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HomeMy WebLinkAbout05/07/1987REGULAR PLANNING COMMISSION MEETING MINUTES COMMISSIONERS PLACE: City council Chambers TIME: 7 :30 p.m. ym Ai"�E`9G�� 0 DATE: May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX All Commissioners were present. (Chairman Person Present x x x K x X K arrived at 7 :55 p.m.) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney x William R. Laycock Current Planning Administrator Don Webb, City Engineer Dee Edwards, Secretary x x t Minutes of April 23, 1987: Minutes of t ion x Motion was made to approve the April 23, 1987, Planning April 23, 1987 s etain x x Commission Minutes. Motion voted on, MOTION CARRIED. Absent x ,s x Public Comments: Public Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda Planning Director James Hewicker stated that the Planning Commission Agenda was posted on Friday, May 1, 1987, in front of City Hall. James Hewicker, Planning Director, stated that the Request fox applicant, Richard P. Hausman, and the appellant, Continuance Harbor Island Community Association, have requested that Item No. 6, Modification No. 3263 (Appeal) regarding the construction of pool safety fences, be continued to the Planning Commission meeting of May 21, 1987. ion x Motion was made to continue Item No. 6, Modification yes x x x x K K No. 3263 (Appeal), to the May 21, 1987, Planning Absent x Commission meeting. Motion voted on, MOTION CARRIED. +t t x COMMISSIONERS MINUTES May 7, 1987 \� \\ CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3266 (Public Hearing) (Item No.1 Request to establish a take -out restaurant with inci- UP3266 dental seating on property located in the P -C District where a Planned Community Development Plan has not been Approved adopted. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: A portion of Record of Survey No. 11 -34, I located at 251 Shipyard Way, in the southwesterly portion of the Lido Peninsula. ZONE: P -C APPLICANTS: Clarissa and Richard H. Dodd, Newport Beach OWNER: Curci- Turner Co., Newport Beach • James Hewicker, Planning Director, stated that the subject take -out restaurant is for the purpose of providing food service for tenants and residents of the Lido Peninsula area. He further stated that because the applicant has advised that there will be no effort to advertise outside of the area, staff is recommending the waiver of a portion of the required off - street parking spaces. The public hearing was opened in connection with this item, and Ms. Clarissa Dodd, applicant, appeared before the Planning Commission, and she presented a brief summary regarding the subject application. Ms. Dodd stated that there is a need for a breakfast and lunch take -out restaurant in the Lido Peninsula area for the local residents and the tenants of the businesses in the surrounding area. Ms. Dodd concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 3 wherein she requested that the hours of operation be amended so that she may open for business by 6:00 a.m. when many of the employees arrive at the shipyards, and that she be permitted to remain open after 3:30 p.m. on occasion so that she may cater to special events • involving Lido Peninsula businesses periodically during the year. Discussion followed between staff and the Planning Commission regarding the opening and closing -2- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 7, 1987 ROLL CALL INDEX hours of the business and the ample parking spaces. Commissioner Pomeroy suggested that the take -out restaurant be restricted to the hours between 6:00 a.m. and 3:30 p.m. daily except for infrequent evenings for catering purposes. Mr. Richard Dodd, applicant, appeared before the Planning Commission in response to a question posed by Commissioner Merrill regarding parking lot lights. Mr. Dodd replied that only portions of the parking lot are lighted. Ms. Clarissa Dodd reappeared before the Planning Commission and referred to Condition No. 9 regarding the necessity of the installation of a trash compactor. She stated that because the major portion of the food served will be pre - packaged, the take -out restaurant will not be generating a large quantity of trash; therefore, the trash could be disposed of into plastic bags and then transferred into a Dewey Dumpster. Acting Chairman Koppelman explained that the Planning Commission has previously required take -out restaurants to install trash compactors. In response to Ms. Dodd's concerns regarding the installation of a trash compactor, Mr. Hewicker addressed considerations regarding the subject take -out restaurant that are not typical operational characteristics of franchise take -out restaurants; specifically that the take -out restaurant will be occupied within a small space within a building that provides Dewey Dumpster services for all of the tenants. In response to a question posed by Commissioner Debay, Ms. Dodd replied that the take -out