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HomeMy WebLinkAbout07/20/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL))) )))) ) I INDEX § Present Absent Ay` s Absent �000�00 Commissioner Edwards was absent. s : a EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robert Burnham, City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Election of Officers: Election o Officers Commissioner Pers6n made a motion to nominate Chairman * Pomeroy as Chairman of the Planning Commission. Motion chairman voted on, MOTION CARRIED. Pomeroy Motion * Chairman Pomeroy made a motion to nominate Commissioner vice Chair Ayes * * * Merrill as Vice Chairman of the Planning Commission. Motion Merrill Absent k voted on, MOTION CARRIED. Motion * Commissioner Pers6n made a motion to nominate Commissioner Secretary Ayes * * * Debay as Secretary of the Planning Commission. Motion voted Debay Absent k on, MOTION CARRIED. Minutes of July 6. 1989: Minutes of 7 -6 -89 Motion Motion was made and voted on to approve the July 6, Ayes * * * 1989, Planning Commission Minutes. MOTION CARRIED. Abstain Absent COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the Agenda William Laycock, Current Planning Manager, stated that the Planning Commission Agenda was posted on Friday, July 14, 1989, in front of City Hall. Request for Request for Continuances: Continuance William Laycock, Current Planning Manager, stated that the applicant, Hoag Memorial Hospital, has requested that Item No. 2, Use Permit No. 1421 (Amended) be continued to the September 7, 1989, Planning Commission meeting, so as to provide additional time to consider other locations for the proposed employee child care facility. Mr. Laycock stated that • the use permit will be renoticed prior to said public hearing. Mr. Laycock recommended that Item No. 5, Use Permit No. 3357, Jorge E. Oubina, applicant, regarding the sale and installation of electronic sound equipment and cellular phones located at 4360 Campus Drive, be continued to the August 10, 1989, Planning Commission meeting, to allow the applicant additional time to submit information requested by staff regarding the project. Mr. Laycock stated that staff recommends that Item No. 7, Amendment No. 683, to establish a "Site Plan Review", Special Zoning District, and the applicant recommends that related Item No. 8, General Plan Amendment No. 89 -1(C), Local Coastal Program Amendment No. 17, Amendment No. 682, Site Plan Review No. 50, Coastal Residential Development Permit No. 16, and Tentative Map of Tract No. 14028, Buck Gully Associates, Ltd., property located at 4030 East Coast Highway, regarding a residential condominium development, be continued to the August 10, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue Item No. 2 to * * * September 7, 1989, and Items No. 5, 7, and 8 to August 10, * 1989. MOTION CARRIED. -2- COMMISSIONERS o %d o • � July 20, 1989 Y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Variance No. 1154 (Continued Public Hearing) item Noaj Request to permit the construction of a second floor addition Variance No. 1154 and a third level roof deck to an existing single family dwelling which will exceed 1.5 times the buildable area of the site and Approved will exceed the 24 foot basic height limit in the 24/28 Foot Height Limitation District, on property located in the R -1.5 District. The proposal also includes: a request to waive one of the required off -street parking spaces; a request to approve a modification to the Zoning Code so as to allow the second floor addition to encroach 15 feet into the required 20 foot front yard setback, 7 feet into the required 10 foot rear yard setback and 2 feet 6 inches into the required 4 foot side yard alley setback; and a modification to allow the construction of a carport which encroaches 4 feet into the required 4 foot interior side yard setback and 10 feet into the required 10 foot rear yard setback. LOCATION: A portion of Lot 24, Block 13, Section 4, Balboa Island, located at 527 Park Avenue, on the southwesterly side of Park Avenue, • between Topaz Avenue and Turquoise Avenue, on Balboa Island. ZONE: R -1.5 APPLICANT: Maxwell B. Phillips, Balboa Island OWNERS: Same as applicants William Laycock, Current Planning Manager, explained that approximately 177 square feet of an open parking space has been included in the revised and proposed 1,473 square feet of gross structural area inasmuch as the Zoning Code requires one parking space per dwelling unit to be included in said gross structural area. In response to a question posed by Chairman Pomeroy, Mr. Laycock replied that after deleting 177 square feet from the gross structural area of the revised plans there would be a floor area to land area ratio of .982 and the square footage of the dwelling unit without the parking space would be 1,295.7 square feet. . -3- COMMISSIONERS o �o o� July 20, 1989 d �' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Commissioner Merrill with respect to the proposed gross structural area of 1,304 square feet as referred to in Exhibit "B" of the June 8, 1989, Planning Commission staff report, Mr. Laycock explained said square footage also includes the parking space. Commissioner Merrill commented that the revised proposed plan of 1,473 square feet, including the 177 square feet of open parking space, is 