HomeMy WebLinkAbout04/18/1996COMMISSIONERS
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CITY OF NEWPORT BEACH
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE:
MINUTES
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All Commissioners were present
EX- OFFICIO OFFICERS PRESENT:
Robin Clauson, Assistant City Attorney
Patricia L. Temple, Acting Planning Director
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Rich Edmonston, Traffic Engineer
Darleen Kuhlmann, Planning Secretary
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Minutes of April 4, 1996:
Minutes
4/4/96
Motion
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Motion was made and voted on to approve, as amended, the April 4,
1996, Planning Commission Minutes. MOTION CARRIED - 6 Ayes, 1
Approved
Ayes
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Abstain
Abstain
Public Comments: None
Public
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Comments
Posting of the Agenda: _
Posting
Agenda
Ms. Temple stated that the Planning Commission Agenda was posted on
Friday, April 12, 1996, outside of City Hall.
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SUBJECT Hooter's Restaurant
Item 1
2406 Newport Boulevard
• the interpretation of Use Permit No. 1581
tip 158.1
(Amended)
Chairman Ridgeway opened the discussion on the interpretation of
Approve,
conditions for Hooter's Restaurant by indicating that the issue is what
direction to give to staff in regards to the two issues at hand, and not the
project approval itself.
Acting Planning Director Patricia Temple reviewed the two issues at
question. First, can the relocation of outdoor deck from the first to the
second floor be found in substantial conformance with the approved
plans, and second, what is the appropriate balance between the parking
spaces provided and the amount of landscaping. During the past week,
the applicant has worked diligently with the City Traffic Engineering
Division to refine the parking lot layout and landscape areas. As a
result of those on -going discussions, a new layout is presented this
evening, which is different from that included in the agenda
distribution. Mr. John Loomis, architect for the project, can review
those plans for the Commission.
Mr. John Loomis, Thirtieth Street Architects, 2821 Newport Blvd.,
Newport Beach, approached the podium. He reviewed the progression
of the parking lot design from that originally submitted at the last
meeting, to the new scheme presented this evening. The first plan
maximized the parking spaces, but suffered for a number of
deficiencies which would make it difficult to operate. The second
included a number of landscaping areas within the lot, as originally
requested by the commission. It included 71 parking spaces, and 1,557
sq. ft of landscaping. However, upon reviewing the revised layout with
Public Works, a number of design components were identified for
revision, resulting in the new layout. The primary changes are widening
the aisles on both the off -site lot and the internal circulation returns, as
well as widening the parking spaces on the off -site lot to 10 feet. This
produced 66 parking spaces and 1,289 sq.ft. of landscaping. The
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landscaping design included some vertical elements along the northerly
property line, in the form trellis and vines. Mr. Loomis pointed out,
however, that the applicant, Mr. Ken Poole had been out of town, and
had not yet seen this last design.
Commissioner Kransley stated for the record that he had listened to the
tape of the last Planning Commission meeting on this item, so he could
participate in the discussion of the issue.
In response to the Commission, Mr. Edmonston described the rationale
for requesting the changes to the parking stall size on the new portion
of the parking area. Specifically, the Public Works Department makes
an effort to have all new parking be designed as close to standard as
possible, given the constraints of the site. In this particular case, since
the aisles must be narrower than desirable, it is important to have 10
foot wide spaces. The Department does not normally impose these
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requirements in existing parking lots.
Mr. Ken Poole of Hooter's Restaurant addressed the Commission,
indicating that he found the new parking lot layout generally
acceptable, but that he had concerns over the loss of the central planting
area, and believed that small planting pockets on the northerly property
line would be problematic from a maintenance standpoint. He also
indicated that the off -site lot is currently only used by employees, and
not by restaurant patrons.
That Planning Commission discussed the internal circulation of the
parking lot and the number of parking spaces provided in relationship
to the relocation of the deck structure to the second floor.
