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HomeMy WebLinkAbout08/07/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES y G dG�y�y �o 9N Z� 9y�G 9! �00 0 \15y �\nk\0606 PLACE: City Council Chambers TIME: 7:30 p.m. DATE: August 7, 1986 CITY OF NEWPORT BEACH ROLMMALL INDEX Present x x x x x x x All Planning Commissioners were present. k EX- OFFICIO MEMBERS PRESENT: Carol Korade, Assistant City Attorney * * k William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary * k * Request for Continuances: Request William Laycock, Current Planning Administrator, for commented that staff has recommended that Item No. 3, Continuance Use Permit No. 3207 and Resubdivision No. 829, a 3- story, 2 -unit residential condominium development located at 1819' -A and 1819 § -B West Bay Avenue, be continued to the Planning Commission meeting of August 21, 1986, and the applicant, Richard L. Cooling, has. requested that Item No. 4, Variance No. 1133, regarding the construction of a single family dwelling which exceeds the basic 24 foot height limit on property located at 2301 Pacific Drive, be continued to the Planning Commission meeting of September 18, 1986. Motion x Motion was made to continue Item No. 3, Use Permit No -. All Ayes 3207 and Resubdivision No. 829 to the August 21, 1986, Planning Commission meeting, and to continue Item No. 4, Variance No. 1133, to the Planning Commission meeting of September 18, 1986. Motion voted on, MOTION CARRIED. * * * • COMMISSIONERS yc�^�GO n mGZZ 9N 99Zf A yi^ Am 9 F G f O� ;ZCn V yf�'yf y 9Z FD CITY OF NEWPORT BEACH MINUTES August 7., 1986 ROLLmICALL INDEX Use Permit No. 3220 (Public Hearing) Item No.l Request to permit alterations to an existing roof of UP3220 the Safeway Market which exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District. Approved LOCATION: Parcel 3 and a portion of Parcel 4 of Parcel Map 11 -7 (Resubdivision No. 243) located at 1000 Bayside Drive, on the northwesterly corner of Jamboree Road and Bayside. Drive in the Bayside Shopping Center. ZONE: C -N -H APPLICANT: Craig Combs Associates, Newport Beach OWNER: Irvine Retail Properties Company, Newport Beach The public hearing opened in connection with this • item, and Mr. David Newsome, appeared before the Planning Commission on behalf of the owner, and he concurred with the findings and conditions in Exhibit "A The public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3220, x subject to the findings and conditions in Exhibit "A ". All Ayes Motion voted on, MOTION CARRIED. FINDINGS: 1. That the project is consistent with the adopted goals and policies of the General Plan, and the adopted Local Coastal Program, Land Use Plan. 2. That the increased building height will result in more public visual open space and views than is required by the basic height limit, inasmuch as the building maintains more than adequate setbacks from Bayside Drive and adjoining properties. 3. That the increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. _2- COMMISSIONERS 0 MINUTES August 7, 1986 CITY OF NEWPORT BEACH 4. That the increased building height will not result in undesirable or abrupt scale relationships being created between the structure and the adjoining four story Promontory Point apartment complex that is located in the 32/50 Foot Height Limitation District, or public spaces. 5. That the structure will have no more floor area than could have been achieved without the use permit for the building height. 6. That the project will have no significant environmental impact. 7. The approval of Use Permit No. 3220 will not, under the circumstances of the particular 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 project shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That the parking lot signing and striping shall be subject to further review and approval by the City Traffic Engineer. 3. That Use Permit No. 3220 shall expire if not exercised within 24 months from the date of approval as specified in Section 20.08.090 A of the Newport Beach Municipal Code. -3- rino *1 COMMISSIONERS • MINUTES August 7, 1986 CITY OF NEWPORT BEACH Use Permit No. 3193 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted an automatic car wash with gasoline sales on property located in the C -O -H District. The proposed amendment includes a request to modify the previously approved site plan by relocating the proposed car wash structure and changing the on -site circulation and parking plan. The proposal also includes a modification to the Zoning Code so as to permit signs that exceed the size and number permitted. LOCATION: ZONE: APPLICANT: OWNER: Lot 16, Tract No. Irvine Avenue, corner of Irvine Drive, in the Center. C -O -H 4824, located at 1000 on the northeasterly Avenue and Westcliff Westcliff Shopping Dick Meyers, Shell Oil Company, Anaheim The Irvine Company, Newport Beach William Laycock, Current Planning Administrator, referred to page 3, paragraph 4, of the staff report, and stated that the sentence should read, "All car wash drainage will be collected in a strip drain, and car wash water will enter the sanitary sewer." Mr. Laycock further stated that the applicant does not intend to install telephone booths on the premises. The public hearing was opened in connection with this item, Mr. Ken Van Gordon, 2750 South Harbor Boulevard, Santa Ana, architect, appeared before the Planning Commission on behalf of the applicant, and stated that the applicant concurs with the findings and conditions in Exhibit "A ". In response to an inquiry posed by Commissioner Winburn, Mr. Van Gordon confirmed that there will not be any telephone booths on -site. The public hearing was closed at this time. Ix) I I I I Motion was made to approve Use Permit No. 3193 es (Amended) subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. Q= INDEX Item No.2 UP 319 3A Approved COMMISSIONERS MINUTES August 7, 1986 CITY OF NEWPORT BEACH INDEX FINDINGS: 1. That the proposed development 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 Police Department has indicated that it does not contemplate any problems. 