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HomeMy WebLinkAbout04/06/1995COMMISSIONERS PrE Ab: Mol Ay( Ab; 4 9y �F�O CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: Apri16, 1995 MINUTES ROLL CALL INDEX ,sent Commissioner Adams was excused. ;ent *�a EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Clauson, Assistant City Attorney William R Laycock, Current Planning Manager Don Webb, Public Works Director Dee Edwards, Secretary r ** ' . Minutes of March 9. 1995 Minutes of Commissioner Pomeroy requested that on page 19, first paragraph, that 3/9/95 "help" be deleted and that the statement be amended to read "...adjacent to his property to design his project.... ". Commissioner Brown requested that page 21, first paragraph, be corrected to state "...expand within the applicant's original proposal..... ". :ion Motion was made and voted on to approve the amended =s * * * * * March 9, 1995, Planning Commission Minutes. MOTION sent * CARRIED. ••s Public Comments: Public Comments Commissioner Di Sano discussed the fact that Planning Director James Hewicker and Current Planning Manager William Laycock soon will be retiring from the Planning COMMISSIONERS • 9�F9�9 ���9� /G Mo Aye Ab 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Department, and commended them for their years of service with the City of Newport Beach Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Commission Agenda Agenda was posted on Friday, March 31, 1995, in front of City Hall. Request for Continuance: Request for Director Hewicker stated that the applicant, Newport Harbor Nautical Cont. Museum, has requested that Item No. 3, Use Permit No. 3551, property Item No.3 located on the southerly side of East Coast Highway between the Bay Bridge and Bayside Drive, be continued to the May 4, 1995, Planning I Commission meeting. _ion * Motion was made and voted on to continue Item No. 3, 1995, to the May =s * * * * * 4, 1995, Planning Commission meeting. MOTION CARRIED. >ent ss* Tentative Map of Tract No. 15178 (Public Hearing) Item No.1 Request to approve a tentative map involving the subdivision of a single TTM15187 parcel of land into two numbered lots for 245 residential condominium units, one numbered lot for clubhousetrecreational purposes, one numbered Approved lot for guard house purposes and two lettered lots for private drive purposes on property located in the Block 800 Planned Community. LOCATION: Parcel 2 of Parcel Map 136/22 -23 (Resubdivision No.. 612), located at 875 San Clemente Drive, on the southwesterly comer of San Clemente Drive and Santa Barbara Drive, in the Block 800 Planned Community ' -2 COMMISSIONERS *\1*\\1i0'000P*01*\ CTI'Y OF NEWPORT BEACH 4 MINUTES ROLL CALL INDEX ZONE: P -C APPLICANT: Irvine Apartment Communities, L.P., Newport Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, pointed out that the subject map is a tentative map and not a vesting tentative map. He stated that the she plan that was distributed to the Planning Commission was to only inform the Planning Commission of the elevations of the proposed buildings inasmuch as the site plan is not included in the public hearing. Don Webb, Public Work Director, addressed the following conditions in Exhibit "A ". He recommended that Condition No. 10, be amended to state "That the private drlve serving the development and the museum driveway be designed to line up." The purpose for the amended condition would be that it would be less expensive and more beneficial if the museum ' driveway would be moved. Condition No. 14 be amended to state "That Santa Marta shall be improved with curb, gutter, sidewalk, street lighting acrd pavement." He explained that because Santa Maria is a private street and a private easement that an encroachment permit would not be required. Condition No. 15 be amended to state "That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer for compliance with City standards and policies. " Condition No. 32 be amended to state "That any Edison transformers serving the site be located outside the sight distance planes as described in City Standard 110-L, unless otherwise approved by the Public Works Deparnnent" The public hearing was opened in connection with this item, and Mr. Rick Lambert, Vice President of Development for Irvine Apartment ' -3- Mo Ay Ab 4 COMMISSIONERS ��9 �ydF�90 CITY OF NEWPORT BEACH MINUTES !t c , nn& ROLL CALL INDEX Communities, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A ", as amended. In response to a question posed by Commissioner Brown, Mr. Lambert explained that the truck driveway off of Santa Barbara Drive would be used for garbage pickup and moving vans. There being no others desiring to appear and be heard, the public hearing was closed at this time. tion Motion was made to approve Tentative Map of Tract No. 15178 subject to es * the findings and conditions in Exhibit "A ", as amended. MOTION sent * CARRIED. FindinQS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable ' general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That sidewalk constructed along the Santa Maria street frontage and construction of ramps for the handicapped will improve pedestrian safety. 6. That Final EIR No. 148, previously certified on August 24, 1992, was considered prior to approval of the project, was determined 1 _4_ 4 MINUTES CITY OF NEWPORT BEACH 9� �O A- :I L 1nAC ROLL CALL 0 INDEX adequate to serve as a Program EIR for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independent judgment of the City Council. 7. That the mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable codes, standards, mitigation measures, and conditions of approval adopted in connection with the project. The Mitigation Monitoring and Reporting Program for the project is contained in Final EIR No. 148. CONDITIONS: 1. That a final map shall be recorded. The final map shall be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital- graphic file of said map in a manner described in Section 7 -9 -330 and 7- 9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. ' -5- COMMISSIONERS 0 X99 �F�O 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements 6. That each of the proposed 4 story buildings shall have one sewer lateral serving the first floor and one sewer lateral serving the second, third and fourth floors, as approved by the Utilities Department. These two sewer laterals shall be connected within the building garages before connecting to the public sewer system, unless otherwise approved by the Utilities Department. That the townhouse units not located within the four -story structures, shall be sewered with separate lateral connections to the City sewer unless otherwise approved by the Utilities Department. 7. That each unit shall be served with individual water services. I The townhouses located within the four -story structures may use water meter rooms in the parking garage, as approved by the Utilities Department. The townhouses not located in the four -story structures shall be metered separately with their meters located within the street right -of -way, unless otherwise approved by the Utilities Department. Easements shall be dedicated to the City for access to the water meter rooms within the parking garage. 8. That the design of the private streets and drives conform with the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic private street and drive width shall be a minimum of 32 feet. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. 