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HomeMy WebLinkAbout03/18/1999CITY OF NEWPORT BEACH • Planning Commission Minutes March 18, 1999 Regular Meeting - 7:00 p.m. • • ROLL CALL Commissioners Fuller, Tucker, Ashley,Selich, Gifford, Kranzleyand Hoglund - Commissioner Fuller was excused STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple - Planning Director Patrick Alford - Senior Planner Marc Myers - Associate Planner Robin Clauson, - Assistant City Attorney Rich Edmonston - Transportation and DevelopmentServices Manager Ginger Varin- Executive Secretary to Planning Commission Minutes of March 04.1999: Motion was made by Commissioner Gifford and voted on, to approve as written the March 4th Planning Commission Minutes. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None Public Comments None Postina of the Aaenda: The Planning Commission Agenda was posted on Friday, March 12, 1999 INDEX Minutes Approved Public Comments Posting of the Agenda • • City of Newport Beach Planning Commission Minutes March 18, 1999 3100 West Coast Highway • UP No. 3612 To determine compliance with the intent of a condition of approval imposed by the City Council in relation to the height of a proposed monument sign. Ms. Temple, distributing a copy of the 11/24/1997 council meeting minutes, noted the extra condition that was imposed by City Council on this project approval. The additional condition imposed limited the height of the sign, but gave staff the authority to exceed that height based on criteria relating to the design and sizing of the design in respect to its compatibility with the building or incorporation of architectural treatments contributing to the project aesthetics. An analysis of the proposal in relation to that condition is contained in the staff report. The Council also adopted an additional finding (located on page 3 of the handout). The additional finding states that the addition of a pole sign as permitted by the City's Sign Code would detract from the architectural elements incorporated into the building design. The Council had concerns with both the height of the sign as well as the design as a pole sign. The sign itself is on a substantial pedestal. Pursuant to the provisions of the Municipal Code, the sign falls under the definition of a pole sign. At Commission inquiry, Ms. Temple noted that this is a discussion item only and was not noticed as a public hearing. The Commission is not adjusting any of the existing conditions of approval on the project or making modifications to the project itself. As staff is not comfortable with making the determination provided for in Condition No. 42 this item has been referred to the Planning Commission for additional guidance as to whether the applicant's proposed signage would meet the spirit and intent of the City Council condition. Public Comment was opened. Mr. John Howenstine, 3188 J Airway Avenue, Costa Mesa - representing the applicant noted the following: • Landscaping - element to be added around the sign that will enhance the landscaping of the entire property. • Architectural Treatment - met with city consultant and city staff, proposed colors for the sign and the building are compatible - the building is a long, linear element as well as the proposed sign - base is similar in shape and color to the base of the building (the food server element not the beams). • Height of the sign at 6 feet is virtually indistinguishable from anything off Pacific Coast Highway (some cars are 6+ feet tall). • Aesthetics - the sign as landscaped and oriented above would be aesthetically pleasing INDEX Item No. 1 UP No. 3612 Approved City of Newport Beach • Planning Commission Minutes March 18, 1999 Continuing, he noted his past experiences with other cities in the area and presented photographs. In conclusion, he noted the scale of the sign and the identification on the building will accomplish what the City of Newport Beach wants. He asked for support of and identification of the establishment to have an opportunity to succeed. Public comment was closed Commissioner Gifford noted that the horizontal element of the sign is in keeping with the building design. As a City, the existing Sign Code permits signs that are larger such as Staples on MacArthur Boulevard. The existing building and proposed signage is interesting and attractive, and are consistent. Chairperson Selich noted that when the project was presented to City Council, the applicant made several representations and agreed to conditions that the sign be limited to six feet in height. Commissioner Ashley stated that this was built as a prototype restaurant, and obviously the owner has learned a lot. Driving along Coast Highway, the existing sign is obscured due to vehicles in the roadway until the driveway of • the restaurant. This business needs more visibility and good signage if it is going to succeed. What is being proposed is very suitable for the operation and the community in that location. At Commission inquiry, Mrs. Wood explained that there is a series of signs off Coast Highway in both directions at the Arches interchange as well as on Newport Boulevard approaching that interchange. They were installed by the City at the request of a number of business people who felt that their businesses were going to be impacted by the construction of the Arches interchange. Chairperson Selich asked staff, if the Commission was to approve this sign, is the Commission able to condition that, if the building was ever torn down or substantially remodeled into a total different type of concept, that this sign come down? Ms. Temple answered that she reviewed this concept with the Assistant City Attorney. Since the determination required to be made by staff and the Planning Commission is that the sign is in the context of the overall design and landscaping and architectural treatments of the project, the Commission could make this determination contingent on the sign being removed if the building was removed or substantially altered. Ms. Clauson suggested that the condition be more in the form of a • determination. An agreement that the sign, because of the determination 3 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 that is supposed to be made on the integrity between the architecture and the sign, that the removal of the sign would be necessary if the building was removed or substantially altered. This is the determination that would be made tonight. Chairperson Selich noted that a new Sign Code for the City is in process. As such, if this building were tom down, with the new Sign Code in place, the sign would stay as it is for whatever amortization period that the new Sign Code would provide. Commissioner Gifford asked staff if this meets the condition that the sign is in the context of this project, a different project would require that the sign be in the context of that project. It would follow that the sign would have to be reviewed, not necessarily removed. Ms. Clauson stated that it is up to the Commission to determine if they care if the approval of the sign is outside the context of this project, then it would go on as long as it was amortized. Commissioner Tucker stated that the approval of the sign, based on the condition imposed by Council, needs no further thought. If the building • comes down later, then it should be no different than any other sign in the area. It is hard to anticipate what an amendment to the Sign Code might be before it happens. On this stretch of road there are very few signs that match with anything, other than trying to attract the drivers' attention. The sign ought to be approved the way it is with nothing added to it. Commissioner Hoglund stated that the building is tastefully designed and is reflected in the proposed sign design. The condition imposed was a six -foot sign, and we are being asked to modify that condition providing we can find that architecturally this sign merits that difference. If the building comes down at some point, how can we say this new sign is going to be architecturally significant with the new building that is going up on the site? In agreeing with the Chairman, he concluded