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HomeMy WebLinkAbout04/13/1989COMMISSIONERS A A aLF O�O� F � yo�y <<s REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX All Present * * * * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney William R. Laycock, Current Planning Manager Robert Lenard, Advance Planning Manager Craig Bluell, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of March 23, 1989: Minutes of n * Motion was made and voted on to approve the March 23, 3 -23 -89 A s * * * * * 1989, Planning Commission Minutes. MOTION CARRIED. Abstain Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of .the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, April 7, 1989, in front of City Hall. Request for Continuances: Request for James Hewicker, Planning Director, requested that Item No. Continuance 3, Use Permit No. 1922 (Amended), Peninsula Shipyard, applicant, located at 223 - 21st Street, be continued to the May 4, 1989, Planning Commission meeting; that Item No. 6, James Patty, applicant, regarding an existing restaurant located at 5930 West Coast Highway, be continued to the -1- COMMISSIONERS IyC m A A � '1 POi P Oi . n 9 y O tw m � dh ' 4J, G April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX April 20, 1989, Planning Commission meeting as requested by the applicant; and that Item No. 8, General Plan Amendment 89 -1(G) and Amendment No. 676, regarding a precise alignment of Mesa Drive to Birch Street in Santa Ana Heights, be continued to the April 20, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 3 to the All Ayes May 4, 1989, Planning Commission meeting, and to continue Items No. 6 and No. 8 to the April 20, 1989, Planning Commission meeting. MOTION CARRIED. Variance No. 1140 (Amended)(Public Hearing) Item No.l Request to amend a previously approved variance which V1140A permitted the construction of a proposed expansion to an existing Y.M.C.A, facility which exceeded the 24 foot basic Approved • height limit in the 24/28 Foot Height Limitation District. The proposed amendment involves a request to approve a further increase in the height by 4 feet on portions of the previously approved building. LOCATION: Parcel No. 1 of Parcel Map No. 3 -35 (Resubdivision No. 215), located at 2300 University Drive, on the northerly side of University Drive, easterly of Tustin Avenue in the West Bay Area. ZONE: R -1 APPLICANT: Banzuelo/Rierson/Duff and Associates, Anaheim OWNER: Newport Costa Mesa Y.M.C.A., Newport Beach The public hearing was opened in connection with this item, and Mr. Tony Banzuelo, applicant and architect, appeared before the Planning Commission. Mr. Banzuelo stated that he concurred with the findings and conditions in Exhibit 'An Discussion ensued between Mr. Banzuelo and Commissioner Winburn regarding the Y.M.C.A.Is requests to exceed the basic height limit in 1983 and 1987. -2- COMMISSIONERS .�mG� �NO�ols'94 Off'$. April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROLE-CALL INDEX Mr. Eric Gless, project manager, appeared before the Planning Commission in response to Commissioner Winburn's inquiries. Mr. Gless explained that the purpose to exceed the building's height.from 28 feet to 32 feet is to provide a parapet to screen mechanical equipment. In response to questions posed by Commissioner Pers6n, Mr. Gless and Mr. Banzuelo described the design of the air conditioning system as it is proposed to be installed on the roof of the building. In response to questions posed by Commissioner Edwards regarding the noise that the air conditioning equipment will generate, Mr. Banzuelo replied that the only noise would be emitting from the air conditioning fans. There being no others desiring to appear and be heard, the public hearing was closed at this time. �n * Motion was made to approve Variance No. 1140 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Di Sano supported the motion on the basis that the applicants have complied with the required findings to approve a Variance, and their response to "why will the proposal not be detrimental to the neighborhood" as stated in the staff report. All Ayes The foregoing motion was voted on, and MOTION CARRIED. Findings: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the increased height of the various portions of the structure will not result in any additional loss of views than is affected by the existing approved structure that exceeds the permitted building height. 2. That the granting of a variance to the height • requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as without the height, the proposed mechanical equipment on the roof may not be -3- COMMISSIONERS G�y�°t°Z cC�omyo April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX screened as required by the approval of Use Permit No. 1128 (Amended). 3. That the establishment, maintenance, and operation of the use, property, and building 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 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 conformance with the approved plot plan, floor plans, and elevations, except as noted below. • 2. That all applicable conditions of Use Permit No. 1128 (Amended) shall be fulfilled. 