9. That the intersection of the private drives and San Clemente Drive shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscape, walls and other 4 COMMISSIONERS 9A�G'� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. The slopes adjacent to Santa Maria and the private drive into the development shall be laid back to provide sight distance in accordance with the City Sight Distance Standard I10 -L. 10. That the private drive serving the development and the museum driveway be designed to line up. 11. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 12. That if it is desired to have a control gate at the entrance, a I turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and the Fire Department. 13. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 14. That Santa Maria shall be improved with curb, gutter, sidewalk, street lighting and pavement.. 15. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer for compliance with City standards and policies. 16. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure ' -7 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES emit A toot ROLL CALL INDEX locations, with widths to be approved by the Public Works Department. 17. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 18. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 19. That the Water Capital Improvement fee shall be paid. 20. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the City's Utilities Department. 21. That County Sanitation District fees be paid prior to issuance of any building permits. 22. That the Public Works Department plan check and inspection fee be paid. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control 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 ' -8 COMMISSIONERS 4 CITY OF NEWPORT BEACH •MINUTES A n,41 A IOO1004; ROLL CALL INDEX storage or delivery of materials within the Santa Barbara Drive right -of -way. 24. 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. 25. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 26. That prior to the occupancy of any unit, a qualified acoustical engineer, retained by the City at the applicant's expense, shall demonstrate to the satisfaction of the Planning Director that the noise level on the project does not exceed 65dB CNEL for outside living areas and the requirements of law for interior spaces. 27. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBa at the property line. 28. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 29. Interior noise levels in the proposed project shall not exceed 45 CNEL in any habitable space. 30. On -site water mains and fire hydrants locations shall be approved by the Fire and Public Works Departments. COMMISSIONERS • F�9ti�o9 Qy CITY OF NEWPORT BEACH 4 MINUTES ROLL CALL INDEX 31. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 32. That any Edison transformers serving the site be located outside the sight distance planes as described in City Standard 110 -L, unless otherwise approved by the Public Works Department. 33. That all applicable mitigation measures imposed by Environmental Impact Report No. 148 and Conditions of Approval of Traffic Study No. 82 shall be fulfilled. 34. That this tentative tract map shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. IUse Permit No. 3550 Item No. Request to permit the establishment of a martial arts studio and an UP3550 acting/dance studio including aerobic lessons which specialize in the training and instruction of martial arts, acting, dancing, and aerobics on Approved property located in the M -1 -A District. LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 3926 -3928 Campus Drive, on the southeasterly side of Campus Drive, between Quail Street and Dove Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANTS: Favian Carrillo and Manny Clark, Burbank OWNER: Campus Square, Burbank ' -10- COMMISSIONERS Mo Ay Ab 4 CITY OF NEWPORT BEACH MINUTES n_..a c innc ROLL CALL INDEX The public hearing was opened in connection with this item, and Messrs. Favian Carrillo, Costa Mesa, and Manny Clark, Irvine, applicants, appeared before the Planning Commission to concur with the findings and conditions in Exhibit "A ". tion * Motion was made and voted on to approve Use Permit No. 3550 subject es to findings and conditions in Exhibit "A ". MOTION CARRIED sent FINDINGS: 1. That the proposed application is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That adequate parking exists on -site for the proposed use. 3. That the proposed development will not have any significant environmental impact. 4. That the approval of Use Permit No. 3550 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all noise created from the martial arts instruction and the acting/dance studio with aerobics lessons shall be confined to the interior of the building and all doors and windows within the building shall be closed while instruction is conducted, so as not to create a disturbance for the adjoining commercial suites. ' -11- COMMISSIONERS 4 9Ar CITY OF NEWPORT BEACH MINUTES e—tc 1nnc ROLL CALL INDEX 3. That the instructional classes and private lessons shall be limited between the hours of 6:00 a.m. and 10:00 p.m., daily. 4. That all employees shall park on -site at all times. 5. That all signs shall conform to the provisions of the Sign Code. No temporary "sandwich" signs shall be permitted, either on- site or off -site, to advertise the martial arts studio. 6. That the Planning Commission may add 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. 7. 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. *�r Use Permit No. 3551 fPub6c Heari ng) Item No.. Request to permit the establishment of a nautical museum in a floating UP355I structure currently occupied by Charley Brown's Restaurant, where the related off-street parking area is located in the RMC -H District. The . Cont to proposed facility will include exhibit space, a meeting area, library, gift 5/4/95 store and cafe on the floating structure, with related off - street parking on the adjoining upland parcel. LOCATION: Lot A , Tract No. 5361, Parcel 4 of Parcel Map 93 -111 (Resubdivision No. 995) and a portion of Block 54, Irvine's Subdivision, located on the southerly side of East Coast fTighway, between the Bay Bridge and Bayside Drive. ZONE: RMC -H ' -12- COMMISSIONERS MID Ay Ab 4 X91 y� 05 CITY OF NEWPORT BEACH MINUTES ROLL INDEX CALL APPLICANT: Newport Harbor Nautical Museum, Irvine OWNER: The Irvine Company, Irvine James Hewicker, Planning Director, stated that the applicant requested that the subject application be continued to the Planning Commission meeting of May 4, 1995, to give the applicant additional time to submit further information to the planning staff. tion Motion was made and voted on to continue Use Permit No. 3551 to the es * * * * * * May 4, 1995, Planning Commission meeting. MOTION CARRIED. sent Use Permit No. 3552 (Public Hearings Item No. Request to permit the establishment of a take -out, walk -up, food UP3552 ' establishment on property located in the SP -8 (RSC) District in the Central Balboa Specific Plan Area. Approved LOCATION: Lot 3, Block 9, Balboa, and Lot 3 Block G, Bay Front Section, located at 704 East Bay Avenue, on the northerly side of East Bay Avenue, between Washington Street and Main Street, in Central Balboa. ZONE: SP -8 (RSC) APPLICANT: V. A Panaia, Irvine OWNER: Kent Maddy, Newport Beach James Hewicker, Planning Director, stated that it was staff's opinion that the take -out establishment would not detract from the ambiance of the Fun Zone atmosphere. ' -13- COMMISSIONERS • F�99 �'��90 MO' Su Mo r MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Vincent Panaia, Irvine, appeared before the Planning Commission. He concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Ridgeway, Mr. Panaia replied that there are no similar food establishments in the County with the exception of the Orange County Fair and special events. The roasted corn would be roasted and housed in a small trailer that would be located on approximately 100 square feet on a vacant parcel of land. Commissioner Brown stated that inasmuch as the take -out establishment would be located in the Central Balboa Business District and that it is an unusual request, that the application be referred to the Balboa Merchant Owners Association Business Improvement Advisory Board for their review, and their review be incorporated into the Planning Commission's action. Commissioner Ridgeway stated that the recommendation would be an I unreasonable layer of bureaucracy. There being no others desiring to appear and be heard, the public hearing was closed at this time. tion * Motion was made to approve Use Permit No. 3552 subject to the findings and conditions in Exhibit "A ". b. Substitute motion was made to refer the application to the Business tion * Improvement District Board of the Balboa Merchant Owners Association, and to request that the Board review the issue expeditiously. The substitute motion was based on the fact that the subject use would be temporary and that improvements would be involved. Robin Clauson, Assistant City Attorney, questioned if the Business Improvement District Board would have power over the use permit decision, and if the Board was designated with review power by the City Council. She said that the Board would have been notified of the subject application, and they would have responded if there were any concerns -14- COMMISSIONERS • 9� �'�yc'c2� t s Mo Wi Ay No Ab r CITY OF NEWPORT BEACH MINUTES ROLL CALL I INDEX regarding the request. The establishment is in compliance with the Central Balboa Specific Area Plan. Director Hewicker stated that the landlord, the lessor, and the tenant of the subject site are located in the Central Balboa area, and if it is the desire of the Planning Commission to notify all of the Business Improvement Districts in the City, and the Economic Development Committee prior to the time that the applications are reviewed by the Planning Commission then it could be done, however, the original intent of the Economic Development Committee was to expedite the processing of discretionary permits. All of the property owners within 300 feet of the subject site would have been notified of the subject request. Director Hewicker explained that inasmuch as there is a 14 day appeal period before the applicant can submit the application to the Coastal Commission, and the Coastal Commission review time is approximately 45 days, that it is possible that the take -out restaurant would not be permitted to open until the middle of the summer if the application would be sent to the Business Improvement District for review. Commissioner Di Sano supported the original motion on the basis that if there would be concerns, the use permit could be appealed to the City Council for review. He addressed the time frame that would be involved if the request would be reviewed by the Business Improvement District Board. Chairman Gifford requested that notice be provided to the Business Improvement Districts of use permits that are pending within the Districts. She said that the public hearing was clearly posted, and it is incumbent that the Association be involved in the community, but she did not make an exception that the request be sent back to the BID for their review. t ion COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with the surrounding land uses. 2. That the design of the proposed outdoor take -out, walk -up food establishment is consistent with the Design and Development Guidelines, as set forth in Section 20.65.025 of the Municipal Code related to Design Theme, Architectural Theme and Streetscape; by promoting a visually appealing structure; creating visual interest and a pedestrian scale along the bay front with a harmonious relationship between buildings; and enhancing the visual quality of Central Balboa; 3. That the project will not have any significant environmental impact. 4. That adequate parking is available on -site to accommodate the proposed facility and the existing use. 5. That the proposed outdoor take -out restaurant establishment, as ' limited by the following conditions of approval, will not impede pedestrian or traffic circulation within the subject property. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. That the operator of the food service use will be responsible for the clean -up of all on -site and off -site trash, garbage and fitter generated by the use. 8. That the approval of Use Permit No. 3552 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDMONS: -16- COMMISSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 1. That development shall be in substantial conformance with the approved plot plan, material details and elevations, with a maximum footprint of 108 square feet, except as noted below. 2. That no patron seating and dining area shall be permitted in conjunction with this outdoor food establishment and any introduction of tables and chairs will require an amendment to the use permit. 3. That the hours of operation shall be limited between the hours of 6:00 a.m. and 12:00 midnight, daily, and that any increase in hours shall be subject to the approval of an amendment to this use permit. 4. That trash receptacles for patrons shall be located in convenient locations in and around the proposed facility. 5. That all signs shall conform to the provisions of Chapters 20.06 ' and 20.65.030 G of the Municipal Code, as applicable. 6. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment. 7. That all mechanical equipment and trash areas shall be screened from East Bay Avenue and the public right -of -way along the bay, and adjoining properties. 8. That trash generated by the subject facility shall be screened from view from adjoining properties except when placed for pickup by refuse collection agencies. 9. That the operator of the food service use shall submit a practical program for monitoring and implementing the clean-up of the site and adjacent areas to the Planning Department prior to implementation. 10. That all cleaning and preparation of inventory to include the storage of corn and other food merchandise, shall be located so as ' -17- COMMISSIONERS \i�k Tn� CITY OF NEWPORT BEACH MINUTES ROLL CALL I INDEX to be screened from view of neighboring commercial properties and from East Bay Avenue and the public walkway along the bay. Should such activities be conducted out of doors of the enclosure and a problem arise (as determined by the Planning Department) the activities will then be relocated to within one of the neighboring commercial buildings or be enclosed by a similar structure as approved with this application. 11. That the disposal of any debris or water shall not impede or fitter the public sidewalks or curb and gutters on East Bay Avenue and the public walkway. Any discarded water or other refuse shall be appropriately disposed to prevent impacting the public right -of -way sidewalks. 12. That restrooms within the adjoining commercial building shall be available for use by the customers and employees of the proposed establishment during operating hours, and appropriate signs directing patrons shall be provided. 