restaurant will utilize styrofoam cups. Commissioner Debay stated that because the Styrofoam cups are not biodegradable the cups could create a litter problem; therefore, a trash compactor installed inside the restaurant would be a good idea. There being no others desiring to appear and be heard, the public hearing was closed at this time. tion x Motion was made to approve Use Permit No. 3266 subject to the findings and conditions in Exhibit "A ", including modified Condition No. 3 which would state "that the operation of the facility shall be restricted -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 7, 1987 ROLL CALL I I Jill INDEX to the hours between 5:30 a.m. and 3:30 p.m. daily except for infrequent occasions for catering purposes." Commissioner Winburn stated that she would recommend that Condition No. 9 regarding the trash compactor remain as a condition because the Planning Commission has been recommending trash compactors with frequency and that she would like to be consistent with that recommendation even though Condition No. 12 states that the Planning Commission may bring back the use permit at a later date if the operation is not operating satisfactorily. Amendment Commissioner Pomeroy asked the maker of the motion to to Motion consider an amendment that would specify that the trash compactor be installed within 120 days of the opening of the restaurant so that the additional expense could be deployed by the income from the restaurant but would still be a requirement. Commissioner Winburn agreed to the amendment to the motion. S x K K x x Motion voted on to approve Use Permit No. 3266 subject ent x to the findings and conditions in Exhibit "A ", including aforementioned modified Condition No. 3 and Condition No. 9. MOTION CARRIED. FINDINGS 1. That the proposed take -out restaurant is consis- tent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That_ the waiver of a portion of the required parking spaces for the proposed take -out restaurant is justified inasmuch as said operation is not a destination use which will increase the parking demand for the site. 4. That the waiver of the development standards as they pertain to traffic circulation, walls, parking lot illumination, landscaping and utilities will be of no further detriment to adjacent properties inasmuch as the site has been • developed and the structure has been in existence for many years. -4- COMMISSIONERS MINUTES p May 7, 1987 to �G CA �A CITY OF NEWPORT BEACH ROLL CALL INDEX 5. The approval of Use Permit No. 3266 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor -. mance with the approved plot plan and floor plan. 2. That no cooking of food shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 3. That the operation of the facility shall be restricted to the hours between 5:30 a.m. and 3:30 p.m. daily, except for infrequent occasions for catering purposes. 4. That the development standards pertaining to traffic circulation, walls, landscaping, util- ities, parking lot illumination and a portion of the required parking spaces shall be waived. 5. That no alcoholic beverages shall be sold on the premises unless the Planning Commission approves an amendment to this use permit. 6. That trash receptacles for patrons shall be located in convenient locations both inside and outside the building. 7. That all exterior building lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 8. That all mechanical equipment and trash areas • shall be fully screened from view. 9. That a trash compactor shall be installed within 120 days of the opening of the take-out restaurant facility. -5- COMMISSIONERS MINUTES y A� G10 A°�m May 7, 1987 y CITY OF NEWPORT BEACH ROLL CALL INDEX 10. That the subject take -out restaurant shall be limited to 9 tables and 28 chairs for incidental seating purposes. 11. That a minimum of two employee parking spaces shall be provided ow-site and that employees of the restaurant shall be required to park on -site. 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 use permit, 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. A. Use Permit No. 3267 (Public Hearing) Item No.2 UP 3267 Request to permit the construction of a two unit residential condominium development with related garages and carports, on property located in the R -2 8847 District. — Approved AND B. Resubdivision No. 847 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property in the R -2 District. LOCATION: Lot 10, Block 736, Corona del Mar, located at 708 Iris Avenue, on the southeasterly side of Iris Avenue, between Fourth Avenue and Fifth Avenue, in Corona del Mar. ZONE: R -2 -6- COMMISSIONERS MINUTES May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Dave Lindsley, Newport Beach - OWNER: Robert Hardesty, San Diego ENGINEER: Alpine Consultants, Inc., Costa Mesa The public hearing was opened in connection with this item, and Mr. Todd Schooler, 503 - 32nd