3. That the height of the parapet walls shall be as required by the Uniform Building Code, but no higher than 32± feet above existing grade. The proposed stairwells shall be no higher than the approved height of the parapet walls. Use Permit No. 1640 (Amended)(Public Hearing) Item No.2 Request to amend a previously approved use permit which UP1640A permitted the establishment of a restaurant with on -sale beer and wine on property located in the C -N -H District. Approved The proposed amendment includes a request to permit an as- built patio dining area in conjunction with the existing restaurant. LOCATION: Parcel 3 of Parcel Map 49 -22 (Resubdivision No. 339) located at 2531 Eastbluff Drive, at the northwesterly corner of Eastbluff Drive and Vista del Sol in the Eastbluff Shopping Center. • ZONE: C -N -H -4- COMMISSIONERS ymG�f. �yN��y y y April 13, 1989 P 9° ° y y o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX APPLICANT: Showley- Wrightson, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Ms. Sharon Wrightson, applicant, appeared before the Planning Commission, and she concurred with the findings and conditions in Exhibit "A ". Ms. Wrightson stated that the tables and chairs in the common area that were referred to in the letter from The Irvine Company dated June 8, 1982, to the Planning Commission, were never installed as proposed; however, she said that they were subsequently purchased by the Merchants' Association. Ms. Wrightson said that after the same tables and chairs were destroyed by the public, The Irvine Company purchased supplementary anchored tables and chairs at the request of the Merchants' Association. • Ms. Wrightson commented that the applicants were not aware it would be a violation to their use permit if they supplemented the total allowable number of tables and chairs to their indoor seating by adding outdoor tables and chairs. In response to questions posed by Commissioner Merrill, Ms. Wrightson explained that the Merchants' Association employs a maintenance service to clean the common area of the shopping center; however, she said that the applicants' employees maintain their outdoor tables and chairs daily. In response to questions posed by Commissioner Winburn, Ms. Wrightson replied that the tables and chairs that are adjacent to their restaurant were purchased by the applicants, and the chairs that are stacked adjacent to Hughes Market were purchased by the pizza restaurant. Mr. Joe Sanchez, Corona del Mar, stated his support of the restaurant, and he commented that the applicants' outdoor tables and chairs are not obtrusive to the aesthetics of the shopping center. There being no others desiring to. appear and be heard, the public hearing was closed at this time. n * Motion was made and voted on to approve Use Permit No. 1640 (Amended) subject to the findings and conditions in Exhibit yes "A ". MOTION CARRIED. -5- COMMISSIONERS NO Z s April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Findines• 1. That the proposed restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and landscaping will • be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed site. 5. That the proposed development is a relocation of previously approved "net public area" and does not increase the number of parking spaces. 6. The approval of Use Permit No. 1640 (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 the proposed restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1640 shall remain in effect. • 3. That a minimum of 1 parking space for each 40 square feet of "net public area" shall be provided for the restaurant operation. -6- COMMISSIONERS ymG 9N 99 q y m April 13, 1989 9 9 Oy f ` lip 9 yo y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 4. The "net public area" of the restaurant shall not exceed 880 square feet. 5. That all employees of the restaurant shall be required to park on site and all delivery vehicles shall also be parked on.site. 6. That the restaurant development standards as they pertain to traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 7. That service of alcoholic beverages in the patio dining area shall be licensed by the State Alcoholic Beverage Control. 8. 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. 9. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -7- COMMISSIONERS April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Use Permit No. 1922 (Amended)(Continued Public Hearing) Item No.3 Request to amend a previously approved use permit which permitted the establishment of a boat repair and UP1922A maintenance facility on property located in the "Recreational and Marine Commercial" area of the Cannery Continued . Village /McFadden Square Specific Plan. The proposed to 5 -4 -89 amendment includes a request to relocate the eight required on -site parking spaces to the property across the street (226 21st Street) which is also owned and operated by the applicant. The proposal also includes: a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with the new parking location; a request to retain an outdoor intercom and paging system; and the review of the operation of an existing boat crane which exceeds the 26 foot basic height limit up to a maximum height of 45 feet in the 26/35 Foot Height Limitation District. LOCATION: Parcel 1 of Parcel Map 79 -732 (Resubdivision No. 644), located at 223 21st Street, on the northwesterly side of 21st Street between The Arcade and Newport Bay, and Lots 14 through 17, Block 220, Section A, Newport Beach, located at 226 21st