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HomeMy WebLinkAbout07/08/1982CALL /V\NM55KJ tKJ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. ? m co .DATE: July 8, 1982 m w City of Newport Beach All Present. x +r EX- OFFICIO MEMBERS PRESENT: Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Dick Hoffstadt, Subdivision Engineer Pamela Woods, Secretary x x APPROVAL OF THE MINUTES Minutes of June 10, 1982 Commissioner Kurlander noted that past Commissioner Allan Beek, had requested that the Minutes of June 10, 1982, be revised on the last paragraph of Page 14, to reflect, "and stated that the statement that the project alternatives are economically unfeasible. ". Motion X Motion was made for the approval of the Minutes of June Ayes X X X X 10, 1982, as revised, which MOTION CARRIED. Abstain X X X Staff recommended that Item Nos. 3 and 4 - Traffic Study and Use Permit No 1089 (Amended) , be continued to the Planning Commission Meeting of August 5, 1982, pending review of additional information pertaining to the availability of off - street parking for the subject property. Motion Motion was made to continue the Traffic Study and Use All Ayes X X X X X X Permit No. 1089 (Amended) to the Planning Commission Meeting of August 5, 1982, which MOTION CARRIED. I* -1- MINUTES MINUTES July 8, 1982 � r c m � m m w City of Newport Beach Request to install a 6 foot x 12 foot, double -faced advertising sign on a 9 foot high pole on a site in the Unclassified District where one pole sign currently exists. The Zoning Code permits only one pole sign per site. LOCATION: A portion of the First Addition to the Newport Mesa Tract, located at 1526 Placentia Avenue, on the easterly side of Placentia Avenue between 15th Street and Production Place, in the West Newport Triangle. ZONE: Unclassified • I �. I I I I APPLICANT: Independent Outdoor Advertising, Los Angeles OWNER: Mary Morrison, Athens, Ohio The public hearing opened in connection with this item and Mr. Chris Norby, representing Independent Outdoor Advertising, appeared before the Commission. He distributed packets to the Commission which contained photographs of the outdoor signs which his company has produced. He stated that his company is responsive to environmental needs by developing small, attractive outdoor advertising signs. Mr. Norby stated that they would be willing to install the proposed sign on a one year probationary period. He stated that if there should be any opposition to the sign from the community during such time, they would take the sign down. He stated that they would like the opportunity to demonstrate to the community that this type of sign is very unobtrusive and attractive. • {1111111 -2- INDEX EXCEPTION PERMIT NO. 10 DENIED MINUTES Mr. Norby stated that the granting of the exception permit is necessary to protect a substantial property right. He stated that the existing wall sign identifying the "Minute King" market will be obstructed by the proposed expansion of the Heritage Bank on the adjacent property. He stated that the proposed sign. would restrict advertising to only those products sold in the market. He stated that they would also be willing to mount the sign on the current pole, thereby combining the two signs. He stated that this would still come within the 200 square foot sign restriction currently on the property. Mrs. Louise Greeley, representing the Board of Directors of Newport Crest Homeowners Association, appeared before the Commission and submitted a letter of opposition. She stated that the proposed signs at 1526 Placentia Avenue and 332 North Newport Boulevard would require a variance from the present Zoning Code and that they would add to the already existing visual I 11 I I pollution. She then urged denial of the proposed signs in Exception Permit No. 10 and Exception Permit No. 11. Mr. William Laycock, Current Planning Administrator, stated that if the applicant were to place the signs on one pole sign which would not exceed 200 square feet in area, an exception permit would not be. necessary. He stated that the exception permit is being requested to allow the second pole sign on the property. In response to a question posed by Commissioner Balalis, Mr. Laycock stated that a. painted or illuminated sign on a building constitutes a sign and is calculated in the square footage of the sign requirements. Motion IIIII Motion was made for denial of Exception Permit No. 10, All Ayes X X X X subject to the following Findings, which MOTION CARRIED: FINDINGS: - 1. That the granting of this exception permit is not necessary to protect a substantial property right inasmuch as adequate signage could be provided on . the site in conformance with the Sign Ordinance. -3- July 8, 1982 � r m c S m c S . a m m C m 6", City of Newport Beach Mr. Norby stated that the