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HomeMy WebLinkAbout06/18/1998F r Planning Commission Minutes June 18, 1998 Regular Meeting - 7:00 p.m. Commissioners Fuller, Adams and Ashley - p.m. STAFF PRESENT: CITY OF NEWPORT BEACH Ridgeway, Selich, Kranzley, Gifford, Commissioner Ashley arrived at 7:05 Sharon Z. Wood, Assistant City Manager Patricia L. Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston - Transportation and Services Manager Ginger Varin, Planning Commission Executive Secretary Minutes of June 4, 1998: Motion was made by Commissioner Selich, and voted on, to approve, as written, the June 4, 1998 Planning Commission Minutes. Ayes: All Noes: None Absent: None Abstain: None Public Comments none Posting of the Agenda: The Planning Commission Agenda was posted on Friday, June 12, 1998 outside of City Hall. Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes June 18, 1998 SUBJECT: Amendmentto front Yard Setbacks on Broad Street City of Newport Beach • A 873 Amendment to Districting Map No. 5 to establish a front yard setback of 20 feet from the newly established property lines of properties located between Santa Ana and Redlands Avenue on both sides of Broad Street. Public Comment was opened and closed. Motion was made by Commissioner Adams to adopt Resolution No. 1468 recommending approval of Amendment No. 873 to City Council. Without objection and by acclamation, MOTION CARRIED. Ayes: All Noes: None Absent None SUBJECT: Platt College 3901 MacArthur Boulevard • A 875 Amendment to the Newport Place Community District. Regulations to permit business and trade schools within Professional and Business Office "Site 3A" subject to the requirement of a Planning Director's Use Permit. Responding to questions by Commission, Ms. Temple noted: • Applicant is the property owner • Property owner has authorized Platt College to act as his agent • Nikko Capital Corporation is the owner • This application is for an expansion from 12,500 square feet to 16,870 Public Comment was opened. Bill Lockwood, President of Platt College noted for the Commission: • Classes run from 8:00 a.m. to 10:00 p.m., Monday through Friday. • Peak hours are between 8:00 a.m. and 12:00 a.m.; and 6:00 p.m. to 10:00 P.M. • It is anticipated that not more than 83 students will be driving to facility at any one time during the day. • There is an allotment of 100 parking spaces. • Seventeen parking spaces for staff is more than adequate. • There have been no problems regarding parking or traffic with the neighbors or landlord. INDEX Item No. 1 A 873 Recommended for approval Item No. 2 A 875 Recommended for approval City of Newport Beach Planning Commission Minutes June 18, 1998 Public comment was closed. Motion was made by Commissioner Adams to adopt Resolution No. 1469 recommending approval of Amendment No. 875 to City Council. Without objection and by acclamation, Motion Carried. Ayes: All Noes: None Absent: None SUBJECT: La Palopa Restaurant 123 23rd Street • Use Permit No. 3172 (Amended) Request to allow the introduction of alcoholic beverage service (beer and wine only) to an existing take -out restaurant, where the conditions of approval currently prohibit alcoholic beverage service. No other operational changes are proposed at this time. • Ms. Temple noted that this is a request to amend an existing use permit to allow the sale and service of alcoholic beverages where it is currently prohibited by the use permit. Despite the use permit prohibition on alcoholic beverages, the premise has had a license authorized through the Alcoholic Beverage Control since 1985. When the new operator took over the restaurant, he attempted to transfer and reinstate that license and it was discovered, at that time, that the appropriate permission in the use permit did not exist. He has been operating without that prior aspect of the operation. Staff has presented an analysis based on the criteria set forth in the Alcohol Beverage Outlet Ordinance. At Commission inquiry, Ms. Temple stated: • Previous license was for beer and wine • License commenced within a year of opening (1986 or 1987) and lapsed recently. • No complaints have been reported at this location. Public Comment was opened and closed. Motion was made by Commissioner Ridgeway for approval of Use Permit 3172 subject to the findings and conditions in Exhibit A. r1 L� Item No. 3 UP 3172 (A) Approved INDEX • City of Newport Beach Planning Commission Minutes June 18, 1998 11 • Without objection and by acclamation, Motion Carried. Ayes: All Noes: None Absent, None SUBJECT: John R. Pautsch, Jr., applicant 301 Marine Avenue • UP 3625 • Modification Permit No. 4732 A use permit restaurant with outdoor dining and alcoholic beverage service. The application includes requests to modify off - street parking requirements and setback yards and to exceed floor area ratio limits. Ms. Temple noted that the applicant has requested to continue this application to July 9}h. Motion was made by Commissioner Fuller to continue this July 9th. Without objection and by show of hands, Motion Carried. Ayes: All Noes: None Absent: None SUBJECT: Minor Amendments to the Zoning Code City of Newport Beach • AmendmentNo.874 Minor amendments to Title 20 of the Municipal Code to make several minor revisions to the Zoning Code. These revisions relate to the definition of terms, land use classifications, land use regulations, nonconforming structures, the regulation of signs, public notification requirements, appeal and call for review procedures, and the removal of obsolete, redundant, and conflicting language. Staff has requested that this item be continued to allow additional time to prepare information requested by the Planning Commission. Motion was made by Commissioner Fuller to continue this item to July 9, 1998. INDEX Item 4 UP 3625 & Modification Permit No. 4732 Continued to July 9, 1998 Rem 5 A 874 Continued to July 9, 1998 • City of Newport Beach Planning Commission Minutes June 18, 1998 Without objection and by show of hands, Ayes: All Noes: None Absent. None s »s SUBJECT: Delbert Chesebro, applicant 