Street, on the southeasterly side of 21st Street, between The Arcade and Newport Bay, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Peninsula Shipyard, Inc., Newport Beach OWNER: Norman G. Schmitt, Newport Beach James Hewicker, Planning Director, requested that this item be continued to the May 4, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. _All yes 1922 (Amended) to the May 4, 1989, Planning Commission meeting. MOTION CARRIED. -8- COMMISSIONERS 6 .off �� 0 a� ZmG yoyy�vd)9y April 13, 1989 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Use Permit No. 3347 (Public Hearing) Item No.4 Request to permit the construction of a second dwelling UP3347 (Granny Unit) on property located in the R -1 District in accordance with the Chapter 20.87 of the Municipal Code Approved that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to allow the construction of three bay windows on the second floor which encroach 18± inches into a required 4 foot side yard setback. LOCATION: A portion of Lot 5 and Lot 7, Block 240, Corona del Mar, located at 307 Narcissus Avenue, on the northwesterly side of Narcissus Avenue, between Seaview Avenue and East Coast Highway in Corona del Mar. • ZONE: R -1 APPLICANTS: Barry and Marjorie Loud, Corona del Mar OWNERS: Same as applicants The public hearing was opened in connection with this item, and Mr. Barry Loud, applicant, appeared before the Planning Commission. Mr. Loud concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Debay, Mr. Loud replied that the Granny Unit will be occupied by his mother. Commissioner Debay explained that if the property is sold, the new property owners must be made aware that the Granny Unit cannot be considered a rental unit. Mr. Loud stated that a covenant to limit the use of the Granny Unit will go with the property. Mr. Ron Hagerthy, 303 Narcissus Avenue, appeared before the Planning Commission, on behalf of the 25 persons who signed a letter in opposition to the Granny Unit, and as a spokesman for the 10 neighbors who appeared at the public hearing. In reference to the City and State regulations governing Granny Units, Mr. Hagerthy commented that the residents had concerns whether Marjorie Loud, the mother, and future occupant of the Granny Unit, or Barry Loud, the • son, is the current property owner. He stated that the residents have the following concerns: that the Granny Unit -9- COMMISSIONERS CITY OF NEWPORT April 13, 1989 BEACH MINUTES ROLL CALL INDEX may become an illegal rental unit; the density in Old Corona del Mar; that Granny Units are inappropriate in the area; beach and commercial parking congestion on the residential side streets, and the regulations stating that a Granny Unit is permitted on a the minimum lot size of 5,000 square feet. Mr. Hagerthy requested that the item be continued until it is determined who is the current property owner, the intended occupant of the Granny Unit, and if Old Corona del Mar is an appropriate area for Granny Units. Ms. Frances Coons, 309 Narcissus Avenue, appeared before the Planning Commission in support of the application, and in rebuttal to the foregoing presentation. She opposed the length of time that Mr. Hagerthy has been a resident in the area, compared to Mrs. Loud and herself. Mr. Joe Sanchez, appeared before the Planning Commission in support of Mr. Hagerthy's presentation. Mr. Sanchez • explained that the core of the residents' concerns are the number of illegal rental units in the area. Chairman Pomeroy recommended that the neighbors notify the City so the Code Enforcement Officers could investigate the illegal rental units. Mr. Lars DeJounge, 208 Marigold Avenue, appeared before the Planning Commission in opposition to the Granny Unit. Mr. DeJounge submitted photographs depicting the trash that litters the alley . He commented that a bootleg unit was constructed adjacent to the subject property. Mr. DeJounge questioned the Granny Unit plan that is proposed to be attached to the primary structure. Mr. Loud reappeared before the Planning Commission in rebuttal to the foregoing testimony. Mr. Loud stated that he is the legal property owner, that his mother intends to reside in the Granny Unit, that the Granny Unit will be constructed in compliance with the Granny Unit Ordinance, and the zoning allows an addition to the existing single family dwelling with no additional parking spaces required, but with no kitchen permitted. James Hewicker, Planning Director, explained that prior to • when the Granny Unit Ordinance became effective in January 1989, the City had the option to adopt a Second Unit Ordinance and /or a Granny Unit Ordinance. He explained that the City did not adopt a Second Unit Ordinance -10- COMMISSIONERS 1 1 9y G �N19 9 s sj April 13, 1989 9� y'f�PgyO 11 d CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX inasmuch as said Ordinance would not be compatible with the residential areas within the City. Mr. Hewicker commented that the Planning Commission and the City Council adopted the Granny Unit Ordinance after several public hearings, and with many specific conditions. He explained that the Granny Unit Ordinance does not address low or moderate income housing, that the occupants in the Granny Unit have to be 60 years of age or older, and that a 5,000 square foot lot could accommodate a Granny Unit. Mr. Hewicker stated