Commissioner Adams noted that on the second floor to use would be
for dining, while on the first level it would be used for waiting or
beverage service if noise issues can be mitigated. In his opinion, this
would be a better situation.
Commissioner Gifford stated that it did not appear that the credits for
boat slips and in -lieu parking fees had been included in the analysis.
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Ms. Temple indicated that that the project has 5 boat slip credits, and
three in -lieu parking fee credits. Based upon a parking ratio of 1 space
for each 40 square feet, the parking requirement for the restaurant is 74
spaces. The latest parking plan has 66 spaces. With the additional 8
credits, the total parking supply is 74 spaces, and therefore, if these
were included, there would be no shortfall.
Discussion ensued by the Planning Commission regarding the merits of
additional landscaping at the expense of parking spaces. During the
discussion it was noted that there is a municipal parking lot across
Newport Boulevard, which is available for overflow parking, as well as
for those patrons who prefer to self -park their car.
Chairman Ridgeway stated that he had visited the restaurant recently,
and the parking supply was very tight.
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The Commission question staff as to the propriety of reducing the
number of parking spaces in favor of landscaping.
It was indicated by Ms. Temple that the wording of the condition on the
amended use permit allowed for a reduction in the parking ratio in
order to achieve the desired amount of landscaping.
Motion
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Motion was made by Commissioner Gifford to direct staff in regards to
the following interpretations:
• the most recent parking lot layout would be acceptable so long as
two of the parking spaces depicted would be converted to
landscaping in a manner similar to the plan provided in the
Planning Commission agenda packet, and
• the relocation of the ground level deck to the second floor is in
substantial conformance with the approved plans.
Commission Adams suggested that the parking requirement remain 74,
but that the Planning Commission is directing that two of those spaces
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Fbe d for land scaping, noting that if the use of those areas for parking
es important, they could be converted back for use as parking.
Amended
motion
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ission Gifford agreed to this proposal.
Motion was made to approve the interpretation of substantial
conformance of Use Permit No. 1581 (Amended) with the following
modifications to the Plan as submitted:
• that the most recent parking lot layout would be acceptable so long
as two of the parking spaces depicted would be converted to
landscaping in a manner similar to the plan provided in the
Planning Commission agenda packet, subject to approval by the
Planning Director; and
• that the two spaces used for landscaping could be converted back
for use as parking, should parking demand increase, as determined
by the Planning Director; and
• that the relocation of the ground level deck to the second floor is in
substantial conformance with the approved plans.
,11 Ayes
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MOTION CARRIED, 7 Ayes.
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SUBJECT: Revised Time -Share Development Regulations
item 2
(Public Hearing)
• Amendment No. 845
A 845
Amendment to Chapter 20.76 of the Municipal Code to allow the
Approv
Planning Commission or the City Council to modify development and
operational regulations for time -share projects.
Public Hearing was opened and closed.
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Motion
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Motion was made to adopt Resolution No. 1431 recommending approval
All Ayes
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of Amendment No. 845 to the City Council. MOTION CARRIED, 7
Ayes.
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SUBJECT: Taylor Woodrow Homes California, Ltd.
Item 3
(Upper Castaways)
900 Dover Drive
• Street Name Changes
Street
Changes
Change a street name designated on the approved Tentative Tract Map
No. 15012; request to change the name of a portion of a dedicated street,
Approve
16th Street easterly of Dover Drive at the entrance to the Upper
Castaways development.
Ms. Patricia Temple made a presentation on the subject matter. At
question by Commission, she indicated that the Minister of the Newport
Harbor Lutheran church had been in phone contact with staff regarding
this issue.
Public Hearing was opened.
Chairperson Ridgeway asked Mr. Edmonston the location of the new
street signage.
Mr. Edmonston, Traffic Engineer, responded that there would be a large
sign on the traffic signal arm. On the east side of Dover, the sign would
read, "Castaways Lane ", and on the west side it would read "16th Street! '.
This method allows motorists to see both names and has proven to be an
effective way of signing at an intersectionwhere the street name changes.