13. That a minimum of two independently accessible parking spaces shall be provided on -site for the employees of the proposed outdoor food service facility and the other permitted use located on site. 14. That the proposed chain -link fence enclosure shall be covered with fabric panels or other material to be approved by the Planning Director. 15. That all provisions of the Uniform Building Code shall be maintained. 16. That no outdoor sound system, loudspeakers or paging system shall be permitted. 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 amendment causes injury, or COMMISSIONERS * 9 MINUTES CITY OF NEWPORT BEACH • -19- ,.5 ROLL ' ' INDEX CALL I is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. 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. Variance No. 1202 (Continued public Hearin ¢) I Item Nc Request to permit the construction of a single family dwelling on V V1202 property located in the MFR (2178) District which exceeds the allowable 1.5 times the buildable area of the site. The proposed c c°nt ' d 5 development provides the required amount of open space, but the 5/ t location of the open space does not meet Ordinance requirements. The s proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 10 feet into the required 10 foot front yard setback adjacent to the abandoned Carnation Avenue right - of -way as established by Districting Map No. 17, and to encroach 6 feet into the required 10 foot rear yard setbacks. Said construction also proposes to extend beyond the original lot line adjacent to the vacated portion of Carnation Avenue, so as to encroach 16 inches± with a roof overhang, and three retaining walls which encroach 3 to 12 feet into said abandoned right -of -way. The application also includes a modification to the Zoning Code so as to permit an entry stairway which will also extend 10 feet beyond the original lot line adjacent to the vacated portion of Carnation Avenue and will measure 4 feet above natural grade where the Zoning Code limits such construction to a maximum height of 3 feet. LOCATION: A portion of Block "D ", Corona del Mar, and a portion of Carnation Avenue (vacated), located at 319 Carnation Avenue, southerly of Bayside Drive and westerly of the midline of the vacated extension of Carnation Avenue, in Corona del Mar. ZONE: MFR (2178) ,.5 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES Y c ,nAr ROLL CALL INDEX APPLICANT: Robert Losey, Irvine OWNER: Same as applicant James Hewicker, Planning Director, addressed the letters and petition of opposition to the variance that were distributed to the Planning Commission prior to the public hearing. Mr. Robert S. Losey, 424 Goldenrod Avenue, applicant, appeared before the Planning Commission. Mr. Losey concurred with the findings and conditions in Exhibit "A ". The subject proposal is a minor modification to Variance No. 1178 that was approved by the Planning Commission on January 9, 1992. The requested variance is based on restrictive zoning because a 10 foot front yard setback is required to the rear of the abandoned Carnation Avenue right -of -way, and that the rear yard setback be considered as a side yard setback. ` In response to a question posed by Commissioner Brown, Mr. Losey replied that the last time he spoke with Mr. Bill Phalen, the property owner of 317 Carnation Avenue, was three years ago when W. Phalen supported the proposed project, and he has modified the plans subsequent to when he met with Mr. Phalen. The room that was originally planned as a subterranean room was moved to over the garage. Commissioner Brown pointed out that Mr. Phalen's front door is directly behind the proposed garage, and an additional level above the garage could have an impact on Mr. Phalen's light. Mr. Losey explained that the height of the proposed garage has not been changed since the original plan was submitted, and the garage would be in conformance with the garages of the adjacent condominiums, i.e. the entryways are on the side of the 4 foot side yard setbacks at 303 to 309 Carnation Avenue. Director Hewicker explained that the original floor plan that was approved in January 1992, had a bedroom and bath over the garage. Chairman Gifford addressed Mr. Phalen's letter dated January 9, 1992, that indicated that Mr. Phalen did not object to proposed Variance No. 1178. In response to a question posed by Chairman Gifford, Mr. Losey replied ' -20- COMMISSIONERS 9A FG'� • �F�9 Gdc09� CITY OF NEWPORT BEACH 4 MINUTES ROLL CALL April (3, IM INDEX that he was not aware why Mr. Phalen changed his opinion regarding the project since January, 1992. Commissioner Ridgeway commented that letters in opposition to the applicant's request were submitted to the Planning Commission from Bill Phalen, 317 Carnation Avenue, dated March 29, 1995; Jeffrey Brown, 405 Dahlia Avenue, dated April 4, 1995; Thomas Phillips, 315 Carnation Avenue, dated April 5, 1995; J. E. Garrett, 313 Carnation Avenue, dated March 30, 1995; Mrs. R Westover, 2301 Pacific Drive; William Smirl, property owner at 401 Femleaf.; and a petition in opposition tothe proposed development. Ms. Jennifer Pritchett, realtor, appeared before the Planning Commission on behalf of Mr. Bill Phalen, 317 Carnation Avenue. Mr. Phalen opposes the proposed variance, and she referred to his letter dated March 29, 1995, outlining his concerns regarding the project. Ms. Pritchett stated that the proposed project would reduce the value of 317 Carnation Avenue, and she explained that Mr. Phalen is required to disclose the contents of the ' subject public hearings to potential buyers of the property. In response to questions posed by Chairman Gifford, Ms. Pritchett explained that Mr. Phalen was not notified of the February 9, 1995, Planning Commission meeting until she advised him of the public hearing. He was concerned that 4 feet would exist between his walkway and the proposed structure, and that it would impact the light and open space of his properly. In response to a question posed by Commissioner Brown, Ms. Pritchett replied that she is the listing agent for Mr. Phalen's property at 317 Carnation Avenue. Ms. Be LaForce, 311 Carnation Avenue, appeared before the Planning Commission. Ms. LaForce referred to her letter dated March 7, 1995, that expressed her support of Mr. J. E. Garrett's letter dated February 21, 1995 in opposition to the project. She expressed concerns that several of the property owners in the 300 block of Carnation Avenue were not notified of the February 9, 1995, Planning Commission meeting, or the January 9, 1992, Planning Commission meeting. The proposed project would reduce the value of the adjoining properties, and it would impact their views and quality of life. Director Hewicker pointed out that subsequent to the February 9, 1995, Planning Commission meeting that the public hearing for -21- COMMISSIONERS • ���L�v�F�90 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX the variance was renoticed, and that the owners of the condominiums were notified. Mr. Kent Moore, 2500 and 2502 Ocean Boulevard, appeared before the Planning Commission. He opposed the variance because the project would exceed the allowable building size. Mr. Moore stated that the denial of the project would not be the taking of property rights inasmuch as a structure could be built typical to the neighborhood without obtaining the requested variances. Mr. William Smid, 1527 Sandcastle Drive, property owner at 401 Femleaf Avenue, appeared before the Planning Commission, and he referred to his aforementioned letter. Mr. Smirl discussed the view impact that the proposed structure would have on his property whereby he referred to the photographs that he submitted to the Planning Commission that were taken from his