that prior to the Granny Unit Ordinance, the City considered each Granny Unit application on an individual basis. Robert Burnham, City Attorney, stated that one finding that the City Council made to exclude Second Units from the City was that the City was going to adopt a Granny Unit Ordinance so as to provide second units for elderly people to enable them to live with their children. Mr. Burnham concluded that the City may be legally able to terminate • the Granny Unit Ordinance; however, the City is forced to provide housing for all economic segments. Commissioner Di Sano commented that the City would have been in a more vulnerable position to be sued by the State if the Granny Unit Ordinance had not been adopted inasmuch as the City had not adopted the Second Family Dwelling Ordinance. Commissioner Pers6n. and Mr. Burnham addressed the State's regulations governing Second Family Dwellings. Commissioner PersBn addressed the adopted General Plan, and he commented that the proliferation of second units on R- 1 properties disintegrates the integrity of the R -1 District. Mr. Burnham commented that the 5,000 square foot lot size reduces the number of lots that can accommodate a Granny Unit. Mr. Burnham addressed property values, and the residents',and City's concerns regarding illegal units in Old Corona del Mar. Commissioner Debay stated that the proposed Granny Unit appears to be in compliance with the Granny Unit Ordinance. She suggested that the residents channel their energy into reporting illegal units in the area. . Ms. Mary Lovell, 316 Narcissus Avenue, appeared before the Planning Commission, to oppose the subject application. -11- COMMISSIONERS .per% Oi. Cta GyyyO Y ���s$O April 13, 1989 CITY OF NEWPORT BEACH MINUTES R CALL INDEX Ms. Lovell commented that in addition to the illegal units in the area, the residents are concerned that the residential streets are being used by students attending classes on East Coast Highway, and the valets from the local restaurants are parking patrons' automobiles on the streets. She addressed the legitimacy of the occupants of the Granny Units, and property values. Mr. Hewicker stated that the Granny Unit Ordinance requires an annual report of verification of occupancy from each property owner. Chairman Pomeroy explained that the Planning Commission took many precautions prior to the approval of the Ordinance so the Granny Unit could not be converted into an illegal rental unit. Mrs. Nancy Sanchez, Narcissus Avenue, appeared before the Planning Commission, stating that her concern is the mechanics of how the City can be assured that the Granny • Unit property owners will report the occupants. Mr. Hewicker commented that the approved use permits with conditions are received by the property owners from the City, and if the property owners do not automatically provide the information, then the City would insist that the applicant verify that the unit is being occupied in the manner that it was approved by the Planning Commission. Commissioner Debay recommended that the residents contact the City inasmuch as the Planning Commission has the ability to call up a use permit if a business is operating in an illegal manner. Mr. Burnham advised that the Corona del Mar Specific Area Plan that is currently under study will address many of the residents' concerns. Mr. Hewicker suggested that the residents leave their names and telephone numbers with the City so the staff may inform those persons of the City's action after the staff's investigation of a complaint for illegal units. Ms. Mary McCarthy, 302 Narcissus Avenue, appeared before the Planning Commission, to address the residents' concerns regarding the number of illegal units in the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. On * Motion was made to approve Use Permit No. 3347, subject to the findings and conditions in Exhibit "A ". Commissioner Di Sano addressed the recently adopted General Plan; the -12- . COMM.ISSIONERS CALL April 13, 1989 CITY OF NEWPORT BEACH housing need for senior citizens and how to develop new housing options; that the City chose to adopt a Granny Unit Ordinance as opposed to the Second Family Unit Ordinance; and the Planning Commission considered the possibility of illegal units during the Granny Unit Ordinance public hearings. He addressed the testimony during the public hearing and he concurred that the residents need to focus more on complaining to the City regarding illegal units as opposed to applications that comply with City regulations; and he requested that the residents cooperate with the City by submitting their names so staff may follow up on the complaints. Commissioner Di Sano addressed the illegal parking on the residential streets. Commissioner Di Sano emphasized that use permits for Granny Units consist of stringent conditions that must be adhered to by the property owners. In response to questions posed by Commissioner Edwards, Mr. Hewicker stated that the Quitclaim Deed to provide an undivided half interest of the subject property to Marjorie Laud's son, Barry Loud, was executed this date, April 13, 1989. Mr. Burnham stated that the applicant is also required to draft a covenant to restrict the occupancy of the Granny Unit for the City Attorney's approval. In response to a question posed by Chairman Pomeroy, Mr. Hewicker explained