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HomeMy WebLinkAbout09/19/1991COMMISSIONERS 0 le q� r REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. : DATE: September 19, 1991 CITY OF NEWPORT BEACH . MINUTES _RV CALL INQEX Present Absent * Chairman Di Sano and Commissioner Pomeroy were absent. x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary x : x • Minutes of September 5. 1991: minutes of 9/5/91 Motion Motion was made and voted on to approve the September 5, 1991, Ayes * * Planning Commission Minutes. MOTION CARRIED. Abstain Absent x x x Public Comments: Public comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, reported that the Planning Agenda Commission Agenda was posted on Friday, September 13, 1991, in front of City Hall. • xxx COMMISSIONERS �'3' C � `'� Odd r September 19,1991MINUTES CITY OF NEWPORT BEACH R CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, stated that the applicant, Joe Continue Balbas, requested that Item No. 1, Resubdivision No. 969, regarding property located at 612 Avocado Avenue, be continued to the October 10, 1991, Planning Commission meeting. He further stated that Richard Ribera, applicant, has requested that Item No. 3, Use Permit No. 3120 (Amended) regarding property located at 600 Edgewater Place, regarding a video arcade, be continued to the October 10, 1991, Planning Commission meeting. Motion * Motion was made and voted on to continue Items No. 1 and 3 to Ayes the October 10, 1991, Planning Commission meeting. MOTION Absent * * CARRIED. Resubdivision No. 969 (Continued Public Hearing) Item. No.I Request to resubdivide an existing lot into a single parcel of land 8969 . for a two family residential condominium development on property located in the R -2 District. 10 /10a to 10/10/91. LOCATION: Lot 17, Tract No. 682, located at 612 Avocado Avenue, on the southeasterly side of Avocado Avenue, between Third Avenue and Fourth Avenue, in. Corona del Mar. ZONE: R -2 APPLICANT: Joe Balbas, Newport Beach OWNER: Same as Applicant ENGINEER: Valley Consultants, Santa Ana James Hewicker, Planning Director, stated that the applicant, Joe Balbas, has requested that this item be continued to the October 10, 1991, Planning Commission meeting. * Motion was made and voted on to continue Item No. 1 to the ion * * * * * October 10, 1991, Planning Commission meeting. MOTION ent * * CARRIED. -2- COMMISSIONERS 0 September 19,.1991MINUTES CITY OF NEWPORT ` EACH R CALL INDEX Resubdivision No. 950 (Amended) &blic HeadU) Item No.2 Request to amend a previously approved resubdivision which R950A permitted the conversion of an existing duplex into a two unit Denied residential condominium development. The proposed amendment involves a request to revise Condition No. 4 of .the previous. approval, so as to delete the requirement for separate sewer connections for each unit. LOCATION: Lot 62, Tract No. 1237, located at 405 and 407 Columbus Circle, at the southwesterly terminus of Columbus Circle, westerly of Serra Drive, in Corona Highlands. ZONE: R -2 -B APPLICANT: Ronald Centra, Corona del, Mar • OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar James Hewicker, Planning Director, referred to page 2 of the staff report regarding Use Permit No. 3420 and Resubdivision No. 957 on property located at 208 -210 Carnation Avenue, and the statement that a 4 15th majority of the Planning Commission felt that it is inappropriate to approve a condominium project with common sewer lines. He suggested that the erroneous sentence be rewritten to state while the Planning Commission supported the concept of common sewer lines (5 Commissioners voting Aye), the vote was not sufficient to provide the 4 15th majority necessary to waive the requirement. Mr. Hewicker explained that the Planning Department has been processing residential condominium conversion applications through the Planning Commission and the City Council with the belief that the requirement for individual sewer connections was a requirement of the Uniform Building Code. He said that the Building Department recently informed the Planning Department that individual sewer connections are not required; therefore, he concluded there is not a requirement by • either the Zoning Ordinance or the Uniform Building Code that requires a residential condominium project be constructed with -3- COMMISSIONERS September 19,:4991MINUTES \0 ee\N CITY OF NEWPORT BEACH R CALL INDEX individual sewer connections or groups of sewer connections in the case of larger projects. He said that the City has consistently required, with few exceptions, individual sewer connections for residential condominium construction, and is a condition of resubdivisions or tentative tract maps. Don Webb, City Engineer, explained that the requirement for separate connections has been recommended by the Public Works Department for about 25 years. He said that a problem that could occur if the utilities are not separated is a sewage blockage from the adjacent neighbors, and could cause damage to a homeowner's property. In response to questions posed by Commissioner Glover, Mr. Hewicker explained that the applicant requested that the subject application be reconsidered by the Planning Commission based on the