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HomeMy WebLinkAbout06/05/1997I* • • CITY OF NEWPORT BEACH Planning Commission Minutes June 5, 1997 Regular Meeting - 7:00 p.m. . ROLL CALL Present: Commissioners Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich and Ashley - all present STAFF PRESENT: Sharon Z. Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager Niki Kallikounis,Secretary, Planning Department Minutes of May 22, 1997: Motion was made by Commissioner Kranzley and voted on to approve, as amended, the May 8, 1997 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich Noes: none Absent: none Abstain: Ashley Public Comments: none Posting of the Aaenda: The Planning Commission Agenda was posted on Friday, May 30, 1997 outside of City Hall. Minutes Public Comments Posting of the Agenda City of Newport Beach Planning Commission Minutes June 5, 1997 SUBJECT: 1000 Bristol Street North, Vogue Salon and Spa • Use Permit No. 3609 To allow the establishment of an independent massage use as an accessory use in an existing personal service beauty salon. Planning Director Temple stated that Staff had no comments to add beyond the Staff report. Commissioner Kranzley asked if there is a condition that limits the square footage and the number of rooms. Planning Director Temple noted, due to the operational characteristics presented to the Staff, two rooms are proposed with one technician, and Staff felt the issue of the single technician was the most pertinent to condition on. A condition can be added that also limits the square footage and number of rooms as well. Commissioner Selich noted on page 8 of the Staff report there is a parking table. He asked if any waivers have been granted for any uses on that property. Planning Director Temple stated she does not directly know but does not believe there ever have been any waivers granted as they would have been reflected in the table. • Commissioner Fuller noted it his understanding that it is limited to one technician and asked if that is correct. Planning Director Temple noted the conditions of approval would limit one technician on site at any time. Commissioner Fuller asked how this was monitored. Planning Director Temple stated that the condition is there to allow for enforcement in the event the business becomes a problem. Commissioner Gifford stated only permitted technicians can work there, and one way to monitor it is if there were more than one technician, they would not be able to get a permit to work there. She also noted another way to monitor it is if they have an un- permitted technician, they would be violating other provisions of the City's code as well. Commissioner Ridgeway noted, on page 4, paragraph 2, there is a typo reflecting 3 parking spaces required and he thinks it should be 9 or 10 spaces. Commissioner Adams noted that 720 square feet divided by 250 is 2.88. Commissioner Ridgeway noted the square footage of the space is 2300. Planning Director Temple stated that 2300 square feet is the square footage of the entire salon. The two numbers are for the whole salon and the number related directly to the massage area within it. Commissioner Adams stated the massage area is 720 square feet so the three spaces are for the massage area. Public Hearing was opened. Bianchini Donato, the owner of Voge Salon and Spa stepped forward. Commissioner Adams asked Mr. Donato if he read the conditions of approval. Mr. Donato stated he did. Commissioner Adams asked him if he understood • and agreed with them. Mr. Donato stated he did and understood them pretty INDEX Item No. i UP No. 3609 Approved • City of Newport Beach Planning Commission Minutes June 5, 1997 much so. Commissioner Adams asked if he had a problem with them because he stated, "pretty much so ". Mr. Donato stated he did not have a problem with them. Mr. Donato stated the square footage devoted to the massage parlor was much less that 720 and it will probably be around 200 square feet at the very most. Mr. Donato stated he wishes the City of Newport Beach will allow them to do massages in the salon. Commissioner Kra nzley asked why two rooms for one technician. Mr. Donato stated there is one massage technician and that most of the services in the two rooms are related mostly to skin care versus massage. For clarification, Commissioner Adams asked again why two rooms are needed versus a single room. Mr. Donato stated they perform skin care services in the two rooms. Commissioner Adams stated that what Mr. Donato was saying is he wants the technician to be able to use either one of the two rooms. Commissioner Fuller asked regarding the expanded hours and if they were to Mr. Donato's benefit. Mr. Donato stated they did not expand the that much; they extended them from 6:45 p.m. to 7:30 p.m. Public Hearing was closed. Commissioner Adams asked Staff regarding the suggestion of expanding the hours 8 a.m. to 8 p.m., seven days a week. Planning Director Temple noted this question has arisen often times before. Typically a reasonable hour is established that might allow some flexibility in business operations. From time to time, businesses like this sometimes have new clients coming in earlier in the morning or later for special events or occasions, so some flexibility is usually required. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3609. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich, Ashley Noes: none Absent: none Abstain: none Findings: That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial" use and an independent massage establishmentis a support use permittedwithin this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the proposed massage establishment will not be contrary to the public interest or injurious to nearby properties and is consistent with the legislative intent and the location requirements for massage • establishments established in Chapter 20.87 of the Municipal Code for INDEX City of Newport Beach Planning Commission Minutes June 5, 1997 the following reasons: • That the massage establishment is not within 500 feet of a public or private school, park or playground, civic center, cultural site or church site. • That the massage establishment is not within 500 feet of any other massage establishment. • That the massage establishment is part of a larger, full service salon, which is a use typically found in commercial districts. 4. That the approval of Use Permit No. 3609 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • That the proposed operation of the massage establishment, is an accessory use to a beauty salon, and is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. • That adequate on -site parking is available for the existing and proposed uses. • Conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That the project shall comply with State Disabled Access requirements. 3. That only one licensed massage technician shall be permitted to operate within the facility at any one time, and the addition of any additional massage technicians to the business shall be subject to an amendment to this Use Permit. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer, should any changes be made to the existing configuration. 5. That the hours of operation shall be limited between the hours of 8:00 a.m. and 8:00 p.m., daily, and shall also be subject to the operational requirements provided in Chapter 5.50 of the Municipal Code. 6. That all applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled. That at least one parking space for each 250 sq.ft. of gross floor area shall be provided on site for the proposed facility. • INDEX • City of Newport Beach Planning Commission Minutes June 5, 1997 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. 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. SUBJECT: Newport Harbor Lutheran Church 798 Dover Drive • General Plan Amendment No. 95 -2(E) • Local Coastal Program Amendment No. 47 • Amendment No. 860 • Development Agreement No. 10 • Planning Director Temple stated this package of requests for Newport Harbor Lutheran Church are related to a land exchange agreement between the City and the Church for the purpose of establishing parking and access to the Castaways park on the Upper Castaways' property along Dover Drive in Newport Beach. The City and Church have been discussing the terms and conditions within which the Church would be willing to make the exchange for a number of months. This particular item is being brought forward to the Commission in order to facilitate the land exchange in a timely manner with the actual construction of the park and the implementation of the access. In order to approve the project, the City must amend the General Plan, and the Local Coastal Plan, adopt Planned Community District Regulations, and to approve a Development Agreement. As envisioned by the Development Agreement and proposed in the General Plan Amendment, a level entitlement of 40,000 square feet for additional Church development is proposed. This will allow an approximate 30,000 square foot addition to the existing physical plant of the Church for a broad range of Church related uses. The Local Coastal Amendment is needed for the same purpose. The adoption of Planned Community District Regulations proposed in Amendment No. 860 will establish the specific development regulations and parameters within which the Church can implement the additional development. The Development Agreement sets out clearly the rights and responsibilities of both parties, the City of Newport Beach and the Newport Harbor Lutheran Church, not only as the land exchange is implemented, but as the improvements to the Church property committed to by the City are constructed, as well as the City's rights and responsibilities as the Church • brings its development projects forward in future years. As to the specific INDEX Item 2 Newport Harbor Lutheran Church General Plan Amendment No. 95- 2(E) Local Coastal Program Amendment No. 47 Amendment No. 860 Development Agreement No. 10 Recommended for Approval • City of Newport Beach Planning Commission Minutes June 5, 1997 planning concerns which the program represents them, most important considered by the staff is the long term parking requirement for the church. Because Staff has no information regarding the specific uses to be added at the Church, the City and the Church have committed to a modest level of subsequent review through the site plan review process for major facility additions. However, most of the entitlements can be implemented by the Church through the administrative