169 square feet greater than the 1,304 square feet as stated in the aforementioned Exhibit "B ". The continued public hearing was reopened at this time, and Maxwell Phillips, applicant, appeared before the Planning Commission. Mr. Phillips described the revised plan of the Cape Cod design as requested by the Planning Commission on June 8, 1989. Mr. Phillips submitted letters of support from Diane McClure, 126 Topaz Avenue, and Julie H. Drive, 111 Abalone Avenue. In response to a question posed by Chairman Pomeroy, Mr. Phillips concurred with the findings and conditions in Exhibits "A' and "B ". • In response to a question posed by Commissioner Debay, Mr. Phillips replied that Mike Baginski, 138 Topaz Avenue, owner of the property located on the other one -half of the subject property, has reviewed the revised plans and has stated his approval of the revised design. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve revised Variance No. 1154, subject to the findings and conditions in Exhibit "A", (provides a reduction in floor area, the removal of one bedroom, deletes the height variance and deletes the carport that encroaches into the side and rear yard setbacks). Commissioner Debay stated that the Ayes * * * * * applicant proposes to be the owner /occupant of the dwelling, Absent * and he has received approval of the revised design from the adjacent neighbors. Motion voted on, MOTION CARRIED. • -4 COMMISSIONERS o �d o� July 20, 1989 A \/\ � CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same District inasmuch as the subject property is comprised of the rear portion of a previously subdivided lot, and that the resulting reorientation of the property has resulted in overly restrictive setbacks which excessively limit the amount of allowable gross structural area on the site. 2. That the granting of the variance to the buildable area is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed project is generally comparable to the size and bulk of other buildings in the surrounding neighborhood. 3. That the granting of a variance to the buildable area requirement will not, under the circumstances of the particular case, be materially detrimental. to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the proposed encroachments of the dwelling unit into the required front yard, rear yard and alley side yard setbacks will not under the circumstances of the case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large • -5- COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX for access through or use of property within the proposed development. 6. That there are no exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses on the other lots in the area which justify the approval of a greater height for the subject building. 7. That the subject property, in conjunction with the approval of this variance, maintains sufficient buildable area so as to permit the construction of a sufficiently large single family dwelling within the required basic height limit in the 24/28 Foot Height Limitation District. 8. That the approval of the proposed variance to exceed the basic height limit will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 9. That the demand for an additional parking space is not necessary, inasmuch as the number of bedrooms (2) will remain as existing. 10. That the construction of a carport that encroaches into the required side and rear yard setbacks will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that said construction is not consistent with the legislative intent of Title 20 of the Municipal Code. -6- COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES 7 ROLL CALL 1 INDEX CONDITIONS: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations, as revised except as noted below. 2. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of building permits. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the proposed development shall comply with the requirements of the 24/28 Foot Height Limitation District. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 6. That the existing deteriorated curb, sidewalk and drive apron be reconstructed along the Park Avenue frontage under an encroachment permit issued by the Public Works Department. 7. That no fence, building or other obstruction higher than 6 inches be allowed in the 5 foot setback area adjacent to the alley, except for the proposed second floor encroachment. 8. That no obstructions, fences or landscaping higher than 24 inches be allowed in the .5 foot front yard setback. 9. That this approval shall not permit the construction of a carport which encroaches into the required rear and southwesterly side yard setbacks. 10. That the proposed project shall not exceed 1,4731 square feet of gross structural area. • -7- COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX. 11. That the proposed project shall be limited to two bedrooms and no study. 12. That the open parking space shall be used for vehicular storage at all times. 13. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. Use Permit No. 1421 (Amended) (Continued Public Hearing) item No.2 Request to amend a previously approved use permit which UP1421A permitted the expansion of the existing Hoag Hospital facility on property located in the A -P -H District. The proposed Continued amendment includes: a request to establish an employee child to 9 -7 789 care facility to be located in prefabricated modular buildings adjacent to Newport Boulevard; the construction of an addition • to the administrative offices, some of which will be located in prefabricated modular buildings; and the acceptance of an environmental document. LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Manager, stated that the applicant has requested this item be continued to the September 7, 1989, Planning Commission meeting so as to provide additional time to consider other locations for. the proposed employee child care facility. Mr. Laycock commented that the public hearing would be renoticed. • -8- COMMISSIONERS � d,d r d �n A o\ \\' CITY OF NEWPORT July 20, 1989 BEACH MINUTES ROLL CALL INDEX Motion * Motion was made and voted on to continue Use Permit No. 1421 Ayes k * * * (Amended) to the September 7, 1989, Planning Commission Absent * meeting. MOTION CARRIED. s a s A. Use Permit No. 1677 ( ended)(Public He" Item No.3 Request to review Use Permit No. 1677 (Amended) that UP1677A permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. The review will V1106 permit the Planning Commission to consider adding or modifying , t conditions of approval to said application. AND 8-10-89 B. Variance No. 1106 (Public Hearing) Request to review Variance No. 1106 that permitted the waiver of a portion of the required off - street parking spaces in • conjunction with the Stuft Noodle Restaurant. The review will permit the Planning Commission to consider adding or modifying conditions of approval to said application. LOCATION: A portion of Lot D, Tract No. 919, located at 215 -217 Riverside Avenue, on the northwesterly comer of Riverside Avenue and Avon Street, across Avon Street from the United States Post Office. ZONE: SP -5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms. Nelly Brandsma, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert Douk, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Douk concurred with the findings and conditions in Exhibit "A ". Mr. Douk stated that the restaurant typically serves between 17 to 24 patrons during the lunch hour, including • -9- COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX patrons who either walk to the restaurant from adjacent businesses or persons who come into the facility to take food out. In reference to the building's tenants, Mr. Douk, explained that because the tenants are involved in businesses that cause them to be away during the day there is available parking at the rear of the building, and there is ample parking at night. Mr. Douk stated that the building is currently undergoing a renovation program. Mrs. Janine Gault; 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association. She stated that the residents support the restaurant; however, they are concerned with the elimination of 12 parking spaces. Mrs. Gault explained that the Association is addressing their concerns with respect to parking in Mariner's Mile with the Traffic Affairs Committee. Mrs. Gault asked what happened to the 8 parking spaces that were provided at the Shell service station site at the comer of West Coast Highway and Riverside Avenue after the service station was removed from • the site? William Laycock, Current Planning Manager, explained that during the September 20, 1984, Planning Commission meeting, the Commission waived 8 parking spaces that were required by the Commission, September 8, 1983, inasmuch as there was adequate on -site parking. Mr. Laycock stated that Condition No. 10, approved by the Commission in 1984, required the employees to park in the Municipal parking lot. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay and Don Webb, City Engineer, discussed the 10 curbside parking spaces in front of the subject restaurant and the available adjacent parking spaces. Commissioner Pers6n stated that he had concerns regarding the Motion high intensity uses and the lack of parking in the area. Motion was made to approve Use Permit No. 1677 (Amended) subject to the findings and conditions in_ Exhibit "B ", which restricts lunchtime operation during the week. Commissioner Pers6n explained that he was concerned with the future ownership and -10- COMMISSIONERS o boa. o� July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX operation of the restaurant, and the lunch business is based on the number of available parking spaces. In response to a question posed by Chairman Pomeroy, Commissioner Pers6n stated that he would not support an amendment to the motion to restrict the number of seats during the lunch hour because it would become an enforcement problem for staff. Commissioner Debay stated that she would not support the motion based on the restaurant's current lunch hour operation She explained that there is adequate parking nearby, including the Municipal parking lot. Commissioner Debay suggested that Substitute the Planning Commission review the restaurant's operation after Motion * a review of the available parking. Substitute motion was made to approve Use Permit No. 1677 (Amended) subject to the findings and conditions in Exhibit "A ". Following a discussion with Chairman Pomeroy, Commissioner Debay agreed to amend the motion requesting a review of the use permit after Avon Street has been completed. Mr. Laycock referred