City Council's approval of Use Permit No. 3420 at its meeting of August 12, 1991, waiving the requirement for a separate sewer connection, and the applicant is requesting a similar consideration. Mr. Webb explained that the Public Works Department suggested that a separate sewer connection be waived for 208 -210 Carnation Avenue, Use Permit No. 3420, based on the design of the residential condominiums in the three story building. Mr. Webb indicated that the applicant has not contacted the Public Works Department as recommended in Condition No. 4, Resubdivision No. 950. He determined that based on the design of the existing duplex, the Public Works Department would not normally recommend a waiver of a separate sewer connection. In response to a question posed by Commissioner Merrill with respect to the estimated cost to complete the sewer line separation, Mr. Webb explained that inasmuch as the Public Works Department has not reviewed the plans of the condominium conversion, it would be difficult to comment on the estimated cost of the project. In response to questions posed by Commissioner Gross, Robin Flory, Assistant City Attorney, explained that Use Permit No. 3420 and Resubdivision No., 957 were approved by the City Council subject to the project's CC &R's that would be prepared by outside . counsel. She further explained that review of the CC&R's maintenance and repair provisions would be reviewed by the Public -4- COMMISSIONERS September 19, 1991MINUTES d CITY OF NEWPORT BEACH R CALL INDEX Works and Building Departments. Commissioner Gross and Ms. Flory discussed the City's legal responsibility of a cross easement when property owners clearly own sewer and waterlines. Mr..' Hewicker explained the actions that the applicant or the City Council would be required to take if the amendment to revise.. Condition No. 4 of the subject resubdivision is reviewed by the City Council. Commissioner Debay addressed previously approved residential condominium conversions and the provisions regarding public water and sewer systems. Mr. Webb explained that the only individual water and sewer connection that was waived, and recommended by the Public Works Department because of the construction of the building, was the residential condominium conversion located at 208 -210 Carnation Avenue, Resubdivision No. 957. Commissioner Glover and Mr. Hewicker discussed the time factor that allowed residential condominium conversion applications. In response to a concern expressed by Commissioner Merrill • regarding the City's responsibility of a backed up sewer line, Ms. Flory explained that it would be necessary to determine the primary cause of the back up and if the cause would be in the main sewer line or on private property. The public hearing was opened in connection with this item, and Mr. Ron Centra, applicant, appeared before the Planning Commission. He explained that when he received a cost estimate from a licensed plumber, he was informed the main sewer line of the two level duplex is approximately 13 feet underground. He said that he would install separate water lines, and a separate clean out in the street to match the existing clean out as required by the City. Mr. Centra stated that the proposed CC &R's would address the common area, and any problems that could occur would be the responsibility of the property owners. In response to a question posed by Acting Chairman Edwards; Mr. Centra concurred with the finding and conditions in Exhibit "A", allowing individual water service connections, and the CC&R's indicating there would be common sewer sections located on • private property. In response to a question posed by Commissioner Merrill, Mr. -5- COMMISSIONERS o 0 0 September 19, 1991MINUTES CITY OF NEWPORT BEACH R CALL INDEX Centra replied that the subject duplex was constructed during the 1960's, and the duplex units were remodeled with new plumbing and electrical fixtures. Mr. Centra submitted a copy of the plumbing contractor's $17,900.00 estimate to the Planning Commission and, Mr. Webb. In response to a question posed by Acting Chairman Edwards, Mr. . Centra replied that he would not have to perform the work indicated on the estimate if a common sewer line would be installed. In response to a question posed by Mr. Webb, Mr. Centra replied that the lower floors of the duplex are concrete. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Debay reviewed the number of residential condominium conversions that the Planning Commission approved during the past year, and she concluded that the subject request • would not set a precedent to amend the foregoing applications. In response to a request by Commissioner Gross for a recommendation, Mr. Webb suggested approval of the original condition of Resubdivision No. 950, stating that each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department, and he recommended that the applicant provide the building plans to the Public Works Department for staff to review and to make a determination. Motion * Motion was made to deny Resubdivision No. 950 (Amended) subject to the findings in Exhibit "B ". Commissioner Glover supported the motion on the basis that a common sewer system would create substandard housing. In