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HomeMy WebLinkAbout08/05/199340 �Inlo V CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: August 5, 1993 MINUTES ROLL CALL EgDEX Present Absent * * Commissioner DiSano was excused. (Commissioner Gifford arrived at 7:33 p.m. and Commissioner Pomeroy arrived at 7:34 p.m.) sss EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney Javier Garcia, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of July 22. 1993 Minutes of Motion Motion was made and voted on to approve the July 22, 1993, 7/22/93 Ayes * * * Planning Commission Minutes. MOTION CARRIED. Abstain Absent. * * ■ : : Public Comments: Public Comment: No one appeared before the Planning Commission to speak on non - agenda items. sss Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, July 30, 1993, in front of City Hall. ss COPAMSSIONERS CITY OF NEWPORT BEACH MINUTES 'ROW Augrust 5 1993 ROLL CALL INDEX Resubdivision No. 932 {Discussion) Item No. Request to permit the extension of a previously approved 8932 resubdivision that permitted the resubdivision of three Iris Avenue lots into a single parcel of land for single family residential Approved development and to adjust the common interior property line between the proposed his Avenue parcel and a Breakers Drive lot. The approval also included an exception to the Subdivision Code so as to allow the creation of a parcel which is less than 50 feet wide. LOCATION: Lots 30, 32 and 34, Block A -36, Corona del Mar, located at 126 -130 Iris Avenue; and Lot 1, Tract No. 1026 located at 3016 Breakers Drive, on the southeasterly corner of his . Avenue and Ocean Boulevard and on the northerly side of Breakers Drive, easterly of Iris Avenue, in Corona del Mar. ZONES: R -1 and R -2 APPLICANT: Kim Campbell, Corona del Mar OWNER: Old World Craftsman Inc., Corona del Mar ENGINEER: Paul Como, Newport Beach Mr. Kim Campbell, applicant, appeared before the Planning Commission. In response to a question posed by Mr. Campbell, Chairman Merrill explained that the recommendation is to extend the approval of Resubdivision No. 932, to August 27, 1995, as stated in Condition No. 1, Exhibit "A ". Motion Motion was made and voted on to approve Resubdivision No. 932, Ayes subject to the findings and conditions in Exhibit "A". MOTION Absent * CARRIED. 0 -2- COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES August 5 1993 ROLL CALL INDEX Finding: 1. That the circumstances under which the original application for Resubdivision No. 932 was approved have not changed and that the granting of a two year extension is appropriate so as to allow the applicant additional time to record the required parcel map. Conditions: 1. That in accordance with the provisions of Section 19.16.010 of the Newport Beach Municipal Code, the original approval of Resubdivision No. 932 is extended two years to the date of August 27, 1995. 2. That all conditions of approval of Resubdivision No. 932, . as approved by the City Council on August 27, 1990, shall be fulfilled. Use Permit No. 3040 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which UP3040A permitted the establishment of a take -out Haagen -Dazs ice cream shop with incidental seating on property located in the Mariner's Approved Mile Specific Plan Area. The previous approval also included the waiver of a portion of the required off - street parking spaces. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to allow the facility to operate as a full service restaurant including table service and on- sale beer and wine. The proposal also includes a request to waive a portion of the required off -street parking spaces. LOCATION: A portion of Lot A, Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast Highway, easterly of . Tustin Avenue, in Mariner's Mile. -3- L MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: SP -5 APPLICANT: John S. Jasper, Newport Beach OWNER: Susan S. Cuse, Newport Beach The public hearing was opened in connection with this item, and Mr. John Jasper, applicant, appeared before the Planning Commission. In response to a question posed by Mr. Jasper regarding Condition No. 3, Exhibit "A ", Don Webb, City Engineer, explained that the condition requires the Site Plan be reviewed by the City Traffic Engineer. Commissioner Edwards and Chairman Merrill addressed their concerns regarding the availability of parking in the commercial center. Mr. Jasper explained that the majority of the businesses in the complex are only open during daytime hours until 5:00 p.m. Ample parking is available during the daytime hours in the complex and the Mariner's Mile Municipal Parking Lot, and there is no parking problem during the evening hours. Commissioner Glover concurred that there is plentiful parking adjacent to the subject restaurant. Discussion ensued regarding the adjacent multi -tenant buildings that are adjacent to the subject establishment, and