stating that this needs to be conditioned. Motion was made by Commissioner Ashley to approve the sign as submitted by the applicant, not to exceed 12 feet in overall height on a landscaped base that would not be higher than 7 feet 6 inches. This sign is granted only so long as the building exists on -site or is substantially modified, then the sign would come back to the Commission for review Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None 4 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 SUBJECT: Redstone Plaza (Ware 8 Malcomb Architects Applicant) 1300 Dove Street • General Plan Amendment No. 98-3 B • AmendmentNo.883 • Modification No. 4884 Request to permit a 2,350 square foot addition to an existing three story commercial office building and related on -site parking. The project requires the approval of: • a General Plan Amendment and PC Amendment to increase the square footage entitlement in Block F of the Newport Place Planned Community to reflect the existing development and to accommodate the construction of the proposed expansion, and • a Modification to permit reduction of the parking requirement ratio from 1 space for each 225 square feet to 1 space for each 250 square feet of net floor area. At Commission inquiry, Ms. Temple explained why the staff supports establishing the parking ratio at 1/250 square feet, specifically: • refinements to parking lot design can eliminate spaces • • there is an excess of parking spaces on site, based on current usage. Public comment was opened. Ted Hiseler, ware & Malcomb Architects, 18002 Calen, Irvine representing the applicant, stated that the proposed plans are to extend the building and use the depth of the deep overhang to increase the foot print of the building as far as useful square footage (2,350 square foot addition). Public comment was closed. Motion was made by Commissioner Gifford to adopt Resolution No. 1493 and Resolution No. 1494 recommending to the City Council approval of General Plan Amendment No. 98 -3 B, Amendment No. 883 and Modification No. 4884 pursuant to the findings and conditions of approval in Exhibit A. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None Findings of Approval A. General Plan Amendment No. 98 -3(B) : Adopt Resolution No. 1493 • (Attached) recommending to the City Council the adoption of General INDEX Item No. 2 GPA 98-36 A 883 Mod. No. 4884 Recommended for Approval City of Newport Beach Planning Commission Minutes March 18, 1999 Plan Amendment No. 98 -3(B): B. Amendment No. 883: Adopt Resolution No. 1494, recommending to the City Council adoption of Amendment No. 883. C. Modification No. 4721 Findinas: The proposed development is consistent with the Land Use Element of the General Plan as amended by this application and is compatible with surrounding land uses. 2. The proposed development has been reviewed and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act and will not have any significant environmental impact. 3. The granting of a modification to establish a parking requirement of 1 • space for each 250 square feet of net floor area will not be detrimental to persons, property or improvements in the neighborhood and the modifications as approved are consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code because: • This parking ratio has proven to be adequate for most general office developments in the City. • Adequate on -site parking is available for the existing and proposed uses. Conditions: The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. One parking space for each 250 sq. fl. of net floor area shall be provided on -site. Standard Reauirements: All signs shall conform to the provisions of Chapter20.06 of the Municipal Code. 2. The proposed office building and related parking structure shall conform to the requirements of the Uniform Building Code. • INDEX City of Newport Beach is Planning Commission Minutes March 18, 1999 3. The project shall comply with State Disabled Access requirements. 4. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. This Modification shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055A of the Newport Beach Municipal Code. +ss SUBJECT: Harbor Day School 3443 Pacific View Drive • General Plan Amendment No. 99 -1(E), and • Use Permit No. 1546 Amended Request to permit the construction of a 12,750 square foot gymnasium building and interior remodel of the existing gymnasium /multi - purpose building to allow for theatrical productions and various other school functions in conjunction with an existing school facility. The project involves the approval of: • • a General Plan Amendment to permit additional development beyond the current General Plan Floor Area limitation of 0. 15, and; • an amendment to Use Permit No. 1546 to permit expansion of the school facility to accommodate the construction of a gymnasium and remodel the existing gymnasium into an auditorium. Also included in the application is a request to exceed the 32 foot height limit for the District. Marc Myers, Associate Planner noted the following: As a clarification, the 40 -toot height limit of the proposed gymnasium building is measured from the lowest grade around the building. Since the lot slopes slightly towards San Joaquin Hills Rd and the building has a flat roof; the height of the building on the south side is approximately 40 feet above grade. However, because the grade elevation rises towards the north, away from San Joaquin Hills Road, the height of the balance of the building is approximately35 feet. A change in the operational characteristicswould require a Use Permit. Per the site plan, the line of the existing chain link fence appears to extend 10 feet beyond the proposed building and will abut the building itself on either side. Public comment was opened. . Sid DuPont, Headmaster at Harbor Day School, 27 Avignon, Newport Coast INDEX Item No. 3 GPA No. 99 -1(E) UP No. 1546 A Recommended for Approval City of Newport Beach Planning Commission Minutes March 18, 1999 spoke in support of this application. He seeks approval of the General Plan Amendment and the Use Permit and noted that he agrees to and understands the findings and conditions attached to the staff report. At Commission inquiry, Mr. DuPont stated that the capacity of the auditorium is approximately 685. With both facilities in use, the parking need will not exceed the available parking on site. There will be no additional faculty members or students with this new building and at this time there is no additional parking proposed. There is, should the need arise, additional parking available at the Christian Science Church, at the cemetery next door when there is not an event, as well as at the United Methodist Church (shuffle would be provided). Bill Skinner, Architect at 3185 F Airway Avenue, Costa Mesa stated that the building has been moved north to avoid an easement condition. The fence will now be at the edge of the building. The height of 40 feet shown on the elevation may go up another 18 inches depending on the roof structure. They are trying to maintain a 30 -foot clear space in the building for the use of volleyball and ask for a bit of latitude to allow for the growth of the project. The existing mature landscaping will be maintained. It is outside of the fence line and will obscure much of the building. Any landscape that is damaged during the building process will be replaced and will be part of the landscape submittal when the time comes. Public comment was closed. Motion was made by Commissioner Kranzley to adopt Resolution No. 1495 recommending approval of General Plan Amendment No. 99 -1 (E) and Use Permit No. 1546 A modifying Condition 7 to a height limit 41 1/2 feet. Commissioner Tucker asked (and was granted) to include in the motion, modification of Condition 5 to allow simultaneous events but only within the occupancy of the existing multi - purpose room as determined by the Fire Department. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None Findings and Conditions of Approval for General Plan Amendment No. 99 -1 (E) and Use Permit No. 1546 A A. General Plan Amendment No. 99 -1(E): Adopt Resolution No. 1495 (Attached) recommending to the City Council the adoption of General Plan Amendment No. 99 -1(E). • 8 INDEX City of Newport Beach Planning Commission Minutes March 18, 1999 B. Use Permit No. 1546 Amended Findings: The Land Use Element of the General Plan designates the site for "Governmental, Educational and Institutional" uses and a school gymnasium is a permitted use within this designation. The proposed development is consistentwith the General Plan and is compatible with surrounding land uses. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 14 (Minor Additions to Schools) requirementsof the California Environmental Quality Act. 3. The height of the gymnasium building is appropriate in this case because: The increased building height results in more public visual open space by incorporating all of the desired athletic courts into one • facility rather than two or three buildings and by maintaining adequate setbacks. • The increased building height results in a more desirable architectural treatment since the vertical dimension of the gymnasium is proportional to the horizontal dimension of the building. • The increased building height does not create abrupt scale relationships between the proposed structure and the existing development because the existing buildings on site are of similar size and proportion. • The structure has no more floor area than could have been achieved without the use permit since the gymnasium building is a single level building which provides the same amount of floor area that a building of the some dimensions, but at a lower building height would provide. • The gymnasium building requires additional height because of the activities that it is used for. 4. The approval of Use Permit No. 1546 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 further, the proposed use permit related to the proposed school gymnasium use is consistent with the legislative intent of Title 20 of this • Code for the following reasons: INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 • The gymnasium use is compatible with the surrounding uses in the area since the gymnasium use is typically a support use of the primary school use. The gymnasium addition is an extension of the existing school operation that is compatible with the character of the neighborhood since surrounding uses are residential. • The proposed development fully conforms to the established development standards of Chapter 20 of the Municipal Code with the exception of height. • Adequate on -site parking is available for the existing and proposed uses, and conditions of approval limit uses of the site that would exceed the parking supply. • The designs 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. • Adequate provision for vehicular traffic circulation is being made for the gymnasium facility. Conditions: • 1. The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. All previous Conditions of Approval of Use Permit No. 1546 shall remain in effect, except as noted below. 3. The number of students enrolled at the school shall not exceed 408 students at any time. 4. One parking space for each full -time faculty member (36 spaces) shall be provided on -site. 5. Special events including, but not limited to, theatrical presentations and athletic events which involve the attendance of parents and visitors shall aet be permitted to occur simultaneouslyin the auditorium and the new gymnasium but only within the occupancy of the existing multi- purpose room as determined by the Fire Department. 6. The approval of Use Permit No. 1546 Amended is subject to City Council's final approval of GPA 97 -3 (D). The new gymnasium building shall be limited to a maximum overall height of 40 fee # 41 feet 6 inches. • 8. The Headmasterof the school facility shall be responsible for the control 10 INDEX . City of Newport Beach Planning Commission Minutes March 18, 1999 of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the use and to develop a set of corrective measures necessary in order to insure compliance. 9. The project shall be designed to eliminate light and glare onto adjacent properties or uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the • certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 10. No outdoor loudspeaker or paging system shall be permitted in conjunction with the gymnasium operation. Standard Requirements: 1. The project shall complywith State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The proposed gymnasium facility and related structures shall conform to the requirements of the Uniform Building Code. . 6. The on -site parking, vehicular circulation and pedestrian circulation 11 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 systems be subject to further review by the City Traffic Engineer. 7. 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. 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. SUBJECT: Fletcher Jones Motorcars Employee Parking Lot 3300 Jamboree Road • Use Permit No. 3565 Amended The project involves the construction of an off -site parking lot for employees on vacant land beneath the State Route 73 (San Joaquin Hills Tollway) bridges • spanning San Diego Creek along the future extension of Bayview Way. The construction consists of an access road from the dealership, a parking lot and a new riding and hiking trail. The surface parking lot will accommodate approximately 238 parking spaces. The parking lot will be used for employee parking only, and is not intended to be used for inventory storage. Marc Myers noted the additional information Fletcher Jones currently leases 200 parking spaces in the Bayview Plaza parking garage across Jamboree Road for employee parking. Include two additional conditionsof approval as follows: a. The color of the light pole standards and light fixtures shall be painted a dark, non - reflective color such as green, gray or black. b. In the morning hours before daylight, but no earlier than 5:00 a.m., the parking lot lights may be illuminated only by use of the actuation device required per Condition No. 13. At Commission inquiry, Mr. Myers noted that some of the employees arrive in the early morning hours and depending on the time of year, it may be dark so they would need to actuate the lights in the parking lot. Staff suggested a condition that would require that the lights come on when needed, but also turned off. The actuation device would be like a key card. Public comment was opened. • 12 INDEX Item No. 4 Approved City of Newport Beach • Planning Commission Minutes March 18, 1999 Garth Blumenthal, 938 West Ocean Front, General Manager of Fletcher Jones Motor Cars, noted the following: • Business projections have been exceeded ( +33 %). • Hired 100 more employees to meet the increased demand. • Current employee parking is off site at Downey Savings building. • Wish to construct an employee parking lot below the 73 freeway and move the current employee parking. Emmet Berkery, 1740 East Gary, Santa Ana, project representative of Fletcher Jones Motor Cars noted that the property where the project is proposed to go is owned by CalTrans. Referencing exhibits on the wall, he noted how the property developed to where it is today and the site of the proposed new employee parking lot. Continuing, he stated that the parking lot will provide approximately 230 spaces plus an allowance for handicap parking to comply with ADA and staff's requirement. The lot will be paved and fenced and will have a control gate with an access drive to connect to the dealership. Portions of the access drive fall within the Orange County Flood Control right of way, so an encroachment permit or agreement is needed with them. The space under the bridge is there to allow for future expansion of Bayview Way or University Drive. At the current time, the road expansion is probablyat least ten years away, perhaps longer and possibly never. Fletcher Jones Motor Cars has • been in discussion with CalTrans who is willing to do a rental agreement to allow the parking lot to be built. The terms are yet to be established. A lighting demonstration depicting what it will look like has been done at the request of staff. Most, if not all, of