and Public Works Department shall be installed at the Begonia Avenue entrance to the parking lot so as to limit access to only authorized vehicles between the hours between 6:OOPM and 9:OOPM daily, and that an approved one -way (exit) spiked traffic control device with appropriate warning signs shall be installed at the alley exit on the subject property. The mechanical gate or similar device shall be installed prior to extending the operation hours between 6PM and 9PM. 4. Ingress must be from Begonia Avenue and egress from the alley. 5. No structure may be permitted within 3' from the north side property line. 6. The parking lot shall be in substantial conformance with the approved site plan dated February 8, 2001 and all conditions of approval. 7. The owner or owners shall record an off -site parking agreement, approved as • to form and content by the City Attorney, providing for the maintenance of INDEX • City of Newport Beach Planning Commission Minutes March 8, 2001 the subject parking lot for the use of the building site located at 2345 East Coast Highway so long the said site does not supply the minimum off - street parking required by the Municipal Code. 8. 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. 9. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. ADDITIONAL BUSINESS: a.) City Council Follow -up - Assistant City Manager Sharon Wood reported that at the last meeting of the Council the Newport Technology Center that had been called up for review was approved, and the General Plan Amendments were approved for initiation. At the Study Session the • proposed Harbor and Bay Element was reviewed'. Council decided to proceed with a public outreach review of the Element and then it will be taken to the Planning Commission for a hearing. Ms. Temple noted that she is making an oral report of the Commission's action to the Council and asked for feedback or comments on her presentations. b.) Oral report from Planning Commission's representative to the Economic Development Committee - none. C.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Kranzley asked that the proposed development plan review procedures be put on an April agenda as he is not going to be in attendance March 22nd. Additionally, he asked that at the appropriate time that this item be held at a joint Study Session with the Council. It was agreed that everyone should be in attendance for this discussion item. Ms. Temple asked for any additional comments or revisions to the procedures to be faxed to Patrick Alford. Commissioner Gifford asked for an update of the Balboa Sign Ordinance and the amortization program. Ms. Temple noted that staff is in the process of a sign inventory, which is a necessary pre -step to starting that program and identify what is not compliant. d.) Matters that a Planning Commissioner may wish to place on a future • agenda for action and staff report - none. INDEX Additional Business City of Newport Beach Planning Commission Minutes March 8, 2001 INDEX e.) Report from Planning Commission's representatives to the General Plan Update Committee - Commissioner Kranbey reported that the plan is coming along very well and is very close to being presented to the City Council. There are two stages to this process, the visioning and general plan process. It has been determined that the Planning Commission's role in the visioning process will be more of receiving updates and reports. The outreach program will be very thorough and looks to be a most inclusive process for the citizens. f.) Status report on Planning Commission requests - no new updates. g.) Project status - Ms. Temple noted that staff was directed to look at additional means of review on projects in areas along coastal bluffs. We have been working on this and anticipated that the development plan review would by an appropriate process. There are currently six projects in various stages of development that have multiple levels; some are already designed and do not require variances and three of which are likely to have variances. We are proposing that staff return with proposals for more rapidly applied interim measures for some type of review of these development projects. The probable proposal will be to re -zone the properties on Ocean Boulevard and Kings Road with a site plan . review overlay district. Following a brief discussion, it was agreed that this would be placed on the agenda of the first meeting in April. h.) Requests for excused absences - Commissioners Agajanian requested to be excused from the March 22nd meeting. The decision was made to cancel the March 22nd meeting due to a lack of quorum. ADJOURNMENT: 7:15 p.m. STEVEN KISER, SECRETARY CRY OF NEWPORT BEACH PLANNING COMMISSION • Adjournment