the fact that the Art Center has posted signs indicating parking is only available for customers of the Center and there may be some confusion since there is one sign that says Art Center and Haagen -Dazs. It was pointed out that it needs to be made clear that the applicant's customers are also Art Center customers and can park in all spaces on the site. In response to a question posed by Chairman Merrill, Mr. Jasper concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. • i -4- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES AuLrust 5.1993 ROLL CALL INDEX Motion Motion was made to approve Use Permit No. 3040 (Amended), subject to the findings and conditions in Exhibit "A ", and to modify Condition No. 3, stating that the signs in the parking lot be changed to show that common parking is available for the entire complex, including patrons of the proposed restaurant. Painted signs could be posted if there is exclusive parking for specific tenants. sub. Substitute motion was made to approve Use Permit No. 3040 Motion (Amended) subject to the findings and conditions in Exhibit "A ". Robin Flory, Assistant City Attorney, addressed Commissioner Ridgeway's original motion. She suggested that signs could be posted at the restaurant indicating that parking is available throughout the complex. Following a discussion with respect to the City Traffic Engineer reviewing the signs relating to circulation and parking, Mr. Hewicker suggested that Condition No. 3 could be amended to state that the City Traffic Engineer shall review the on -site parking, signage, vehicular circulation and pedestrian circulation with the idea that the parking in the complex is for the use of all the tenants. In response to a question posed by Commissioner Glover, Mr. Webb explained that the City Traffic Engineer would require that the signage be changed to common parking, and if the management of the complex objects to the parking requirement then the City Traffic Engineer would review the request to determine if the parking is reasonable. Commissioner Glover expressed a concern that tenants should not be required to surrender previously assigned parking spaces. Ayes Substitute motion, as amended, was voted on. SUBSTITUTE Absent * MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land . Use Element of the General Plan and the Local Coastal -5- CITY OF NEWPORT BEACH MINUTES Imw I I AuLrust 5. 19 ROLL CALL INDEX Program, Land Use Plan, and is compatible with the surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That the project will not have any significant environmental impact. 5. That adequate parking is available on -site and in the nearby Mariner's Mile Municipal Parking Lot to accommodate the proposed facility and the other uses existing on the subject property. 6. That the waiver of the development standards as they pertain to a portion of the required parking spaces (12 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site will not be detrimental to adjoining properties given the developed characteristics of the existing facility. 7. That the approval of this application 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 the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan, . except as noted in the following conditions. -6- COMMISSIONERS - �1k\A\0 ��'O�OSv 0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the outdoor dining area shall be limited to a maximum "net public area" of 260± square feet and the interior dining area be limited to a maximum "net public , area" of 330± square feet with the total "net public area" not to exceed a maximum of 590 sq.ft.. 3. That the on -site parking, signage, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. Signage review shall include a clarification to be certain that the applicant's customers know they can use all the parking spaces in the Center. 4. That all trash shall be stored in the building or screened from West Coast Highway and adjoining properties until scheduled trash pick -up occurs. . 5. That the development standards pertaining to a portion of the required parking spaces (12 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site are waived. 6. That all employees shall park on -site at all times. 7. That the applicant provide the City with written acknowledgement that he understands that the provisions of the Mariner's Mile Specific Plan in Section 20.62.050 C (1) of the Municipal Code provides as follows: "A 12 foot wide setback along the northerly side of West Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet." and that the applicant's proposed patio area and a small portion of the building lies within the setback area for the future widening of West Coast Highway, and that the applicant or their assigns will not object to the widening of West Coast Highway based on the loss of the patio and building area. 8. That a building permit and /or Certificate of Occupancy . shall be obtained for the proposed changes to the existing -7- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX tenant space as required by the Uniform Building Code and the Building Department. 9. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. No signs on the sidewalk or A -frame signs shall be permitted. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 12. That grease interceptors shall be installed on all fixtures in . the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 13. That the sidewalk in front of the facility shall be kept clean and regularly maintained. Said walkway shall be swept, vacuumed, or washed in such a manner that any debris or waste -water does not enter the storm drain system or the Bay. 14. That Coastal Commission approval shall be obtained prior to issuance of building permits for the tenant improvements or implementation of the proposed conversion associated with this approval. 15. That live entertainment or dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. . 16. That Use Permit' No. 3040 shall become null and void. -8- COMMISSIONERS a 4%L'e % � kw\im\�VO CITY OF NEWPORT BEACH MINUTES MW I I I I I August 5 1993 ROLL CALL INDEX 17. That the Planning Commission may add or modify conditions of approval to the 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. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3506 (Public Hearin¢) Item No. UP3506 . Request to permit the establishment of a dance studio with Approved incidental retail sales on property located in the C -N -H District. LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract No. 4225, located at 1809 Westcliff Drive, on the southwesterly side of Westcliff Drive, between Irvine Avenue and Dover Drive, in the Westcliff area. ZONE: C -N -H APPLICANT: Cindy Ann Soto, Newport Beach OWNER: Westcliff Center Associates, Newport Beach The public hearing was opened in connection with this item, and Ms. Cindy Soto, applicant, appeared before the Planning Commission, and she concurred with the findings and conditions in Exhibit "A ". -9- COMMISSIONERS POW % 0 CITY OF NEWPORT BEACH MINUTES Au t 1 ROLL CALL INDEX In response to a question posed by Ms. Soto, James Hewicker, Planning Director, explained that Chapter 20.06 of the Municipal Code is the Sign Ordinance. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3506 Ayes * * * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent CARRIED. Finding: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with . surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. 4. That the approval of Use Permit No. 3506 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, footprint plan and elevation, except as noted below. 2. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. -10- COMMISSIONERS io CITY OF NEWPORT BEACH MINUTES 1 Aufrust 5- 1993 ROLL CALL INDEX 3. That the employees shall park their vehicles on -site at all tunes. 4. That all noise created from dancing and related music shall be confined to the interior of the buildings and all doors and windows within the buildings shall be closed while dance instruction is conducted. 5. That the dance instruction shall be limited to a maximum of 24 students at any one time. 6. That dance instruction shall be limited between the hours of 9:10 a.m. and 9:00 p.m. daily. 7. 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. 8. 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. Use Permit No. 3507 (Public Hearing) Item No.. Request to permit the installation of a temporary building to be UP3507 used for the sale and display of flowers in the open on property Approved located in the RSC -H District. LOCATION: Lots 64 and 65, Tract No. 1210, located at 1800 West Coast Highway, on the northerly side of West Coast Highway, easterly of Rocky Point. -11- CITY OF NEWPORT BEACH MINUTES MW August 5 1993 ROLL CALL INDEX ZONE: RSC -H APPLICANT: Julie A. Browne, Corona del Mar OWNER: Beverly IC. Ray, Newport Beach The public hearing was opened in connection with this item, and Mr. Mike Thomas appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit "A ". Mr. Jim Thomas, contractor for the project, appeared before the Planning Commission. He requested a clarification of Condition No. 3, Exhibit "A", regarding the 8 inch storm drain. Don Webb, City Engineer, replied that the storm drain comes from the top of . the hill and if the water is not diverted it would flood the building. Mr. Webb addressed Condition No. 15 in the staff report recommending a minimum setback of 7 feet from the back of sidewalk in order to provide adequate sight distance. Mr. Thomas replied that the building would be designed to meet the 7 foot setback requirement. In response to a question posed by Chairman Merrill, Mr. Thomas further agreed to comply with recommended Condition No. 16, stating that at such a time as the City widens West Coast Highway