Street, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler stated that the applicant concurs with the findings and conditions in Exhibit "A "; however, he questioned Condition No. 4 requesting the recordation of a covenant stipulating that no more than two dwelling units shall be provided on the property. James Hewicker, Planning Director, explained that after reviewing the floor plans of the subject project, staff felt that there could be that possibility that the master bedroom and bath with an outside entrance could be converted into an additional unit. He further explained that the definition of a dwelling unit makes no reference to a kitchen. Mr. Hewicker stated that staff has previously requested on other projects with potential illegal dwelling units that an applicant redesign a bedroom facility so as to eliminate a tub or a shower so that a half bath would remain; or that the applicant open the room up in such a manner that would be readily accessible to the structure; or that the applicant record a covenant to restrict the number of dwelling units on a site; or deny the issuance of a building permit and the applicant could then appeal staff's decision to the Planning Commission and City Council. In response to a question posed by Mr. Schooler, Mr. Hewicker replied that the covenant would put future property owners on notice that more than two dwelling units would be illegal. Mr. Hewicker concurred with Mr. Schooler's comment that the same rules would apply to a single family dwelling as to a condominium unit. In response to a question posed by Commissioner Pomeroy regarding an illegal rented unit without the covenant vs. with the covenant, Carol Korade, Assistant City Attorney, replied that in either situation, the • law would require the property owner to return an illegal dwelling unit back into conformance with the Zoning Code. -7- COMMISSIONERS MINUTES May 7, 1987 O t^ CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Person commented that there are many illegal units existing on the Balboa Peninsula and throughout the City that.are never noticed. Mr. Tom Christensen, 710 Iris Avenue, appeared before the Planning Commission, and he asked if the proposed deck is within the front yard setback area. Mr. Todd Schooler reappeared before the Planning Commission and he replied that the "deck" is a patio at grade. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3267 and All Ayes Resubdivision No. 847, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. Use Permit No. 3267 • FINDINGS: 1. That each of the proposed units has been designed as a condominium. 2. The project is consistent with the adopted goals and policies of the General Plan. 3. That an adequate number of on -site parking spaces will be provided for the residential condominium development. 4. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval. 5. The approval of Use Permit No. 3267 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. _g_ COMMISSIONERS MINUTES May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: - - 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations. 2. That one tandem garage space and one carport space for each dwelling unit shall be maintained for vehicular storage at all times. 3. That the gross structural area of the development_ shall not exceed 3,348 square feet. 4. That the applicant shall record a covenant stip- ulating that no more than two dwelling units shall be provided on the property. 5. That all conditions of approval of Resubdivision No. 847 shall be fulfilled. 6. 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. Resubdivision No. 847 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision 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 subdivi- sion. -9- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 7, 1987 1WROLL CALL I I I I I I I I INDEX C] u CONDITIONS: 1. That a parcel map shall be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map prior to completion of the public improvements. 4. That each dwelling unit be served with an indivi- dual water service and sewer lateral connection to the public water and sewer systems unless other- wise approved by the Public Works Department. 5. That the deteriorated sidewalk and deteriorated portion of gutter be reconstructed along the Iris Avenue frontage under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from the adjacent alley. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That an additional 6 foot easement for sewer purposes be dedicated to the City in order to provide a 10 foot easement for sewer purposes; that the building structure have a minimum over- head clear distance from finished grade of 9 feet with sides of the garages open at the easement; that no building footings encroach into the proposed 10 foot easement; and that all building footings adjacent to the easement be extended to be below a 1 :1 slope from flow line of pipe to edge of easement. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. x w � -10- COMMISSIONERS MINUTES May 7, 1987 CITY OF NEWPORT BEACH . ROLL CALL INDEX Use Permit No. 3268 (Public Hearing) Item'No.3 Request to permit the establishment of a take -out UP3268 restaurant on property located in the C -O -H District, in Fashion Island. The proposal also includes a Approved request to waive a portion of the required off - street parking spaces. LOCATION: A portion of Lot J, Tract No. 6015, located at 553 Newport Center Drive, on the southerly side of Newport Center Drive, between Santa Cruz Drive and Santa Rosa Drive, in Fashion Island. ZONE: C -O -H APPLICANTS: Nancy and Dewayne Kirksey, Newport Beach OWNER: The Irvine Company, Newport Beach James Hewicker, Planning Director, stated that the the • subject take -out restaurant, "Sweet Life Cookies and Bake Shop ", is moving to a new tenant space which is adjacent to the space that they are currently occupying in Newport Center. The public hearing was opened in connection with this item, and Mrs. Nancy Kirksey, applicant, appeared before the Planning Commission. Mrs. Kirksey stated that she concurs with the findings and conditions in Exhibit "A ", with the exception of Condition No. 7 which requires the installation of a trash compactor. Mrs. Kirksey indicated that the shopping center mall provides trash service, a dumpster is provided behind the subject take -out restaurant, and that there is trash pick -up six days a week. She said that during the past five years that the take -out restaurant has been in operation there has never been a problem with the trash service. In response to a question posed by Commissioner Debay, Mrs. Kirksey replied that The Irvine Company has requested that the take -out restaurant move adjacent to their current location because of the leasing plan, and that the applicant is attempting to curtail expenses by • not installing a trash compactor. Commissioner Merrill pointed out that the food is carried out of the facility into the mall, and the only trash that is created by the take -out restaurant would -11- COMMISSIONERS MINUTES o p May 7, 1987 y� �06G,ot�� Gay ,c�9ff O �99y CITY OF NEWPORT BEACH ROLL CALL INDEX be from their own supplies. In response to a question posed by Commissioner Koppelman, Mrs. Kirksey replied that the restaurant's trash is put into plastic bags and then taken to the dumpster. In response to a question posed by Mr. Hewicker, Mrs. Kirksey replied that the County Health Department has generally required only commercial trash compactor fixtures and has not permitted the installation of residential trash compactor fixtures. Commissioner Pomeroy pointed out that the maintenance personnel appear to pick up trash frequently in the mall area. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Commissioner Winburn, Mr. Hewicker replied that the operational characteristics of the subject restaurant are not the • same as the previous restaurant that occupied the subject site. Mr. William Laycock, Current Planning Administrator, stated that the subject take -out restaurant should have had a use permit for their existing operation inasmuch as their operation changed from a bakery only to serving additional food and beverages. Motion x Motion was made to approve Use Permit No. 3268, subject All Ayes to the findings and conditions in Exhibit "A" with the exception of the deletion of Condition No. 7, "that a trash compactor shall be installed in conjunction with the take -out restaurant facility." Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. • 3. That the Police Department does not foresee any problems with the project. -12- COMMISSIONERS MINUTES yA �?�� May 7, 1987 mG pv 99�C �9L ��9� CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the waiver of the development standards as they pertain to traffic circulation, walls, landscaping, utilities, and a portion of the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 5. The approval of Use Permit No. 3268 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing. and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in. substantial confor- mance with the approved floor plans and • elevations. 2. That the development standards pertaining to traffic circulation, walls, landscaping, utili- .ties, parking lot illumination and a portion of the required parking spaces (32 spaces) shall be waived. 3. That seven (7) parking spaces shall be required. 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. 6. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 7. Deleted. 8. That no grill shall be installed unless an amendment to this use permit is approved by the Planning Commission at a later date. Said • amendment could require the addition of kitchen exhaust fans and grease interceptors. -13- COMMISSIONERS MINUTES May 7, 1987 10 CITY OF NEWPORT BEACH �� 9y ROLL CALL INDEX 9. 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. 10. That all mechanical equipment and trash areas shall be screened. 