1508 Park Avenue • Variance No. 1221 Request to approve a Variance to permit an addition of 200 sq. ft. to an existing single family residence on a property located in the R -1.5 District. The request is pursuant to Section 20.10.030 M (2) of the Municipal Code which excludes up to 200 sq. ft. of floor area used for enclosed parking on properties located in the R -1.5 District. Variance No. 1196 was previously approved which permitted the existing single family residence to exceed 1.5 times the buildable area of the site. Ms. Temple noted that in considering this particular request, staff requests • that it be looked at from the original intent of the recent amendment to the R1.5 District on Balboa Island. If this type of requests fits within the concepts in the approved amendment, Commission may wish to consider amending the Code so that these types of variance applications would not be required. Commissioner Fuller asked about the two foot difference between the Variance 1196 approval and the proposed addition and was answered that part of the proposed new construction will move two feet closer to the setback of the yard. Commissioner Selich asked if this property were to come in for a variance similar to 1 196 that was previously approved, under this new ordinance, how many square feet would it likely have in it? The staff report insinuated that if this was approved, it could be considered policy setting. Would this lead to any problems? Ms. Temple answered that the approval could be consistent with the variance addressed approximately a month ago on a half lot on Balboa Island, since staff included in the analysis the 200 square feet calculation. The Commission did not raise any questions or issues with regards to this inclusion of that credit upon which to base the ultimate floor area on that property. Once Commission approves variances to allow additions that are based upon this particular code section, the same analytical approach would be used by staff in subsequent applications. However, • each application would be appraised on its own merits. Item 6 V 1221 INDEX City of Newport Beach Planning Commission Minutes June 18, 1998 Commissioner Adams noted that if there is any precedence setting in approving this application he would be hesitant in addressing these applications without any communication from the homeowners associations. Public Comment was opened. Delbert Chesebro, applicant, noted he is seeking to add 200 square feet approved under Amendment No. 866. He explained that his lot is 30 x 60 feet on Park Avenue that has 20 foot setback in front and 10 foot setback in the rear. The entrance to his home is from the street with no alley and an enclosed two car garage. Now that Amendment 866 has been passed, he is asking for the benefit of 200 square feet credit. The area that will be filled in is the rear half of the house, through the roll up garage patio area. That area will be turned into a bedroom with a both. This area can not be seen from the streets nor from the alleys on either side. Only two neighbors can see this area, one on the west and the one behind. Letters of support from these neighbors are attached to the staff report. He is asking for the same right as others who have a standard lot with enclosed garages. The floor area and the land area ratio will still be typical of a lot • on Balboa Island with the additional 200 square feet to the home. Steve Bromberg, 1506 Park Avenue spoke in support of the project due to the aesthetics of the project. Addressing concerns of precedence setting, as president of Little Balboa Island Property Owners Association, at a recent board meeting this project was discussed. There were no objections voiced. The original Amendment 866 was proposed by the three presidents of the associations, (little island, big island and business associations). The main goal was to have the carports enclosed for aesthetics and safety purposes. It should be looked at on a case by case basis as every property is truly unique. Public comment was closed. Commissioner Ridgeway, supporting this application, made Motion to approve Variance 1221 subject to the findings and conditions in Exhibit A. Ms. Temple noted, at Commission inquiry: • Buildable area was based on comparisons of the ratio of the building to the gross land area attempting to equate the smaller size lot to a more conventional lot in order to provide a similar property right and benefit as a result of a variance. • This approach is used for the smaller size lot variances on Balboa Island. • Usual front yard setback on Balboa Island on a regular85 foot deep lot INDEX • \J City of Newport Beach Planning Commission Minutes June 18, 1998 is either 5 or 10 feet, depending on which block the property is located. There is an additional alley setback of 5 feet. This lot is not only smaller, it has a 20 foot front yard setback and a 10 foot rear yard setback which is very unusual from other properties on the Balboa Island. Without objection and by acclamation, Motion Carried. Ayes: All Noes: None Absent: None ass ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council meeting the Alcoholic Beverage Ordinance was adopted; both the EQAC and EDC recommendations on bayfront restaurant regulations were presented; Use Permit No. 3626 (JP's of Newport Beach) was called up for review and will be heard on June 22nd; and the Lido Marine Village Tidelands Lease proposal was discussed and will be voted on June 22nd. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich noted that the EDC has been reorganized into subcommittees with emphasis on issues of airport, city image enhancement, hotels and strategic planning. C.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting- none. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report- none. e.) Requests for excused absences- Chairperson Kranzley asked to be excused on July 9th. ssa ADJOURNMENT. 7:40 p.m. THOMAS ASHLEY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Additional Business INDEX • City of Newport Beach Planning Commission Minutes June 18, 1998 • • INDEX