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HomeMy WebLinkAbout04/09/1987COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers $q q�sl�FGSoq TIME: 7:30 p.m. m 9 T 9 q DATE: April 9, 1987 G9t^� s'oZ9��yi C db y ` ���'%\ CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x IN x x All Commissioners were present. (Commissioner Pomeroy arrived at 7:33 p.m.) * x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director - Carol Korade, Assistant City Attorney ' William R. Laycock, Current Planning Administrator Don Webb, City Engineer Dee Edwards, Secretary Election of Planning Commission Secretary: Election of Commissioner Roppelman nominated Commissioner Merrill PC Secretar • for the office of Planning Commission Secretary. There being no other names presented for consideration, the All Ayes nominations were closed. Commissioner Merrill was elected to the office of Planning Commission Secretary. Minutes of March 19, 1987: Minutes of March 19, Motion x Motion was made to approve the March 19, 1987, Planning 1987 Ayes x K 3 x x Commission Minutes. Motion voted on, MOTION CARRIED. Absent, x x Public Comments: Public Comments No persons came forth to speak on non - agenda items. • � x Posting of the Agenda: Posting of the Planning Director James Hewicker stated that the Planning Commission Agenda was posted on Friday, Agenda April 3, 1987, in front of City Hall. • COMMISSIONERS MINUTES April 9; 1987 CITY OF NEWPORT BEACH R L CALL INDEX Request for Continuances: Request for . Planning Director James Hewicker stated that Newport Continuance Benz /Clenet Car Co., applicant, has requested that Item No. 4, Use Permit No. 3005 (Amended) requesting the installation of a trailer and automobile wash rack, located at 200 West Coast Highway, be continued to the Planning Commission Meeting of April 23, 1987. Mr. Hewicker further stated that staff recommends that Item No. 7, Use Permit No. 3257, requesting the sales, service and installation of automobile cellular phones and automobile repair businesses, located at 3975 and 4001 Birch Street, be continued to the April 23, 1987, Planning Commission meeting. Motion x Motion voted on to continue Item No. 4, Use Permit No. All Ayes 3005 (Amended), and Item No. 7, Use Permit No. 3257, to the April 23, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. r • x • Final Map of Tract No. 12873 (Discussion) Item No.l Request to approve the Final Map of Tract No. 12873, FTM12873 subdividing 1.128 acres of land into 6 lots for single family residential development on property located in Approved the R -1 District. LOCATION: A portion of Lot A, Tract No. 919, located at 2505 Cliff Drive, on the southwesterly side of Cliff Drive, between Ocean View Avenue and El Modena Avenue, adjacent to the Ensign View Park in Newport Heights. ZONE: R -1 APPLICANTS: Howard Tuttle and Bob Newberry, Costa Mesa OWNERS: Same as applicants ENGINEER: Ron Miedema, Costa Mesa Commissioner Merrill requested information regarding the maintenance of the private street within the • subject development. -2- COMMISSIONERS MINUTES y o ;��G Fpm April 9, 1987 A$ O` CITY OF NEWPORT BEACH t'9 9y R L CALL INDEX Mr'. Howard Tuttle, applicant, appeared before the Planning Commission, and stated that the development's CC &R's include a maintenance agreement for the private street, and related easements. Mr. Tuttle indicated that there is an easement for public ingress and egress, and for utility purposes for the City and property owners. He explained that the applicant has .submitted the CC &R's for review to the City and to the State Department of Real Estate, and that the applicant has now submitted the CC &R's to the Planning Department for final approval. Motion x Motion was made to approve Final Map of Tract No. All Ayes 12873, subject to the finding and condition of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDING: 1. That the Final Map of Tract No. 12873 substan- tially conforms to the Tentative Map of said Tract and with all changes permitted and all require- • ments imposed as conditions to its acceptance. CONDITION: 1. That all conditions imposed by the City Council in conjunction with its approval of the Tentative Map of Tract No. 12873 shall be fulfilled. Use Permit No. 1726 (Amended) (Public Hearing) Item No.2 Request to amend a previously approved use permit which UP1726A permitted the construction of a church sanctuary and related church facilities on property located in the Approved North Ford Planned Community. The proposed amendment is a request to permit the establishment of an elemen- tary school with extended day care in the existing facilities. LOCATION: Parcel 2 of Parcel Map 41 -27 (Resub- division No. 328), located at 1000 Bison Avenue, on the northeasterly corner of Bison Avenue and Jamboree Road in North • Ford. ZONE: P -C -3- COMMISSIONERS MINUTES April 9, 3.987 CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Mariner's Church, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Roger Neu, 7 Morningside, Irvine, appeared before the Planning Commission to represent the applicant. Mr. Neu reviewed the findings and conditions before the Planning Commission and subsequently approved the findings and conditions in Exhibit "A ". James Hewicker, Planning Director, addressed the close proximity of the classrooms to Bison Avenue and Jamboree Road, and he asked if Mariner's Church would be required to meet any County, State, or Federal sound attenuation requirements? Mr. Neu advised that he was not aware of any sound attenuation requirements. Mr. Hewicker recommended a condition stating that if . there are any Government standards relating to interior noise levels for the use of the buildings for church school or day care, that said sound attenuation standards should be met. Mr. Hewicker explained that the type of buildings on the subject site have an ability to attenuate sound, however, he said that there may be requirements for sound attenuation such as keeping windows closed or that air conditioning be provided. Mr. Neu stated that the applicant would not object to the suggested condition. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1726 (Amended), subject to the findings and conditions in Exhibit "A ", and to add Condition No. 6 regarding sound All Ayes attenuation as previously stated. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible • with surrounding land uses. 2. That adequate off - street parking exists on the site. -4- COMMISSIONERS MINUTES y 0 April 9, 1987 CITY OF NEWPORT BEACH R L CALL INDEX 3. That the project will not have any significant environmental impact. 4. That approval of this amendment to Use Permit No. 1726 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 or improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans. 2. That all applicable conditions of approval of Use Permit No. 1726 as adopted by the Planning Commis- sion on June 6, 1974 shall remain in effect. 3. That the drop -off area shall be subject to the further review and approval of the City Traffic Engineer. 4. 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. 5. That this amendment to Use Permit No. 1726 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. 6. That applicable State standards for interior classroom noise shall be met. This may require the elimination of openable windows on the westerly side of the classroom buildings and the installation of air conditioning. -5- COMMISSIONERS MINUTES April 9, 1987 G9 9pN�9���Z CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 1852 (Extension) (Discussion) Item No.3 Request to consider the extension of Use Permit No. 1852 that permitted the establishment of a restau- (Extension (Exten sion rant - delicatessen facility with on -sale beer and wine in the C -1 District. UP1852 ' (Revocation AND B. Use Permit No. 1852 (Revocation) (Public Hearing) Continued to Request to consider the revocation of Use Permit No. August 6, 1852. This public hearing is to determine whether said 1987 use permit should be revoked for failure to comply with the requirement that in -lieu parking fees be paid on an annual basis. LOCATION: Portions of Lots 3 and 7 of Section 28, Township 6 South, Range 10 West, San Bernardino Meridian, located at 3325 Newport Boulevard, on the westerly side • of Newport Boulevard between Finley Avenue and 32nd Street, in Central Newport. ZONE: C -1 APPLICANT: Hassan Hassan, La Habra OWNERS: John P. and Maxine Myers, Los Angeles The public hearing was opened in connection with this item, and Mr. Hassan Hassan, applicant, appeared before the Planning Commission. In response to questions posed by Chairman Person, Mr. Hassan stated that he would agree to extend the subject Use Permits to August 6, 1987, as recommended by staff. Mr. Hassan further stated that he understood that staff would continue to monitor his payments of in -lieu fees, and he confirmed that his payment schedule is current. There being no others'desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to continue Use Permit No. 1852 g71 Ayes (Extension) and Use Permit No. 1852 (Revocation) to the August 6, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. -6- COMMISSIONERS MINUTES \ April 9, 1987 A CITY OF NEWPORT BEACH F� 9y R L CALL INDEX Use Permit No. 3005 (Amended) (Public Hearing) Item No.4 Request to amend a previously approved use permit which UP3005A allowed the establishment of an automobile rental facility on property located in the C -1 -H District. Continued The proposed amendment includes a request to install a to trailer which will be utilized for sales offices on a April 23, temporary basis, to install an automobile wash rack; 1987 and to revise the previously approved parking and circulation plans. LOCATION: Lots 1 and 2, and a portion of Lot 3, Tract No. 1210, located at 200 West Coast Highway, on the northwesterly corner of Dover Drive and West- Coast Highway, in the vicinity of the Newport Bay Bridge. ZONE: C -1 -H APPLICANTS: Peter Martin and Anne Slemons, dba • Newport Benz /Clenet Car Co., Newport Beach OWNER: Leonard Horwin, Beverly Hills _ Motion x Motion was made to continue Use Permit No. 3005 All Ayes (Amended) requesting the installation of a trailer and automobile wash rack, located at 200 West Coast Highway, to the April 23, 1987, Planning Commission meeting as requested by the applicants. Motion voted on, MOTION CARRIED. r � : Use Permit No. 3160 (Amended) (Public Hearing) Item No.5 Request to amend a previously approved use permit which UP3160A allowed the establishment of various outdoor boat display areas and a modification to the Zoning Code to Approved allow compact parking spaces on the subject property. The proposed amendment includes a request to modify the previously approved building plans so as to provide for additional floor area and retention of a second floor portion of an existing building. The proposed amend- ment also includes a request to modify the previously approved parking plan. -7- COMMISSIONERS MINUTES y ����(�oA\\ April 9, 1987 �9'y, \ CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Parcel 1 of Parcel Map 83 -13 (Resub- division No. 467), located at 900 West Coast Highway, on the northerly side of West Coast Highway, across the street from the easterly end of the Balboa Bay Club. ZONE: C -1 -H APPLICANT: West Marine Products, Newport Beach OWNER: Levon Gugasian, Newport Beach James Hewicker, Planning Director, referred to the addendum to the Use Permit that was distributed to the Planning Commission prior to the meeting wherein staff recommended three additional conditions: Condition No. 15 relates to the parking plan, display area, and the reconstruction of drive aprons; Condition No. 16 relates to advertising and merchandise display in the public right -of -way; and Condition No. 17 relates to signs conforming to the Sign Ordinance. The public hearing was opened in connection with this item, and Mr. Scott Brownell appeared before the Planning Commission on behalf of the applicant. Mr. Brownell concurred with the findings and conditions in Exhibit "A "; however, he stated his concern regarding Condition No. 6 which states "that all improvements be constructed as required by ordinance and the Public Works Department." He asked that all of the improvements requested by the Public Works Department be addressed and specified. Chairman Person replied that requirements by the Public Works Department involving major expenditures would be specified as a condition of approval. Mr. Brownell referred to Condition No. 3 which states "that all conditions of Use Permit No. 3160 (Amended) as approved by the Planning Commission on July 24, 1986, are null and void ", and he pointed out that one of those conditions requires the reconstruction of three driveway aprons. He said that the proposed site plan reconstructs one of the driveways to the City Standard 166 -L, leaving the other two less heavily used driveways as they exist. Mr. Hewicker commented that aforementioned Condition No. 15 addresses the issue of the three driveways and that said condition was required in Use Permit No. 3160 (Amended). -8- COMMISSIONERS 0 y� �N ;�yy fyA t99y< CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX Mr. Brownell explained that one of the reasons why the project was redesigned was because the project was over budget. He explained that Cal -Trans added additional improvements to the three driveways which put a financial hardship on the project. Mr. Brownell indicated that $8,000.00 is the estimated cost for concrete work, and the total estimated cost of the project is $45,000. Mr. Brownell described the three driveways by explaining that the most westerly driveway is the principal driveway used by the public going to the various retailers and that the applicant has no hesitation regarding the reconstruction of that driveway; however, he said that the center driveway width is adequate for a one -way driveway as suggested by the Public Works Department, and the most easterly driveway is used only to a minimal extent. Don Webb, City Engineer, stated that the 'Public Works Department is requesting that all revised projects on West Coast Highway redesign their driveways with flares so as to allow motorists to turn their vehicles safely in and out of the driveways without first stopping in the roadway prior to their turns. Mr. Webb explained that it is difficult to control or limit a one -way driveway in a particular direction. In response to a question posed by Chairman Person regarding an assurance that the one -way driveway remain one -way, Mr. Brownell suggested that one -way signs and arrows could be displayed. In response to questions posed by Commissioner Pomeroy regarding cost estimates, Mr. Brownell replied that in addition to the reconstruction of the three driveways, Cal -Trans is requesting that the drain system be revised so that the water will drain through a pipe and not down the driveways. Commissioner Koppelman expressed her annoyance at the attitude that has been taken by commercial tenants on West Coast Highway between Newport Boulevard and Dover Drive involving the display of signs and merchandise in the public right -of -way that are in violation of City Ordinances. Commissioner Koppelman emphasized that the violations will not continue to be acceptable wherein there will be a condition stating no advertising signs or merchandise displays shall be allowed in the public right -of -way, and that all signs shall conform to City Ordinances. She concluded that there will be strict enforcement of this condition along West Coast Highway. -9- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX Commissioner Winburn described the undesirable traffic circulation at the rear of the property because of the trailers that are encroaching into the driveway area. Mr. Brownell explained that the area of concern will be improved because that area is included in the proposed development. He pointed out that many of the rear -end collisions on West Coast Highway involve the area in front of the McDonald's Restaurant driveways. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3160 (Amended) subject to the findings and conditions in Exhibit "A ", including the addition of the foregoing Conditions No. 15, No. 16, and No. 17. Commissioner Winburn commented that she would support the motion based on Mr. Webb's statements regarding the ingress /egress of the driveways on West Coast Highway. • Commissioner Pomeroy commented that it would appear that the addition of retail space is relatively minor, and that the burden of making the driveway improvements on an existing use that is not going to change significantly may be an undue burden to place on one person. He further stated that the proposed expansion will improve the on -site parking situation. Commissioner Pomeroy stated that he supports the project; however, he said that there is a concern for a relatively small businessman. Commissioner Merrill suggested that because the subject site is a joint use parcel that the property owner be contacted for financial relief. Chairman Person concurred that an $8,000.00 improvement for a $45,000.00 project is a financial burden; however, Chairman Person supported the motion on the basis that the improvements suggested by staff need to be constructed. Commissioner Koppelman stated that she will support all driveway improvements on West Coast Highway in the future. Chairman Person agreed with Commissioner Koppelman's statement. Motion voted on to approve Use Permit No. 3160 (Amended) subject to the findings and conditions in -10- COMMISSIONERS %A "969� 0. o y3�r04 CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX Ayes x x x x x Exhibit "A ", including the foregoing Conditions No. 15, No x No. 16, and No. 17. MOTION CARRIED. FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. That adequate off - street parking will be provided in conjunction with the proposed building addition and outdoor display of boats and dinghys. 4. That the proposed use of compact size parking spaces for a portion of the required off- street parking will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of . persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the approval of said compact parking spaces is consistent with the legislative intent of Title 20 of the Zoning Code. 5. That the proposed outdoor display of boats and dinghys is in keeping with the marine character of the subject property and with other marine commer- cial uses along West Coast Highway. 6. The approval of Use Permit No. 3160 (Amended) will not, under the circumstances of the particular 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 improve- ments in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed project shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. -11- COMMISSIONERS m 911 0 CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX 2. That all previous applicable conditions of Use Permit No. 3160, approved by the Planning Commis- sion on August 8, 1985, shall be fulfilled. 3. That all conditions of Use Permit No. 3160 (Amen- ded) as approved by the Planning Commission on July 24, 1986 are null and void. 4. That a minimum of 39 parking spaces shall be provided on the subject property and that said parking areas shall be available to the employees and customers of the existing commercial uses and shall not be used for outdoor display purposes. An existing chain link fence in front of a covered area adjacent to the Rolf's Wine facility shall be removed so as to provide 3 of the required off - street parking spaces. 5. That a maximum of 8 compact parking spaces shall be permitted. . 6. That all improvements be constructed as required by ordinance and the Public Works Department. . 7. That a standard use permit agreement and accom- panying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve- ments. S. That an easement for ingress /egress be provided if access is to be provided from the adjacent parcel to the east. 9. That all new construction shall maintain a minimum setback of 12 feet from the West Coast Highway right -of -way. 10. Outdoor display areas shall be limited to those shown on the approved site plan and shall be limited to the display of boats and dinghys only. 11. That the illegal sandwich signs shall be removed from the property prior to the issuance of building permits for the proposed building addition. -12- COMMISSIONERS 40 Mr, A 4 o \ in � t^9 to 9y CITY OF NEWPORT BEACH MINUTES April 9, 1987 R L CALL INDEX 12. That the approved parking plan shall be fully implemented prior to the final inspection of the proposed building addition. 13. 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. 14. 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. 15. That the proposed parking plan, display area, and pedestrian /vehicular circulation plan shall be subject to further review and approval by the City Traffic Engineer. Said plan shall include as a minimum the following design changes as recommended by the City Traffic Engineer: a. The driveway /parking aisle in the most easterly parking area shall be a minimum of 24 feet wide. b. The center driveway /parking aisle shall be marked in a manner acceptable to the City Traffic Engineer, designating it as a one -way drive. C. That the drive aprons be reconstructed to align with the new driveway locations and that the westerly drive be shifted westerly to straighten the alignment along the West Coast Highway frontage. All work shall be completed under an encroachment permit issued by the Public Works Department and the California Department of Transportation. The drive aprons shall be constructed per City Std -166 -L unless otherwise approved by the Public Works Department. d. That handicapped parking spaces shall be provided in conformance with Title 24 of the Uniform Building Code. -13- COMMISSIONERS BG 9N l9p( q �y vy CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX 16. That no advertising sign or merchandise display shall be allowed in the public right -of -way. 17. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code, unless an exception permit is approved by the City. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. * * x Use Permit No. 3244 (Amended) (Public Hearing) Item No.6 Request to amend a previously approved use permit which UP3244A allowed the establishment of an automobile sales, service and leasing facility with an associated wash Approved rack located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment is a request to permit the installa- • tion of a trailer to be used for sales offices on a temporary basis. The proposal also includes a request to modify the approved parking plan. LOCATION: A portion of Lot A, Tract No. 919, located at 2300 West Coast Highway approximately 600 feet easterly of Tustin Avenue, in Mariner's Mile. ZONE- SP -5 APPLICANT: Laguna Beach Motors, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King and Associates, 3187 Airway, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. King stated that the applicant concurs with the findings and conditions in Exhibit "A ". In reference to the original approval of Use Permit No. 3244, December 4, 1986, Mr. King presented the following status on the conditions that have not been • fully satisfied: -14- COMMISSIONERS F� 9y CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX Condition No. 10 regarding the automobile wash facility: a grease trap catch basin has been installed, a contractor has been secured to finish completion of all of the cement work including the two driveways and the curb around the wash areas so that the rain water will not enter the drain system. Condition No. 12 regarding the illumination: the existing illumination on -site has been corrected so that it shines directly onto the site instead of directed into an upward position. The additional illumination will be of the type specified by the condition; however, that illumination has not been installed because the final set of plans have not been approved. Condition No. 14 regarding the parking lot striping: the parking lot striping will be completed by the same contractor. that is doing the improvement for the driveway, and after the curb cuts have been completed. Conditions No. 16 and 22 regarding surety and dedication: the surety has been signed and a check is forthcoming to the Public Works Department. The 12 foot leasehold dedication has been signed and is ready for delivery to the City. Conditions No. 17, 18, and 19 regarding landscaping: the landscaping plan has been completed and is before the Parks, Beaches, and Recreation Department for final approval. Condition No. 20 regarding drive aprons: the plan has been up -dated to accurately reflect City Standard 166 -L requirements for the driveways that will be constructed. Mr. King provided the following information regarding additional conditions: the replacement of the sidewalk will be included in the work plan; and the automobile display that was in front of the subject property was in place without the knowledge of the applicant and has been removed from the premises. Mr. King stated that there are more than adequate parking spaces on -site; however, the applicant has been • requested by the City Traffic Engineer to redesign the -15- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX drive so as to encircle the premises. Mr. Hewicker referred to previously approved Condition No. 15 which states "that the on -site parking and vehicular circulation system be subject to further review by the City Traffic Engineer ". Mr. Hewicker stated that staff has a concern that the applicant bring all of the previously approved conditions into conformance that were imposed by the Planning Commission. He commented that staff is aware of the conflicts that have arisen between the City's departments as to the type of landscaping that can be planted near the driveways; however, he said that he was not aware of any other conditions wherein the City has been holding up the applicant. Chairman Person emphasized that the City will not allow any new construction until the previously approved conditions have been fulfilled; however, the City can call up the previously approved Use Permit if the conditions have not been fully satisfied. • Mr. King commented that incorrect dimensions were submitted to the architect who prepared the original plan which delayed the original project, and later there were differences of opinion in respect to the landscaping. In response to questions posed by members of the Planning Commission, Mr. King replied that the previous conditions of approval should be complied with within thirty to forty -five days, and that sixty days would be adequate time. Zn response to a question posed by Commissioner Winburn regarding the 42 foot wide driveway, Mr. King replied that the driveway will be 42 feet wide after the driveway has been redesigned and the parking lot has been restriped. Commissioner Merrill and Mr. King discussed the boats and automobiles parked adjacent to the subject building that are currently located in the area that will be redesigned for improved circulation. In response to questions posed by Commissioner Koppelman regarding off -site parking, Mr. King replied that the applicant has other automobile lots; however, the applicant could pave additional property that is on -16- COMMISSIONERS 001i; � CITY OF NEWPORT BEACH MINUTES April 9, 1987 L CALL INDEX the site. Mr. King explained that the employees park in the rear of the property, and that vehicles for sale or lease are parked on the front of the site and in the middle of the site, behind the building. Discussion ensued between Commissioner Pomeroy and Mr. King regarding the architects whose plans were submitted to