property to the bay. He stated that his property value would be affected if the variance would be granted, and the County's property taxes would be reduced as a result of loss of property values in the neighborhood. Director Hewicker stated that the subject property does not encroach into the required front yard setback on Bayside Drive. There is an encroachment into the rear yard opposite the Carnation Avenue frontage which would bring the structure closer to the buildings at the end of Carnation Avenue. In response to a question posed by Chairman Gifford, Mr. Hewicker and Mr. Smirl discussed the aforementioned photographs that Mr. Smul submitted to the Planning Commission, and the feasibility that any structure built on the subject property could impact his view without a variance or any discretionary action by the Planning Commission. Lila Crespin, 2600 Bayside Drive, and property owner at 707 Begonia Avenue, appeared before the Planning Commission. Mrs. Crespin referred to her letter dated February 9, 1995, that was attached to the staff report, and she commented that she was not notified of the public hearing. In reference to Finding No. 4, Findings for Denial, Mrs. Crespin pointed out that the project would be detrimental to the persons residing in the neighborhood, and the project would have a negative affect on their property values. ' -22- COMMISSIONERS 4 `\5� 10 CITY OF NEWPORT BEACH MINUTES _a c 1 nnc ROLL CALL INDEX Mr. Bruce Carins, 405 -1/2 Fernleaf Avenue, appeared before the Planning Commission. He said that his concern was the 6 foot encroachment into the 10 foot rear yard setback because it would impact his view to the bay. Mr. Jeff Brown, 405 Dahlia Avenue, appeared before the Planning Commission, and he referred to his aforementioned letter dated April 4, 1995, that was distributed to the Planning Commission. In reference to the required findings for variance approval and the applicant's response as stated in the staff report, Mr. Brown stated that the subject project could set a precedent for the neighboring property owners because there are similarities to other properties in the area. Mr. Brown explained that he had a concern that 75 percent of the setbacks would be violated. Mr. Ross Billings, 314 Carnation Avenue, appeared before the Planning Commission. He distributed a letter dated April 6, 1995, and photographs of the story poles that the applicant installed on the subject property, and the pink condominiums that are located on Carnation Avenue. Mr. Billings advised that the condominiums do not impact his property; however, he ' had the following concerns. The proposed project would impact the view of the bay and the street view based on the location of the story poles; the project would impact them emotionally and financially; the story poles were not installed professionally and an additional five feet would be allowed above the height of the installed story poles; and the geological integrity of the hillside site is a primary concern. In response to a question posed by Conunissioner Brown, Mr. Billings replied that the view from his property is framed by the roofs of the pink condominiums across Carnation Avenue and he explained how the proposed project would impact his view. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Pomeroy regarding Variance No. 1178 that was approved by the Planning Commission in January 9, 1992, and the proposed project, William Laycock, Current Planning Manager, explained that the proposed development is 415 square feet larger than the previous project. Mr. Laycock referred to the plot plans of Variance No. 1178 and the proposed variance that are attached to the staff report and he explained from the plot plans the difference between ' -23- COMMISSIONERS • L MINUTES CITY OF NEWPORT BEACH ROLL CALL Apld 6, 1995 INDEX the previous and proposed variances, and where there could be a view impact. A majority of the additional square footages are within the buildable area of the property either over the garage or at the front entrance area. In response to a question posed by Chairman Gifford, Mr. Laycock explained that the proposed 4 foot setback adjacent to 317 Carnation Avenue and the proposed 4 foot setback opposite Carnation Avenue remain the same as was approved in Variance No. 1178. In response to questions posed by Commissioner Brown regarding the 4 foot setbacks adjacent to the northerly and westerly property lines, Mr. Laycock explained that those areas are considered rear yards, and the proposed development encroaches 6 feet into the required 10 foot rear yard setbacks. The subject lot is unique inasmuch as one 10 foot front yard setback is designated on Bayside Drive, and another front yard setback is designated on Carnation Avenue. If there were no front yard setback designated on Bayside Drive, and only a front yard setback on Carnation Avenue the proposed development would maintain a legal 4 foot side yard setback adjacent to the property located at 317 Carnation Avenue. Mr. Laycock explained that the 10 foot front yard setbacks are designated on Districting Map No. 17. Director Hewicker explained that the subject lot as it is configured on the Districting Map has two front yard setbacks and two rear yard setbacks and no side yard setbacks, and that is a reason for the variance to exceed the buildable area other than the fact that it is also a very steep lot. Commissioner Brown requested a clarification of the Carnation Avenue ingress/egress easement. Mr. Laycock explained that Carnation Avenue was a public street and it was abandoned in the 1930's or 1940's. Commissioner Brown addressed recommended added Condition No. 30 as stated in the staff report, and Mr. Laycock explained that the condition was also recommended by staff in Variance No. 1178, but that the Planning Commission did not add the condition in conjunction with its approval of the original variance. The condition would have eliminated the top floor of the structure and it would allow the basement and first floor levels to encroach into the front yard setback so as to preserve the view corridor towards Begonia Park Commissioner Brown indicated that the proposed structures would be four levels, including a basement. Commissioner Brown stated that the affected neighbors would be the residents of 317 Carnation Avenue and 314 Carnation Avenue, and he ' -24- COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES ]I L I Anr ROLL CALL ' INDEX expressed his concern that the applicant and the community did not come to a compromise. The home at 317 Carnation Avenue would have a high wall rising from their front door and it would block out any light or air that either the door or windows currently enjoy. He stated that a structure on the subject property would be allowed a 10 foot front yard setback on Bayside Drive without a variance; however, the overall bulk of the proposed structure is not sensitive to the neighborhood. Commissioner Brown suggested that the applicant come to a compromise with the neighbors regarding the project. Commissioner Pomeroy explained why the requested variance would be appropriate considering the uniqueness of the site. He suggested that some modifications in the design could have accommodated some of the neighbors' concerns. He questioned why the opinions that were stated in letters from the neighbors three years ago concerning the same project would be significantly different from their current letters. Commissioner Pomeroy stated that Carnation Avenue is a street that cannot be built, and the only way that the site can be developed