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HomeMy WebLinkAbout09/21/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES o PLACE: City Council Chambers TIME: 7:30 P.M. 0 \\o �.� DATE: September 21, 1989 dh � CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * Commissioner Di Sano and Commissioner Merrill were absent. Absent * * (Commissioner Edwards arrived at 7:33 pmL) EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney : s i William R. Laycock, Current Planning Manager W. William Ward, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary s s : • Minutes of September 7 1989• Minutes of 9 -7 -89 Motion Motion was made and voted on to approve the September 7, Ayes k * * 1989, Planning Commission Minutes. MOTION CARRIED. Absent s s s Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. i i # Posting of the Agenda: Posting James Hewicker, Planning Director, stated that the Planning of the Agenda Commission Agenda was posted on Friday, September 15, 1989, in .front of City Hall. i i i COMMISSIONERS MINUTES 0 o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX Request for Continuances: Request Mr. Hewicker stated that staff has requested that Item No. 2, for contin- Use Permit No. 3076, Landing Associates, located at 503 uances Edgewater Place, and Use Permit No. 3122 (Amended), BA Mortgage and International Realty Corporation, located at 309 Palm Street, be continued to the Planning Commission meeting of October 19, 1989, to allow the applicants additional time to provide information pertinent to the Edgewater Place Parking Structure. Mr. Hewicker further stated that staff has requested that the following items be continued to the October 5, 1989, Planning Commission meeting: Item No. 4, Use Permit No. 1681 (Amended) and General Plan Amendment No. 89 -2K, Balboa Yacht Club, located at 1801 Bayside Drive; Item No. 6, Amendment No. 689, to establish mixed residential /commercial uses in the Cannery Village /McFadden Square Specific Plan Area; and Item No. 7, Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No. 14025, and Coastal Residential Development Permit No. 18, located at 2602 - 2620 Newport Boulevard, regarding the construction of a nixed • use residential /commercial development which includes 36 residential condominium units and 21,315 square feet of commercial floor area. Motion * Motion was made and voted on to continue Item 2 to the Ayes * * * * * October 19, 1989, Planning Commission meeting, Items No. 4, Absent * * No. 6, and No. 7, to the October 5, 1989, Planning Commission meeting. MOTION CARRIED. Mr. Bill Kelly, 409 East Edgewater Place, appeared before the Planning Commission regarding the request to continue Item No. 2, Use Permit No. 3076 and Use Permit No.3122 (Amended) Resubdivision No. 900 P(Public Hearing) item No.l Request to resubdivide two existing lots and a portion of a third x900 lot into two parcels of land for single family residential development on property located in the R -1 District. The Approved proposal also includes an exception to the Subdivision Code so as to create two interior parcels that are less than 50 feet wide and less than 5,000 square feet in area. • 2 COMMISSIONERS MINUTES 0 o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: A portion of Lot 5, and Lots 6 and 7, Block M, Tract No. 518, located at 332 "L" Street, on the easterly side of "L" Street, between East Balboa Boulevard and Miramar Drive, on Peninsula Point. ZONE: R -1 APPLICANT: Mark R. Murphy, Santa Ana OWNER: Same as applicant ENGINEER/ ARCHITECT: Same as applicant Commissioner Pers6n requested a clarification of the following statement in the staff report: that the applicant could legally ... construct a dwelling unit on 20 foot wide Lot 7 and an additional residence on the remaining 35 foot wide parcel with a covenant to hold a portion of Lot 5 and Lot 6 as a single • building site. James Hewicker, Planning Director, explained that R -1 and R -2 Districts permit construction on existing lots where the structure crosses over property lines providing a covenant is recorded; however, commercial, multi - family and industrial districts require the approval of resubdivisions and do not have the covenant option. Commissioner Pers6n stated that without the covenant, the applicant could still construct two structures on the subject property, one dwelling unit on 20 foot wide Lot 6 and one dwelling unit on 20 foot wide Lot 7. The public hearing was opened in connection with this item, and Mr. Mark Murphy, applicant, appeared before the Planning Commission. He 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. Motion * Motion was made and voted on to approve Resubdivision No. Ayes * * * * * 900 subject to the findings and conditions in Exhibit "A". Absent * MOTION CARRIED. -3- COMMISSIONERS MINUTES o� September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the design of the subdivision 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 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 there are special circumstances affecting the property since the new parcels to be created will be no smaller than parcels established by the original subdivision of the • area. in size to other 5. That the proposed parcels are similar parcels in the same block of the subject property. 