the Planning Commission by Mr. King. Mr.. Hewicker explained that construction drawings have to be signed and executed by licensed professionals; however, plans that are submitted to the Planning Commission can be prepared by anyone. Commissioner Merrill referred to the proposed chain link fence along the easterly property line indicated on the site plan, and he inquired if the fence could be changed to wrought iron or steel rod? Discussion ensued between Commissioner Merrill and Mr. King regarding said chain link fence. Mr. King stated that initially there were plans for a chain link fence to continue where the existing fence ends; however, the applicant discovered after the property was purchased that the building next door encroaches on the subject property. Mr. King advised that the fence will be removed from the plan because the fence cannot be constructed on the site. Commissioner Merrill and Mr. King discussed the existing chain link fence that seperates the restaurant to the west from the existing auto lot and Mr. King stated that said fence was erected when the applicant took possession of the property. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3244 (Amended) subject to the findings and conditions in Exhibit "A ", and to include an added condition that would state that within 60 days, the Modifications Committee would review Use Permit No. 3244 to ascertain that the applicant has complied with the original conditions imposed. Mr. Hewicker commented that the applicant may be required to go to the Coastal Commission for a Coastal Permit. Mr. Hewicker suggested that added Condition No. 8 state that staff review the application at the end of 60 days, and if the applicant has not complied -17- COMMISSIONERS dh \08 a��� O CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX with the original conditions of approval at that time, then the staff will bring Use Permit No. 3244 back to the Planning Commission. . Commissioner Kurlander suggested that the plot plan be corrected to indicate what is on -site instead of the chain link fence. Mr. Hewicker stated that a notation could be made that the plot plan be corrected to reflect the existing fence. After further discussion, Commissioner Merrill concluded that staff can monitor the chain link fence. All Ayes Motion voted on to approve Use Permit No. 3244 (Amended) subject to the findings and conditions in Exhibit "A ", including aforementioned Condition No. 8. MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan and Local Coastal Program, and is compatible with existing and proposed land uses in the surrounding area. 2. That the project will not have any significant environmental impact. 3. That the Police Department has indicated that they do not contemplate any problems with the proposed development. 4. That approval of Use Permit No. 3244 (Amended) 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 development shall be in substantial confor- mance with the approved plot plan and manufactur- er's plans and specifications, except as noted below. -18- COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX 2. That all previous applicable conditions of ap- proval of Use Permit No. 3244 shall be fulfilled prior to the issuance of building permits for the proposed trailer. 3. That this use permit shall be granted for a period of 1 year, and any extension shall be approved by the Modifications Committee. 4. At such time as the applicant's use of the tempo- rary building ceases or the use permit expires, whichever happens first, the building shall be removed from the site, and the property shall be restored to its present conditions. 5. That the existing deteriorated sidewalk along the West Coast Highway frontage be reconstructed under an encroachment permit issued by the Public Works Department and California Department of Transpor- tation. 6. 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. 7. That the Planning Commission may add to or modify conditions of approval of 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. B. That staff review Use Permit No. 3244 at the end of sixty days, and if the applicant has not complied with the Conditions of Approval in said Use Permit, then staff shall bring said Use Permit back to the Planning Commission. * x x -19- COMMISSIONERS mG 9N 999 ,o t^9 9Z CITY OF NEWPORT BEACH MINUTES April 9, 1987 R�L CALL INDEX Use Permit No. 3257 (Public Hearing) Item No.7 Request to approve the establishment of a facility.that UP3257 specializes in the sales, service and installation of automobile cellular phones on property located in the Continued M -1 -A District. The application also requests to to approve three independent automobile repair businesses April 23, within the same building complex. 