4. 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. 5. Adequate off - street parking spaces are being provided in conjunction with the proposed development. 6. The proposed service station remodel has been designed so as to comply as nearly as possible with the standards for service stations on new sites set forth in Section 20.70.060 of the Newport.Beach Municipal Code. 7. That the reduced area for the "car wash" signs will meet the requirements of the Sign Code, but will still be visible to motorists on the adjoin- ing streets. 8. That the approval of a modification to the Zoning Code, so as to allow an increase in the permitted area and number of signs and the permitted number of wall and free standing signs will not, 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 the proposed modification is consistent with the legislative intent of Title 20 of this Code. • 11111111 9. The approval of Use Permit No. 3193 (Amended) will not, under the circumstances of this.case, be detrimental to the health, safety, peace, -5- COMMISSIONERS MINUTES August 7, 1986 CITY OF NEWPORT BEACH 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 development shall be in substantial confor- mance with the approved plot plan and elevations, except as noted below. 2. That the project shall be designed to eliminate light and glare from adjacent uses and streets. 3. That all mechanical equipment and trash areas shall be screened from the public streets and adjoining properties. 4. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 5. That all noise from radios, stereos or other devices emanating from the station operator shall be confined to the interior of the cashier's booth. 6. That no buzzers or amplified signaling device shall be permitted on the site. 7. That all signs shall conform to the provisions of Chapters 20.06 and 20.70 of the Municipal Code, except for the number of permitted wall signs, and the number and area of gasoline price signs. The "car wash" signs shall not exceed 10 sq.ft. each, and the two price signs shall not exceed the areas required by the State. I I I I I I I 8. That all signs and landscaping shall be designed in accordance with Std. -110 -L and shall be subject to further review and approval by the Traffic Engineer. 9. That all improvements be constructed as required by ordinance and the Public Works Department. -6- COMMISSIONERS yG4`t^GO n BGZZ 9� 9Z f A'c 'si^ _ 9ZE`Z �Z CC 4 `iyy �� 7y CITY OF NEWPORT BEACH MINUTES August 7, 1986 ROL ALL INDEX 10. That a standard use permit agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of the public improve - ments. 11. That the on -site parking and vehicular circulation systems be subject to further review by the Traffic Engineer. 12. That the deteriorated sidewalk be reconstructed along the Westcliff Drive and Irvine Avenue frontages, and that new drive approaches be constructed per City Std.- 166 -L (including the service station side of the two shopping center entrance drives) . All work shall be completed under an encroachment permit issued by the Public Works Department. 13. That an access ramp be constructed per City Std. -181 -L at the intersection of Westcliff Drive and Irvine Avenue under an encroachment permit issued by the Public Works Department. 14. That all car wash activities shall be contained within the building. 15. That all wash water shall drain into the sanitary sewer system and that the wash area drain shall be equipped with a trap for the collection of auto wash residue. 16. That the service station shall be required to provide restrooms to its customers during all hours of operation. 17. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. This use permit shall expire unless exercised within twenty -four months from.the date of appro- val as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -7- COMMISSIONERS yG�t^GG.oc+ BG'Py 9� 999 A S' 9yFy Gy f�9a � y CITY OF NEWPORT BEACH MINUTES August 7, 1986 ROL ALL INDEX A. Use Permit No. 3207 (Continued Public Hearing) Item No.3 Request to permit the construction of a 3- story, UP3207; 2 -unit residential condominium development and related garage spaces on property located in the R -4 District. R829 The proposal also includes a modification to the Zoning Code so as to allow portions of the proposed Continued structure and balconies 'to encroach 16 feet into the to - required 20 foot front yard setback area. 8 -21 -86 AND' B. Resubdivision No. 829 (Continued Public Hearing) Request to create one parcel of land for residential condominium development where one parcel now