the Planning Commissioners had an opportunity to observe. Landscaping will be provided around the perimeter of the parking lot on the University Drive North side, along San Diego Creek then wrapping around to MacArthur Boulevard. At Commission inquiry, Mr. Berkery noted: • Ultimately, the landscaping will be of sufficient height to screen off the interior of the parking lot. • Have not shown any trees to be planted under the bridge structure due to shade and that CalTrans may not want them planted there. • The parking lot will drain to one comer where a catch basin is to be installed and connect to an existing storm drain system that drains into some riprap above San Diego Creek. The catch basin will have a filtering device that is standard in new installations. • There will be a program of sweeping the parking lot to reduce the amount of pollutants and silt that would get into the catch basin. Currently, there is deteriorating asphalt on the property and no catch basin system. • The catch basin will be a curve opening which for this type of project, will be fenced and not subject to a lot of trash and debris. The filtering device has been proven to be effective, and catch the first flush of run off. • • The existing chain link fence around the existing dealership has poly -vinyl 13 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 wrapping. There is a condition to put screening in the fence. • The portion of the access road that now dips underneath the University Drive off ramp bridge was paved and used as a riding and hiking frail. • The applicant is proposing to provide, in addition to the access road, a ten -foot wide riding and hiking trail that would have rails on both sides. They will be working with the County Harbors, Beaches and Parks on this aspect. • A photometric analysis shows the drop off of lighting as you get away from the dealership is close to zero. The permanent lighting will be boxed on four sides and pointed down. • If the access road is lit, we will use bollard lights which are round, or along the retaining wall, flush mounted lights may be installed. This lighting will be less than in the parking lot. • An amendment to the original Coastal Permit will have to obtained, and. lighting is one issue that will be examined closely. Commissioner Tucker asked about the freeway project as it was originally reviewed under CEQA, was this stretch of potential extension Bay View Way part of that analysis, to which he was answered, yes. Ms. Temple noted, however, that this is a separate project that needs to be • assessed on its own merits. As CEQA requires, we have to look at the existing condition and not what is planned in the future as the base line for analysis. Mrs. Wood passed to the Commission, a computer generated rendering of the site as it exists and what it will be with the landscaping approximately seven years from now. Public comment was closed. Motion was made by Commissioner Gifford to approve Use Permit No. 3565 A subject to the findings and conditions in Exhibit A and with the added conditions, 16. The color of the light pole standards and light fixtures shall be painted a dark, non-ref lectivecolor such as green, gray or black. 17. In the morning hours before daylight, but no earlier than 5:00 a.m., the parking lot lights may be illuminated only by use of the actuation device required per Condition No. 13. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None • Findings And Conditions Of Approval For a Negative Declaration and Use 14 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 No. 3565 Amended A. Environmental Document: Findings: The Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 3. There are no long -term environmental goals that would be compromised by the project. 4. No cumulative impacts are anticipated in connection with this or other projects. • 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. The contents of the environmental document have been considered in the various decisions on this project. Mitigation Measures: Prior to the issuance of grading permits, written recommendations for the mitigation of compressible /collapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the grading plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible /collapssible zones, fill surcharging and settlement monitoring, compaction grouting or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. • 2. Prior to the issuance of any grading permit, an erosion, siltation, and dust 15 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 control plan shall be submitted, and shall be subject to the approval of the Building Department. 3. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated and erosive velocity controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 4. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department. 5. Any existing on -site drainage facilities shall be improved as required or updated concurrent with the grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to the issuance of a grading permit. • 6. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. L 7. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation. b. Airborne and vehicle borne sediment shall be controlled during construction by regular sprinkling of exposed soils and the moistening of vehicle loads. C. An approved material such as riprap (a ground cover of large, loose angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoil in areas of concentrated runoff. 16 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 8. Prior to the issuance of grading permits, the project geotechnical consultant and /or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right - of -way diversions (i.e., berms or swales) located at disturbed areas or graded right -of -ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 9. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public right -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 10. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of -ways to decrease and filter runoff • levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 11. If determined necessary as part of the SWPPP, during grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of the basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to loss of life or the loss of service of public utilities or roads. The Plan shall be reviewed and approved by the Building Department. 12. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the general Construction Activity Stormwater Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building /management practices, site characteristics, and receiving water information. As required by the General Construction Permit, the project shall • develop and implement a Stormwater Pollution Prevention Plan 17 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 ( SWPPP), including inspection of stormwater controls structures and pollution prevention measures. The SWPPP shall be implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 13. Structural BMP Controls. Prior to final approval of construction by the City, the following structural BMP will be incorporated in the parking area: Provide a filtering devise in the catch basin. Maintenance of the selected structural BMP's will be required throughout the life of the project to ensure proper operation. 14. Non - Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non - structural BMP's, including the following: • Periodic cleaning (i.e., street sweeping) • Routinely cleaning on -site storm drain manholes and catch basins . Source control surveys of all on -site industrial facilities • Controlling washdown of non - stormwater discharges from project facilities • Providing information to employees on disposal of waste oil, grease, and pesticide containers • Carefully controlling pesticide and fertilizer usage • Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation • Efficient landscaping irrigation • Common area litter control • Housekeeping of loading docks All non - structural BMP's shall meet the approval of the Public Works Department. 15. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal stormwater NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non - structural permanent stormwater quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 18 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 16. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 17. The applicant shall comply with SCAQMD Rules and Regulations for construction of pavement. 18. Prior to the commencement of grading operations or other activities involving significant soil disturbance, a survey will be conducted by a qualified biologist to determine whether gnatcatchers occur within the boundaries of, or within 100 feet of the outer extent of, projected soil disturbance activities. If gnatcatchers are located, the USFWS will be notified immediately, and work shall not commence until all necessary authorizations have been obtained pursuant to the Endangered Species Act. 19. Native landscaping will be planted to replace native vegetation. The southern torplant will be given special consideration during the project landscaping effort. Open areas next to the trail and access road will be preserved, and soil and seed from the existing locations of these species will be set aside during grading and incorporated into the surface soils of • these open areas. 20. The applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed and directed in such a manner as to conceal the light source and to minimize light spillage and glare to adjacent properties. Prior to final approval of construction by the City, the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, light fixture product types and technical specifications, including photometric information, to determine the extent of the light spillage or glare that can be anticipated. A timing device shall be installed to turn off the parking lot lighting at 11:00 p.m. Also, a device shall be installed which allows individuals who dE part between 11:00 p.m. and 12:00 a.m. to actuate the lighting system. This device shall automatically shut -off the lights completely at 12 midnight. The timing and actuation feature shall be incorporated into a lighting plan prepared and signed by a licensed Electrical Engineer. This information shall be made part of the building set of plans for issuance of the final approvals. Prior to the issuance of final approval, th applicant shall schedule an evening inspection by the Code Enforc ment Division to confirm control of light and glare specified in this mi gation measure. 21. In conjunction wit the submittal of applications for final approval of construction, the project sponsor shall provide written evidence to the • Planning Department that a paleontologist, listed on the Orange County 19 11.117:1 • City of Newport Beach Planning Commission Minutes March 18, 1999 list of qualified paleontologists, has been retained. and will be available during all grading and other significant ground disturbing activities. The following specific measures are recommended in conformance with City Council Policy K -5. a. The paleontologist shall attend the pregrade meeting to ensure that the Conditions of Approval on the project are thoroughly explained. At the pregrade meeting, the paleontologist shall recommend procedures for scientific resource surveillance. Any sites uncovered shall be mitigated pursuant to Council Policy K -5. Where further testing or salvage is required for scientifically significant fossil remains, the applicant shall select a City approved qualified paleontologist to conduct the work. b. The applicant shall donate all paleontological material recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report has been completed. The appropriate local institution shall be approved by the Planing Department based on a recommendation from a qualified paleontologist. • c. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 22. City Council Policy K -5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recom- mended in conformance with PolicyK -5. a. A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during the commencement of any grading activities involving sediments within ten feet of the original ground surface to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. b. In the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such • a program shall be the responsibility of the project sponsor. 20 INDEX • City of Newport Beach Planning Commission Minutes March 18, 1999 C. Prior to issuance of any grading permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. B. Use Permit No. 3565 Amended Findings: The proposed development is consistent with the intent of the General Plan and is compatiblewith surroundingland uses. Since the land use is for transportation purposes, there are no General Plan conflicts. 2. 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. 3. The approval of Use Permit No. 3565 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 is consistentwith the legislative intent of Title 20 of this Code for the following reasons: Additional employee parking will reduce the parking overflow from the dealership onto Bayview Way. Conditions of approval have been included to control the parking lot lighting. Conditions of approval have been included which require perimeter landscaping to screen the parking lot and minimize impacts. Conditions: 1. Development shall be in substantial conformance with the approved site plan and landscape plan except as noted below. 2. All previously approved Conditions of Use Permit No. 3565 shall remain in affect unless otherwise noted below. 3. A parking lot shuttle operations plan shall be reviewed and approved by the City Traffic Engineer. • 4. All employees shall park on -site or in the off -site parking lot. 21 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 5. The off -site parking lot shall be for employee parking only, and the use of the lot for any other purpose including inventory storage is prohibited. 6. The perimeter of the off -site parking lot shall be appropriately landscaped with ground cover, bushes, shrubs and trees to obscure the direct view of the parking lot. A landscape plan shall be submitted, reviewed and approved by the Public Works, General Services and Planning Departments. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderly fashion. 7. A six foot high chain link fence shall be installed around the perimeterof the parking lot. The chain link fence shall be installed with screening slats of a color which blends in with the required perimeter landscaping (i.e. dark green). 8. The proposed emergency access from MacArthur Boulevard shall be constructed so vehicles are not driving over raised curbs and sidewalks or as required by the Public Works Department. • 9. The raised curb adjacent to the emergency access location shall be depressed so that equipment entering and leaving the parking lot can maneuver safely adjacent to parked cars. 10. A public fire hydrant shall be provided within 300 feet of the east end of the parking lot. 11. The parking lot shall be maintained in a clean and orderly manner. 12. Trash receptacles shall be provided in the off -site parking lot and shall be screened from adjoining properties and streets. 13. The project shall be designed to eliminate light and glare onto adjacent properties or uses, and minimize illumination of the bottom of the freeway overpass. This shall be achieved by minimizing the number of light sources, and shielding and directing the individual light sources. Additionally, the height of the light poles and fixtures shall be limited to 16 feet maximum. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. Additionally a timing device shall be installed to turn off • the parking lot lighting at 11:00 p.m. Also, a device shall be installed 22 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 which allows individuals who depart between 11:00 p.m. and 12:00 a.m. to actuate the lighting system. This device shall automatically shut -off the lights completely at 12 midnight. The timing and actuation feature shall be incorporated into a lighting plan prepared and signed by a licensed Electrical Engineer. This information shall be made part of the building set of plans for issuance of the final approvals. Prior to the issuance of final approval, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in this condition of approval. 