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HomeMy WebLinkAbout08/20/1998• L CITY OF NEWPORT BEACH Planning Commission Minutes August 20, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Fuller, Ridgeway, Ashley, Selich, Gifford, Adams and Kranzley — Commissioners Fuller, Ashley and Gifford were excused STAFF PRESENT: Sharon Z. Wood - Assistant City Manager Patricia L. Temple - Planning Director Dan Ohl - Deputy City Attorney Rich Edmonston— Transportation and Services Manager Ginger Varin — Executive Secretary to Planning Commission Marc Myers - Associate Planner Minutes of August 6 1998: Motion was made by Commissioner Ridgeway and voted on, to approve as written, the August 6, 1998 Planning Commission Minutes. Ayes: Ridgeway, Selich, Adams, Kranzley Noes: None Absent: Fuller, Ashley, Gifford Abstain: None Public Comments: none Posting of the Agenda: The Planning Commission Agenda was posted on Friday, August 14, 1998 outside of City Hall. INDEX Minutes Approved Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes August 20, 1998 Newport Nails ( Thanh V. Bui, applicant) 3117 Newport Boulevard • Use Permit No. 3634 Request to approve a waiver of the off - street parking requirements for a personal service nail salon use on a property located in the SP-6 (RSC) District. The request is a waiver of seven (7) parking spaces. Marc Myers, at Commission inquiry, noted that the nail salon has been in operation for a year and a half and during that time there have been no reports of parking deficiencies. Public Comment was opened. Melinda Powell, ANC Management at 1600 Dove Street, spoke on behalf of the William Cagney Trust and the applicant. She thanked staff for their efforts on this project. In response to Commission inquiry, she noted that they have read, understand and agree to the findings and conditionsof approval. Public Comment was closed. • Commissioner Kranzley asked about the basis for a requirement of not more than four stations, and if it should be made a condition rather than an agreement. Marc Myers answered that there is no specific requirement on the number of stations provided that parking is available or that a parking waiver has been granted. However, since the nail salon is in existence, the Building Department, upon their review, has asked that the number of employees be limited due to the presence of a single restroom. Commissioner Adams stated that if the Planning Commission is going to allow this parking variance, the number of stations and the number of employees should be capped and noted as a condition of approval in order to keep the parking demand down. Public Comment was re- opened. Ms. Powell clarified that Commission is now asking for a condition of approval that would limit the number of nail stations to six and the number of maximum employees to four. This would mean that the number of stations or employees would not be allowed to increase. Mrs. Thanh V. Bui, 3117 Newport Boulevard agreed to adding this condition that would limit the number of employees to four and the number of nail stations to six. She understands that this would restrict her from adding more employees or another restroom and stated that she has no plans to expand in the future. 11 INDEX UP 3634 Approved City of Newport Beach a� Planning Commission Minutes August 20, 1998 Public Motion was made by Commissioner Adams for approval of Use Permit No. 3634 subject to the findings and conditions Exhibit A including a condition that the business be restricted to six nail stations and a maximum of four employees. Ayes: Ridgeway, Selich, Adams, Kranzley Noes: None Absent: Fuller, Gifford, Ashley Abstain: None Findings 1. The proposed development is consistent with the General Plan and is a permitted use in the Retail Service Commercial designation. 2. The proposed development will not have any significant environmental impacts. 3. The approval of Use Permit No. 3634 will not, under the circumstancesof 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 and further, the use is consistentwith the legislative intent of Title 20 of this Code. Also, the waiver of parking will not be detrimental to surrounding properties for the following reasons: Adequate parking is provided on -site for the existing uses. Peak parking demand for two or more uses in the center does not occur simultaneously. Portions of the customers are multiple tenant users and walk -ins from the neighborhood. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. A waiver of 7 parking spaces shall be granted and one parking space for each 250 sq. ft. of gross floor area (4 spaces) shall be provided on -site. 3. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. The project shall comply with State Disabled Access requirements. 5. All employees shall park on -site. • I.I7;1 City of Newport Beach • Planning Commission Minutes August 20, 7998 I 1 u • 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 Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 8. The nail salon is limited to six nail stations and a maximum of four employees. SUBJECT: Spa G regorie's (Cha rles Cortright, all icant) 200 Newport Center Drive, Suite 200 • Use Permit No. 3636 Request to permit the establishment of an independent massage use as an accessory use in conjunction with a full - service beauty and skin care personal service salon. Public Comment was opened. Charles Cortright, applicant of 200 Newport Center Drive, Suite 100 in response to Commission inquiry stated he has read, understands and agrees to the findings and conditions in the staff report. Public comment was closed. Motion was made by Commissioner Ridgeway to approve Use Permit No. 3636 subject to the findings and conditions in Exhibit A. MOTION CARRIED. Ayes: Ridgeway, Selich, Adams, Kranzley Noes: None Absent: Fuller, Gifford, Ashley Abstain: None Findings: The proposed development is consistent with the General Plan since an independent massage establishment is a permitted use in the Administrative, Professional and Financial Commercial designation. 