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HomeMy WebLinkAbout04/18/1996COMMISSIONERS 09 CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: MINUTES ROLL CALL INDEX All Commissioners were present EX- OFFICIO OFFICERS PRESENT: Robin Clauson, Assistant City Attorney Patricia L. Temple, Acting Planning Director ss+ Rich Edmonston, Traffic Engineer Darleen Kuhlmann, Planning Secretary * *r • Minutes of April 4, 1996: Minutes 4/4/96 Motion * Motion was made and voted on to approve, as amended, the April 4, 1996, Planning Commission Minutes. MOTION CARRIED - 6 Ayes, 1 Approved Ayes * * * * * Abstain Abstain Public Comments: None Public * * • 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. :)f :)f COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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 2 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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 • 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. • 3 COMMISSIONERS 0\\0\01rw\ CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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. • 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 * 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 • 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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 * 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 * * * * * MOTION CARRIED, 7 Ayes. * *s 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. • 5 ed COMMISSIONERS 4\*\W<'1 CITY OF NEWPORT BEACH MINUTES April 18i 1996 ROLL CALL INDEX Motion * Motion was made to adopt Resolution No. 1431 recommending approval All Ayes ** * * of Amendment No. 845 to the City Council. MOTION CARRIED, 7 Ayes. . 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 * Motion was made to adopt ResolutionNo. 1432 recommending approval of Street Name Change of a portion of 16th St., and street names changes • 6 I ame COMMISSIONERS A \� CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL INDEX CALL of the private streets for Tentative Tract Map No. 15012. MOTION All Ayes * * * * * CARRIED, 7 Ayes. a ** 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 * * * * * * 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. • 7 COMMISSIONERS A • 9 Fy`c9 9 �f CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL .CALL INDEX 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 • 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 J 8 COMMISSIONERS I �9 CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL INDEX CALL 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. • 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; 9 COMMISSIONERS 4\4S\1QR\iR\01 CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX • 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. • 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 * 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 • 10 COMMISSIONERS I CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL INDEX CALL 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 * * * MOTION CARRIED, 7 Ayes. SUBJECT: La Salsa Restaurant (applicant, La Salsa Item 6 Investment, Ltd • 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 * Motion was made for approval of Use Permit No. 3171 (Amended) All Ayes * * * * * * * subject to the findings and conditions in Exhibit A. MOTION CARRIED, 7 Ayes. FINDINGS: • 11 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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. 12 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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. 13 31 COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES April 18, 1996 ROLL CALL INDEX 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 14