6. That the granting of the requested exceptions will not be detrimental to the public welfare or injurious to other properties in the vicinity of the subject property. 7. That if the exceptions were denied, the petitioner would be deprived of a substantial property right enjoyed by others in the area. 8. 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 issuance of building permits unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. • -4- COMMISSIONERS MINUTES 0 o September 21, 1989 r ��� �' f CITY OF NEWPORT BEACH ROLL CALL I INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That all vehicular access to the property shall be from the adjacent alley. 4. That County Sanitation District fees shall be paid prior to issuance of any building permits. 5. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 6. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to the recordation of the parcel map. 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. A Use Permit No 3076 (Continued Public Hearine) item No.2 Request to review a previously approved use permit which UP3076 permitted the establishment of the Newport Landing Restaurant UP3122A with on -sale alcoholic beverages and live entertainment on property located in the C -1 District. LOCATION: Parcel 1 of Parcel Map 296 -38 (Resubdivision No. 765), located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Landing Associates, Irvine OWNER: Same as applicant AND -5- COMMISSIONERS MINUTES September 21, 1989 ,������� CITY OF NEWPORT BEACH ROLL CALL INDEX 0 Motion Ayes Absent 0 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 James Hewicker, Planning Director, stated that staff has requested that this item be continued to the October 19, 1989, Planning Commission meeting. Motion was made and voted on to continue this item to the October 19, 1989, Planning Commission meeting. MOTION CARRIED. s s . Use Permit No 2005 (Amended)(Public Hearin Request to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant on property located in the C -1 -H District. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. 0 Item No.3 UP2005A Approved COMMISSIONERS MINUTES o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly I side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. ZONE: C -1 -11 APPLICANT Sumeth Tila, Newport Beach OWNER: Mary Howard, Newport Beach In response to a question posed by Commissioner Debay regarding the entrance into Balboa Coves, Don Webb, City Engineer, explained that the entrance is currently being reconstructed and has been moved to a temporary site. In response to a question posed by Commissioner Pers6n regarding the proposed Municipal Parking Lot located at the • northeasterly corner of Superior Avenue and West Coast Highway, Mr. Webb explained that the Coastal Commission required the City to provide off -street parking spaces that will be lost when West Coast Highway is widened. In response to a question posed by Commissioner Glover, James Hewicker, Planning Director, replied that there is no policy concerning valet parking permitted in a Municipal Parking Lot. Commissioner Edwards asked if the applicant would have sole utilization of the Municipal Parking Lot. Mr. Webb explained that no parking spaces will be guaranteed in the Municipal Parking Lot for the valet service, and if parking meters are installed, the applicant will be required to place money in the meters. In response to Commissioner Edwards' questions regarding the distance between the subject site and the Municipal Parking Lot, Mr. Hewicker explained that the route as indicated in the staff report would be 1.4 miles from the subject site to the Municipal Parking Lot, and the return route would be .9 miles. Commissioner Edwards and Mr. Hewicker discussed the availability of sites that could be considered for valet parking in addition to the Municipal Parking Lot. Commissioner Pers6n commented that he was not aware of arty available parking along • West Coast Highway or Superior Avenue. -7- COMMISSIONERS MINUTES September 21, 1989 4P ��= CITY OF NEWPORT BEACH ROLLCALL111 fill I I INOEX • • The public hearing was opened in connection with this item, and Mr. Sam Tila, applicant, appeared before the Planning Commission. Mr. Tila concurred with the findings and conditions in Exhibit "A". In response to a question posed by Commissioner Edwards, Mr. Tila replied that the valet service would become effective after West Coast Highway is widened and the Municipal Parking Lot is constructed. Commissioner Debay addressed the loss" of off - street parking because Balboa Coves will not renew the restaurant's parking agreement on the adjoining lot. Mr. Tila explained that he is negotiating with Avon - Rent -A -Car and Balboa Coves regarding additional parking