is with a variance. He said that ' he may be able to support the proposed variance with certain modifications and the down - sizing of the structure. Commissioner Di Sano stated that there are exceptional and extraordinary circumstances on the subject site, and he concurred that differences of opinion were expressed by the neighbors than what they gave in 1992. He said that it is possible that he could support the proposed variance; however, he said that the applicant could modify the project so as to make compromises with the adjacent neighbors. Commissioner Kranzley addressed the subject site and how difficult it would be to build on the subject property without impacting neighbors views. He suggested that the applicant meet with the neighbors to come to a compromise, and he addressed the accuracy of the story poles. Commissioner Ridgeway concurred that any structure that would be built on the site could impede views in the area; however, the applicant has the right to build on the property. The property located opposite of Carnation Avenue at 314 Carnation Avenue would be the most impacted by the project, and the impact that the project would have on the condominiums on the same side of Carnation Avenue is the normal impact that setbacks -25- COMMISSIONERS • �F�99y�F�02 4 Mot 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL 1'kpFd 5, INDEX have on houses situated next to each other. He said that he would consider approving the variance because of property rights, and there are extraordinary circumstances on the subject property. Commissioner Ridgeway suggested that down - sizing the project could be considered by the applicant; however, the structure is tastefully done and it could add value to the neighborhood. Chairman Gifford said that the property is an appropriate property to consider and grant a variance; however, she questioned the extent of the variance. The setbacks that are designated on the Districting Map are not favorable to 317 Carnation Avenue, and she stated that the property would be impacted dramatically by the proposed tall structure adjacent to the dwelling. She also addressed 314 Carnation Avenue. Chairman Gifford said that she could not support the variance as it is presently proposed. Following a discussion of the action that the Planning Commission would take regarding the application, the public hearing was reopened and Mr. Losey reappeared before the Planning Commission. W. Losey said that he would be willing to come to a compromise with the neighbors, specifically Mr. Phalen and Mr. Billings, and he pointed out that he previously made attempts to meet with the neighbors to discuss their concerns. In response to a question posed by Chairman Gifford, Mr. Losey agreed to continue the variance and he agreed to come back with a modified plan. :ion Motion was made to continue Variance No. 1202 to the May 4, 1995, Planning Commission meeting. Commissioner Brown suggested that the applicant address the sensitivity and the massing of the building as it approaches 317 Carnation Avenue, and that the bulk be moved down so as to provide 314 Carnation Avenue an upper level view. He expressed his support of the proposed setbacks. Commissioner Ridgeway addressed the west side of the property, and he requested that the bulk of the building be lowered toward 314 Carnation Avenue so as to maintain Mr. Billings' view. Mr. Losey and Commissioner Brown discussed the position of the garage the depth of the driveway, and guest parking. -26- COMMISSIONERS Ay Ab 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX as * * * * * Motion was voted on, MOTION CARRIED. sent A General Plan Amendment No 88 -2(E) (Public Hearin ¢) stem No.6 Request to amend the Land Use Element of the General Plan so as to GPA 88 =2E redesignate a portion of the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional LCP A36 Facilities" use, and the acceptance of an environmental document. A818 INITIATED BY: The City of Newport Beach UP3549 AND V1204 LLA 95 -2 B Local Coastal Program Amendment No 36 (Public Hearing) Approved Request to amend the Local Coastal Program Land Use Plan so as to ' redesignate a portion of the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. INITIATED BY: The City of Newport Beach AND C Amendment No. 818 (Public Hearin¢) Request to amend a portion of Districting Map No. 4 so as to reclassify a portion of the subject property from the RSC -H District to the GEIF [0.5/.75] District. AND D. Use Permit No. 3549 (Public Hearinel Request to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a -27- COMMISSIONERS 4 M69 *11* CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX use permit to allow the transfer of development rights to the church site, from property located at the southwesterly corner of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off-site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area. AND E. Variance No. 1204 (Public Hearing) Request to allow the proposed development to exceed .5 times the site area on property with a 0.5/35 variable Floor Area Ratio. AND F Newport Beach Lot Line Adjustment 95 -2 (Public Hearing) Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEN [0.505]. LOCATION: Church Site:Lots 1197, 1198, 1199, and 1200, Tract No. 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly corner of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7 -12, 16-21, and portions of Lots 13 and 15, Block 530, Lancaster's Addition, located on the southwesterly comer of 32nd Street and Lafayette Avenue, in Central Newport. ZONES: RMC and SP -6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER: Same as applicant ' -28- COMMISSIONERS 0 F� 9� - 4 CITY OF NEWPORT BEACH MINUTES AZ ROLL CALL INDEX Commissioner Ridgeway stepped down from the dais based on the fact that he is a member of the congregation William Laycock, Current Planning Manager, corrected page 2 of the staff report to read as follows: "The courtyard and pedestricm areas adjacent to the parish hall will be enclosed by a 4 foot 6 inch high raised platter between the wall and public sidewalk.. ", and the reference to the 7 foot high wall should be deleted. Mr. Laycock referred to Condition No. 10, Exhibit 'W, and he stated that the condition be amended to read "That no outdoor loudspeaker or paging system shall be permitted in conjunction with the operation of the church However, this shall not preclude the use of electronic bells within the proposed bell tower. " Don Webb, Public Works Director, stated that on the 32nd Street frontage of the property, an easement that was dedicated for water line uses is five feet onto the property. in Phase I of the church construction it is necessary ' to go into the easement area, and the City Council would be required to abandon the easement in that area. In Phase lI there is a water line in the easement, and when Phase H occurs the water line in the easement area will have to be relocated or the church will have to be modified in the back. He suggested an added Condition No, 30, Exhibit 'W', that states "That the water line on 32nd Street on church property be relocated in a manner acceptable to the Public Works Department, and that the easement be abandoned if no other utility companies have objections to the abandonment." The public hearing was opened in connection with this item, and Mr. Bill Dunlap, appeared before the Planning Commission on behalf of the applicant. In response to a question posed by Mr. Dunlap, Mr. Webb concurred that the water line would be moved at the beginning of Phase 11. Mr. Dunlap concurred with the findings