Public Hearing was closed.
Motion
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Motion was made to adopt ResolutionNo. 1432 recommending approval
of Street Name Change of a portion of 16th St., and street names changes
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of the private streets for Tentative Tract Map No. 15012. MOTION
All Ayes
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CARRIED, 7 Ayes.
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SUBJECT: Houshang Hakimdavar
Item 4
4341 MacArthur Boulevard, Suite E
Use Permit No. 3580
UP 3580
Establishment of a dry cleaning facility with an on -site plant in the
Approve
Newport Place Planned Community District.
Public Hearing was opened.
Chairperson Ridgeway asked who was present to speak to this
application.
rMr.
John Petrie of Sanderson/Ray Development 2699 White Rd. #150,
Irvine, approached the podium and stated he was representing the
applicant.
Mr. Houshang Hakimdavar, 23592 Windsong #27D, Aliso Viejo
applicant, stated that he understands and agrees to the terms and
conditions of the Use Permit No. 3580 when questioned by Commission.
Motion
All Ayes
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Motion was made for approval of Use Permit No. 3580 subject to the
findings and conditions in Exhibit A. MOTION CARRIED - 7 Ayes.
Findines:
1. That the proposed application is support service in nature and not
an intensification of square footage of the existing structure, and
as such, is consistent with the Land Use Element of the General
Plan, and is compatible with surrounding land uses.
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2. That the proposed dry cleaning facility, with on -sits cleaning
equipment, does not pose any significant environmental impact.
3. That the approval of Use Permit No. 3580 will not, under the
circumstances of this case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing
and working in the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or the general
welfare of the City.
Conditions:
1. That development shall be in substantial conformance with the
approved plot plan and floor plan.
2. That any boilers shall be isolated in accordance with the
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requirements of the Uniform Building Code.
3. That the use of chemicals shall be reviewed and approved by the
Fire Prevention Bureau. That a hazardous material disclosure and
a business emergency plan shall be filed with the Newport Beach
Fire Department.
4. There shall be no outside storage of materials, supplies or other
paraphernalia likely to be objectionable to the adjacent tenants
and/or property owners.
5. That any roof top or other mechanical equipment shall be
screened from view and shall be sound attenuated to be no greater
than existing sound levels at the property lines.
6. That any outdoor trash containers shall be screened from view of
adjoining properties and the public streets
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7. That the cleaning operation shall be installed and operated in
conformance with the requirements of the South Coast Air
Quality Management District.
8. 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.
9. 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.
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SUBJECT: K. J. Cantanzarite and So Cal IBEW -NECA
Item 5
Pension Plan
352 Hazel Drive and 3901 East Coast
Highway
• General Plan Amendment No. 96 -1(C),
GPA 96 -1(C
alter the boundary between the "RETAIL
AND SERVICE COMMERCIAL" use and
the "SINGLE- FAMILY DETACHED?'
residential use; and to change the allocation
of allowable dwelling units;
Local Coastal Program Amendment No.
LCP No. 45
45, alter the boundary between the "RETAIL
AND SERVICE COMMERCIAL" use and
the "SINGLE- FAMILY DETACHEI?'
residential use; and to change the allocation
of allowable dwelling units;
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• Amendment No. 847, amendment to
A 847
Districting Map No. 18, consistent with the
previously approved resubdivision of land
(Resubdivision No. 1019) to adjust zoning
district boundaries.
To amend the Land Use Element of the General Plan, amend the Local
Approved
Coastal Program Land Use Plan and amend the Districting Map No. 18,
consistent with the previously approved resubdivision of land
(ResubdivisionNo. 1019).
Ms. Temple, introduced and explained a supplemental excerpt map on
the proposed boundary changes to the Land Use Map of the General Plan
and the Local Coastal Program Land Use Map that was developed by
staff.
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Public Hearing was opened.