to Condition • No. 15 in Exhibit "A" which states that the Planning Commission may add or modify conditions of approval to the use permit upon a determination that the operation is detrimental to the welfare of the community. Commissioner Merrill referred to Condition No. 3 in Exhibit "A" which states that the lunch time operation during the week will be limited to the front entrance area and the front dining area (764 square feet of "net public area "). Commissioner Pers6n stated, and Commissioner Glover concurred after reading the. minutes of the foregoing Planning Commission meetings, that the operator of the restaurant had been informed that be may lose the lunch operation after Avon Street was completed. Mr. Laycock explained that Mr. Douk is not the applicant that previously came before the Planning Commission. He said that Mr. Douk was informed by the former operator that the parking spaces in front of the restaurant belonged to the restaurant, and he was not told that the application would have to come back to the Planning Commission for review. • -11- COMMISSIONERS o N July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Commissioner IN Sano with respect to the environmentally sensitive ditch adjacent to Avon Street, Mr. Webb replied that the environmental issue was primarily raised after the Planning Commission meetings in 1983 and 1984 inasmuch as the City was considering several options for Avon Street at that time, and a design had not been finalized. Mr. Webb stated that a discussion previously occurred that the parldng spaces in front of the restaurant would not remain private. Commissioner Di Sano stated that on the basis that -the final alignment of Avon Street was determined after the foregoing Planning Commission meetings, he supported the substitute motion. Commissioner Di Sano cited the aforementioned Condition No. 15, there is auxiliary parking, and the applicant would be given an opportunity to continue to maintain a lunch business. Ayes * * Substitute motion was voted on to approve Use Permit No. 1677 Noes * k (Amended) subject to the findings and conditions in Exhibit "A ". Absent * MOTION DENIED. 16awn Commissioner Pers6n withdrew the original motion, and a motion was made and voted on to continue Use Permit No. 1677 Motion (Amended) to the August 10, 1989, Planning Commission Ayes * * * * meeting. MOTION CARRIED. No Absent A. Use Permit No. 3076 (Continued Public Hearine) Item No.4 Request to review a previously approved use permit which UP3076 permitted the establishment of the Newport Landing Restaurant with on -sale alcoholic beverages and live entertainment on UP31222A property located in the C -1 District. Cont'd to LOCATION: Parcel 1 of Parcel Map 296-38 (Resubdivision 9 -21 -89 No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Douglas L Salisbury, Irvine -12- COMMISSIONERS o July 20, 1989 \\I\' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX OWNER: Same as applicant AND B. Use Permit No. 3122 (Amended)(Continued Public Hearing) Request to review a previously approved use permit which permitted the construction of the Edgewater Place complex, including the Parker's Seafood Grill with on -sale alcoholic beverages and live entertainment, and the Edgewater Place parking structure on property located in the C -1 District. LOCATION: Lots 1 -3, 7 -12, an unnumbered lot, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract; located at 309 Palm Street on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: BA Mortgage and International Realty Corporation, San Francisco OWNER: Same as applicant Commissioner Person stepped down from the dais because of a possible conflict of interest. Robert Burnham, City Attorney, stated that Commissioner Glover has read the Planning Commission minutes of the previous Planning Commission meetings pertaining to the subject establishments and that she is qualified to participate in the public hearing. In response to a question posed by Commissioner Debay, James Hewicker, Planning Director, presented background information with respect to the purpose of reviewing the subject use permits during recent months, and the forthconring review on September 21, 1989, so as to ensure that the establishments are in full • -13- COMMISSIONERS o hod. o� July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX compliance of all conditions of approval, and to review Edgewater Place's pricing policy for the parking structure. In response to a question posed by Commissioner Merrill, William Laycock, Current Planning Manager, explained that the following actions have been accomplished by the establishments: there have been no noise complaints from the Police Department or the neighbors of any doors being left open during the live entertainment; the employees are parking free on the upper level of the parking structure; that 3 adequate temporary handicapped parking spaces are provided between the Newport Landing Restaurant and the parking structure. Mr. Laycock stated that the pricing policy for the parking structure has not been resolved. Mr. Laycock stated that a notice of the subject public hearing was mailed to all of the property owners within 300 feet of the subject property. The continued public hearing was reopened at this time, and Mr. Doug Salisbury, representing Use Permit No. 3076, Newport • Landing Restaurant, and Mr. Jan Humble, representing Use Permit No. 3122 (Amended), the Edgewater Place complex, appeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Humble replied that the parking structure fees are $1.00 per half -hour or a maximum of $10.00; that the customers of the major restaurants receive validated parking; and there is a special validation for the sport fishing operation. In response to questions posed by Commissioner Di Sano with respect to the numerous bicycles in the immediate vicinity, Mr. Salisbury replied that bicycle racks are available in the area; however, when said racks are filled the owners tie the bicycles to the railings. Mr. Webb stated that the Bicycle Trails Committee reviews bicycle issues and makes recommendations to the City Council. In response to Chairman Pomeroy, Mr. Webb stated that he will authorize a report from the Bicycle Trails Committee to the Planning Commission prior to the September 21, 1989, Planning Commission meeting. In response to a question posed by Commissioner Debay with respect to the letter from Gay Wassall-McGee dated July 11, • -14- COMMISSIONERS MINUTES o uoo.o� July 20, 1989 CITY OF NEWPORT BEACH ROLL Call IND�x 1989, pertaining to the Newport Landing Cafe across from Newport Landing Restaurant, Mr. Salisbury explained that the facility is open during the summer as a fish market and delicatessen, and it is managed by one employee. He commented that apparel items are also sold at the facility.. Mr. Hewicker commented that the operation is being managed as approved by the Planning Commission. Ms. Pat Harrison, 2270 Channel Road, appeared before the Planning Commission on behalf of her parents who reside at 415 Edgewater Place. Ms. Harrison described the impact on Adams Street at the alley because the automobiles waiting to enter the parking structure block the area, and she said the delivery trucks park illegally in the alley. In response to questions posed by Chairman Pomeroy, Ms. Harrison replied that the congestion primarily occurs on the week -ends during the summer months. In response to a question posed by Chairman Pomeroy, Mr. Webb explained that illegal parking has been very difficult for the City to enforce without continuous patrol of the area. Mr. Webb and Mr. Hewicker stated that the City previously expressed concerns with respect to the operation and the speed of the equipment to operate the automobile elevators within the parking structure. Ms. Harrison and Commissioner Debay discussed the traffic flow in the vicinity of Adams Street for a possible solution to the congested area. Motion * Motion was made and voted on to continue Use Permit No. 3076 Ayes * * * * * and Use Permit No. 3122 (Amended) to the September 21, 1989, Absent * Planning Commission meeting. MOTION CARRIED. • -15- COMMISSIONERS o Ada. o� July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3357 (Public Hearing,) Item No.5 Request to permit the establishment of a retail sales operation UP3357 involving the sale and installation of electronic sound equipment and cellular phones for automobiles and boats on property Cont'd to located in the M -1 -A District. The proposal also includes a 8 -10 -89 modification to the Zoning Code so as to permit the installation of a related identification sign which will encroach 10 feet into the required 15 foot front yard setback adjacent to Campus Drive. LOCATION: Lot 30, Tract No. 3201, located at 4360 Campus Drive, on the southeasterly side of Campus Drive between Dove Street and MacArthur Boulevard, across from the John Wayne Airport. ZONE: M -i -A . APPLICANT: Jorge R. Oubina, Newport Beach OWNERS: Claudia and Pierre Sawaya and Partners, Irvine William Laycock, Current Planning Manager, stated that staff has requested that this item be continued to the August 10, 1989, Planning Commission meeting to allow the applicant time to submit additional information. to staff. Motion * Motion was made and voted on to continue this item to the Ayes * * * * * August 10, 1989, Planning Commission meeting. MOTION Absent * CARRIED. -16- COMMISSIONERS MINUTES 3\�\ � � o�q d�� July 20, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 3354 (Public Hearing) Item No.6 Request to permit the remodeling of a legal, nonconforming UP3354 automobile service station on property located in the Gl District. The proposal also includes: a modification to the Zoning Code R898 so as to allow pump islands to encroach 5 feet into a required Approved 20 foot setback adjacent to East Coast Highway. AND B. Resubdivision No. 898 (Public Hearing) Request to resubdivide four existing lots into a single parcel of land so as to permit the remodeling of an existing automobile service station on the property. LOCATION: Lots 55 through 58, Block B, Tract No. 673, located at 3928 East Coast Highway, on the northeasterly side of East Coast Highway between Hazel Drive and Seaward Road in • Corona del Mar. ZONE: C -1 APPLICANT: Tait and Associates, Orange OWNER: UNOCAL, Orange ENGINEER: Same as applicant Chairman Pomeroy asked if Condition No. 9, in Exhibit "A" requiring on -site restrooms to be made available to the public at large, was a typical condition placed on service stations? James Hewicker, Planning Director, explained that the condition has been placed on service stations within the past few years