granting of the exception permit is necessary to protect a substantial property right. He stated that the existing wall sign identifying the "Minute King" market will be obstructed by the proposed expansion of the Heritage Bank on the adjacent property. He stated that the proposed sign. would restrict advertising to only those products sold in the market. He stated that they would also be willing to mount the sign on the current pole, thereby combining the two signs. He stated that this would still come within the 200 square foot sign restriction currently on the property. Mrs. Louise Greeley, representing the Board of Directors of Newport Crest Homeowners Association, appeared before the Commission and submitted a letter of opposition. She stated that the proposed signs at 1526 Placentia Avenue and 332 North Newport Boulevard would require a variance from the present Zoning Code and that they would add to the already existing visual I 11 I I pollution. She then urged denial of the proposed signs in Exception Permit No. 10 and Exception Permit No. 11. Mr. William Laycock, Current Planning Administrator, stated that if the applicant were to place the signs on one pole sign which would not exceed 200 square feet in area, an exception permit would not be. necessary. He stated that the exception permit is being requested to allow the second pole sign on the property. In response to a question posed by Commissioner Balalis, Mr. Laycock stated that a. painted or illuminated sign on a building constitutes a sign and is calculated in the square footage of the sign requirements. Motion IIIII Motion was made for denial of Exception Permit No. 10, All Ayes X X X X subject to the following Findings, which MOTION CARRIED: FINDINGS: - 1. That the granting of this exception permit is not necessary to protect a substantial property right inasmuch as adequate signage could be provided on . the site in conformance with the Sign Ordinance. -3- CALL July 8, 1982 c m ' CD ' m N. City of Newport Beach 2. The proposed sign is contrary to the purpose of the Sign Ordinance in that the existing pole sign could be enlarged within the limits set forth in the Code to provide for additional advertising or identification. 3. That the proposed advertisement pole sign will 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 inasmuch as a precedent would be established for similar signs elsewhere in the City. x V I I I Request to install a 6 foot x 12 foot, double -faced off -site advertising sign mounted on an 8 foot high • pole on property located in the C -1 -H District. • LOCATION: Lot 9, Tract No. 1136, located at 332 North Newport Boulevard, on the easterly side of North Newport Boulevard between Beacon Street and Catalina Drive, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 -H APPLICANT: Independent Outdoor Advertising, Los Angeles OWNER: Frances Mears, Newport Beach The public hearing opened in connection with this item and Mr. Chris Norby, representing Independent Outdoor Advertising, appeared before the Commission. Mr. Norby stated that the proposed signs do not require a variance from the Zoning Code. He stated that both of the proposed signs are permitted under the current Sign Ordinance but require the approval of exception permits. EM MINUTES DENIED MINUTES I July 8, 1982 F m w w ' City of Newport Beach INDEX Mr. Norby stated that the sign would be removed upon any development of the property. He also stated that the proposed sign would not be advertising any businesses within the City. However, he stated that uses, such as car dealerships within the City, may want to promote their national products on the proposed. sign. Mrs. Louise Greeley, representing the Board of Directors of Newport Crest Homeowners Association, appeared before the Commission and submitted a letter of opposition. She stated that the proposed signs at 1526 Placentia Avenue and 332 North Newport Boulevard would require a variance from the present Zoning Code and that they would add to the already existing visual pollution. She then urged denial of the proposed sign in Exception Permit No. 11. I Mr. Norby stated that the owner of the property is retired and will be generating income from the sign. • j I I I I I ( He stated that the granting of this exception permit is I necessary to protect a substantial property right of the property owner. Mr. Norby stated the property in question is a vacant lot and that they would be willing to restrict advertising to only businesses doing business in Newport Beach, i.e. an automobile dealership. He stated that they would also be willing to donate one or two months of the sign to a community service announcement. He stated that the property is currently zoned for commercial uses and that there are no other signs located on the property. Therefore, this