14. No outdoor loudspeaker or paging system shall be permitted in conjunction with the off -site parking lot. 15. Coastal Commission approval shall be obtained prior to issuance of any grading or building permits. 16. The color of the light pole standards and light fixtures shall be pointed a dark, non- reffectivecolor such as green, gray or black. 17. In the morning hours before daylight, but no earlier than 5:00 a.m., the • parking lot lights may be illuminated only by use of the actuation device required per Condition No. 13. Standard Reauirements 1. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. The project shall complywith State Disabled Parking requirements. 5. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and final approval by the City Traffic Engineer. 6. Any encroachment of light standards into the parking stalls shall be per City Standard 805 -L. A. & B. 7. The minimum width for the access drive shall be 24 feet curb to curb, • unless otherwise approved by the City Traffic Engineer. 23 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 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. sss US BJECT: Calculation of residential maximum floor area limits Amendment 884 An amendment to Section 20.10.030 (Property Development Regulation M), Section 20.10.040 (B -2), and Section 20.41.060 (Property Development Regulation 1) of the Zoning Code to exempt bathrooms, connecting corridors, foyers, and stairwells from the calculation of residential floor areas. • At the request of Commission, Ms. Temple noted that the history of this amendment originated several years ago to address a growing problem with persons constructing clerestory garages, particularly on Balboa Island, and then after receiving a final building inspection and certificate of occupancy would proceed to fill in the clerestory with additional bedrooms. As a result of this problem, the City enacted a new provision of the Zoning Code that counts any clerestory above a non- habitable portion of a building to be counted twice if it exceeded the interior height of 14 feet 6 inches. At the time the City adopted the updated Zoning Code, a number of additional definitions consistent with standard planning and building code definitions were established. The term non - habitable bears most closely with the building definition of un- inhabitable and by making those wording changes staff found that certain areas within structures would fall under this limitation. Staff brought this issue to the Planning Commission and discussed the various options. The Commission determined that they wanted to still use the term un- inhabitable but would also exclude certain interior spaces such as bath or toilet rooms, connecting corridors, foyers and stairwells to not be considered so that those types of spaces could be two stories in height without being counted twice. Certain interior spaces such as closets, were they to be constructed in a height higher than 14' 6" would remain calculated on two levels. This amendment makes the existing code consistent with the original intent of the code change done several years ago. In terms of the strict application it would provide for some additional floor area for structures whose architecture included clerestory elements in foyers, stairwells and other • of the excluded areas. 24 INDEX Item No. 5 A 884 Recommended Approval City of Newport Beach • Planning Commission Minutes March 18, 1999 Public comment was opened and closed. Motion was made by Commissioner Kranzley to adopt Resolution No. 1496 recommending approval of Amendment884 to the City Council. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None UBJECT: service Station Regulations Update • Amendment 885 An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Municipal Code to update land use and property development regulations for service stations. Two drafts of the amendment to Chapter 20.80 are presented; one with provisions for the co- development of convenience • markets and eating and drinking establishments with service stations and one without co- development provisions. Senior Planner Alford presenting the staff report noted the following • First comprehensive revision to the City's service station regulations since they were first adopted in 1972. • This revision is the work of an Economic Development Committee consisting of EDC members and representatives of the Planning Commission. • Intended to correct land use regulations and property development regulations that are reflective of service stations in the early 1970's • Intended to correct regulations that prohibit common service stations such as minor maintenance and the selling of non - automotive merchandise. • Draft A contains updated land use and property development regulations, including provisions for the co- development of convenience markets and eating and drinking establishments. a. Convenience markets and eating and drinking establishments would be permitted with a use permit. b. Convenience markets would be required to have a minimum of 1,200 square feet of floor area • Draft B contains the same updated regulations, but without the co- development provisions. • Both Drafts allow: • a. Service stations to have up to 50 square feet of floor area to be 25 `111 1 Item No. 6 A 885 Continued to 4/8/1999 City of Newport Beach . Planning Commission Minutes March 18, 1999 used for the storage, display and sale of non - automotive merchandise and food and beverages. b. Incidental, minor maintenance commonly conducted at service islands. (i.e., dispensing of air and water, replacement of windshield wipers, fuses and lamps, replenishing motor vehicle fluids and lubricants and vacuuming, hand drying and hand waxing of vehicles) c. Establish minimum land area requirement based on the type, number and size of facilities which allows new development on smaller sites, yet keeps the intensity of development under control • Both Drafts distinguish between remodels and new construction. The proposed design and development regulations would apply to existing service stations only under certain circumstances. • There is a provision that grants authority to the Planning Commission to modify or waive any of the property development regulations for the expansion or renovation of an existing service station upon finding that the strict compliance with the standards is not necessary to achieve the purpose and intent of the chapter. • Both Drafts would end a prohibition on all alcoholic beverage sales at service stations that has been in effect since 1972. However, the Alcohol Beverage Ordinance and use permit process can address alcohol - related • uses on a project by project basis. • Staff has drafted a set of design guidelines for service stations to advise applicants in the early planning stage of their projects. Service stations would be required to be consistent with the provisions contained in the design guidelines. At Commission inquiry Mr. Alford noted: • Vehicle /Equipment Repair is permitted as an accessory use subject to the approval of a use permit. • The basic intent of the alcohol beverage sales was for beer to be sold in minimum six -pack containers or in larger single containers of 64 ounces or more. Wine would be sold in minimum four -pack containers or in single containers of 25 ounces or more. Ms. Temple noted that there will be challenges in the enforcement, however, conditions would be placed on the use permit of the service station as well as on the Alcoholic Beverage Sales License. Based on the specifics of the business, conditions of this nature could either be omitted or changed to be more suitable for the business. Public comment was opened. Mansoor Vakili, 19021 Glenwood Avenue, Irvine owner of Mobile Station at Pacific Coast Highway and Boyside spoke in support of Draft A. He cited the • following reasons: 26 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 • A public hearing is held before a business could obtain an ABC License. • Appearance of the station could be updated with