spaces. Mr. Hewicker stated that inasmuch as Avon - Rent -A -Car is operating under a use permit, the business is not allowed to permit parking for other uses. Mr. Paul Garver, 25 Balboa Coves, appeared before the Planning Commission. Mr. Garver opposed the application for the following reasons: that the valets will make a "U" turn on West Coast Highway at the entrance to Balboa Coves to turn west instead of following the projected route to the Municipal Parking Lot; that the applicant installed a bar in the restaurant despite opposition at the April 22, 1982, Planning Commission meeting; that grease runs down the rear facade of the building; that bar patrons toss litter into Balboa Coves; that restaurant patrons will use the Balboa Coves entrance; and that Balboa Coves residents should not be held responsible to provide restaurant parking because Cal -Trans is widening West Coast Highway. Commissioner Pers6n referred to Condition No. 6 in Exhibit "A" which states that the Planning Commission may add to or modify conditions, or revoke the use permit, upon a determination that the use permit is detrimental to the community. Mr. Garver indicated his awareness of Condition No. 6. In response to numerous questions posed by Commissioner Pers6n, Mr. Garver replied that he was not a member of the Balboa Coves Community Association's Board of Directors; that the Association has advised the applicant that they will not negotiate an extension of the current parking agreement with the restaurant on the adjoining lot; and the restaurant does not have a negative impact on the residents if the conditions of approval are maintained. Commissioner Pers6n requested that the residents COMMISSIONERS MINUTES o e�, September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INOEX inform the Planning Department if the restaurant is not complying with the conditions of the use permit. In response to questions posed by Commissioner Edwards, Mr. Garver explained that adjacent to the restaurant is a small parking lot that will be used by the valets and restaurant customers as well as the entrance to Balboa Coves. Mr. Garver described the Balboa Coves exterior wall that will remain and the proposed stepped -down entrance wall. Ms. Jill Lindsay, President of the Balboa Coves Community Association, appeared before the Planning Commission. Ms. Lindsay stated that inasmuch as the applicant's parking agreement with Balboa Coves has a no valet parking provision, the Association would reclaim the property. She stated that $17,500.00, which is what it will cost to construct the sound wall, will be paid to the City no later than June, 1991. She stated that the lease agreement for the triangle piece of property that was leased to the applicant for parking purposes will expire in May, 1991. Ms. Lindsay and Commissioner Pers6n discussed the community's poor relationship with the restaurant, and the responsibility of the community to contact the Planning Department. Mr. Hewicker advised that the City does not enforce contractual agreements between parties; however, the City does enforce conditions that have been imposed on a use permit. In response to a question posed by Ms. Lindsay regarding the City's responsibility with respect to the valet service, Robin Flory, Assistant City Attorney, explained that there would be no liability to the City, and the conditions imposed would provide immunity. Ms. Flory stated that the restaurant's responsibility is to obey the traffic laws regardless of the conditions imposed by the City. Commissioner Edwards asked if there is absolute immunity or is it the City's position that there would be absolute indemnification. Ms. Flory replied that immunity is the primary issue. In response to questions posed by Commissioner Edwards, Ms. Lindsay described the gravel area surrounding the restaurant where she has seen patrons park their automobiles. She stated that valet parking would alleviate the residents' concerns as long as the valet service does not enter the Balboa Coves community. • -9- COMMISSIONERS MINUTES o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX In response to a question posed by Commissioner Glover, Ms. Lindsay replied that Balboa Coves will be a gated community with a security gate, and a gate house will be constructed. Ms. Lindsay described how restaurant patrons could enter the entrance area and "trip" the signal detector. In response to a question posed by Commissioner Glover, Don Webb, City Engineer, explained that the streets within Balboa Coves are private, and the entrance area to West Coast Highway is also private. He explained that the City is requiring the entrance area to Balboa Coves be constructed at the rear of the restaurant property so it does not interfere or impede the traffic on West Coast Highway. Commissioner Debay suggested that if the restaurant would have been considered a good neighbor to the residents, that maybe a compromise could have been made between the two parties. Ms. Lindsay commented that the Association wants to take