at the request of the City Council. The public hearing was opened in connection with this item, and Ms. Kathy Bell appeared before the Planning Commission on behalf of the applicant. In reference to the foregoing Condition No. 9, Ms. Bell stated that it is a policy of UNOCAL to leave the restrooms open for public use. • -17- COMMISSIONERS o �d o • �� July 20, 1989 & \\ ' \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Ms. Bell referred to Condition No. 4 in Exhibit "A", Use Permit No. 3354, stating "That the two most westerly driveways shall be combined so as to provide adequate width ...; or that the most westerly driveway shall be removed and replaced with curb, gutter, and sidewalk. ", and Ms. Bell stated that the applicants have chosen to remove the westerly driveway so as to allow an area to construct a 7 foot planter for landscape purposes. Ms. Bell referred to Condition No. 1 in Exhibit "A ", Resubdivision No. 898, stating "That a parcel map be recorded prior to issuance of a building permit..", and she requested that the condition be amended to state "..prior to a Certificate of Occupancy." Discussion ensued between Commissioner Pers6n and staff with respect to issuance of a Certificate of Occupancy, and Robert Burnham, City Attorney, suggested that the condition be amended to state "prior to final inspection ". In response to a question posed by Commissioner Debay, Don Webb, City Engineer, explained that the service station's driveways are designed to be one -way and extra wide for safe • accessibility. In response to a question posed by Chairman Pomeroy, Ms. Bell stated that she concurs with the findings and conditions in Exhibit "A" with the exception of the foregoing concerns. Commissioner Debay and Ms. Bell discussed the condition and inspection program of the gasoline tanks. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Hewicker referred to a letter from Pete J. Duca, P. E. dated July 14, 1989, addressed to the Planning Commission with respect to the alley across the rear of the subject property and East Coast Highway. Motion * Motion was made and voted on to approve Use Permit No. 3354 Ayes * * * * and Resubdivision No. 898 subject to the findings and conditions Absent * in Exhibit "A ", including revised Condition No. 1 (Resubdivision No. 898). MOTION CARRIED. • -18- COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX USE PERMIT NO, 3354 FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the Police Department has indicated that they do not contemplate any. problems with the proposed. 4. That the approval of Use Permit No. 3354 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements • in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted below. 2. That the parking lot layout shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be approved by the City Traffic Engineer. 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 or obtain a building permit prior to completion of the public improvements. 4. That the two most westerly driveways shall be combined so as to provide adequate width for vehicular ingress and egress in compliance with City Std. 166 -1, the design of which shall be subject to approval of the City Traffic • -19- COMMISSIONERS July 20, 1989. CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Engineer; or that the most westerly driveway shall be removed and replaced with curb, gutter, and sidewalk. 5. That a minimum of ten parking spaces shall be provided on -site for the proposed development and that the location of the handicap parking space shall be approved by the City Traffic Engineer. 6. That one handicapped parking space shall be provided on- site. Said parking space shall be used solely for handicapped self- parking and shall be identified by one handicapped sign on a post and one handicapped sign on the pavement. 7. That all signs shall conform to the provisions of Chapters 20.06.050 C of the Municipal Code. 8. That all mechanical equipment and trash areas shall be screened from East Coast Highway and adjoining • properties. 9. That the on -site restrooms shall be made available to the public at large and not restricted to customers only. 10. That all conditions of approval of Resubdivision No. 898 shall be fulfilled. 11. That the hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. Monday through Friday, 7:00 a.m. to 10:00 p.m. on Saturday and 8:00 a.m. to 10:00 p.m. on Sunday., and that any increase in the hours of operation beyond these hours shall require an amendment to the use permit. 12. That all repair, service and installation activities shall be located within the building. 13. That no major automobile repairs or car washing shall be permitted on the site unless an amendment to the use permit is approved by the Planning Commission. • -20- COMMISSIONERS \ �\ July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 14. Buzzers and amplified signaling bells shall be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring. 15. That any parking lot lighting shall be shielded to conceal the light source so as to control glare and spillage onto adjacent properties. 