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HomeMy WebLinkAbout04/09/1998CITY OF NEWPORT BEACH • Planning Commission Minutes April 9, 1998 'Regular Meeting - 7:00 p.m. • • ROLL GALL Present: Commissioners Fuller, Ridgeway, Selich, Kranzley, Gifford, Adams and Ashley - Commissioner Ridgeway was excused STAFF PRESENT: Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonton, Transportation and Development Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of March 19. 1998: Motion was made by Commissioner Gifford and voted on to approve, as amended, the March 19, 1998 Planning Commission Minutes. Ayes: Fuller, Sellch, Kranzley, Gifford, Adams and Ashley Noes: None Absent: Ridgeway, Abstain: None Public Comments none Posting of the Agenda: The Planning Commission Agenda was posted on Friday, April 3,1998 outside of City Hall, INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes April 9, 1998 1J is SUBJECT: Tommy Bahamas Restaurant (Martin Potts, contact person) 870 Avocado Avenue (Continued from March 5, 1998) • Use Permit No. 3623 The project involves the approval of a use permit to allow the construction of a 5,767 square foot, single -story full- service restaurant with bar, patio dining and related off - street parking in the reciprocal parking lot of Corona del Mar Plaza. The use permit application includes a request to allow live entertainment and the sale of alcoholic beverages. A request to waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code is also included in the use permit application. Also included in this application is the approval of accessory outdoor dining in conjunction with the restaurant facility. Commissioner Selich noted, for the record, that he was present at the demonstration conducted March 23rd to evaluate the impact of the live entertainment noise levels on the surrounding residential and commercial areas. Public Comment was opened. Mr. W. C. Wells, 1808 North East Clickatate, Portland, Oregon, applicant, in response to Commission inquiry, stated that he understands and agrees to the findings and conditions of Use Permit No. 3623. Deborah Allen, 1021 White Sails Way, president of the Harbor View Hills Community Association spoke in support of this project. She thanked Commission, The Irvine Company and staff for the protocol of the sound test that was held on site and for the cooperation of all parties involved. Barry Allen, 1021 White Sails Way, thanked staff for their efforts noting that the test really worked. Public comment was closed. Motion was made by Commissioner Selich to Approved Use Permit No. 3623 subject to the findings and conditions in Exhibit "A ". He complimented the staff of Tommy Bahamas for their work in putting forth this test and demonstration. Without objection and with one absence, by acclamation Motion Passed. Item No. 1 UP 3623 Approved INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 Findinas: That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial' use. A restaurant is a perrnitted use within this designation. 2. That this project has been reviewed, and it has been determined that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (EIR No. 154, certified by the City of Newport Beach on November 25, 1995), to address the requirements of the California Environmental Quality Act. 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development beyond those already addressed through Site Plan Review No. 74. 4. That the purpose or intent of the restaurant development standards related to site requirements, walls and landscaping will is not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • Site requirements related to walls and landscaping are addressed by the previously approved Site Plan Review No. 74 and the requirements specified by the Newport Village Planned Community District Regulations. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from the reciprocal parking areas. • The landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscaping at the front and rear of the property behind the building will enhance the streetscape views. • The provision of the required landscaping along the property lines would adversely affect the access to the on- site pool of parking and the project access shared with the library. 5. The approval of Use Permit No. 3623 and related accessory outdoor dining will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood • or be detrimental or injurious to property or improvements in the 3 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval and limited hours of operation have been included which should prevent problems associated with noise generated by the facility. • The parking demand of the facility can be adequately accommodated by the reciprocal pool parking available on -site. • The potential for problems associated with hours of operation and noise generated by the proposed restaurant operation is minimized because of the project's location in a shopping center, with East Coast Highway separating it from nearby residential uses. • The sound potential associated with the live entertainment was tested in the field with the result that it would not be heard in nearby residential areas. • The control of noise can be achieved by the limitation on . the location of the specific noise generating activities (live entertainment), the limitations on the speaker system in the outdoor dining areas and compliance with the provisions of the Municipal Code, Community Noise Ordinance. The proposal will add a new liquor license to an overconcentrated area. However, the alcoholic beverage service is incidental to the primary use of the facility as a restaurant. • The establishmentwill provide regular food service from the full menu at all times the facility is open, and the limited hours of operation should minimize the potential number of Police and Department of Alcoholic Beverage Control problems in the area. • The proposed outdoor dining area is compatible with the surrounding land uses and its limited hours and recommended conditions of approval on the live entertainment and outdoor paging /speaker system should prevent noise from adversely impacting the nearby residential uses. • The proposed accessory outdoor dining will not be located so as to result in a reduction of existing parking spaces. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as rioted • 4 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 below. 2. That all applicable previous conditions of approval of Site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 3. That the hours of operation of the restaurant shall be limited to between 11:00 a.m. to 12:00 midnight, daily, and the outdoor dining area shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Use Permit. 4. That regular food service from the full lunch /dinner menu shall be made available at all times the facility is open. 5. That the live entertainment shall be limited to 2 performers, and may be amplified but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. • 6. That windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and that windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. That speakers located in the outdoor dining areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the patio speakers or indoor live entertainment be heard at the nearside comer of the intersection of Sea Lane and Harbor View Drive, the patio speaker volume shall be reduced, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise effect and shall be limited to pre- recorded music only. 8. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by • the live entertainment and to develop a set of corrective 5 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 measures necessary in order to insure compliance. That no dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first approved. 10. That roof coverings over the outdoor dining area shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission. 11. That a landscape and irrigation plan for the site shall be approved by the Public Works and Planning Departments. Landscaping shall be provided along the street frontages of East Coast Highway, Avocado Avenue, and MacArthur Boulevard to provide adequate screening from the neighboring residential uses. The landscaping shall be installed in accordance with the prepared plans. 12. That deliveries, refuse /grease collection or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily, unless otherwise approved by an amendment to this use permit. SUBJECT: Dollar Rent A Car Systems (Michael Joyce - applicant) 3500-3510 Irvine Avenue • Use Permit No. 3624 To approve a use permit for Dollar Rent A Car to use an existing retail car rental facility formerly occupied by Alamo Rent A Car. Commissioner Selich noted that he has had discussions with staff and the applicant regarding this application. As a result of these discussions, has come to the conclusion that this application is not necessary for the following: • 1978 - Alamo Rent a Car obtained a Use Permit on the property and operated a rental facility until 1994. • 1994 - to present, Hertz Rent a Car has been there at that location operating under the Alamo Rent a Car Use Permit • now Dollar Rent a Car wants to come in and continue the existing use permit • nature of the Dollar Rent a Car is slightly different than Hertz operation, but substantially the some • the operation has been in continual use either by Alamo, Hertz and now, Dollar INDEX Item No. 2 Use Permit No. 3624 Removed from calendar City of Newport Beach • Planning Commission Minutes April 9, 1998 Ms. Clauson stated that based upon the facts as outlined by Commissioner Selich, use permits run with the land as long as the operator continues to operate under the terms and conditions of the existing use permit, that permit says in effect. CommissionerSelich noted that the nature of the use was changed slightly by the fact that there were no over the counter sales but the overall operation is still in compliancewith the original use permit. Commissioner Gifford asked if there were any contradictory facts to CommissionerSelich's findings. Ms. Temple noted that the issue for staff and the reason for the original determination that the use permit had lapsed was that the existing use permit on the property describes a retail, leasing operation with support storage and automobile washing. It was staff's determination at that time that since the Hertz operation was primarily a storage operation that the primary use for which the use permit had been authorized had not been exercised for a period of time. In talking to Commissioner Selich and the City Attorney's office, staff feels that the facts that some portion or form of • the original approval was still exercised it is possible to find that they were still exercising that use permit. The situation is sufficient to warrant such a finding, that the existing use permit remain in force and affect. Motion was made by Chairperson Kranzley to remove this item from calendar as staff has received different information and recommends that this item be withdrawn. Commissioner Selich asked that the motion be amended to recommend that the fees be refunded to the applicant. By show of hands and with one absence and one abstaining (Adams) MOTION PASSED Public Comment was re- opened. Michael McCracken, attomey for the applicant stated that he accepts and appreciates the action of the Commission. He asked for a clarification from the City Attorney of the use permit running with the land. He asked about a determination that the present permit is valid and runs with the land such that Dollar can be the legal successor. The