back the property that was leased to the restaurant so as to beautify the area. Commissioner Debay commented that the residents purchased their residential property after the restaurant had already been established, that the applicant is concerned about the restaurant's economic life, and she referred to the wide expanse of asphalt within Balboa Coves that is not being utilized for landscaping. Ms. Lindsay stated that Balboa Coves owns the triangular piece of property adjacent to Avon - Rent -A -Car, and stated that the Association has no intention of renewing the applicant's lease in 1991. Mr. Tom Orlando, 15 Balboa Coves, appeared before the Planning Commission to state his opposition regarding valet parking. Mr. Orlando stated that the residents of Balboa Coves objected to the sale of liquor because of problems that go along with a bar and lounge, and the objection was written into the Association's lease with the applicant. Mr. Orlando objected to the April 22, 1982, Planning Commission minutes stating that residents of Balboa Coves did not object to the bar and lounge when the Commission gave approval for the lounge. He maintained that the residents only gave permission for a liquor license and not for a lounge or standup bar. Mr. Orlando further objected to the odors emanating from the restaurant into the residential area. He expressed concerns that if the restaurant patrons turn their vehicles around in the entrance area to Balboa Coves, the residents will be required to provide evidence to the • Planning Department. Commissioner PersGn explained that the -10- COMMISSIONERS MINUTES o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX residents would be required to only contact the Code Enforcement Officers in the Planning Department to investigate the violations. Mr. Hewicker referred to a letter from Sandy Wilford, a member of the Board of Directors of Balboa Coves Community Association, dated April 12, 1982, stating that the Association agreed to allow the service of hard liquor at the bar under specific conditions, and the letter further stated that the residents considered the applicant to be a good neighbor. Mrs. Barbara Garver appeared before the Planning Commission to state her objections and concerns that the restaurant patrons will use the entrance at Balboa Coves to make a westerly turn into West Coast Highway. Commissioner Glover maintained that if a piece of property is private and not gated, there is no way to keep the public off of the property. Mr. Tila reappeared before the Planning Commission in response to the foregoing concerns. Mr. Tila stated that the restaurant's customers are not parking illegally or blocking traffic going into Balboa Coves; however, they are parking in a gravel area that gives the impression that the area is not being utilized. Mr. Tila stated that the restaurant did not start serving hard liquor at the bar until 1984 or 1985. He commented that there were litter problems when the restaurant was Howard's Restaurant but the littering ceased when the current operation commenced. Mr. Tila objected to the alleged grease at the rear of the building; that the residents are only considering their property investments; that the restaurant will be out of business if parking cannot be provided; and 99 percent of the customers are from Newport Beach and not Huntington Beach. Commissioner Pers6n. explained the foregoing Condition No. 6 to the applicant, and any complaints from the community with respect to parking, noise, odors or grease could require a further review of the use permit. Mr. Tila indicated that only the new residents are complaining, however, he has had a good relationship with the residents who have lived in the community for many years. Mr. Tila addressed the expense that would be incurred if he had to satisfy one neighbor's concern with respect to odor, and he commented that the Air Quality Control Inspector visits the restaurant regularly. Mr. Tila further stated that he has been approached by a member of the community to . sell his property. Commissioner Pers6n explained that the -11- COMMISSIONERS MINUTES September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX community does not have the ability to remove the restaurant without proof, and he suggested that the applicant and the neighbors cooperate. Mr. Tom Blurock, representing the applicant, 223 - 34th Street, appeared before the Planning Commission. Mr. Blurock stated that the applicant is fighting for his economic life. He commented that he has been a restaurant patron for many years and the operation is not as bad as what has been portrayed during the public hearing. Mr. Blurock stated that inasmuch as the restaurant's parking is being removed because of the widening of West Coast Highway, the valet service and the use of the Municipal Parking Lot is the restaurant's only option. Mr. Blurock stated that the gated entrance to Balboa Coves will prohibit the patrons from disturbing the neighbors. Commissioner Debay asked if the restaurant patrons