16. That a landscape plan and related irrigation system for the required landscape planter areas shall be approved by the Parks, Beaches and Recreation Department. Said landscaping and irrigation system shall be implemented in accordance with the approved plans, and shall be continuously maintained. The landscape plan shall consist of 5 foot wide landscape planters along the East Coast Highway frontage of the site, except at approved driveways. 17. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend • to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. 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. B RESUBDIVISION NO, 898 FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the 21 COMMISSIONERS MINUTES July 20, 1989 A CITY OF NEWPORT BEACH ROLL CALL INDEX City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the approval of the final building inspection unless otherwise approved by the Public Works and Planning Departments and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by . Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to approval by the City Traffic Engineer. 4. That the intersection of the driveways and East Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. 5. That the existing deteriorated sidewalk and deteriorated portions of drive aprons along the East Coast Highway frontage be reconstructed under an encroachment permit issued by the California Department of Transportation. 6. That all easements crossing the subject parcel be shown on all grading and building plans. • -22- COMMISSIONERS MINUTES SIR o� July 20, 1989 �' CITY OF NEWPORT BEACH ROLL CALL INDEX 7. 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. Amendment No. 683 (Public Hearing) IItem'No.7 Request to amend Title 20 of the Newport Beach Municipal A683 Code so as to establish a "Site Plan Review', Special Zoning District. Cont I d to 18-10-89 INITIATED BY: The City of Newport Beach William Laycock, Current Planning Manager, stated that staff has requested that this item be continued to the August 10, 1989, Planning Commission meeting. M on * Motion was made and voted on to continue Amendment No. 683 Ayes * * * * to the August 10, 1989, Planning Commission meeting. Absent * MOTION CARRIED. General Plan Amendment No. 89- l(C)ftEhc Hearing) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Multi - Family Residential" with. a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach AND �1111111 COMMISSIONERS July 20, 1989 CITY OF NEWPORT BEACH MINUTES ROLL CALL J J J J J J J J I INDEX 11 • Request to amend the Land Use Plan of the Local Coastal Program so as to redesignate the subject property from "Retail and Service Commercial" to "Multi - Family Residential" with a density of one dwelling unit for each 1,698 sq. ft. of buildable lot area. INITIATED BY: The City of Newport Beach Request to amend a portion of Districting Map No. 20 so as to reclassify the subject property from R -3 -B to R -3 (1698) SPR and to establish a 15 foot front yard setback along the East Coast Highway and Seaward Road frontage of the subject property. D. Site Plan Review No. 50 (Public Hearing) Request to permit the construction of a twenty unit residential condominium development and related subterranean parking area on the subject property. The proposal also includes a modification to the Sign Code so as to permit the installation of a 12 square foot identification sign at the entrance of the development whereas the Zoning Code limits the size of an identification sign in the R -3 District to 6 square feet. E. Coastal Residential Development Permit No. 16 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establisbing project compliance for a 20 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and- Moderate -Income Housing within the Coastal Zone. Cont'd to 8 -10 -89 COMMISSIONERS MINUTES o � July 20, 1989 r NO 0 Xk X CITY OF NEWPORT BEACH F. Tentative Man of Tract No. 14028 I Public Hearing) Request to subdivide an existing lot into a single parcel of land in conjunction with the development of a twenty unit residential condominium project on the subject property. LOCATION: Lot 1, Tract No. 1237, located at 4030 East Coast Highway, on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. ZONE: R -3 -B APPLICANT: Buck Gully Associates, Ltd., Corona del Mar OWNER: Ed Friedl, Corona del Mar ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine William Laycock, Current Planning Manager, stated. that the applicant has requested these items be continued to the August 10, 1989, Planning Commission meeting. Motion * Motion was made and voted on to continue GPA 89 -1(C), LCPA Ayes * * * * No. 17, A68Z SPR No. 50, CRDP No. 16, and TIM No. 14028 Absent * to the August 10, 1989, ..Planning Commission meeting. MOTION CARRIED. DISCUSSION ITEM IDiscussion Amendment No. 686 No * 1 Request to amend Title 20 of the Newport Beach Municipal A686 Code so as to establish a Methane Gas Hazard Overlay Zone and apply said zone to specific properties in the City. x on Motion * Motion was made and voted on to direct staff to notice and set Ayes k * * * * * this item for public hearing on August 24, 1989. MOTION Absent * CARRIED.' • -25- COMMISSIONERS MINUTES ' 115 �' d. o Jul 20 1989 CITY OF NEWPORT BEACH I ROLL CALL J I J J J J INDEX ADDITIONAL BUSINESS: add' i Business Motion Motion was made and voted on to excuse Commissioner Pers6n Ayes * * * from the August 10, 1989, Planning Commission meeting. Person Absent MOTION CARRIED. Excused JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION u IM1111111