Assistant City Attorney responded to Mr. McCracken requesting he contact her at a later time on this matter • INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 SUBJECT: Lanting Residence- Children's Playhouse (William and Robin Lanting, owners) 32 Cape Andover • Modification Permit No. 4659 Review of the decision of the Modifications Committee which approved the retention of a 9 foot high, as -built children's playhouse encroaching 5 feet into the required 10 foot rear yard setback, where the Code limits structures in the setback to a maximum height of 8 feet. Commissioner Adams asked staff why Commission was voting on this item and was answered that it was called up by Chairperson Kranzley for review of the screening plans. Staff also noted that there are plans to have electrical and water service in the playhouse. Public Comment was opened. Mr. Bill Lanting, 32 Cape Andover, applicant and owner in response to Commission inquiry, stated that he understands and agrees to the findings and conditions of the Modification Permit No. 4659 and to the additional findings. Staff clarified that playhouses normally do not require building permits. • The applicant must acquire a building permit to keep the following features on this playhouse or have them removed: • bridge between the structures • exterior ladder leading to the roof deck on the play - garage • interior stair to the bridge and roof deck • utilities, plumbing or electrical Landscaping will accomplished on the side and rear yards. Julie Brennan, thanked the Commission for their review of this item. She noted discrepancies of distances between the wall and the houses and her concerns of privacy and safety. The privacy and safety issues have been discussed with the applicant and are in agreement that sufficient tree screening will be provided. Chairperson Kranzley noted that condition number three covers the concern of a landscape screening and planting. Robin Lanting, 32 Cape Andover - stated that there is a guard rail on the entire portion of the upper deck and that there is no safety hazard. Public Comment was closed. Motion was made by Commissioner Adams to approve Modification Permit No. 4659 subject to the findings and conditions in Exhibit A. By show of hands, with one absence and no objections, MOTION • R INDEX Item No. 3 Modification Permit No. 4659 Approved City of Newport Beach • Planning Commission Minutes April 9, 1998 PASSED. Findings: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Single Family Detached" residential use and the existing residential structure is consistent with this designation and the playhouse structures are accessory to the primary use. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 11 (Accessory Structures). 3. That the modification to the Zoning Code, as proposed with the recommended landscape screening, will not be detrimental to persons, property or improvements in the neighborhood for the following reasons: • The playhouse maintains the side yard setback and encroaches into the rear yard setback where the property • slopes up to a higher grade which makes the top of the playhouse and play - garage barely visible from the property to the rear. • The proposed encroachment will not obstruct views from adjoining residential properties because there are no scenic views from this location. • The landscape screening along the rear and side property lines has been provided in the proposed landscape plan to provide a privacy screen for the neighbors. 4. That the modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: The proposed encroachment is a logical use of the property that would be precluded by strict application of the zoning requirements for this District. The playhouse is located 5 feet from the rear setback and there is an additional 10 foot setback on the rear lot, which provides sufficient light and air. Conditions: That development shall be in substantial conformance with the approved plot plan, floor plans, elevations and landscape plans, is INDEX • City of Newport Beach Planning Commission Minutes April 9, 1998 except as noted in the following conditions. 2. That the guard rail on the roof -top deck be a minimum of 36 inches. 3. That a landscape screen or planting shall be provided between the playhouse structures and the side and rear property lines to adequately screen the playhouse from view of the adjoining properties. The landscape screening shall be installed within 60 days of the date of this approval or in the event that a swimming pool permit is issued during that time, within 30 days of the final inspection of the swimming pool, unless otherwise approved by the Planning Director. The landscape plan shall be approved by the Planning Director prior to issuance of the building permit or use of the playhouse structures; or final of the swimming pool permit. The landscape planter areas (trees) which provide the required screening, shall be maintained and kept in healthy condition at all times that the playhouse structures are present on the property. 