parked their own automobiles in the Municipal Parking Lot, would the shuttle take them to the restaurant. Mr. Blurock replied that the service would be no problem, that the applicant is cooperating with the • City to streamline the process, and a form of communication will between the van. be installed the restaurant and Mr. Blurock and Commissioner Pers6n discussed the severity of the situation between the restaurant and the neighbors. Commissioner Edwards stated his concern is that the proposed Municipal Parking Lot will service the general public, and will subsidize a restaurant. Mr. Blurock stated that the applicant attended a public hearing for the widening of West Coast Highway, and he was informed that the proposed Municipal Parking Lot was for the specific purpose of replacing on -street parking on West Coast Highway. Commissioner Edwards stated that the Planning Commission should not be as concerned about the applicant's economic life as the traffic hazard and traffic circulation. Mr. Blurock commented that the viability of the restaurant was affected by public action, and there were mitigation measures put into place to mitigate that action. Mr. Blurock concluded that the action is a direct cause and affect relationship. Mr. Webb stated that the Coastal Commission required the one for one replacement of parking spaces along West Coast Highway. He stated there was not a direct statement to the • restaurant, however, the Coastal Commission was concerned that -12- COMMISSIONERS MINUTES September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL I I T INDEX the general public be provided the same number of parking spaces before and after the highway is widened. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a request for clarification by Commissioner Edwards, Commissioner Pers6n explained that Condition No. 2 requires the applicant to fulfill all previously approved conditions for Use Permit No. 2005, and Condition No. 6 allows the Planning Commission to add or modify conditions of approval or revoke the use permit if the conditions are not followed. Motion * Motion was made to approve Use Permit No. 2005 (Amended) subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n explained that he is aware that the automobiles must travel a great distance, however, the businesses were assured that the Municipal Parking Lot would be used to rectify the situation of losing parking spaces along West Coast Highway. He stated that the subject restaurant is one of the • closest businesses to the proposed parking lot, excluding the Triangle Shopping Center at Superior Avenue and West Coast Highway. Commissioner Pers6n stated that if the applicant abides by the conditions of the use permit, there would not be a negative impact on the residents of Balboa Coves. He further explained that Condition No. 6 allows the Planning Commission to modify the conditions of the use permit, or to review the application at any time. Commissioner Glover supported the motion. She emphasized her concern with respect to the ability of the City to keep the public off of private property when the property is not gated. Commissioner Glover explained that she did not see how the customers of the restaurant could be prohibited from private property unless the property is gated. Commissioner Debay supported the motion. She commented that she has observed the public making "U" turns at the Balboa Coves entrance, however, they are not necessarily customers of the restaurant. She stated that the entrance is accessible and a problem, and she suggested that when Hoag Hospital installs the traffic signal and entrance that there is an adjustment made at that time. Commissioner Debay stated that the applicant should not be punished for the number of people that use the Balboa Coves entrance to make a "U" turn. She. further stated that the -13- COMMISSIONERS ROLL CALL MINUTES September 21, 1989 CITY OF NEWPORT BEACH INDEX Balboa Coves Community Association is adding to the problem by denying the renewal of the lease for restaurant parldng spaces on the adjoining lot. Commissioner Debay suggested that the applicant could have requested tandem on -site parking. She addressed Condition No. 6, the opportunity for the restaurant to succeed, and the restaurant's service to the community. Chairman Pomeroy stated that the valet parking, as proposed, will eliminate the complaints concerning parldng and litter by the Balboa Coves residents. Commissioner Edwards addressed Condition No. 5 stating that the valet service shall be reviewed and approved by the City Traffic Engineer. Ayes * * * * Motion was voted on to approve Use Permit No. 2005 Noes * (Amended), MOTION CARRIED. Absent Finine: • 1. That the operation of a valet parldng service in conjunction with the existing restaurant will not create undue traffic hazards in the surrounding area. 2. That the restaurant site is of sufficient size so as to allow the use of a valet parking service without impacting the safe movement of traffic on West Coast Highway. 