additional landscaping. • Service stations need to be modernized to be more profitable. Bob Lintz, 2546 East Coast Highway, a Chevron Station operator stated his concerns: • Getting increasingly harder to earn profits from auto repairs due to cost of equipment and technicians and less work being done on automobiles. • Size of the lots and facilities are small. • Average station in California sells 150,000 gallons of gas a month. The average dealer makes 110 a gallon which would be $16,500 a month in gross profit. • Average operating expense for a gasoline facility with a food mart is about $30- 32,000 a month. • The Exxon station across from City Hall has an advantage in that they are dealing through a distributor who sells gas 10 to 140 a gallon less than a Mobile, Texaco or Chevron dealer is. This allows a bigger profit. • We need to have the marts to allow profits. Rick Yost, 22846 Pacific Coast Highway, Malibu representing Chevron stated • his support of Draft A to the amendment. Chevron's vision is to convert service bays as that it what the customers and will improve the facilities. Cyril Randani - clarified the three trade classes of service stations: 1. Dealer operated service station - company owned or leased facility with a building and is being operated by a dealer. 2. Dealer owned - dealer owns the land, building and is supplied gasoline. 3. Company operated station - company owned facility with the building and staffed by company personnel. Yad Mousaf, representing Chevron spoke about his four new sites, in Fountain Valley and Costa Mesa. They were all service bays converted to full size food marts. The new image and look is well received by the community. The gas volume has tripled. The company has training for the employees on customer service, safety and compliance policies. Nick Nadirs, 36 Silver Crescent, Irvine spoke in favor of Draft A. He noted the exception to all service stations to have up to 50 square feet of floor area to be used for display. It is too small and asked for it to be changed to 150 square feet. Richard Luehers, President of Chamber of Commerce as a proponent of this proposal stated that a year ago there was no testimony from the industry as to the benefits for the City. After extensive conversations with the oil industry • we ask that you support Draft A. At Commission inquiry, he noted that the co- 27 INDEX City of Newport Beach Planning Commission Minutes March 18, 1999 branding is not as popular as it once conversion to a mini mart rather than a enough fast food establishments in town. Public comment was closed. was. We would like to look at a co- branded operation. There are Chairperson Selich suggested that the Planning Commission should first discuss the merits of including convenience markets and eating and drinking establishments in the service station regulations, and take a straw vote on which Draft is preferred (A or B). Once that policy is determined, then the Commission can get into the details of the preferred ordinance and take action as is appropriate. Chairperson Selich commented that he has been working on this issue for a year and a half. He generally supports convenience stores and co- branding if it is a legitimate business concept. However, there will not be savings in the price of gas for doing these things. The purpose for doing this is to gain additional profit and cash flows. He opposes allowing convenience markets and the co- branding concept in the Service Station Ordinance for the following reasons based on his personal business'experience: • Do not bring anything to the community - city residents do not need these • facilities. • They will primarily service visitors to the city, not the citizens. • Economic benefit will be only what the visitors spend at these facilities and it will not be as great as represented by the industry. • We should be attracting facilities that would be higher end types of uses that provide the economic revenue to the city and not these types of facilities. • The city is not under served by gas stations. The reduction within the city is in line with the overall percentage nationwide. • The locations of these facilities would not pass the scrutiny of a Use Permit hearing before the Planning Commission or the City Council with the exception maybe of the one on Bristol Street and Irvine Avenue. The rest of the facilities are too close to residential areas. • We would be sending the wrong message to the oil industry if we approved this as we are setting them up for failure at the Use Permit Hearing. Concluding, he noted his opposition to the convenience market concept, however, if it is added in he stated he would work to make it as most successful as possible. Commissioner Kranzley, as the other member of this committee, stated that the service station could be scrapped and a convenience market could be built by right on that site. He favors Draft A but is not in favor of co- branding. • There should be a rigorous process to get any of these through as there will be 28 INDEX City of Newport Beach Planning Commission Minutes March 18, 1999 areas to have convenience stores tied to service stations. Commissioner Ashley stated his support for Draft A. Co- branding is unessential and that mini marts and convenience stores can accommodate the need of visitors who would like to have the convenience of a one -stop shop. 50 square feet of cooler area is too small for anyone who is willing to sell beverage that would meaningful. Staff has indicated that 125 to 150 square feet seems to be more common. If is an existing service station does not want to add a convenience but to have some goods, they should have up to 150 square feet maximum of cooler space. Commissioner Tucker, agreeing with some of the comments of both Commissioners Kranzley and Selich added that he would not be supportive of any mini marts at any location that are not on any major arterial. Commissioner Gifford stated that convenience markets are not an entitlement of service stations at the present time. She stated she is not in favor of eating and drinking establishments or of co- branding at this time. There is economic risk in any business. Concluding, she stated her support for Draft A with the exception of eating and drinking establishments. • Commissioner Hoglund stated his support of Ms. Gifford's comments noting that to do otherwise would be to interfere with the market. Chairperson Selich then stated that the consensus of the Commission is no co- branding and Draft A is the ordinance that will be reviewed. He then asked the Commission for their comments on the ordinance itself. Commissioner Ashley supported the staff report and noted his agreement with what has been written. There are a lot of neighborhood shopping centers where it would be inappropriate to have a convenience store as part of a station. Uses of this type would be difficult to procure due to the traffic and proximity of residences. Chairperson Selich noted the following suggestions for the ordinance: • Use as an opportunity to get the highest quality design - place wording in Purpose Section. 