exists. LOCATION: Parcel 2 of Parcel Map 130 -20 ( Resubdivision No. 590), located at 1819' -A and 1819' -B West Bay Avenue, on the southerly side of West Bay Avenue between 18th Street and 19th Street, on the Balboa Peninsula. ZONE: R -4 APPLICANT: John C. Marvick, Newport Beach OWNER: Ron Pruessing, Newport Beach ENGINEER: Same as applicant Motion x Motion was made to continue this item to the Planning All Ayes Commission meeting of August 21, 1986. Motion voted on, MOTION CARRIED. Variance No. 1133 (Continued Public Hearing) Item No.4 Request to permit the construction of a single family V1133 dwelling on property located in the R -1 District which exceeds the basic .24 foot height limit in the 24/28 Continued Foot Height Limitation District. The proposal also to includes a modification to the Zoning Code so as to 9 -18 -86 allow the structure to encroach 5 feet into the requi- red 5 foot front yard setback area. -8- COMMISSIONERS yGFt^GQa¢ �GTy Tin 9TT� .p s� Tt�o�yt^y CITY OF NEWPORT BEACH MINUTES August 7, 1986 ROL ALL INDEX LOCATION: Parcel 1 of Parcel Map 188 -1 (Resubdivision No. 750), located at 2301 Pacific Drive, on the southwesterly side of Pacific Drive, between Acacia Avenue and Begonia Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Richard L. Cooling, Newport Beach OWNER: Harry E. Westover, Newport Beach Motion x Motion was made to continue this item to the September All Ayes 18, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. Variance No. 1136 (Public Hearing) Item N6.5 V1136 Request to permit alterations and additions to an existing single family dwelling which exceed the permitted 1.5 times the buildable area of the site on Approved property located in the R -1.5 District. LOCATION: Lot 17, Block 18, Section 3, Balboa Island,. located at 1203 North Bay Front, on the southerly side of North - Bay Front, between Amethyst Avenue and Onyx Avenue, on Balboa Island. - ZONE: R -1.5 APPLICANT: Chris R. Stephens, Inc., Costa Mesa OWNERS: Dr. and Mrs. Charles Spencer, Balboa The public hearing was opened in connection with this item, and Mr. Chris R. Stephens, applicant, appeared before the Planning Commission, and stated that he concurs with the findings and conditions for approval in Exhibit "B ". Mr. Stephens presented background information regarding the subject Variance. He opined that there was a misinterpretation of what is considered to be "buildable area ", and that if the additions are 36 inches above the floor that it is not • considered "buildable area ". Mr. Stephens commented -9- COMMISSIONERS MINUTES August 7, 1986 CITY OF NEWPORT BEACH INDEX that the proposed additions are not above 36 inches. Mr. Stephens stated that he has not received any opposition from the adjacent neighbors regarding the proposed Variance. Discussion followed between Mr. Stephens and Chairman Turner regarding when the structural plans were submitted to the Building Department, the plan check corrections regarding the structural changes that were necessary, and when the building permit was issued. In response to a question posed by Chairman Turner regarding the definition of "buildable area ", Mr. Laycock replied that "buildable area" is that area of a site, exclusive of required yard setbacks. Chairman Turner stated that he would support the motion, and that there has. been a combination of errors made by several people. Commissioner Koppelman stated that she would support the motion, and that the owners should not be penalized for mistakes made by others. Motion voted on to approve Variance No. 1136 subject to the findings and conditions in Exhibit "B ", MOTION CARRIED. FINDINGS: I I I I I I 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circum- -10- Dr. Charles Spencer, owner, appeared before the Planning Commission. Dr. Spencer described what the owners have experienced from the beginning of the remodeling with previous architects and contractors, and the hardship that has been encountered by them. • The public hearing was closed at this time. Motion x Motion was made to approve Variance No. 1136, subject All Ayes to the findings and conditions in Exhibit "B ". Commissioner Person.stated that the proposed addition, is only an increase of approximately 50 square feet to the existing structure, and that the owners have encountered a hardship because they relied upon experts who made mistakes. Chairman Turner stated that he would support the motion, and that there has. been a combination of errors made by several people. Commissioner Koppelman stated that she would support the motion, and that the owners should not be penalized for mistakes made by others. Motion voted on to approve Variance No. 1136 subject to the findings and conditions in Exhibit "B ", MOTION CARRIED. FINDINGS: I I I I I I 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circum- -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES August 7, 1986 ROL ALL INDEX stances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as a portion of the requested con - struction has already been completed. 2. That the granting of 'a variance to exceed the permitted gross floor area is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the owner has. made an investment in the partially completed expansion. 