2. The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). INDEX Item No. 2 UP 3636 Approved City of Newport Beach • Planning Commission Minutes August 20, 1998 3. Adequate on -site parking is available for the existing and proposed uses. 4. The proposed massage establish mentwill not be contrary to the public interest or injuriousto nearby properties and is consistentwith the legislative intent and the location requirements for massage establishments established in Chapter 20.87 of the Municipal Code for the following reasons: • The massage establishment is not within 500 feet of a public or private school, park or playground, civic center, cultural site or church site. • The massage establishment is not within 500 feet of any other massage establishment. • The massage establishment is part of a larger, personal service salon, which is a use typicallyfound in commercial districts. 5. The approval of Use Permit No. 3636 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 for the following reasons: The proposed operation of the massage establishment is an accessory use to a state licensed cosmetology establishment, and meets the requirements of Chapter 20.87 of the Municipal Code. • The massage establishmentwill not create a parking impact. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That one parking space for each 250 sq. ft. of gross floor area shall be provided on -site. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 4. That the project shall comply with State Disabled Access requirements. 5. That all employees shall park on -site. 6. That the hours of operation shall be limited between 9:00 a.m. and 9:00 p.m. daily. 5 INDEX City of Newport Beach • Planning Commission Minutes August 20, 1998 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 Use Permit, 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 20.80.090A of the Newport Beach Municipal Code. �x• SUBJECT: Aeronutronic Ford Planned Community District Regulations 2300 Jamboree Road • Amendment No. 879 Amendmentto the Aeronutronic Ford Planned Community District Regulations to: • increase the height limit for dwellings located in area "4C; • increase the height of fences and walls within the Planned Community to • 10 feet due to changes in grade elevations between properties; • accept an Addendum to EIR No. 153 (SCH #94011022) for minor changes to the height limit in area "4C." Mrs. Wood noted: The original amendment was to allow the maximum height in this area to be 35 feet. • The photo exhibits show structures on a number of the lots at lower heights. • The applicant has reviewed these exhibits with the neighboring property owners in Belcourt and is committed to these lower heights. • An amended resolution is being proposed indicating the maximum ridge height for each lot. • These photos are not practical to be part of the conditions or approved document. It is appropriate to include into the record the statement that it is because of this representation that the Commission is willing to approve these heights and it is expected that this is the way the development shall occur. Public comment was opened. Rich Noland, Project Manager for Pacific Bay Homes, stated that they understand and agree with staffs recommendations. Continuing, he noted that Pacific Bay Homes has met with the Belcourt Homeowners Association board members as well as having sent letters to adjacent area homeowners in 4C. The neighbors have seen the exhibits and have stated their agreement with what is being proposed tonight. • INDEX Item No. 3 A 879 Approved City of Newport Beach • Planning Commission Minutes August 20, 1998 n U • Public comment was closed. Motion was made by Commissioner Ridgeway to adopt Resolution No. 1475 recommending approval of Amendment No. 879 to the City Council. MOTION CARRIED. Ayes: Ridgeway, Selich, Adams, Kranzley Noes: None Absent: Fuller, Gifford, Ashley, Abstain: None SUBJECT: Points of discussion: Oral Report regarding "Windows on the Bay" use permit. The conditions of approval for this use permit specified that the Planning Commission review this item in July 1998- This is an oral report that will be followed up at the next meeting with a written report. There are two issues of compliance: The audio speakers were lowered but not to the height specified in the conditions. They have since been removed and the applicant indicates they will be relocated at the correct height in the future. Additionally, there is a remaining speaker in a tree that also should be relocated. The other condition is for a patio door that was to completely close off the patio from the Lido Isle area as a noise protection. The applicant has submitted a letter from his architect indicating that this would not be possible and still comply with the American with Disabilities Act. The condition of approval allows that as an exception. The Building Department has reviewed that letter and agrees that the door would not comply with ADA, however, it may be possible for the Building Department to grant an exception of compliance with the ADA if the Commission feels that the door should be something to be required. At Commission inquiry, Mrs. Wood noted that there have been no noise complaints to date. The door issue will be brought forward at the next meeting since there is no action being asked of the Commission at this meeting. The other issue that was to be reviewed during the month of July was the Cannery. That issue was denied and therefore no action is necessary. INDEX Item 4 Discussion Item City of Newport Beach Planning Commission Minutes August 20, 1998 ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Acting City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the Council meeting on August 1 Vh there were two code amendments presented (one for temporary political signs was adopted and the introduction of the miscellaneous code amendments). The Council authorized a letter to be sent to ABC regarding a request of Speedway Restaurantto modify and remove conditions in its Alcoholic Beverage License. b.) Oral report from Planning Commission's representative to the Economic Development Committee - The presentation on the Dunes project was canceled and will be presented at a later date. c.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none. d.) Matters, which a Planning Commissioner may wish to place on a future agenda for action and staff, report - none. g.) Requests for excused absences - none • .. ADJOURNMENT: 7:30 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 40 INDEX Adjournment