that the temporary structure would be relocated so that it does not encroach into the new street right -of -way. In response to a question posed by Commissioner Edwards, Mr. Thomas replied that the temporary building would be located on the property until the property owner has other uses for the property. Discussion ensued regarding the definition of temporary building. Mr. Thomas explained that the proposed temporary building would be constructed identical to their flower shop located on East Coast Highway and Orchid Avenue in Corona del Mar; however, the proposed wooden structure would be custom built to allow a construction trailer /truck to move the building to . another site. -12- o�o�s • CITY OF NEWPORT BEACH MINUTES August 5 1993 ROLL CALL INDEX In response to a question posed by Commissioner Gifford, Mr. Hewicker replied the structure would not be considered sub- standard by Building Code requirements. Commissioner Pomeroy explained that a temporary building is allowed during construction of a permanent residence. If the temporary building is constructed in a factory then the structure would be built under a separate State Code in accordance with the 1976 Uniform Building Code. The difference in a temporary building from a permanent building is the method of attachment and how it is treated by the local jurisdiction. Commissioner Ridgeway stated that the proposed structure would have a permanent appearance, and it would be a tasteful addition to the property. . There being no others desiring to appear and be heard, the public bearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3507 Ayes * * * subject to the findings and conditions in Exhibit "A ". MOTION Absent * CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer . per Section 20.80.060 of the Municipal Code. -13- COMMISSIONERS SAO �'���f•��d��,s • CITY OF NEWPORT BEACH MINUTES August 5 1993 ROLL CALL INDEX 5. That adequate off - street parking will be provided in conjunction with the proposed development and that no existing parking spaces will be eliminated in conjunction with the outdoor sales. 6. That the approval of Use Permit No. 3507 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 the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial . conformance with the approved plot plan, floor plan, sections and elevations, except as noted below. 2. That the outdoor sales area shall be confined to the extent shown on the approved floor plan. 3. That the existing 8 inch diameter storm drain outlet in the slope behind the proposed building structure be modified to prevent flooding of the proposed new structure as approved by the City Grading Engineer. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That employees shall park on -site at all times. 6. That the hours of operation shall be limited between the hours of 9:00 a.m. and 7:00 p.m. daily. 7. That all work and storage areas shall be maintained in a clean and orderly manner. -14- vttt- t P�O�Po o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 8. That all signs shall conform with the applicable portions of Chapter 20.06 of the Newport Beach Municipal Code. No signs on public property or temporary A -frame signs shall be permitted. 9. That restrooms within the existing building on -site shall be available to the customers and employees of the proposed flower sales facility. 10. In the event that the adjacent property to the west is developed, the owner of the subject property shall insure that the proposed construction shall comply with Uniform Building Code requirements as it relates to its proximity to the westerly side property line. 11. That the proposed construction conform to the State disabled access regulations. 12. That one handicapped parking space shall be designed within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for the handicapped space. 13. That the Planning Commission may add to or modify conditions of approval to the 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. 14. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 15. That the proposed structure be redesigned in such a way as . to maintain a minimum setback of 7 feet from the back of -15- COBOOSSIONERS CITY OF NEWPORT BEACH MINUTES August.). 1 ROLL CALL INDEX sidewalk in order to provide adequate sight distance in accordance with the City Sight Distance Standard 110-L 16. That, at such a time as the City widens West Coast Highway, the temporary structure shall be relocated so that it does not encroach into the new street right -of -way. The new building location shall be approved by the Public Works Department. ADDITIONAL BUSINESS: Add l i Busines, Motion Ayes * * * * * * Motion was made and voted on to excuse Commissioner Pomeroy from the August 19, 1993, Planning Commission meeting. MOTION CARRIED. .Absent ADJOURNMENT: 8:15 p.m. Adjourn ANNE K. GIFFORD, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -16-