4. That this approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the • Newport Beach Municipal Code. 5. That a landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. That prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval 6. The landscape planter areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition at all times. SUBJECT: West Marine (James Santaniello, applicant) 900 West Coast Highway • Use Permit No. 3628 Request for a waiver and /or modification to the parking requirement for a commercial center based on a demonstrated formula (parking survey). Ms. Temple noted that after the publication of the staff report, the • 10 INDEX Item No. 4 Use Permit No. 3628 Approved City of Newport Beach • Planning Commission Minutes April 9, 1998 applicant's contractor contacted staff regarding some of the issues raised regarding compliance with the approved plans. Noting for the record, the contractor recognizes and understands these deficiencies and intends to address them immediately. The fifth item, installation of the required catch basin is a building plan issue. The Building Director has indicated that either it is to be installed as is on the approved plans, or, to revise the plans. The applicant has elected the second option. Continuing, this is the first project the Commission has considered pursuant to the new provisions of the zoning code adopted last year which allows the Commission to consider a modification of off - street parking requirements on the basis of the particular characteristics of the project. Commissioner Adams asked Mr. Edmonston if he was satisfied with the thoroughness of the parking study. Mr. Edmonston answered, yes. Continuing, he noted that he has spot checked the site and the study accurately represents typical use. There are some limited times when the parking lot is full. He has not observed cars having trouble with ingress and egress onto Coast Highway. Commissioner Fuller asked about condition two, splitting the space. The applicant will need to come back for an amendment to this Use Permit. • He speculated the repercussions if West Marine vacates the use, and a more parking intensive use comes in and uses the whole space. Chairperson Kranzley, passed out a suggested additional condition which was drafted after his discussion with staff that addresses this same concern. The condition reads, "A change in the mode or character of the retail uses on -site which will result in additional parking demand shall require an amendment to this Use Permit :' This condition is to address the similar concern, if a use such as a video store, as there is really nothing in the Code the specifically addresses the more intense uses. Commissioner Adams noted the adjoining businesses are currently closed on Saturdays, and is concerned about changing the character of the West Marine use and with the change of the adjoining small buildings. Ms. Temple stated that the West Marine property involved includes West Marine, Galeo's and Ralph Bolt's. The condition noted above includes all the retail spaces. There is an issue with the property to the west which looks like a continuance of the shopping center and there are a number of vacancies there. To facilitate the construction, staff allowed an informal arrangement of a combination of on -site and off -site parking (on the Marrakesh property). . Mr. Edmonston proposed a change to condition no. 3, bullet 4. ....:The applicant shall apply for all necessary permits from applicable state Agencies (Caltrans) and the City Traffic Engineer for the removal of the • INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 abandoned driveways and reconstruction of improperly constructed driveway along West Coast Highway........ Ms. Temple noted that based on the findings of the parking study, the peak use surveyed was four spaces over the 34 on -site spaces. As an alternative for Commission consideration, the possibility to require an off - site parking arrangement for four spaces to be used by employees of the project in order to offset those peak overages has been suggested. Chairperson Kranzley suggested that condition no. 3, bullet 2 be amended to include, .....and parking lot shall remain clear of obstructions at all times." Public comment was opened. James Santaniello, contractor noted: • ten year lease with an option of ten more • study was based on parking throughout the whole weekend • re- landscaping will be done in the front of the building • driveway and lot will be re- striped . • asked for 60 to 90 days for implementation to coincide with the demolition permit for Marrakesh Commissioner Adams asked the contractor why the list of items has not been done for so long? Mr. Santaniello answered that the original request was for completion by January of 1998. The combination of weather and time line by CafTrans delayed the process. At Commission inquiry, he noted that he does not know how many employees are working on the weekend. He then stated that having an off -site parking would not be an option as they are in the process of demolishing the Marrakesh building. He stated that it was the City's recommendation to remove some of the parking spaces to accommodate additional landscaping and there is an option of tandem parking for employees which does not conflict with the landscaping. Commissioner Adams noted that there is a serious problem with parking on this site and something has to be done about it. Without having an approval for additional space he stated he was not comfortable with approving this item. Mr. Edmonston stated that there is room to accomplish the tandem parking in the parking lot. Discussion ensued on the new retail automobile service structure, tandem parking spaces, and the loss of four parking spaces and • 12 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 landscape in the event Coast Highway is expanded. Public Comment was closed. Commissioner Adams recognized the efforts made to keep West Marine at this location. He expressed his concern about making the finding and hearing that the applicant is not willing to work for an agreement for employee parking spaces. There is a problem now, the parking lot is full. If cars are parked along the sidewalk area, it will look very unattractive. Chairperson Kranzley noting the concern, stated that condition no. 