that the property owner of the Granny Unit is required to live in the primary unit. Commissioner Merrill stated that the property owners could construct a 700 square foot addition without coming to the Planning Commission for approval, that would provide additional rooms that could be rented illegally, or the Planning Commission could approve a Granny Unit that would provide legal housing for one additional person with legal parking. Mr. Burnham addressed the litigation that the City was involved in for approximately nine years regarding low income housing. Mr. Burnham stated that there are provisions in State Law that create some obligations on the part of the City to provide housing, and to balance the interests of the community. Mr. Burnham stated that the risk to the community by not complying with State Law and not providing housing outweighs the impacts that the residents receive from.Granny Units. -13- MINUTES INDEX COMMISSIONERS ZmGZFOZN�$ April 13, 1989 CITY OF NEWPORT .BEACH MINUTES ROL CALL INDEX Commissioner Pers6n stated that he would support the motion on the basis only that the Planning Commission is complying with State Law, and the Granny Unit Ordinance complies with the legislative statutes which he commented he does not fully support. Commissioner Debay supported the motion inasmuch as the 609 square foot Granny Unit is attached to the main dwelling unit and the applicants will be providing a third garage space. She addressed the residents' concerns and shared their opinions with respect to the number of illegal rental units in Old Corona del Mar. Chairman Pomeroy stated that the subject Granny Unit application is what the Granny Unit Ordinance was designed to accommodate. He commented that there is an opportunity to modify the Granny Unit Ordinance, and the credibility of Old Corona del Mar where the majority of the lots are 3,540 square foot lots. He suggested a modification to the • Granny Unit Ordinance that would recognize the predominance of lots in a given area where Granny Units would not be allowed, and perhaps not compatible with the few lots that Granny Units might be allowed. Chairman Pomeroy stated that the City needs to satisfy all age groups of the population in providing housing, and the Granny Unit Ordinance is one example of how the senior housing need can be addressed. Commissioner Pers6n stated that the State legislature requires the City to provide all types of housing opportunities for all ages by imposing this type of unit in an R -1 area. He said that this does not necessarily mean that the City cannot satisfy the housing needs for the elderly in another fashion. Commissioner Edwards recommended that a condition be added requiring the Quitclaim Deed be recorded. Mr. Burnham agreed to the requested condition, and he commented that all of the conditions must be satisfied before the use permit can become effective or prior to the issuance of the building permit. The maker of the motion agreed with the added condition. Mr. Loud explained that the Quitclaim Deed is currently in the process of being recorded. -14- COMMISSIONERS Z�G xff�rr Apr il 13, 1989 a ti CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion was voted on to approve Use Permit No. 3347 and related modification subject to the findings and conditions in Exhibit "A ", including added Condition No. 10 as All Ayes previously stated. 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. The project will not have a significant environmental impact. 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • 4. The approval of Use Permit No. 3347 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, 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 60 years of age or older. 3. That the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors 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 current ordinances regarding granny units. Said covenant shall also contain all conditions of approval imposed by the Planning Commission or the City Council. -15- COMMISSIONERS Edo). April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX 4. Commencing with the final inspection of the granny unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this approval to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 5. That the primary residence shall be occupied by the legal owner of the property. 6. That one independently accessible garage space shall be provided for the granny unit at all times. 7. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 8. That a covenant shall be recorded in the County Recorder's Office to hold the subject property as a single parcel and building site. 9. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 10. That the Quitclaim Deed to provide an undivided half interest of the subject property to Marjorie Loud's son, Barry Loud, shall be recorded prior to the issuance of building permits. The Planning Commission recessed at 8:55 p.m. and reconvened at 9:05 p.m. -16- COMMISSIONERS 'ib�.p •0 7i ��O. Q� April 13, 1989 CITY OF NEWPORT BEACH MINUTES R&TFCALL INDEX Use Permit No. 3348 (Public Hearing) Item No.5 UP3348 Request to permit the establishment of a take -out yogurt facility in conjunction with a proposed retail gift shop and video rental facility on property located in the C -1 Approved District. The proposal also includes a request to waive all of the required off - street parking for the proposed facility. LOCATION: Lots 35 and 36, Block 13, Section Four, Balboa Island, located at 301 Marine Avenue, on the northwesterly corner of Balboa Avenue and Marine Avenue, on Balboa Island. ZONE: C -1 APPLICANT: Kim Loebel, Newport Beach OWNER: Great American First Savings Bank, San Diego The public hearing was opened in connection with this item, and Ms. Kim Loebel, applicant, appeared before the Planning Commission. Ms. Loebel concurred with the findings and conditions in Exhibit "A ", She commented that the business will cater to the local residents inasmuch as there is currently no video rental facility on Balboa Island. She stated that she will install a trash compactor and two trash receptacles. In response to questions posed by Commissioner Winburn, Ms. Loebel replied that she did not contact the Balboa Island Business Association; however, she said that the adjoining bank personnel is aware of the proposed business inasmuch as she has been negotiating for the site for several months. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. All Ayes 3348, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. • -17- COMMISSIONERS MINUTES April 13, 1989 CITY OF NEWPORT BEACH FINDINGS: INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding 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 walls, utilities, parking lot illumination, landscaping, and the required parking will not be detrimental to adjoining properties. 4. That the approval of Use Permit No. 3348 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and • general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved floor plan. 2. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, and the required parking spaces (13 spaces) shall be waived. 3. That no cooking or preparation of food other than frozen dessert items and beverages shall be permitted unless an amendment to this use permit is approved by the Planning Commission at a later date. Said amendment could require the addition of grease interceptors and exhaust fans. 4. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. • 5. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. -18- . COMMISSIONERS y CITY OF NEWPORT April 13, 1989 BEACH MINUTES ROLL CALL INDEX 6. That all mechanical equipment and trash areas shall . be screened from adjoining properties. 7. That no seating shall be provided in the facility or in the courtyard area unless an amendment to this use permit is approved by the Planning Commission. 8. 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 and the Public Works Department. 9. That a trash compactor be provided in the take -out restaurant facility. 10. That the hours of the yogurt shop shall be limited between the hours of 9:00 a.m. and 10:00 p.m. daily. 11. That Coastal Commission approval shall be obtained prior to the establishment of the take -out restaurant facility. 12. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. 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. -19- COMMISSIONERS A •0_ <f.�E� O. OF �y C April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROL CALL INDEX Use Permit No. 3349 (Public Hearing) Item No.6 Request to permit a change in the operational UP3349 characteristic of an existing restaurant with on -sale beer and wine so as to allow the addition of dancing and live Continued entertainment and to increase the hours of operation of the to 4 -20 -89 restaurant so as to be open from 6:00 a.m. to 1:00 a.m. daily. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off - street parking. LOCATION: Lots 4 -8, Block 159 (restaurant site) and Lots 14 and 15, Block 160, River Section (off -site parking lot) located at 5930 West Coast Highway, on the northeasterly side of West Coast Highway, between 61st Street and the Seminouk Slough, in the Newport Shores Specific Plan Area. • ZONE: SP -4 APPLICANT: James Patty, Newport Beach OWNER: Val Brown, Fallbrook James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the April 20, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Use Permit No. All Ayes 3349 to the April 20, 1989, Planning Commission meeting. MOTION CARRIED. • -20- COMMISSIONERS Ah " Z 0 M, O�O April 13, 1989 CITY OF NEWPORT BEACH MINUTES R0111FCALL INDEX General Plan Amendment 88- 2(C)(Continued Public Hearing) Item No -7 Request to revise the Housing Element of the Newport Beach GPA88 -2C General Plan as required by State Law. Continued INITIATED BY: The City of Newport Beach to 5 -4 =89 Robert Lenard, Advance Planning Manager, stated that Part Two of the Housing Element is the policy and program portion of the Housing Element. Mr. Lenard reviewed the process to approve in concept the drafted Housing Element by the Planning Commission, City Council, and the State Department of Housing and Community Development prior to coming back for final action by the City Council. Mr. Lenard advised that at the May 4, 1989, Planning Commission meeting, staff will present an assessment of the City's performance with respect to the existing Housing Element during the past five years and how the City met the • regional need. Mr. Lenard stated that the staff report depicts a comparison of the old Housing Program to the new Housing Program by providing a strike -out version of the existing Housing Element. He explained