3. That the establishment, maintenance, and operation of the use, property, and building will not, 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. • 4. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. 5. That the project will not have any significant environmental impact. CONDITIONS 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations. 2. That the gross floor area of the structure shall not exceed 3,268 sq.ft. (1.89 x buildable area). 3. That the second floor deck shall not he permitted to encroach any further into the front yard setback from North Bay Front than it does at present. 4. That a building permit shall be obtained for the expansion. 5. That this variance shall expire unless exercised • within 24 months of the date of approval as specified in Section 20.82.090 A of the Newport Beach Municipal Code.. -11- COMMISSIONERS MINUTES August 7, 1986 CITY OF NEWPORT BEACH A D D I T I O N A L B U S I N E S S: Chairman Turner stated that there are eight proposed garages adjacent to Fifth Avenue in the Corona del Mar Seniors project in Corona del Mar that may not be consistent with the setbacks that the Planning Commission and the City Council approved at the time the project was approved. He said that the Planning Commission is to determine if the garage encroachments warrant a public hearing by the Planning Commission. Commissioner Person referred to the Modifications Committee hearing on July 22, 1986, regarding the aforementioned encroachments, and he asked if the action taken at the Modifications Committee meeting was in the form of a public hearing. Carol Korade, Assistant City Attorney, replied that the Modifications Committee meeting was a public hearing. I William Laycock, Current Planning Administrator, presented background information regarding the. Corona del Mar Seniors project. He explained that there was 49 a discrepancy between the Planned Community text, which required a 15 foot front yard setback adjacent to.Fifth Avenue, and the plans that were approved by the Planning Commission and the City Council, which had various front yard setbacks along Fifth Avenue. The Modifications Committee approved the garage encroachments on July 22, 1986, and made five findings as to why the proposal would not be detrimental to persons, property, or improvements in the neighborhood. Mr. Laycock and Ms. Korade discussed why the subject Planned Community text would take precedence over the previously approved plans. Ms. Ann Greco appeared before the Planning Commission, representing the Bren Company, developer. Ms. Greco stated that the setbacks on the plans have not been changed; however, there was a misinterpretation of the Planned Community text. Ms. Greco and Mr. Laycock explained how the development would be affected if the setbacks were moved back. Mr. Ron Covington appeared before the Planning 0 11111111 Commission in opposition to the proposed setback encroachments. He said that there is a concern that -12- INDEX Additional Business Corona del Mar Seniors Project COMMISSIONERS Zm � Fy �9Gy °AA °y e^y 7y CITY OF NEWPORT BEACH MINUTES August 7, 1986 ROL ALL INDEX because of the encroachment and height of the structures that there could be a "corridor affect" along Fifth Avenue, and he described how the setbacks could be modified. Motion x Commissioner Person made a motion not to call up Modification No. 3187 because of the variable setbacks on Fifth Avenue, and that he supports the decision made by the Modifications Committee. Commissioner Koppelman hesitantly supported the motion, and commented that the discrepancy between the Planned Community text and the plans should have been discovered .previously. She opined that a 15 foot setback in Corona del Mar is appropriate, and she stated her disapproval of the infringement on the front setback area. She asked that language be drafted for future projects so that the applicant has the responsibility that the plans comply with the Planned Community text. She pointed out that the dwelling units are priced in excess of what the developer had originally predicted, and she would not • be willing for the setbacks to add additional costs to the project. Commissioner Winburn stated that she would support the motion and agreed with Commissioner Person's statement of what would be gained if the application would be called up at this time. Commissioner Winburn stated her regrets that the Planning Commission was not aware of the setback discrepancy. Commissioner Merrill stated his approval of the plot plan along Fifth Avenue and that the corridor will be aesthetically pleasing. Chairman Turner stated that he would support the motion, and he commented that the discrepancy should have been noticed, and he supported the decision of the Modifications Committee. Motion voted on not to call up Modification All Ayes Application No. 3187, MOTION CARRIED. • -13- COMMISSIONERS • is MINUTES August 7, 1986 CITY OF NEWPORT BEACH The Planning Commission discussed the next Orange County Planning Commissioners' Workshop that will be held on Thursday, August 14, 1986, at 1:30 p.m. in the Alicante Princess Hotel in Garden Grove. Commissioners Koppelman, Winburn, Eichenhofer, and Merrill indicated that they will be attending said workshop and dinner. a + AD J O U R N M E N T: 8:40 p.m PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -14- INDEX O. C. Planni Commission Adjournment