proposal would not be contributing to visual pollution. Commissioner Balalis asked Mr. Norby if they would be agreeable to a time certain of one year for this sign. Mr. Norby stated that this would be acceptable, as long as there would be an option for its renewal after the one year period. Motion X Motion was made for denial of Exception Permit No. 11, Ayes X Y X X X X subject to the following Findings, which MOTION Abstain X CARRIED: CALL c Q 4�G � 7C GJ my Y MINUTES July 8, 1982 Zi FINDINGS: Beach 1. That the granting.of this exception permit is not necessary to protect a substantial property right of the property owner or applicant inasmuch as there would be no restriction in the use of. the property, only the establishment of an off-site_ advertising sign. 2. The proposed off -site advertising sign is contrary to the purpose of the Sign Ordinance inasmuch as the Code provides for signs which advertise or identify businesses where the proposed off -site sign advertises products which in this case are not available on the site or in the general area. 3. That the proposed off - site advertisement sign will 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 inasmuch as a precedent would be established for similar signs elsewhere in the City. x ,t Item #3 Request to consider a Traffic Study in conjunction with the expansion of an existing convalescent hospital located in the A -P District. - AND Request to amend a previously approved use permit that permitted the establishment of a 100 bed convalescent hospital located in the A -P District. The proposed use AND permit amendment is to allow the expansion of the convalescent hospital, the waiver of a portion of the off - street parking requirement and to delete a previous condition of approval that required 10 foot side yard Item #4 setbacks. The proposal also includes modifications to the Zoning Code so as to allow the use of compact car spaces for a portion of the required off - street �USE PERMIT parking; to allow a portion of the on -site parking NN 1007 spaces to encroach 10 feet into the required 10 foot AMENDED July 8, 1982 � x � m. ° o0 n w City of Newport Beach rear yard setback adjacent to an alley and 11 feet into the required 15 foot front yard setback and to allow portions of the proposed building additions to encroach 5 feet and 3 feet into the required 10 foot rear yard setback adjacent to an alley; and to allow two, 4 foot high garden walls to encroach 8 feet ± and one 4 foot 6 inch ground sign to encroach 11 feet ± into the required 15 foot front yard setback. The proposal also includes the approval of an off -site parking agreement for a portion of the required parking spaces,and the acceptance of an environmental document. LOCATION: Record of Survey 79 -7 (Resubdivision No. 198) located at 466 Flagship Road, on the southwesterly side of Flagship Road between Hilaria Way and Dana Road, in the Hoag Memorial Hospital Area. ! 1 1 1 1 1 1 1 1 ZONE: A -P APPLICANT: Paul Miller, Fullerton OWNERS: American Medical Services #1, Inc., Milwaukee, Wisconsin Staff recommended that these items be continued to the Planning Commission Meeting of August 5, 1982, pending review of additional information pertaining to the availability of off - street parking for the subject project. Mod on X Motion was made to continue the Traffic Study and Use All Ayes X X X X X X X Permit No. 1089 (Amended) to the Planning Commission Meeting of August 5, 1982, which MOTION CARRIED. t t a • -7- MINUTES INDEX MINUTES July 8, 1982 • Motion All Ayes % X • The public hearing opened in connection with this item and Mr. Jim Brewster, representing the applicant, appeared before the Commission and requested approval of this item. Motion was made for approval of Use Permit No. 1561 (Amended) , subject to the following findings and conditions, which MOTION CARRIED: FINDINCSe 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking spaces, will not be detrimental to adjoining properties. -8- 1 3 � m � W n y City of Newport Beach CALL INDEX Request to amend a previously approved use permit that Item #5 allowed the construction of a "Del Taco" drive through restaurant in the C -1 -H District. The proposed use permit amendment is to allow the construction of a storage room addition to the restaurant and includes a request to waive a portion of the required off- street parking spaces. USE PERMIT N0. 