response to a question posed by Acting Chairman Edwards; Mr. Webb explained that the environmental and the efficiency of the common and individual sewer systems would not differ. • Commissioner Debay did not support the motion on the basis that she could not make the findings that the project would be detrimental to the adjacent properties or improvements, and that 6- COMMISSIONERS September 19, :1991MINUTES 0 �0�� CITY OF NEWPORT BEACH RVE CALL INDEX it is necessary to separate the sewer connections to have proper working facilities. She also indicated there is a need for more affordable housing. Mr. Hewicker suggested an additional finding for denial in Exhibit "B ", indicating that the original Condition of Approval No. 4 of Resubdivision No 950, would require a separate sewer connection, or would allow a common sewer system, if approved by the Public Works Department. The maker of the motion amended the motion as suggested by Mr. Hewicker inasmuch as Finding No. 3 would allow the City Engineer to make the determination of a separate or common sewer system. Acting Chairman Edwards did not support the motion on the basis that the efficiency of a sewer system would not differ if the service would be common or separate, and he recognized the economic cost that would be required of the applicant. He indicated that the Public Works Department may make the final determination of the • sewer system. Ayes * * * Motion was voted on, and MOTION CARRIED to deny Noes * * Resubdivision No. 950 (Amended) subject to the amended findings Absent * * in Exhibit "B ". FINDINGS: 1. That the waiver of the requirement for separate sewer connections to each unit will be detrimental to adjacent properties or improvements than would strict compliance with such standard. 2. That the requirement for separate sewer connections to each unit is necessary in order to insure proper maintenance and repair of sanitation facilities within the project. 3. That the original Condition of Approval No. 4 of Resubdivision No. 950, would require a separate sewer connection, or would allow a common sewer system, if approved by the Public Works Department. • -7- COMMISSIONERS Ash \0 September 19, 1991M I N UT ES CITY OF NEWPORT BEACH R CALL INDEX Use Permit No. 3120 (Amended) (Originally Designated as Use ; Item No.3 Permit No. 3428) (Public Hearin ¢) UP3120A Request to amend a previously approved use permit which Cont ' d to permitted the reconstruction and expansion of the Balboa Fun 10/10/91 Zone, located on property in the C -1 District. The proposed amendment is a request to permit the legal establishment of a video arcade on the site which was established without benefit of a use permit. LOCATION: Parcel 1 of Parcel Map 208/4 -6 (Resubdivision No. 724), located at 600 Edgewater Place on property bounded by Edgewater Place, Washington Street, East Bay Avenue, and Palm Street, in Central Balboa. ZONE: C -1 APPLICANT: Richard E. Riberta, Irvine . • OWNER: Doo & Son, Santa Ana James Hewicker, Planning Director, stated that the applicant requested that the subject item be continued to the October 10, 1991, Planning Commission meeting. Notion t Motion was made and voted on to continue Use Permit No. 3120 Ayes * (Amended) to the October 10, 1991, Planning Commission meeting. Absent * MOTION CARRIED. Variance No. 1177 (Public Hearin¢) item No.4 Request to permit the construction of a single family dwelling on v1177 property located in the R -1.5 District which exceeds 1.5 times the buildable area of the site. The proposal also includes a Approved modification to the Zoning Code so as to allow the following encroachments into required setback areas:. a portion of an enclosed stairway, a second floor bay window and a portion of a • second floor terrace encroach one foot into the required 3 foot side yard setback adjacent to an alley; the front portion of the building and a second floor terrace encroach 18 feet into the required 20 -8- COMMISSIONERS Ah \0 l\ee\ September 19, 1991MINUTES CITY OF NEWPORT BEACH R CALL INDEX foot front yard setback; and one second floor bay window and 'a third first floor bay window encroach one foot into the required 3 foot interior side yard setback where the Code permits only two first floor bay window encroachments. LOCATION: Portions of Lot 13 and 14, Section Five, Balboa Island, located at 1605 Balboa Avenue, on the southerly side of Balboa Avenue, between Abalone Avenue and Crystal Avenue, on Balboa Island. ZONE: R -1.5 APPLICANTS: Mr. and Mrs. John S. Wood, Jr., Balboa Island OWNERS: Same as applicants Commissioner Debay requested a clarification of Condition No. S, Exhibit "A ", stating that overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with • Section 19.24.140 of the Municipal Code. Robin Flory, Assistant City Attorney explained that Chapter 15 of the Uniform Building Code, requires the undergrounding of new construction and new dwellings and the requirement also provides for a waiver. In response to a question posed by Commissioner Merrill, William Laycock, Current Planning Manager, explained that the east elevation of the floor plans indicates the height of the proposed third floor deck. Commissioner Merrill stated his concern that the bulk and mass