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..........:', plus the additional condition gives a level of confidence that if problems arise, this item can be called back for changes. Commissioner Gifford noted that it is up to the applicant either tonight or sometime in the future to provide off site parking, it does not have to be at the site of the Marrakesh. He will simply have to find it or not be in compliance. It's the applicant's risk, as long as we are not posing problems along the highway nor a dangerous condition in the parking • lot, it is the businesses' choice. As four spaces can be provided through the tandem parking arrangement and the conditions are not unsafe and not causing problems along the highway, made the Motlon, supporting the application, with the various conditions noted and the bullet changes. It is the applicant's burden if the Commission requires off site parking spaces to find them where he can. With one abstaining (Adams), one absent and by show of hands, MOTION PASSED. Findings: That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The retail stores which exist on -site are permitted uses within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the parking demand survey for the shopping center performed by the applicant established that the overall parking demand of the uses on -site can be accommodated by the available on -site parking. The survey was reviewed and accepted by the City Traffic Engineer. Additionally, the characteristics of the • 13 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 shopping center are not anticipated to change in the near future and staff has determined that the assumptions made in that report are valid with regard to the subject proposal based on the existing project anchor tenant and other retail uses on -site. 4. That the approval of Use Permit No. 3628 to modify the parking requirement will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. The modification of the parking requirement is justified because the parking demand is anticipated (as supported by the parking survey) to be less than that required by Section 20.66.030 of the Newport Beach Municipal Code since the project design (largely a single tenant) in association with the characteristics of the business (display and storage of large items) does not generate a need for the full complement of required parking. Conditions: • 1. That development shall be in substantial conformance with the approved site plan except as noted below. 2. That any proposal to split the existing West Marine tenant space (12,005 sq.ft.) into two or more occupancies shall require an amendment to this Use Permit. 3. That the following site changes shall be implemented in accordance with the specified time frames: • The applicant shall immediately remove obstructions to the loading area of the handicap parking space. • The applicant shall immediately remove obstructions (signs, umbrellas; potted plants) in the parking lot aisle and the parking lot shall remain clear of obstructionsat all times. • The parking lot shall be striped in accordance with the approved plan within 7 90 days of the effective date of this Use Permit approval. Revisions to the parking lot striping plan shall be submitted for review of vehicular circulation and pedestrian circulation by the City Traffic Engineer and the Public Works Department. Said striping or revised plan shall address elements related to handicap accessibility requirements, sight distance requirements and landscaping along Coast Highway. Changes shall be implemented within 7- 90 days of the date of approval of the revised plan. The plan shall incorporate the • maximum feasible number of tandem parking spaces as 14 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 approved by the City Traffic Engineer. • The applicant shall apply for all necessary permits from applicable State Agencies (Caltrans) and the City Traffic Engineer for the removal of the abandoned driveways and reconstruction of improperly constructed driveway along West Coast Highway. The permit application submittal and the removal /replacement work shall be completed within 4-4 90 days of the effective date of this Use Permit approval. • The landscape installation shall be completed in accordance with the approved landscape plan within 4-4 90 days of the effective date of this Use Permit approval. The applicant shall schedule an inspection within 5 days of completion by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval. The landscape planter areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition at all times. Any revisions to the landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with a revised site plan for the existing project. Said submittal shall be made within 7 days of the effective date of this Use Permit approval. The • revised landscape and irrigation plan shall be reviewed by the City Traffic Engineer, Public Works Department and the Planning Department. Changes shall be completed within 7 days of the approval of revised plans. • The required catch basin shall be installed in accordance with the approved plans within 14 days of the effective date of this Use Permit approval or, the plans shall be revised. 4. That the project shall comply with State Disabled Access requirements. 5. That all patrons and vendors making deliveries shall be required to park within the on -site parking lot of the subject property and not along the public right -of -wayon West Coast Highway. 6. 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. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. • 15 INDEX • City of Newport Beach Planning Commission Minutes April 9, 1998 8. That a change in the mode or character of the retail uses on -site which will result in additional parking demand shall require an amendment to this Use Permit. SUBJECT: Bay Shores Inn (Bill Pratt, applicant) 1800 and 1806 West Balboa Boulevard • General Plan Amendment No. 98 -1 (A) • Local Coastal Program Amendment No. 50 • AmendmentNo.871 • Use Permit No. 3629 The application consists of amendments to the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan to redesignate the subject properties from Two Family Residential to Retail and Service Commercial; zoning amendment reclassify the subject property from the Two Family Residential (R -2) District to the Retail and Service Commercial (RSC) District and place the property into the 26/35 Height Limitation Zone; and a use permit for the existing 21 -room motel and to convert an existing two family residential structure located at • 1806 West Balboa Boulevard into 5 new motel rooms. This application includes a request to modify the rear setback yard to allow the encroachment of minor structures and a request to modify off- street parking requirements. Senior Planner, Patrick Alford presented the staff report with the following changes and highlights: • on pages 3 and 7, the number of off -site parking spaces provided is 16, not 17 and the number of off - street parking deficit is 10, not 9 • on page 7, the 70 -75% deals with occupancy, not vacancy rate • the establishment of a commercial land use designation of property, and • implementing commercial zoning district and the height limitation district • encroachment into the rear yard setback, the alteration of the duplex respecting commercial setbacks as compared to residential setbacks • waiver of off - street parking • the Marina Mobile Home park use and speculation on future land uses • concerns of compatibility with adjoining land uses - will be stated • 16 INDEX Item No. 5 GPA 98 -1 (A) A No. 871 LCP No. 50 Use Permit No. 3629 Approved City of Newport Beach • Planning Commission Minutes April 9, 1998 both in Land Use Element and the LCP as a hotel use with a limit on the intensity (number of rooms) Ms. Temple stated that bed and breakfast uses have been allowed in certain residential districts in the new Zoning Code in particularly in this type of area within the City. Without the specifics of this project, it might be difficult to make the findings that Commission can feel comfortable with to change from residential to commercial. Once a request has been made for a building permit, the four lots will be required to be addressed by a lot line adjustment. Public Comment was opened. Bill Pratt, 1800 West Balboa Boulevard applicant in response to Commission inquiry stated he has read, understands and agrees to the findings and conditions of this application except for the last one. He stated he had not been told about a lot line adjustment and has separate financing with different lenders. He does not believe he will get approval of the lenders to combine those lots. The buildings are not being attached except for a walkway. To require those four lots to be together, would be a hardship for financing. Commissioner Selich noted his concern about the lot consolidation in small lot areas. If the applicant is willing to consolidate the three lots on the existing motel operation, then a requirement for the fourth lot to be merged will be a function of how the property is handled in relationship to the Building Code. The attachment issue is a Building Code determination. Commissioner Gifford, noting her support of the application, stated that if this operator decides to sell these off as residential lots at some point down the road, the consolidation would work against that. The consolidation makes permanent the idea that this would be commercial. If there is not a compelling reason at the moment to do this, it leaves more options to leave it unconsolidated, unmerged. Commissioner Selich stated that he has always supported, in these small lot areas, that the City is much better off to get as many lot consolidations as possible. If this use was to be removed in the future, and they wanted to establish either single family homes or small lot multiple family homes on the property, then they could come back and resubdivide the property again. Assistant City Manager, Sharon Wood noted that Commissioner Selich's idea of combining all the lots may address concerns expressed by Commission. In the future, if the motel were to go away and the four lots were consolidated, we would be more likely to have a consolidated development on four lots. Leaving one lot on its own in zoned commercial, may lead to some kind of development that is not in the City's best interest. 40 17 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 Mr. Pratt noted that this project would be an improvement for the immediate neighborhood. The use of the municipal lot as possibly taking spots from either the residents or visitors to the coastal zone is not exactly correct. That lot is not used in the late afternoons or evenings and is a beach goers lot. Tom Hyans, 217 19th Street spoke in support of this application but against the change in the General Plan. He noted that this is a very desirable business, the Pratts are good neighbors and they keep up their building. There is a consultant's report that states that the highest and best use of the Marina Park use across the street would be for a resort hotel and thirty duplexes along the boulevard. He concluded asking the Commission to approve the Pratt's application but not change the General Plan. This proposed General Plan Amendment sets up the next step which would be the replacement of the Marina Park and the adjacent property by a resort hotel. Chairperson Kranzley clarified that because of the addition of the duplexes, Commission can not approve the expansion without approving the General Plan Amendment. Ms. Temple noted that the Planning Commission can not issue a variance for use. A variance can only be issued for development standards so the use has to be a permitted use within the district and motels are not a permitted use within the R -2 district. Public Comment was opened closed. Commissioner Selich noted that the applicant is