1987 LOCATION: Lots 47 and 48, Tract No. 3201, located at 3975 and 4001 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANTS: Pack -Cell, Howard Berkowitz, Cosmo's Sports Cars and David Eisenberg, Newport • Beach OWNERS: Aldo and Madeleine Chiappero, Costa Mesa Motion All Ayes x Motion was made to continue Use Permit No. 3257, an application regarding a facility specializing in cellular phones and automobile repair businesses, located at 3975 and 4001 Birch Street, to the April 23, 1987, Planning Commission meeting as recommended by staff. Motion voted on, MOTION CARRIED. a x x Use Permit No. 3261 (Public Hearing) Item No.8 Request to permit the establishment of a dry cleaning UP3261 facility in an existing building located in Fashion Island in the C -O -H District. Approved LOCATION: A portion of Lot K, Tract No. 6015, located at 521 Newport Center Drive on the southwesterly side of Newport Center Drive, between Santa Cruz Drive and Santa Rosa Drive, in Fashion Island. APPLICANTS: Nisan & Paransem Hacatoryan and Yetuart & Silva Hacatoryan, Newport Beach OWNER: The Irvine Company, Newport Beach -20- COMMISSIONERS A 9N 9��C A CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Nissan Hacatoryan, applicant, appeared before the Planning Commission. Mr. Hacatoryan stated that he concurs with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Kurlander, Mr. William Kim, appeared before the Planning Commission to describe how the chemicals that will be used in the dry cleaning process will be self - absorbant within the dry cleaning machine. Commissioner Winburn referred to Condition No. 7 which states that the dry cleaning equipment shall conform to requirements of the South Coast Air Quality Management District. There being no others desiring to appear and be heard, the public hearing was closed at this time. on x Motion was made to approve Use Permit No. 3261, subject Ayes to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That approval of Use Permit No. 3261 will not, under the circumstances of this case be detri- mental 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 or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. -21- COMMISSIONERS P� 9y CITY OF NEWPORT BEACH MINUTES April 9, 1987 R L CALL INDEX 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia. 5. That any roof top or other mechanical equipment shall be screened from view. 6. That any outdoor trash containers shall be screened from adjoining properties. 7. That the proposed dry cleaning equipment shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 8. That all signs shall meet the requirements of Section 20.06 of the Municipal Code. 9. That 2 parking spaces (in addition to the 6 parking spaces already provided for the existing commercial space) shall be required in the Fashion Island parking lot for the proposed use. 10. That the Planning Commission may add to or modify conditions of approval to the 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. 11. 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. _22_ COMMISSIONERS F� vy CITY OF NEWPORT BEACH MINUTES April 9, 1987 RTLL CALL INDEX Use Permit No. 3262 (Public Hearing) Item No.9 Up3262 Request to permit the construction of a second dwelling (Granny Unit) on property located in the R -1 -B -2 District in accordance with the provisions of Section Approved 65852.1 of the California Government Code that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or older. The proposal also includes modifications to the Zoning Code so as to allow the third required garage space and second floor deck to encroach one foot (and a stairway to encroach 4 feet) into the required 10 foot rear yard setback. A portion of said garage space and second floor deck also encroach one foot into the required 10 foot side yard setback adjacent to Bonaire Way. LOCATION: Lot 22, Tract No. 3282, located at 2424 Francisco Drive, on the north- westerly corner of Francisco Drive and Bonaire Way, in the West Bay Area. ZONE: R -1 -B -2 APPLICANT: James M. Sinasek, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. James Sinasek, applicant, appeared before the Planning Commission. Mr. Sinasek stated that he concurs with the findings and conditions in Exhibit "A". In response to a question posed by Commissioner Koppelman, Mr. Sinasek replied that the proposed dwelling unit is intended for his parents. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3262 subject All Ayes to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the • requirements of the Housing Element of the General Plan and is compatible with surrounding land uses. -23- COMMISSIONERS 0 99�QYy� CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX 2. That the project will not have any significant environmental impact. 3. That the proposed encroachments into the required side and rear yard setbacks are minor in nature, and will not interfere with the flow of light and air to any adjoining residence. Further, the approval of a modification to the Zoning Code to permit the proposed encroachments will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City and further that the proposed modifi- cation is consistent with the legislative intent of Title 20 of this Code. 4. That the approval of Use Permit No. 3262 will not, under the circumstances of this case, be detri- • mental 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 development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations. 2. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons over the age of 60 years. 3. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and succes- sors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with ordinances regarding Granny Units that may be . adopted in the future. -24- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 9, 1987 'R &L CALL INDEX 4. That the existing driveway be replaced or recon- structed so that its southerly edge aligns with the southerly edge of the door opening for the new garage. All work shall be conducted under an encroachment permit to be issued by the Public Works Department. 5. 