of the subject dwelling would have an impact on the adjacent properties. The public hearing was opened in connection with this item and Mr. Bob Ensign, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Ensign concurred with the findings and conditions in Exhibit 'B ", incorporating the recommendations of staff. Mr. Ensign explained that the plaster rail of the deck is a continuation of the building, and rises 3 feet above the roof deck. In response to a .question posed by Commissioner Merrill, Mr. Ensign explained that the third floor deck is proposed over the office /den on the second floor. Mr. . Ensign further replied that the top of the railing of the third floor deck is 23 feet, 10 inches above natural grade. -9- COMMISSIONERS 09� 110 Ask September 19, 1991MINUTES CITY OF NEWPORT BEACH RWE CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Don Webb recommended the deletion of the foregoing Condition No. 8, Exhibits W and 'B ". He explained that undergrounding would be required by the Building Director under Title 15 of the Municipal Code, the Uniform Building Code, and not Title 19 as stated in the staff report inasmuch as Title 19 refers only to subdivisions and the application is for a variance. Mr. Hewicker explained that the undergrounding will be required under Chapter 15, the Uniform Building Code, and will be an automatic requirement. Commissioner Debay stated that the applicants intend to demolish a duplex that does not provide parking on -site, and the request is to construct a single family dwelling with two on -site parking spaces, and an additional 154 additional square feet of floor area. She explained that the structure's square footage includes 206 square feet in the garage and not livable space. Commissioner Merrill expressed concerns that the bulk of the building will be increased from an 18 foot average to 24 feet, and the impact the 23 foot high blank wall will have on the adjacent properties. The public hearing was reopened, and Mr. Ensign reappeared before the Planning Commission. Mr. Ensign explained that the proposed project conforms with the neighborhood, and he submitted a photograph of the adjacent property that is west of the subject site. He explained that the photographed structure and the structure across from the subject property are comparable in height and bulk to the subject dwelling. In response to a question posed by Commissioner Glover, Mr. Ensign explained the area where windows will be provided within the 23 foot high wall. Mr. Ensign and Commissioner Merrill discussed the impact the third floor roof deck would have on the neighbors. . In response to a question posed by Commissioner Gross, Mr. Ensign explained that he contacted the Planning Department staff with respect to the proposed variance, and he stated that exceeding -10- COMMISSIONERS Aahk \0111 N \ 0 September 19, 19911MINUTES CITY OF NEWPORT BEACH CALL INDEX the allowable 1.5 times the buildable area of the site was not a concern of staff on this particular lot. Mr. Hewicker explained that lots exist on Balboa Island that are a different size than the normal sized lot on Balboa Island, and staff considers what has been permitted on a full size Balboa Island lot and applies a floor area to land area ratio with what should be permitted on smaller lots. He stated that often a variance on the smaller lots would be required. Mr. Hewicker pointed out that the applicant intends to provide two parking spaces that do not currently exist. The public hearing was closed at this time. Motion * Motion was made to approve Variance No. 1177 subject to the . Ayes * * * * findings and conditions in Exhibit 'B ", including deletion of No * Condition No. 8 regarding overhead utilities in accordance with Absent * * Chapter 19 of the Municipal Code. Acting Chairman Edwards supported the motion, and he addressed the foregoing discussion between Commissioner Gross and Mr. Hewicker regarding variance applications. Motion was voted on, MOTION CARRIED. 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 smaller than the typical lot on Balboa Island. 2. That the granting of the variance 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, bulk and height to other buildings in the surrounding neighborhood. 3. That the granting of such application 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 -11- COMMISSIONERS � - o 0 Am h 0 ���� September 19, 1991MINUTES CITY OF NEWPORT BEACH RW CALL INDEX circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the proposed building encroachments into the required front yard setback, as far as it matches the encroachments of the adjoining property, 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 modifications are consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the type and number of proposed building encroachments into the required westerly interior side yard setback and into the easterly alley side yard setback will under the circumstances of this 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 modifications are not consistent with the legislative intent of Title 20 of the Municipal Code. 6. 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. 7. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. CONDITIONS: 1. That the development shall be in substantial conformance with the approved plans, except as noted below. 2. That the proposed gross structural area shall not exceed • 1,924± square feet (with a maximum of 1,684± sq.ft. of living area and a maximum of 240± sq.ft. of garage area). -12- COMMISSIONERS September 19, 1991MINUTES CITY OF NEWPORT BEACH CALL INDEX 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That the development of the subject property shall be limited to a single family dwelling as limited by Section 20.14.030 of the Municipal Code. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 6. That the portion of the first floor structure located within 18 feet of the rear property line be set back a minimum of 5 feet from the alley right -of -way. 7. That the improvements at the intersection of Balboa Avenue and the alley be redesigned to provide adequate sight distance. The sight distance plane line shall be measured from 5 feet behind the street right -of -way at the • alley setback line and projected 15 feet along the property line on Balboa Avenue. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight plane shall not exceed twenty-four (24) inches in height. 8. Deleted. 9. That disruptions caused by construction work and by movement of construction vehicles shall be minimized by the proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 10.. That the proposed steps be removed from within the public right -of -way along Balboa Avenue and that no raised planters be installed in the Balboa Avenue right -of -way unless otherwise approved by the. City Council in conjunction with approval of an encroachment permit issued • by the Public Works Department. 11. That this variance shall expire unless exercised within 24 -13- COMMISSIONERS Agak \0 d September 19, 199)WINUTES CITY OF NEWPORT BEACH R CALL INQEX includes: the requirement for on -site parking spaces for automobile service stations which do not have service bays, but do include the sale of convenience items; the addition of covered mechanical car wash facilities as a permitted activity; the requirement to provide restrooms which are available to the general public for new automobile service stations; and the requirement for fuel price signs to be in compliance with, but not exceed the minimum price sign requirements set forth in the Business and Professions Code of the State of California. motion * Motion was made and voted on to set Amendment No. 738 for Ayes * * * public hearing at its October 10, 1991, Planning Commission . Absent * * meeting. MOTION CARRIED. ADDITIONAL BUSINESS: Ada ' i Business Motion * Motion was made and voted on to excuse Commissioner Debay * from the Planning Commission meeting of October 10, 1991. nt * MOTION CARRIED. Planning Director Hewicker informed the Planning Commission that the Newport - Mesa Association of Realtors has requested that Amendment No. 727, regarding vehicle mounted real.estate signs, be reviewed by the Planning Commission at its meeting of October 24, 1991, rather than at the Planning Commission meeting of October 10, 1991, as originally initiated. Motion was made and Motion Ayes * voted on to set Amendment No. 727 for public hearing at the Absent * Planning Commission meeting of October 24, 1991. MOTION CARRIED. ADJOURNMENT: 8:45 p.m. Adjourn NORMA GLOVER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -15- COMMISSIONERS Aft September 19, 1991MINUTES CITY OF NEWPORT BEACH R CALL INDEX months of the date of approval as specified in Section 20.82.090A of the Newport Beach.Municipal .Code. 12. That the first and second floor encroachments into the required 20 foot front yard setback shall be limited to a maximum of 16 feet (maintain a minimum of 4 feet from the front property line). 13. That the encroachments into the required 3 foot side yard setbacks shall be in accordance with the Municipal Code limitations as to width, number and location. 14. That no portion of the proposed patio or structure on the first floor shall encroach into the required 3 foot side yard setback adjacent to the alley. 15. That the proposed 18 inch high planter within the 3 foot side yard setback adjacent to the alley be replaced with a 6 inch high curb in order to provide increased vehicular access in the 10 foot wide alley. Any planting shall also be limited • to ground cover within the 3 foot side yard setback adjacent to the alley. 16. That the inside garage dimension be increased to a minimum of 10 feet clear interior width to facilitate the ingress and egress of automobiles into the garage. The expanded garage shall not encroach into the required 10 foot rear yard setback. 17. That the garage door opening and any required parking space shall be set back a minimum of 5 feet from the alley right -of -way and that the opening shall be a minimum of 9 feet in width. Amendment No. 738 Disc. Item Request to initiate an amendment to Title .20 of the Newport No. 1 Beach Municipal Code so as to permit the sale of convenience • items such as but not limited to soft drinks candy, cigarettes, > > > h g magazines, ice, and snack food, in conjunction with the operation 10 set for io /lo /91 of automobile service stations. The proposed amendment also -14-