willing to consolidate the existing motel parcels and would like this conditioned. As far as what happens to the fourth parcel that is up to dealing with the Uniform Building Code aspect. Motion was made by Commissioner Selich to adopt Resolution No. 1464 recommending approval of an amendment to the Land Use Element of the Newport Beach General Plan and the Local Coastal Program Land Use Plan [GPA 98- 1(A)) /LCP No. 50 and Resolution No. 1465 recommending approval of Amendment No. 871 to the City Council. Staff clarified that the General Plan Element and Local Coastal Plan Amendments are structured so that any use other than the 26 room hotel /motel would have to come back to the City for further consideration. With one absence (Ridgeway) and by show of hands, MOTION PASSED Findings: 1. That Planning Commission has recommended to the City Council • of the City of Newport Beach the approval of General Plan 18 INDEX City of Newport Beach • Planning Commission Minutes April 9, 1998 Amendment 98 -1 (A) and Local Coastal Program Land Use Plan Amendment Number 50 which would change the land use designation of the subject property from Two Family Residential to Retail and Service Commercial and the approval of Amendment 871 which would reclassify the subject property from the Two Family Residential (R -2) District to Retail and Service Commercial (RSC) District. 2. That the proposed RSC District permits motels with the approval of a use permit. 3. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 4. That the approval of Use Permit No. 3629 to allow the maintenance and expansion of the existing motel will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City because the existing motel has operated for a number of years without any significant adverse impacts to the surrounding area and the proposed expansion will not significantly alter the operation of the motel. 5. That the proposed modification of the rear setback yard to allow the encroachment of an electrical panel, a trash enclosure, and a stairway will not impact vehicular circulation in the alley and will therefore not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood nor be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and that the modification is consistent with the legislative intent of the Zoning Code. 6. That the proposed alteration of the structural elements of the existing duplex to allow the expansion of the motel does not represent a significant intensification in land use and that the existing three foot side yard setback is sufficient to protect the adjacent land uses and improvements. That the modification of the number of required off - street parking spaces is approved based on the following findings: • a. That a municipal parking facility is located directly across 18th 19 INDEX • City of Newport Beach Planning Commission Minutes April 9, 1998 Street from the subject property and is therefore so located as to be useful in connection with the motel. b. That the motels parking demand will be less than the one off - street parking space per guest room the requirement of Section 20.66.030. C. That the design of the building is for a motel; therefore, the probable long -term occupancy of the building will not generate additional parking demand. Conditions: The project shall be maintained in substantial conformance with the approved site plan, floor plan and elevations. 2. A waiver of 9 of the off - street parking spaces required by Chapter 20.66 of the Zoning Code shall be permitted. 3. The approval of this use permit is for a motel only. The introduction of any ancillary facilities, including, but not limited to • food and beverage service, conference and meeting facilities, and banquet facilities shall be subject to the approval of an amendment to this use permit. 4. No alcoholic beverages shall be sold, served, or given away for consumption on or off the premises. This condition shall include alcoholic beverage service from a controlled access alcoholic beverage cabinet. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 6. Coastal Commission approval shall be obtained prior to the issuance of building permits. 7. This use permit shall not become effective unless General Plan Amendment 98-1 (A), Local Coastal Program Land Use Plan Amendment Number 50, and Amendment Number 871 have been approved and adopted by the City Council of the City of Newport Beach. 8. Lots one through three of Newport Beach Section B, Block 118 shall be merged through a lot line adjustment. • ..: 20 INDEX • City of Newport Beach Planning Commission Minutes April 9, 1998 ADDITIONAL BUSINESS: Business a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning- none. b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Modifications were approved for 2234 Channel Road, 1701 Starlight Circle, and 20 Honors Drive. A Condominium Conversion was approved for 414 and 414 '/z Acacia Avenue. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich noted that the EDC and EQAC Committees have each formed a sub- committee to study the bayfront restaurant regulations as recommended by Council. The two sub - committees will be working together on this issue. d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - at Commission request, Ms. Temple • gave an update on the Batniji residence, will present a report on types of retail which may require a higher than the City's standard parking requirement, and will provide a report of code enforcement actions on the container situation in back of Savannah's; and a report from the Police Department on interpretation of outdoor dining areas, if enclosed, how it adheres to the smoking ordinance. e.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f.) Requests for excused absences- none. ADJOURNMENT 8:35 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 40 21 INDEX