approval of a building permit. The key feature in terms of the development regulation is the limitation that the uses on site will not have a peak parking demand beyond the parking supply of 163 spaces. Additionally there is a provision in the Development Agreement which allows the Church to make use of the City parking lots in overflow and peak periods. Commissioner Adams asked Planning Director Temple to step up to the map and point out the areas which are being discussed. He also asked Traffic Engineer Rich Edmonston regarding the parcel along Dover, if it was for an access road that would parallel Dover. Traffic Engineer Edmonston stated the parcel the City will be acquiring along Dover will be used for a parking lot for the Castaways passive park. Commissioner Adams asked if it is not for access to the passive park to the South. Traffic Engineer Edmonston responded that it was only by foot. • Planning Director Temple noted there is a revised Planned Community Text which makes some modest modifications to that which was received in the Commissioners' agenda packet. It includes a small scale version of the map on display which was omitted from the original package; there are some editing changes but no substantive changes from the one the Commissioners received in their package. Planning Director Temple noted the differences are that a Table of Contents was added and a list of figures was omitted because there is only one figure. A map was added and formatting changes make sure that all titles are on the top of pages. There are no changes to the body text. Planning Director Temple pointed out, on the map, the current site of Newport Harbor Lutheran Church, Castaways Lane (formerly 16th Street), the new Bob Henry park, the new Castaways passive park, and the surrounding Castaways residential development. She noted, the City, in order to implement access and parking for the passive Castaways Park, needed to achieve access since none was available through Castaways Lane. The Coastal Commission denied a proposal to create access from Cliff Drive up to the parcel. Staff was left with no alternative but to work with Newport Harbor Lutheran Church to achieve access through their property. The exchange will involve two parcels of land. One is currently owned by the Church and will come to the City and will create the access point for the park and a driveway with parking on either side to a cul -de -sac turn - around. The City's new parcel is an irregularly shaped parcel which is currently the • Dover frontage of the Church. In exchange, the City is transferring to the INDEX • City of Newport Beach Planning Commission Minutes June 5, 1997 Church, a parcel to replace the lost parking. As noted in the Development Agreement, the City is also agreeing to totally construct the Church's parking lot and make other on site improvements. Commissioner Adams asked if the cul -de -sac was just a drop off, or what the purpose of it is. Planning Director Temple stated it was to create a turn around /drop off point. Commissioner Adams asked if there is access from that road to the Church parking lot. Planning Director Temple stated there is an access. The City's parking lot attaches to a trail system that would lead the patrons into the park. Commissioner Adams asked if someone comes into the cul -de -sac in an automobile, do they proceed onto the passive park or do they just turn around to drop people off and go someplace to park? Planning Director Temple stated there is parking for the park on either side of the access way. The purpose is for both parking and access for the park, as well as replacement parking for the Church. Commissioner Adams asked if there will be two separate drive ways. Planning Director Temple responded yes. Commissioner Adams asked it the City Traffic Engineer is comfortable with their distance from the main intersection and their proximity to one another. Traffic Engineer Edmonston responded they reviewed it and the locations are satisfactory. Commissioner Fuller asked if his understanding that the total parking spaces is • 163 was correct. Planning Director Temple stated the total parking spaces on the Church property will be 163, and that is achieved through the smaller main parking lot, the new side parking lot and an additional parking lot at the rear of the Church which the City is also improving. Commissioner Fuller stated it his understanding that 140 spaces are allocated to the main parking lot and asked if the main parking lot include what is left of the existing parking lot and the City parcel that will be acquired. Planning Director Temple stated yes, and there will be another 23 spaces at the back of the Church. Commissioner Fuller stated there are only 15 spaces there, and perhaps on Exhibit C there are 23 spaces there, but there are only 15 existing spaces there right now. Planning Director Temple stated that all the parking locations are being build out, the City will be fully improving all of the parking for the Church. Commissioner Fuller noted for clarification that the second parking lot will be expanded from its present configuration and asked if that is correct. Planning Director Temple stated yes. Commissioner Fuller asked if there will be a delineation between the new City parking