'That is complimentary and compatible with the surrounding community and adjacent land uses: • Stronger sign standards to gain control on the design. Staff needs to devise regulations that apply to service stations. • Landscaping - we have no standards in the city. This ordinance allows for us to get more quantitative in our requirements. Section I, No. 3 where it talks about the landscaping next to the adjacent residential property, do something in the way of more quantitative verbiage. Additional is language could be: 29 R111014:1 City of Newport Beach • Planning Commission Minutes March 18, 1999 'A 15 gallon container tree shall be no less than one inch caliper, at least 6 feet in height above grade at the time of planting. A 24 inch container tree shall be no less than 1.75 inch caliper and at least 7 feet in height above grade at time of planting: Additional language relating to landscaping the overall site also needs to be included to ensure that sizable plant material is included. Staff needs to come up with a design criterion that would include height and caliper of planting. Continuing, he asked staff what is here that is tying the Commission into design lines that says in fact that the Planning Commission is reviewing these projects, thru the Use Permit process, to the design guidelines. Ms. Temple noted that the reference to the design guidelines is Section H in 20.80 -6. That section says that the, "Site plan and architecture design ... shall be consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing" which is the attached design guidelines. This particular section of the proposed code is design and development regulations. It states that the following design regulations shall apply to any existing or new station that would require a use permit. Should the Commission wish to place a greater emphasis on this as a compliance issue,. • staff could re -craft some of the introductory statements of this chapter to actually require that formal findings of fact be made on each use permit in regards to compliance not only with the design guidelines but in reference to all of the other development regulations contained in this particular section. Should we do this, we would probably do some work on the section regarding modification of waiver of regulations to actually clearly set forth what parameters the commission may waive any of these requirements. Chairperson Selich then stated that he would like to see a reiteration in the intent and purpose in the architectural design section. Something to the affect, while we recognize the industry has standard floor plans that would be used on these facilities, they are strongly encouraged to provide them with unique elevation and architectural treatments that would make them unique to the City of Newport beach and not readily apparent as one of the typical, corporate owned structures seen elsewhere. This puts the oil industry on notice of what we want here. Commissioner Ashley left the podium, as he was not feeling well. Commission Tucker commented: • Landscaping - berming to soften the areas and suggestions that the ground cover be maintained in a flourishing condition • Drainage - requirement to review the maintenance of the filtration systems • • Purpose clause - establish requirements to insure that areas and facilities 30 INDEX City of Newport Beach Planning Commission Minutes March 18, 1999 provided for or visible by the general public are maintained in a neat, safe and clean manner. Additional Requirements - does the property owner disclose conditions embodied on the permit to new owners and is there any way to record this? Ms. Temple answered she would check with the Public Works Department to see if there are any practices in regards to monitoring the drainage. We could consider suggesting language that may incorporate into a use permit requirement some type of reporting mechanism. The applicant would then be required to provide regular reports to the city, assuring some measures. In terms of maintenance of landscaping, we have standard use permit requirements for that. To the extent the Planning Commission is interested, we could look at placing some of those into a criterion. Use Permits are vested and run with the land and a standard requirement has been included in recent years requiring the property owner to provide conditions of approval to any subsequent business that would exercise the permit. The City Attorney's office would be able to work with staff to bring back any suggested changes. Ms. Clauson suggested her office would look into this, perhaps as a . memorandum of lease. She noted potential problems with expiration, abandonment and similar problems with covenants. Commissioner Gifford, supporting the comments spoken, clarified that there is a call up provision and the analysis of alcohol beverage on sales and that it will be part of the review process. Commissioner Kranzley, agreeing with most of the comments, stated he wanted 50 square feet for incidental foods and the compatibility issue. Discussion then followed on the 50 square feet of storage and legalizing the existing service stations that are selling items in violation of the existing code. Anything beyond this limit necessitates an application for a new use permit under the new ordinance. Commissioner Hoglund asked for and received clarification on the relationship of the parking requirements with the addition of convenience market and how it impacts that requirement. Mr. Alford answered that Chapter 20.66 contains all the parking requirements for various land uses and it would have to be consistent with those. There are requirements for vehicle repair, convenience markets, eating and drinking establishments, etc. Any combination of those would have to be consistent with those requirements. The retail section would have to abide by the • standard parking requirement, which is at 1 space for 250 square feet. 31 INDEX City of Newport Beach • Planning Commission Minutes March 18, 1999 Commissioner Gifford noted to Commission that when this is looked at, do we really need to have a minimum of 1,200 square feet. Someone could have less but we should not preclude them. It was clarified that eating and drinking establishments is to be removed. Motion was made by Commissioner Kranzley to continue this item to the next meeting April 8+^. Chairperson Selich summarized: • Draft A that provides for convenience markets. • Changes to the Purpose of the Ordinance, Section C (architectural design), Section D (public facilities) • Staff will bring back criteria to incorporate sign approval as part of the use permit and not a separate section of the zoning code. • Staff will bring back standards for height and tree caliper on landscaping and the maintenance of the landscaping. • Consensus is that we stay with the 50 square feet and the 1200 square feet. • No eating and drinking establishments. • • An addendum to the introduction of the design guidelines under architectural criteria. • Requirements for the review of the design guidelines. Ayes: Tucker, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller, Ashley Abstain: None SUBJECT: R -A District Height Limits • A 887 A resolution of intent to amend Section 20.65.040 of Title 20 of the Municipal Code to place all properties in the Residential - Agricultural (R -A) District in the 32/50 Foot Height Limitation Zone. Ms. Temple presented the staff report and noted: • Findings to approve the variance were not present to approve for a particular case that was heard two weeks ago. • Research on that case showed that all those area properties had been previously in a district that had allowed 35 foot height limit and allowed the height to be established by use permit. • 32 INDEX Item No. 7 A 887 Approved City of Newport Beach is Planning Commission Minutes March 18, 1999 Since most of the properties had received such approval, it is staff's opinion that given the history, that a change is supportable and appropriate given the lot size limits and set back requirements are so much higher than other residential districts. Motion was made by Commissioner Kranzley to adopt resolution of intent to amend Section 20.65.040 of Title 20 of the Municipal Code. Ayes: Tucker, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller, Ashley Abstain: None s +s ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported the City Council considered the recommendation of Coastal Commission staff regarding the City's LCP Grant Application. The City Council authorized the May to submit a letter expressing the concerns • of the City. At their meeting of March 10th, the Coastal Commission approved $150,000 in grant funding for the City, with the direction to their staff to work with the City on the final grant requirements. b.) Oral report from Planning Commission's representative to the Economic Development Committee- None. C.) Matters which a Planning Commissionerwould like staff to report on at a subsequent meeting - None. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - None. e.) Requests for excused absences- None. ADJOURNMENT: The meeting was,adjoumedat10:10p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 33 INDEX Additional Business Adjournment