that the Program Section was revised to reflect the City's experiences in evaluating different types of projects involving affordable units during the past five years, and it has been strengthened to require more low income housing. He explained that the new Housing Element is based solely on the State standard that is contained in Section 50093 of the Health and Safety Code so as to standardize the housing needs set by other agencies. Mr. Lenard stated that Attachment No. 2 to the staff report, Income Category, illustrates the comparison of Section 50093 and the fair market rents under the new Housing Element to the existing Housing Element standards. Mr. Lenard stated that Attachment No. 1 summarizes the Program 2 provisions involving rental units, multiple unit projects, and ownership units. Mr. Lenard referred to the Regional Housing Needs Assessment (RENA) table in the staff report that was prepared by SCAG, and he addressed the very low, lower, moderate and upper income numbers of the "Total New Units • Distributed by Income" table that were allocated to the City. In reference to the "City's Quantified Goals -21- COMMISSIONERS April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROWCALL INDEX Distributed by Income" table, he explained that the very low, lower, moderate and upper income numbers would occur if the City would make the maximum development effort on all identified vacant parcels, given the guidelines established in the Housing Element. In response to questions posed by Chairman Pomeroy regarding how the foregoing numbers were tabulated, Craig Bluell, Senior Planner, explained that initial numbers were allocated by the State Department of Finance for Regional Growth, to the regional Governments or COGS. He explained that the projected numbers for the next five years are the result of SCAG's assessment of each community's thirteen year production with an emphasis on the past four years, on the basis that the growth should be similar. Mr. Bluell stated that SCAG considered the disproportion of affordable housing which exists in some areas and made an adjustment to avoid impaction. On a sub - regional basis when there was a need to make an adjustment because of the balance between jobs and housing, SCAG also did that. Mr. Bluell commented that the City responded to the initial numbers on the basis of technical aspects, and the potential of the General Plan requirements. He stated that adjustments were made upon completion of the City's response. Mr. Bluell explained that the City's quantified Goals table is quantifying what the City can do compared to the allocation by SCAG. He said that under State Law, one section states that.COG will generate the numbers; however, Section b recognizes that the need as assessed by the local Government may exceed what the local Government can accomplish. He said that the local Governments are obligated to quantify their potential. Under the quantified objectives, a comparison was done of what staff believes the City can accomplish. Mr. Lenard responded that the City's prior history shows extensive building, and he commented that there is a need for the numbers to reflect the vacant property and not just prior production. Mr. Lenard suggested that in addition to the City providing funds for the homeless out of the Social Service Funds, that the City enter into a matching program with the County to develop homeless shelters on a County -wide basis. He suggested that each City contribute a portion of the CDBG funds and establish a committee consisting of City and County members. -22- COMMISSIONERS to t� ymG� Q - y OX c y � s April 13, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Mr. Lenard stated that staff met with representatives of The Irvine Company regarding the draft Housing Element, and he commented that The Irvine Company is concerned with the conflicting Density Bonus standards. He stated that the City requires a project to allocate a percentage of affordable housing initially before discussing a Density Bonus. He said to encourage a developer to provide more than a minimal amount of affordable housing, the State entitles a developer to a Density Bonus if the developer provides a percentage of units initially. Commissioner Debay commended the City for giving the Planning Commission the opportunity to attend a Planner's Conference in Monterey. She said that one of the sessions that she attended was regarding Housing Elements. In response to Chairman Pomeroy's questions with respect to one of the City's Housing Goals and Policies "to • preserve and increase affordability, through rental housing, for the very low and lower income.. ", Mr. Lenard explained that the definitions of "very low" and "lower" are changing to 50 percent for very low and 80 percent for "lower ". Mr. Lenard further explained that the strength of the new Housing Element is to target the low and lower in the rental housing area. In reference to "Quantified Objectives, Maximum Number of Housing Units by Income Category 1989 - 1994, Conservation ", Mr. Lenard concurred with Chairman Pomeroy that the goal of the City is to conserve or retain 2,000 units that are now classified as "very low". Mr. Lenard explained that due to the vacancy rate, the City is able to retain rental stock by not allowing condominium conversions. In response to a