11. 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. 12. 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. x * x A. Use Permit No. 3269 (Public Hearing) lItem No.4 Request to permit the construction of two, two -unit UP3269 residential condominium developments with related garages and carports on property located in the R -2 R789(Ext) District. AND Approved B. Resubdivision No. 789 (Extension) (Discussion) Request to extend a previously approved resubdivision which permitted the establishment of two parcels of land for residential condominium purposes. LOCATION: Lots 13 and 15, Block 636, Corona del Mar Tract, located at 613 and 615 Jasmine Avenue, on the northwesterly side of Jasmine Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar. • ZONE: R -2 -14- COMMISSIONERS MINUTES 0,0 May 7, 1987 mG 9a �9 f a vs, CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: William Feldner, Newport Beach OWNER: Bert W. Tarayao, Newport Beach ENGINEER/ ARCHITECT: Same as owner The public hearing was opened in connection with this item, and Mr. Bruce Manzer, 3190J Airloop Drive, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. Manzer stated that the applicant concurs with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3269 and Resubdivision No. 789 (Extended) subject to the All Ayes findings and conditions in Exhibit "A ". Motion voted • on, MOTION CARRIED. Use Permit No. 3269 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. . 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium projects. • 6. The approval of Use Permit No. 3269 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, -15- COMMISSIONERS � 9 99 A9 Nay !! O �9 vy CITY OF NEWPORT BEACH . MINUTES May 7, 1987 ROLL CALL I 1 1111 INDEX comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, section and elevations, except as noted below. 2. That all conditions of approval of Resubdivision. No. 789 be fulfilled. 3. That one garage space and a minimum of one carport space shall be provided for each dwelling unit. 4. That the gross floor areas of each of the proposed structures shall be reduced so that the proposed buildings do not exceed 3,348 sq.ft. (1.5 times the buildable areas of the two lots). 5. That the deteriorated sidewalk along the Jasmine Avenue frontage be reconstructed under an encroachment permit issued by the Public works Department. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. 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. Resubdivision No. 789 (Extended) CONDITIONS: 1. That all previous applicable conditions of appro- val of Resubdivision No. 789 as established on November 8, 1984 shall be fulfilled. 2. That this resubdivision shall expire if the map has not been recorded on or before November 29, 1989. x -16- COMMISSIONERS dG 9N 9�9� A v, CITY OF NEWPORT BEACH MINUTES May 7, 1987 ROLL CALL I I III INDEX Use Permit No. 3005 (Amended)(Continued Public Hearing) Item No.5 UP3005A Request to amend a previously approved use permit which allowed the establishment of an automobile rental facility on property located in the C -1 -H District. Continued The proposed amendment includes a request to install a trailer which will be utilized for sales offices on a to May 21, ` temporary basis; to install an automobile wash rack; 1987 and to revise the previously approved parking 'and circulation plans. LOCATION: Lots 1 and 2, and a portion of Lot 3, _ Tract No. 1210, located at 200 West Coast Highway, on the northwesterly corner of Dover Drive and West Coast Highway, in the vicinity of the Newport Bay Bridge. ZONE: C -1 -H APPLICANTS: Peter Martin and Anne Slemons, dba • Newport Benz /Clenet Car Co., Newport Beach OWNER: Leonard Horwin, Beverly Hills James Hewicker, Planning Director, and Chairman Person discussed the quasi- judicial legal procedure as explained by the City Attorney's office if the Planning Commission set for public hearing the revocation of Use Permit No. 3005. In response to a question posed by Chairman Person, Mr. Jerry King appeared before the Planning Commission and stated that he had recommended to the applicants that they would not be required to attend the subject public hearing. Chairman Person stated that he would be making a motion to continue the subject public hearing, and he requested that the applicants attend that hearing. .Mr. King referred to a petition signed by neighbors of the subject establishment regarding a neighborhood concern, and he stated that he would be attending the Bayshores Homeowner's Association Board Meeting to explain the changes in the subject application. He commented that the applicants are in compliance with the prior applications. The public hearing was opened in connection with this item. -17- COMMISSIONERS MINUTES t"�te�G1p�0 May 7, 1987 mG 9w 99 � A�q� CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Jerry A. King, 3187 Airway, Costa Mesa, appeared before the Planning Commission on