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. t x a Use Permit No. 3263 (Public Hearing) Item No.10 Request to permit the establishment of a take -out UP3263 restaurant with incidental seating to be operated in conjunction with an existing retail and nonconforming Approved wholesale coffee business located in the "Retail and Service Commercial" area of the Cannery Village/McFad- • den Square Specific Plan Area. The proposal also includes a request to waive a portion of the required parking, and a modification to the Zoning Code so as to permit tandem and compact parking spaces. LOCATION: Lots 18 and 19, Block 430, Lancaster's Addition, Newport Beach, located at 506 31st Street, on the southerly side of 31st Street, between Villa Way and Lafayette Avenue, in Cannery Village. ZONE: SP -6 APPLICANT: Alta Coffee Company, Newport Beach OWNER: Cannery Village Investment Partnership, Newport Beach The public hearing was opened in connection with this item, and Mr. A. P. Wilson, applicant, appeared before the Planning Commission. Mr. Wilson stated that he concurs with the findings and conditions in Exhibit "A" Mrs. Angela Ficker White, 1132 West Bay Avenue, appeared before the Planning Commission to state her • support of the subject application, and to comment that the take -out restaurant will be an asset to Cannery Village. -25- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. ,Motion x Motion was made to approve Use Permit No. 3263 subject All Ayes to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Elements of the General Plan and the Local Coastal Program, and is compatible with surround- ing land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities and a portion of the required parking will not be detrimental to • adjoining properties. 4. That the approval of a modification to the Zoning Code so as to permit tandem parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed. use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That the approval of a modification to the Zoning Code so as to permit the use of compact parking spaces will under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and will be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is not consistent with the legislative intent of Title 20 • of this Code. -26- COMMISSIONERS 4.0 oA . CITY OF NEWPORT BEACH MINUTES April 9, 1987 R L CALL INDEX 6. That the approval of Use Permit No. 3263 will not, under the circumstances of the case, be detri- mental 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. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans, except as noted below. 2. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping and utilities, and a portion of the required parking (25 spaces) shall be waived. 3. That the restaurant facility shall be open only • between the hours of 7:00 a.m. and 6:00 p.m. daily. 4. That one bathroom accessible to the handicapped shall be provided for each sex, unless otherwise required by the Building Department. 5. That no cooking or preparation of food other than beverages, soups, salads, baked goods, and similar items shall be permitted in the take -out restau- rant facility, nor shall any grill be installed unless an amendment to this use permit is approved by the Planning Commission at a later date. Said amendment could require the addition of kitchen exhaust fans and grease interceptors. 6. That no off -sale or on -sale alcoholic beverages shall be permitted in conjunction with the subject restaurant, unless the Planning Commission ap- proves an amendment to this use permit. 7. That an odor control device for the coffee roast- ing operation shall be installed if odors become a significant problem. 8. That all employees shall park on -site, and that 6 • standard sized parking spaces, including 3 tandem parking spaces shall be striped in the parking area adjacent to 31st Street. -27- COMMISSIONERS t� 9 CITY OF NEWPORT BEACH MINUTES April 9, 1987 ROLL CALL INDEX 9. That all signs shall conform to the provisions of Chapters 20.63.045 of the Municipal Code. 10. That a trash compactor shall be installed in conjunction with the take -out restaurant facility. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 12. That all mechanical equipment and trash areas shall be screened from the adjacent street, alley and adjoining properties, and that said trash shall be stored at the rear of the site. 13. That no live entertainment or dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use Permit. 14. That no more than 21. seats, including stools and arm chairs shall be provided in the facility. 15. That the landscape planters shall be maintained at the front of the building adjacent to the side- walk. 16. That the parking requirements for the site shall be reviewed by the Planning Department at such time as the property is redeveloped. 17. 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. 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. * t a —28— COMMISSIONERS MINUTES o o F April 9, 1987 Zd c^��t�9G�C4pA 4ye�9o� y�CC O f CITY OF NEWPORT BEACH L CALL INDEX A D D I T ZONAL BUS INESS: Additional Business The Planning Commission voted unanimously to hold a study session on April 23, 1987, at 3:30 p.m. so as to All Ayes hear a presentation regarding transportation manage- ment. Session The Commission also discussed the problem of applicants not complying with conditions of approval on Planning Commission agenda items. The subject will also be discussed at the study session on April 23, 1987. • � r Motion x Motion was made to excuse Commissioner Koppelman from Koppelman All Ayes the April 23, 1987, Planning Commission meeting. Excused - Motion voted on, MOTION CARRIED. • A D J O U R N M E N T: 8:55 P.M. Adjournment * a re HARRY MERRILL, SECRETARY - CITY OF NEWPORT BEACH PLANNING COMMISSION • -29-