and conditions in Exhibit 'W', as amended. Mr. Dunlap referred to Condition No. 7, Use Permit No. 3549, and he stated that 50 parking spaces would be available at the completion of Phase I; however, during the construction of Phase I there will be a need for construction staging for approximately 10 months and he requested that the condition be amended to 48 parking spaces during the interim period of ' -29- COMMISSIONERS R�9` ZdF�o 4 Mot Ap Ab; 4 CITY OF NEWPORT BEACH MINUTES A-Q G IQQC ROLL CALL INDEX construction which should begin in June, 1995, and conclude in May, 1996. Mr. Webb did not object with the request to amend Condition No. 7 as requested. In reference to Condition No. 23, Use Permit No. 3549, regarding a 5 foot comer cutoff at the northwesterly comer of 32nd Street and Lafayette Avenue, Mr. Dunlap pointed out that the condition would be in the Phase lI portion of the project, and the Public Works Department has indicated that as long as the landscaping planters in the area are no higher than 18 inches or 24 inches that there would be no problem in granting an easement or an encroachment. Mr. Webb explained that the location would be considered a parkway area and landscaping is allowed in parkways. Mr. Chris Pauls, 502 'W' Street, Balboa, appeared before the Planning Commission. Mr. Pauls addressed the church's future plans and its commitment to the congregation and to the City. He expressed his approval of the parking agreement that was approved by the City Council on March 27, 1995. ` David Anderson, Rector of St. James Church, appeared before the Planning Commission He stated that he came to the church as Pastor in 1987, and he addressed the Church's growth during the past 50 years. Following a successful capital fund drive and after working with the architect, the church expects to break ground in July, 1995. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Brown expressed his approval of the transfer of Development Rights and shared parking, and he requested that similar action be considered in the older business areas of the City. Chairman Gifford concurred with Commissioner Brown's comments regarding the effort that it took by the Church and the planning staff to bring the project forward. tion Motion was made and voted on to approve General Plan Amendment No. Bs * * * * * * 88 -2(E) [Resolution No. 1385], Local Coastal Program Amendment No. R1385 Bent * 36 [Resolution No. 1386], Amendment No. 818 [Resolution No. 1387], R1386 81387 ' -30- COMMISSIONERS •��rc'� F�92 0,9q CI'T'Y OF NEWPORT BEACH qL LLO 4 4 MINUTES ROLL CALL April 0, 1�;Iyi INDEX Use Permit No. 3549 as amended, Variance No. 1204, and Lot Line Adjustment No. 95 -2, subject to the findings and conditions in Exhibit "A ", as amended. MOTION CARRIED. A ENVIRONMENTAL DOCUMENT Findings: 1. That the contents of the environmental document have been considered in the various decisions on this project. 2. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto and that if the mitigation measures are incorporated into the project, it will not ' have the potential to significantly degrade the quality of the environment. 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Permit No. 3549 and Variance No. 1204. Mitigation Measures: 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the -31- COMMISSIONERS CTI'Y OF NEWPORT BEACH MINUTES ROLL CALL I INDEX former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate structural and non - structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. 3. Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. COMMISSIONERS i 4 CITY OF NEWPORT BEACH MINUTES A_114 1nnQ ROLL CALL e INDEX Adopt Resolution No.1386 (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. D. AMENDMENT NO. 818 Adopt Resolution No.1387 (attached) recommending to the City Council the approval of Amendment No. 818, amending a portion of Districting Map No. 4 so as to reclassify the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197 -1200, Tract No. 907 from the RSC -H District to the GEIF [0.5/.75] District. E. USE PERMIT NO. 3549 ' Findings: 1. That the existing and proposed facility is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is proposed within the off -site parking areas for both phases of the proposed development on the subject property. 3. That the proposed development will not have any significant environmental impact. 4. That the off-site parking areas are located so as to be useful in conjunction with the church use. 5. That the proposed off-site parking will not create undue traffic hazards in the surrounding area. 6. That one of the off-site parking areas is owned by the church and the other is approved for the church's use in accordance with the 10 -33- COMMISSIONERS • 9� ��cT f 4 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX terms of an approved off-site parking license agreement with the City. 7. That the proposed bell tower and eight foot high cross, which are in excess of 35 feet in height, are in keeping with the architecture of the church and the surrounding area, and will not obstruct any public or private view to the ocean or bay. 8. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 9. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 10 The increased development on the site does not create abrupt changes in scale between the proposed development and development in the surrounding area. ' 11. The proposed uses and structures are compatible with the surrounding area. 12. The increased development on the increased site will not result in significant impairment of public views. 13. The increased site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 14. The transfer of development intensity will not result in a net negative impact on the circulation system. 15. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S -1. -34- f COMMISSIONERS 4 F9 �F090 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 16. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. 17. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 18. That public improvements may be required of a developer per Section 20.80.060 & 20.82.050 of the Municipal Code. 19. That the application of the building bulk provisions contained in Chapter 20.07 of the Municipal Code to the design of the proposed sanctuary is inappropriate inasmuch as said provisions were not established with churches in mind and further, that the unique architectural style of churches are distinctly different from the typical commercial building. ' 20. The approval of Use Permit No. 3549 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further, that the modification to the Zoning Code so as to allow a portion of the parking spaces within the church owned off -site parking area to be tandem spaces will not be detrimental to surrounding properties and is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. -35- COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. That the design of the parking lot shall conform with the City's standards and further, that the parking, vehicular circulation and pedestrian circulation systems for the project shall be subject to further review by the City Traffic Engineer. 4. That all of the church staff shall park in one of the approved off-site parking areas at all times, and the four tandem parking spaces located in the church owned parking area shall be marked for staff parking only. 5. That the required number of handicapped parking spaces shall be designated within the church owned off-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. 