1561 LOCATION: Parcel 2 of Parcel Map 59 -4 AMENDED) (Resubdivision No. 414) located at 2101 Bristol Street on the southerly side of Bristol Street, between Irvine Avenue - and Birch Street, adjacent to the Santa Ana Heights area. APPROVED CONDI- ZONE: C -1 -H TIONALLY APPLICANT: Del Taco Inc., Costa Mesa OWNERS: Llewllyn Copp, Newport Beach • Motion All Ayes % X • The public hearing opened in connection with this item and Mr. Jim Brewster, representing the applicant, appeared before the Commission and requested approval of this item. Motion was made for approval of Use Permit No. 1561 (Amended) , subject to the following findings and conditions, which MOTION CARRIED: FINDINCSe 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking spaces, will not be detrimental to adjoining properties. -8- 1 wmna »M� MINUTES July 8, 1982 X c m ' ED a y . City of Newport Beach L CALL I I 1TrJ I INDEX 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 1561 (Amended) 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. • I I I I I I I 2. That all mechanical equipment and trash areas shall be screened. from adjoining properties, and from Bristol Street. • 3. That all signs and new exterior lighting shall conform to the provisions of Chapters 20.06 and 20.72 of the Municipal Code. 4. That the development standards pertaining to a portion of the off - street parking spaces be waived. 5. That all employees shall be required to park on -site. 6. That the existing off - street parking area shall be re- striped so as to provide a minimum of 29 parking spaces as shown on the approved site plan. July 8, 1982 3 x � c A ° City of Newport Beach ADDITIONAL BUSINESS Hours of Operation of Pool Pumps in Residential Districts Staff advised the Commission of the request by Mr. and Mrs. Kenneth G. Kuhlmann of 210 39th Street, Newport Beach, to amend Section 20.10.035 of the Newport Beach Municipal Code as it pertains to the hours of operation of pool pumps. Commissioner Allen stated that she concurs with the staff's recommendation of extending the hours, of operation and lowering the sound levels by increasing the requirements for attenuation. She suggested that a feasible dBA level be explored for the sound level at the property line. I I I I Mr. Kenneth Kuhlmann, who initiated this request, appeared before the Commission. Mr. Kuhlmann stated • that the current cutoff hour of 8:00 p.m. for a pump and pool related equipment is unrealistic and unreasonable. He stated that a cutoff time of 10:00 p.m, is a more reasonable hour to shut off a pump for a spa. Commissioner Balalis stated that first, the level of noise must be identified for the sound level at the property line. He suggested that the staff contact several acoustical engineers to determine acceptable levels at the property line. Commissioner King suggested that staff also explore the usage of motor wraps which significantly 'reduce the noise output from the pool equipment. Motion I j 1 J Motion was made to initiate an Amendment to Section All Ayes X X X X IX X 20.10.035 of the Newport Beach Municipal Code, as it pertains to the hours of operation of pool pumps, on August 5, 1982, which MOTION CARRIED.- • -10- MINUTES INDEX MINUTES Luther Medical Products Letter dated June 24, 1982 Staff submitted a letter to the Planning Commission from Luther Medical Products, dated June 24, 1982, relating to setbacks in the Cliffhaven area. Chairman McLaughlin noted that the letter was received by the City on July 6, 1962, and stated that she would rather not comment on a letter which she has not had the opportunity to read. x x ELECTION OF OFFICERS July 8, 1982 m Motion a X m W City of Newport Beach Luther Medical Products Letter dated June 24, 1982 Staff submitted a letter to the Planning Commission from Luther Medical Products, dated June 24, 1982, relating to setbacks in the Cliffhaven area. Chairman McLaughlin noted that the letter was received by the City on July 6, 1962, and stated that she would rather not comment on a letter which she has not had the opportunity to read. x x ELECTION OF OFFICERS * z Motion IIIXII Motion was made for an excused absence for Commissioner All Ayes X X X X X Balalis from the Planning Commission Meeting of July 22, 1982, which MOTION CARRIED. - - x • -11- CHAIRMAN: Motion X �1 Ayes X X X X X X X Motion was made to nominate Commissioner King as Chairman, which MOTION CARRIED. FIRST VICE- CHAIRMAN: Motion X Ayes X X X X X X Motion was made to nominate Commissioner Winburn as Abstain X First Vice- Chairman, which MOTION CARRIED. SECOND VICE- CHAIRMAN: Motion X Ayes X X X X X X Motion was made to nominate Commissioner Allen as Abstain X Second Vice- Chairman, which MOTION CARRIED. SECRETARY: Motion X Motion was made to nominate. Commissioner Goff as All Ayes 4 X X X X X X Secretary, which MOTION CARRIED. * z Motion IIIXII Motion was made for an excused absence for Commissioner All Ayes X X X X X Balalis from the Planning Commission Meeting of July 22, 1982, which MOTION CARRIED. - - x • -11- • • July 8, 1982 � F r c m m City of Newport Beach z * z There being no further business, the Planning Commission adjourned at 8:15 p.m. z z z Dave Goff, Secretary Planning Commission City of Newport Beach -12- MINUTES INDEX