lot, and the main parking lot. Planning Director stated yes there will be a fence. Commissioner Fuller asked if there is a reciprocal parking for the public to park in the Church's lot. Planning Director Temple stated there is not. Commissioner Ridgeway asked Planning Director Temple to explain how the access to the passive park was determined. Planning Director Temple explained that the original plan had access from Cliff Drive. However, the Coastal Commission would not approve access which would require elimination of the wetland adjacent to Dover Drive. The only way the City is could avoid the wetland was to create access from 16th Street, now INDEX • City of Newport Beach Planning Commission Minutes June 5, 1997 Castaways Lane. Commissioner Ridgeway asked if this agreement was not approved, could we go back to the Coastal Commission and try to renegotiate an access. Planning Director Temple stated that would be possible. Commissioner Selich commented, after looking at the zoning map, the entire area from PCH to the Bluffs to Dover Drive up to the homes on the other side of the Taylor Woodrow project is all zoned Planned Community. He asked if it was unusual that there is not a Planned Community text for the entire parcel. Planning Director Temple stated the area which is zoned Planned Community text runs from Coast Highway to Westcliff Drive. There are four distinct areas within that area which carry the Planned Community designation. One is an older development called Westcliff Grove which has its own Planned Community text which was adopted prior to development. There is the lower Castaways property which has a Planned Community text for the approved Marina which was processed a few years ago. There is the upper Castaways property including the residential development as well as the two public parks which has Planned Community text. When the City began to work with the Church in terms of the land exchange agreement, the issue of entitlement and processing was raised. Another chapter to the upper Castaways Planned Community could have been added, but given the • complexity and specific nature of this project, it was felt that a separate text was in order. Commissioner Selich asked how the existing limitations of 10,000 square feet on the floor area was placed as it seems somewhat restrictive. Planning Director Temple stated the General Plan, at this time, is missing any development limit at all. The 10,000 square feet is just what is there today, and in order to insure the entitlement, Staff felt it important to place the actual number being requested into the General Plan and Zoning documents. Commissioner Selich asked the rationale for increasing it to 40,000 square feet. Planning Director Temple stated that was the number the Church wanted as part of the Development Agreement. She suggested the Commission might wish to ask the Church's representatives how the entitlement will be used. Commissioner Selich asked if Staff is comfortable that the site plan review is adequate to look at the intensity of use and parking. Planning Director Temple stated yes. Public Hearing was opened. Reverend Bill Kirlin- Hackett of Newport Harbor Lutheran Church stated there is a provision for the City to use parking on the Church site and believes it is in Development Agreement under Section 1.6C - by mutual use and agreement of the parties the Church would open their lot for public use. That is already in the planning stage for the Bob Henry Park dedication, depending on how much of their lot is available. Commissioner Selich asked how the Church arrived at the 40,000 square feet. Reverend Kirlin- Hackett stated the Church evaluated future facility needs and determined that • 40,000 square feet would provide for all potential future needs. He feels it is a INDEX • City of Newport Beach Planning Commission Minutes June 5, 1997 little higher than they might ever achieve but they can not really be sure of it until it has been designed. Commissioner Fuller asked about the height limit of 65 feet and stated, when he visited the site, there is a cross there and asked how high the cross is. Reverend Kirlin- Hackett stated it is 65 feet and the building is half that height. Commissioner Fuller also asked regarding the provisions for outdoor paging, amplified music and bells. He asked if the Church presently utilizes those services. Reverend Kirlin- Hackett stated there are the carillon bells which are presently used. In terms of outdoor paging, they are mostly looking at something that would be exterior but internal to the facility, not a public address systems in the parking lot. Commissioner Adams commented that paging is only allowed with a special permit, and he pointed out that Staff, in issuing that permit, would be mindful of noise to the neighborhood. Commissioner Gifford stated she would like to understand some of the context of the negotiations to get a sense of what was possible and what had been discussed as the agreement of both parties was achieved. She asked if there is any intention to use the exchange of the land that the Church acquires from the City ultimately for the building. Reverend Kirlin- Hackett stated that the Church is not entitled to build on that parcel. Commissioner Gifford asked if there was any discussion