6. That the applicant shall comply with all terms and provisions of the reciprocal parking license agreement approved by the City Council ' at its meeting of March 27, 1995 so as to allow the church the use of 45 parking spaces within the City Hall parking area on Saturdays, Sundays and holidays, from 7:00 am. to 6:00 p.m. 7. That a minimum of 48 parking spaces shall be provided in the church owned off -site parking area during construction of Phase 1 of the proposed project. At the completion of Phase 2 of the project, a minimum of 80 parking spaces shall be provided in said parking area. 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with each phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 9. That the lighting system for the proposed project, including the off - site parking area, shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential ' -36- COMMISSIONERS 4 L CITY OF NEWPORT BEACH MINUTES < 1nnc ROLL CALL INDEX properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the operation of the church. However, this shall not preclude the use of electronic bells within the proposed bell tower. 11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and further, the building bulk provisions contained in Chapter 20.07 of the Municipal Code shall not be applied to the proposed sanctuary. 12. That the applicant shall obtain Coastal Commission approval of the proposed project prior to the issuance of building permits. 13. That all conditions of approval for Variance No. 1204 and Newport Beach Lot Line Adjustment No. 95 -2 shall be fulfilled. 14. That the applicant shall prepare a complete soil and geologic investigation report which shall include a liquefaction analysis. 15. That the applicant shall provide an additional fire hydrant to service the property, the location of which will be determined by the Fire Department. 16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler system. 17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless otherwise approved by the Public Works and Planning Departments. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record the Lot Line Adjustment -37 COMMISSIONERS 4 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX or obtain a building permit prior to completion of the public improvements. 19. That the proposed structure be set back along the 32nd Street frontage so that it does not encroach into the 4 foot wide utility easement located adjacent to and contiguous with the 32nd Street right -of -way. The utility easement presently contains a 6" water main. That an Encroachment Agreement be executed by the owner for any planters or other encroachments into the easement and that all encroachments be reviewed and approved by the Public Works Department and that there shall be no trees planted within the easement area. 20. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Utilities Department . 21. That the intersection of the parking lot drives, the alley and ' Lafayette Avenue be designed to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 22. That if it is desired to have a control gate at the parking lot entrances, the design shall be reviewed and approved by the Public Works Department and Fire Department. 23 That a 5 foot comer cutoff at the northwesterly comer of 32nd Street and Lafayette Avenue be dedicated to the public. 24. That cracked or displaced sections of sidewalk caused by trees planted on private property along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the church and the parking lot frontages; that the unused drive approach on Via Malaga be removed and replaced with curb gutter and -38- COMMISSIONERS •9��6i 9�y X09 v 9 ��O 4 4 MINUTES CITY OF NEWPORT BEACH ROLL CALL ' INDEX sidewalk; that curb access ramps be constructed at the corner of 32nd Street and Lafayette Avenue; that the unused parking lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk and that the unused portion of the drive approach on 31st Street be removed and replaced with curb, gutter and sidewalk. That all work be completed under an encroachment permit issued by the Public Works Department. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control 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. 26. 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. 27. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 28. 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. 29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -39- COMMISSIONERS .N I-��90 4 4 CITY OF NEWPORT BEACH MINUTES A-414 iooc ROLL CALL INDEX 30. That the water line on 32nd Street on church property be relocated in a manner acceptable to the Public Works Department, and that the easement be abandoned ifno other utility companies have objections to the abandonment F. VARIANCE NO. 1204 Findings: 1. That it has been demonstrated that the traffic to be generated by the proposed church will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5. Traffic generation shall be determined in accordance with City Council Policy S -1. 2. That the projections of traffic to be generated utilize standard ' traffic generation rates generally applied to a use of the type proposed per City Council Policy S -1. 3. That the church sanctuary will be restricted to the gross floor area and the number of seats in the sanctuary upon which the traffic equivalency was based. 4. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. That the increased development does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, are compatible with the surrounding area. 7. That the increased development will not result m significant impairment of public views. ' -40- COMMISSIONERS •9��99��c2yo 4 4 CITY OF NEWPORT BEACH MINUTES •, / , � I ROLL CALL INDEX 8. That the site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Condition: 1. That all conditions of approval for Use Permit No. 3549 and Newport Beach Lot Line Adjustment No. 95 -2 shall be fulfilled. G. NEWPORT BEACH LOT LINE ADJUSTMENT NO. 95 -2 Findings: 1. That the project site described in the proposal consists of legal parcels. 1 2. That no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan and the Local Coastal Program Land Use Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. Conditions: 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot line adjustment, the lot line adjustment shall be submitted to the Public Works Department for checking. -41- COMMISSIONERS • O@11 f� J I 4 MINUTES CITY OF NEWPORT BEACH ROLL INDEX CALL 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. 4. That the approval of the Coastal Commission shall be obtained prior to the issuance of a building permit. * ** ADDITIONAL BUSINESS: adds 1 Business Verbal report from Planning Commission's representative to the Economic Development Committee. Commissioner Brown presented a brief report regarding his participation on the Economic Development Committee. The EDC organization consists of two main sub - committees: — Marketing/promotion and City Service. The task force committees consist of restaurant, hospitality, industry, boats and harbor, Business 1 Improvement Districts, and a professional services task force. The City Service Committee will review the procedures and policies that the City has accumulated over many years. Assistant City Manager, Ken Delino, introduced himself to the Planning Commission and discussed the Economic Development Committee and how their recommendations will be merged into the duties of the Planning Department. * ** Requests for excused absences - None ADJOURNMENT: 9:42 p.m. Adjou * ** GAROLD ADAMS, SECRETARY NEWPORT BEACH PLANNING COMMISSION -42- rn