behalf of the applicants. Mr. King stated that staff has now received drawings consisting of the relandscaped plan, the full site plan that reveals that the entire project can be parked adequately and legally, and the washout area. He stated that all of the conditions of the previously approved Use Permit can and will be met. Chairman Person emphatically stated that it is important that the applicants appear before the Planning Commission at the continued public hearing, . because the applicants have not been listening to staff regarding illegal practices wherein the applicants have advised staff that those illegal practices would cease. Commissioner Winburn recommended that the applicants be given a date that they must come into compliance with landscaping and parking lot striping or the Planning Commission may recommend to the City Council the revocation of Use Permit No. 3005. Mr. King explained that when the applicants took possession of the property, they removed old landscaping, and that staff has requested an up -dated landscape plan. He commented that the redesigned parking plans show redesignated parking spaces that shows the entire site. Chairman Person made a motion to continue Use Permit No. 3005 (Amended) to the Planning Commission meeting of May 21, 1987, and asked staff to put the item on the agenda for setting for revocation hearing and leave the revocation before the Planning Commission. He further commented that the aforementioned comments presented by Commissioner Winburn must be complied with immediately, except for the issues that would be coming before the Planning Commission under the subject amended use permit. Mr. King commented that Use Permit No. 3005 does not restrict washing automobiles on the subject site; however, he stated that the applicants have been instructed not to do so and that they are complying with that request. Mr. King explained that the applicants are not under any legal obligation not to wash automobiles except what may be imposed upon them by the State for any run -off that may end up in the bay. -18- COMMISSIONERS MINUTES °0� May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a comment posed by Mr. King, Chairman Person stated that landscaping and parking lot striping are under the subject use permit; however, there are conditions under Use Permit No. 3005 regarding available on -site parking which have been consistently violated. Commissioner Merrill pointed out that servicing could include washing automobiles and is precluded without a use permit. Commissioner Koppelman stated that she will find it difficult to approve the subject amended use permit if there are any additional problems that are going to be occuring in the next two weeks under the original use permit. She stated that she would support the revocation of the original use permit because there is not another way to make the point to the applicants. Mr. King replied that the applicants have received the message that they must comply with all conditions within the next two weeks. The motion was reworded to state that Use Permit No. 3005 (Amended) public hearing would continue to the May 21, 1987, Planning Commission meeting, and also have on the agenda, the ability for the Planning Commission to set for public hearing the revocation of Use Permit No. 3005. Chairman Person explained that this is so the entire public hearing would not have to go through the quasi - judicial procedure. In response to comments posed by the Planning Commission, Carol Korade, Assistant City Attorney, stated that if Use Permit No. 3005 would be set for revocation, it would be necessary to have a court reporter and the witnesses and Code Enforcement officers present who have observed illegal practices. She recommended that it would be in everyone's best interest to determine whether or not the Planning Commission is going to go forward with the revocation proceedings before requesting the presence of those parties. Mr. Hewicker clarified the motion by stating that the public hearing could be held first on Use Permit No. • 3005 (Amended), and then at the conclusion of that hearing, it would be determined if the Planning Commission wanted to grant Use Permit No. 3005 (Amended). He said that on the assumption that one of -19- COMMISSIONERS MINUTES May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX the reasons for not granting the amendment would be because of the problems from Use Permit No. 3005, then the Planning Commission could instruct staff to schedule the original Use Permit No. 3005 for revocation. In response to a question posed by Commissioner Winburn, Mr. King replied that several of the automobiles that have been reported as parked illegally are automobiles that are being driven by persons directly related to the establishment; however, he commented that one automobile that has been consistently parked illegally will be moved. Chairman Person emphatically emphasized