question posed by Chairman Pomeroy, Mr. Lenard explained that the Density Bonus numbers in the "New Housing Units by Income Category" are estimates of numbers of units that may be built. In response to a question posed by Commissioner Debay, Mr. Lenard defined "inclusionary zoning" as a fixed portion eg. 20 percent of affordable housing in every residential project. He explained that the City utilizes the concept of "negotiated development ", meaning that the percentage of affordable housing depends on whether it is on or off site, a Density Bonus, or CDBG funds are involved, -23- COMMISSIONERS April 13, 1989 MINUTES \\\\\ CITY OF NEWPORT BEACH CALL I I I I I I I I INDEX development standards such as parking standards are relaxed, and fees are waived. Chairman Pomeroy addressed "Implementation Actions (f)", which states in the drafted Housing Element that "when a developer of housing agrees to construct housing for person(s) and families of low and moderate income, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value,.. ". Chairman Pomeroy requested a clarification to the amount of affordable housing that would be provided by the developer to allow them a Density Bonus. Chairman Pomeroy and Mr. Lenard addressed the efficiency of the development permit process and the expedited review and processing. Chairman Pomeroy, addressed "Implementation Actions (b) ", • "the City shall maintain rental opportunities by restricting conversions of rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is five percent or higher for four consecutive quarters ". Discussion ensued between Chairman Pomeroy, Commissioner Debay, and Commissioner Pers6n with respect to the concerns that have been expressed by the City Council and the Planning Commission concerning the number of persons residing in rental units. In reference to Program 12, "Implementation Actions ", Chairman Pomeroy posed questions concerning the City's homeless program during the previous five years. Mr. Bluell explained that the initial Law that was passed in 1980 was amended by the State in 1984 so as to bring the homeless issue into the Housing Element. He stated that subsequently staff amended the Housing Element to include Sections (a) and (b) as they currently exist in the Housing Element. Mr. Bluell stated that (c) and (d) are proposed to be included in the drafted Housing Element. He said that the draft Housing Element Programs take into consideration the numbers of homeless that are assisted by the Social Service Agencies, the funds available, and what can be accomplished because of the cost of land. • In response to a question posed by Commissioner Winburn regarding the percentage of CDBG Funds that will be going to the homeless, Mr. Bluell explained that the City will be receiving $423,000.00 in Community Development Block -24- COMMISSIONERS April 13, 1989 CITY OF NEWPORT BEACH MINUTES ■ ROCCCALL I I I I I I I I I INDEX Motion Ayes n yes Grant Funds, approximately $63,000.00 of. that money will be going to Social Service Agencies for assistance. He explained that the City targets the agencies that assist the homeless and low income as high priority agencies. Mr. Bluell recommended that the City participate in a County- wide homeless program. He explained that the accumulation of CDBG funds, at the rate of 7 -1/2 percent from each jurisdiction in the County entitled to funds, $1.4 million would be available to accomplish a homeless program on an annual basis. Mr. Dave Dmohowski appeared before the Planning Commission on behalf of The Irvine Company. Mr. Dmohowski stated that The Irvine Company will make a formal presentation with respect to the draft Housing Element after their representatives have concluded their meetings with staff. Motion was made and voted on to continue General Plan Amendment 88 -2(C) to the May 4, 1989, Planning Commission meeting. MOTION CARRIED. A. General Plan Amendment 89- 1(G)(Public Hearing) Request to amend the Circulation Element of the General Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street in Santa Ana Heights; and the acceptance of an environmental document. AND Amendment No. 676 (Public He Request to amend the Santa Ana Heights Specific Area Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street. INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, requested that this item be continued to the April 20, 1989, Planning Commission meeting. Motion was made and voted on to continue General Plan Amendment 89 -1(C) and Amendment No. 676 to the April 20, 1989, Planning Commission meeting. MOTION CARRIED. -25- Item No.8 GPA89 -1G Continued to 4 -20 -89 COMMISSIONERS MINUTES April 13, 1989 9 9 ay � y4 yo y CITY OF NEWPORT BEACH ROLL CALL INDEX ADDITIONAL BUSINESS: Additional Business Chairman Pomeroy suggested that language be added to the Granny Unit Ordinance with respect to the relationship between the occupant of the Granny Unit and the occupant of the primary unit. He further suggested that staff address the issue of Old Corona del Mar where the majority of the lots are below the 5,000 square foot minimum required for Granny Units. The Planning Commission directed staff to schedule a discussion item on May 18, 1989, regarding ,possible revisions to the 'Granny Unit Ordinance. AWOU.NMENT: 9:50 p.m. Adjournment GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -26-