about the exchange • being just for a narrow road with the City using for a parking lot the land that is to be transferred to the Church; and the Church obtaining the land that is now shown as the City parking lot. Reverend Kirlin- Hackett said the width of the City's new parking lot is such that a road would almost require a similar amount of land. Reverend Kirlin- Hackett stated the City and the Church, have explored dozens of options for the provision of access and parking for both parties. Commissioner Ridgeway asked about Section 1.6C, the potential to further increase parking for Bob Henry Park. He asked if there is an agreement today for increased parking or use by the City for that park. Reverend Kirlin- Hackett stated the Church is willing, if there are City events, to share use; but they have not been approached about a continual agreement for use. Commissioner Gifford expressed concern regarding the potential for members of the congregation to chose to park in the City lot first before the Church lot is filled up, creating a problem of inadequate parking for the City spaces. Reverend Kirlin- Hackett stated there will be sinage at both entrances to ensure proper usage. Additionally, church members would be more likely to use the Church parking, as it is closer and more convenient than the City parking area. Public Hearing was closed. Motion was made by Commissioner, Selich and voted on to recommend to the City Council approval of General Plan Amendment No. 95 -2(E), Local • Coastal Program Amendment No. 47, Amendment No. 860, and INDEX • City of Newport Beach Planning Commission Minutes June 5, 1997 Development Agreement No. 10. Ayes: Fuller, Ridgeway, Kranzley, Adams, Gifford, Selich, Ashley Noes: none Absent: none Abstain: none ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning -Mrs. Wood reported at the last meeting, on May 27th, Council introduced the regulations for condominiums on Balboa Island. Council directed staff to explore a code amendment to exchange required parking spaces for additional landscaping, especiallyin the older sections of the city. She also stated, at the previous Council meeting on the 12th of May, Council directed staff to work with the Planning Commission on an ordinance to regulate telecommunications equipment. Staff is also discussing other potential amendmentswith other members of the City Council. • b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Modification Permits were approved for 4501 W. Seashore, 201 North Star Lane, 2231 Pacific Drive, 329 Orchid Avenue, 1350 West Bay, 2700 W. Coast Hwy., #145, 1730 Port Margate Place, 1307 North Bayfront, Lot Line Adjustment for 743/739 Via Lido Soud. Planning Director's Use Permit for 4341 MacArthur Blvd., Suite B. Modification for 2003 Yacht Resolute was referred to the Planning Commission, but Planning Director Temple stated Staff has been informed that the situation has resolved itself and has been replaced on the Council calendar for this coming Monday, June 9th and will not be coming forward to the Planning Commission. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that the last Economic Development Committee meeting was taken up largely by a report on Mariner's Mile. The Mariner's Mile committee will be submitting a report to the City Council and the report will eventually work its way back, either in full or part to the Planning Commission. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee - Commissioner Gifford did not have a report to make on any activity of the Balboa Peninsula Planning • Advisory Committee. 10 INDEX Additional Business City of Newport Beach Planning Commission Minutes June 5, 1997 e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Fuller noted an item at 4540 Campus Drive, a spa, was before the Planning Commission. One of the conditions of approval was the removal of a sign in the parkway. Commissioner Fuller would like to learn if they are in compliance with the condition. Commissioner Gifford requested the staff to give a report on ATM installations by various businesses that might be creating a new stream of revenue for themselves and convenience for their customers. She would like to know if this is a change in use, as far as Use Permits are concerned, and whether there would be an impact on the parking requirements that we should be aware of or take into consideration. Planning Director Temple asked if the concern is primarilywith outdoor installations or also indoor installations. Commissioner Gifford noted indoor installations as well. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - Planning Director Temple noted, at the previous meeting the Circulation Element and Traffic Phasing Ordinance was continued to the Planning Commission meeting of June 19th. She stated that Staff will not be ready to go forward at that time, • but will be ready for the following meeting on July 10th. As a result, there are no agenda items and proposes not to have a meeting on the 19th and re- notice the Circulation Element and Traffic Phasing Ordinance for the subsequent meeting, if it meets with the Planning Commission agreement. CommissionerAdams agreed. g.) Requests for excused absences -none. ADJOURNMENT: 7:50 p.m. ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION `lIP]