the importance that the applicants appear before the May 21, 1987, Planning Commission meeting, so as to hear the Commission's concerns. In response to a question posed by Commissioner Winburn, Mr. King replied that the previous requests for continuances by the applicant have been because of the corrections and compliances that were needed to finalize the plans. Motion x Motion was made to continue Use Permit No. 3005 All Ayes (Amended) to the May 21, 1987, Planning Commission meeting and that staff have the ability to set Use Permit No. 3005 for revocation if the Planning Commission sees fit to do so at that time. Commissioner Merrill commented that the applicants have installed signs on the subject site regardless of the compliance of many of the conditions. Motion voted on, MOTION CARRIED. �e • -20- COMMISSIONERS MINUTES May 7, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX Modification No. 3263 (Appeal) (Public Hearing) - Item No.6 Request to permit the construction of tempered glass Mod No.3263 and masonry pool safety fences along both side property (Appeal) lines which will encroach 15 feet into the required 15 foot front yard setback adjacent to the bay. Said Continued fences will range in height from 5 feet to 5 feet 9 to May 21, inches in the front yard setback area where the Munici- 1987 pal Code limits the height of fencing in front yard setback areas to no more than 3 feet. Said fences will also extend beyond the front property line to the existing bulkhead on County tidelands property. A tempered glass wall will also be installed to a height of 3 feet above the existing sea wall on County tide- lands property. LOCATION: Parcel 2 of Parcel Map No. 182 -43 (Resubdivision No. 748), located at 19 Harbor Island, on the southwesterly side of Harbor Island. ZONE: R -1 APPLICANT: Richard P. Hausman, Newport Beach OWNER: Same as applicant APPELLANT: Harbor Island Community Association, Newport Beach Motion x Motion was made to continue this item to the May 21, Ayes x x x x x K 1987, Planning Commission meeting as requested by the Absent x applicant and the appellant. Motion voted, MOTION CARRIED. x � t -21- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 7, 1987 ROLL CALL INDEX DI S C U S S I O N I T E M: Discussion Item Request to consider amending Chapter 20.73 of the Newport Beach Municipal Code so as to delete the Chapter requirement of use permits for residential condominium 20.73 projects. PH set for INITIATED BY: The City of Newport Beach June 4, 1987 Motion was made to set this item for public hearing on Motion x the June 4, 1987, Planning Commission meeting. Motion All Ayes voted on, MOTION CARRIED. A D D I T I O N A L B U S I N E S S: Additional Business James Hewicker, Planning Director, stated that staff has received three copies of memorandums from Sansone Councilman Sansone. Two memorandums were addressed to Memos the Chairman of the Planning Commission and one memorandum was addressed to the City Manager with a copy to the Planning Commission. In reference to the memorandums addressed to the Planning Commission, Mr. Hewicker stated that one memorandum suggests the restriction of R -3 lots in Old Corona del Mar to eliminate the possibility of those parcels being used for bed and breakfast facilities, and the second memorandum suggests changing the rear yard setbacks in Old Corona del Mar to provide for an eight foot rear yard setback adjacent to an alley instead of the current five foot rear yard setback. Mr. Hewicker indicated the three ways that an amendment to the Municipal Code can be initiated: on motion of the Planning Commission; on motion of the City Council; or when a property owner requests an amendment to the Municipal Code. Chairman Person made a motion that the memorandums Motion x addressed to the Planning Commission be put on the May All Ayes 21, 1987, Planning Commission agenda so that the Planning Commission may discuss same. Motion voted on, MOTION CARRIED. In reference to the memorandum that Councilman Sansone addressed to the City Manager, Mr. Hewicker advised that he would be responding to Item "C" regarding -22- COMMISSIONERS foo °F� • �$ °y `` °� ;qy CITY OF NEWPORT BEACH MINUTES May 7; 1987 ROLL CALL INDEX employee parking at a nail salon on East Coast Highway and Poinsettia Avenue, and that he would forward copies of same to the Planning Commission. * x e Commissioner Winburn and Commissioner Debay were Winburn and Motion x excused from the May 21, 1987, Planning Commission Debay All Ayes meeting. Motion voted on, MOTION CARRIED. - excused Commissioner Koppelman and Commissioner Merrill Koppelman indicated that they may be absent from the May 21, and 1987, Planning Commission meeting; however, they stated Merrill that they would contact staff by noon on Friday, May 15, 1987, of their intent. A D J O U R N M E N T: 8:45 p.m. Adjournment • rr x x HARRY O. MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -23-