Mr. Vincent Dibiasi of 2515 East Coast Highway, spoke to the
Commission representing the applicant, K. J. Catanzarite.
Public Hearing was closed.
Motion
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Motion was made to adopt Resolution Nos. 1432, 1433 and 1434
recommending to the City Council the adoption and approval of:
• General Plan Amendment No. 96 -1(C),
alter the boundary between the "RETAIL
AND SERVICE COMMERCIAL" use and
the "SINGLE- FAMILY DETACHED"
residential use; and to change the allocation
of allowable dwelling units.
• Local Coastal Program Amendment No.
45, alter the boundary between the "RETAIL
AND SERVICE COMMERCIAL" use and
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the "SINGLE- FAMILY DETACHED"
residential use; and to change the allocation
of allowable dwelling units.
• Amendment No. 847, amendment to
Districting Map No. 18, consistent with the
previously approved resubdivision of land
(Resubdivision No. 1019) to adjust zoning
district boundaries.
All Ayes
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MOTION CARRIED, 7 Ayes.
SUBJECT: La Salsa Restaurant (applicant, La Salsa
Item 6
Investment, Ltd
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1120 Irvine Avenue
• Use Permit No. 3171 (Amended)
uP 3171A
Change the operational characteristics of an existing, take -out restaurant
Approved
to add incidental alcohol beverage service
Public Hearing was opened.
Chairman Ridgeway stated for the record that he had spoken with John
Hollis Associates on the phone and they stated that they agreed to this
application.
Public Hearing was closed.
Motion
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Motion was made for approval of Use Permit No. 3171 (Amended)
All Ayes
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subject to the findings and conditions in Exhibit A. MOTION
CARRIED, 7 Ayes.
FINDINGS:
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1. The proposed development is consistent with the General Plan
and is compatible with surrounding land uses.
2. The project will not have any significant environmental impact.
3. That the take -out restaurant use can be adequately served by
existing on -site parking, inasmuch as the proposed facility is
located in a shopping center with a large pool of parking.
4. That the proposed alcoholic beverage service is incidental to the
primary food service and does not result in an increase in
intensificationof use.
5. That the previous waiver of development standards as they
pertain to a portion of the required off - street parking (26 spaces),
will be of no further detriment to adjacent properties because of
the existing developed nature of the site and the previous
approval of Use Permit No. 3171 Amended..
6. That the approval of Use Permit No. 3171 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 development shall be in substantial
conformance with the approved plot plan and floor plan, except
as noted in the following conditions.
2. That the service of alcoholic beverages be limited to beer and
wine only.
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3. That the sale of alcoholic beverages be incidental to the primary
food use and be sold in conjunction with the purchase of food
items.
4. That the sale of alcoholic beverages be confined to the interior of
the restaurant.
5. That the hours of operation remain as approved in Use Permit
3171 Amended approved on January 18, 1996.
6. That no live entertainment shall be allowed unless an amendment
to this use permit is approved by the Planning Commission.
7. That all previous conditions of Use Permit No. 3171 Amended
dated January 18, 1996 shall be complied with.
8. 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 20.80.090A of the Newport
Beach Municipal Code.
ADDITIONAL BUSINESS:
Addition
Business
a.) City Council Follow -up - A verbal report by the Acting Planning
Director regarding City Council actions related to planning -
none.
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b.) Verbal report by the Planning Department Manager regarding
Outdoor Dining Permit, Specialty Food Permits, Modification
Permits and Temporary Use Permit approvals - none.
c.) Verbal report from Planning Commission's representative to the
Economic Development Committee - none.
d.) Verbal report from Planning Commission's representative to the
Balboa Peninsula Planning Advisory Committee - Commissioner
Gifford reported that there will be an orientation meeting on May
15th.
e.) Matters which a Planning Commissioner would like staff to
report on at a subsequent meeting - none.
E) Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report - none.
g.) Requests for excused absences - none.
ADJOURNMENT: 8:50 p. m.
Adjournment
MICHAEL KRANZLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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