3. That the approval of Use Permit No. 2005 (Amended) 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 site plan/floor plan, except as noted below. 2. That all previous applicable conditions of approval for Use • Permit No. 2005 shall be fulfilled. -14- INDEX COMMISSIONERS MINUTES A o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL I INDEX 3. That the valet paring service shall be limited to the nighttime dinner and weekend operation of the restaurant.. 4. That the applicant shall obtain Coastal Commission approval of this application prior to the implementation of the valet parking service. 5. That the operation of the valet service shall be reviewed and approved by the City Traffic Engineer. 6. 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 Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. 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. The Planning Commission recessed at 8:45 p.m. and reconvened at 8:55 p.m General Plan Amendment No 89 2(K)(Public Hearing) Item No.4 Request to amend the Land Use Element of the Newport Beach GPA 89 -2K General Plan for the Bayside Drive Open Space area in order to allow construction of a 3,740 sq.ft. addition to the Balboa UP1681 Yacht Club. Continued lN17IIATED BY: The City of Newport Beach to 10 -5 -89 AND Use Permit No 1681 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted the expansion and alterations to the existing Balboa Yacht Club, on property located in the O -S District. The -15- COMMISSIONERS MINUTES o September 21, 1989 dh �� `� CITY OF NEWPORT BEACH ROLL CALL INDEX proposed amendment involves an expansion and renovation of the existing yacht club. Said additions include an expanded dining room, new administrative offices, expanded kitchen, an interior snack bar, new bathrooms and a new basement area which will be used for additional locker storage and dry food storage for the yacht club restaurant. LOCATION: Parcel 1, Parcel Map 84 -721 (Resubdivision No. 791), a portion of Block 95 of. Irvine's Subdivision and a portion of Lots A and B, Tract No. 6927, located at 1801 Bayside Drive on the southwesterly side of Bayside Drive, southwesterly of El Pasco Drive. ZONE: O -S APPLICANT: Balboa Yacht Club, Corona del Mar OWNERS: Balboa Yacht Club and the County of Orange James Hewicker, Planning Director, stated that staff has requested that this item be continued to the October 5, 1989, Planning Commission meeting. Motion Motion was made and voted on to continue General Plan Ayes * * * * Amendment No. 89 -2(K) and Use Permit No. 1681 (Amended) Absent * * to the October 5, 1989, Planning Commission meeting. MOTION CARRIED. A. Amendment No 685 (Continued Public Hearinel Item No.5 Request to amend a portion of Districting Map No. 17 so as to A685 establish a 10 foot front yard setback along the Carnation Avenue (private) frontage of the subject property; and the Waiver of acceptance of an environmental document. Combining Require. AND CRDP 14 Approved -16- COMMISSIONERS MINUTES September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL I I I J i l l I -- — , INDEX • 1.31L, fr�TOTW13 I , . . mw 1 K. Request to waive the combining of lots requirement in conjunction with the proposed project; and the approval of a modification to the Zoning Code so as to allow an open stairway to encroach 7 feet into a required 10 foot rear yard setback and to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse comer setback adjacent to Seaview Avenue, at the rear of the property. Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 6 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. LOCATION: Portions of Lots 2, 4, 6 and 8, Block 231, Corona del Mar and a portion of an abandoned street (Carnation Avenue), located at 2500 Seaview Avenue, on the northeasterly comer of Seaview Avenue and Carnation Avenue, in Corona del Mar. ZONE: R -3 APPLICANT: Carnation Cove, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has complied with the requests that were previously made by staff and the Planning Commission at the August 10, 1989, Planning Commission meeting. Mr. David Diem, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit 'W'. Mr. Diem presented a brief review of -17- COMMISSIONERS MINUTES � a 'po i �� September 21, 1989 • k\\ CITY OF NEWPORT BEACH ROLL CALL INDEX the application, and he addressed the following concerns that were expressed at the foregoing Planning Commission meeting._ Mr. Diem addressed concerns regarding the rear access on the alley portion of the property and the fire lane. He stated that two of the proposed units will require the use of the alley for vehicular access, and he described the design and setback of the four garages that will access off of Carnation Avenue. Mr. Diem stated that the applicants will pay for the striping and signage for the fire lane on Dahlia Place and Dahlia Avenue. Mr. Diem further stated that the applicants will pay for a sign at the corner of Dahlia Place and Dahlia Avenue indicating the private alley has no through access. He addressed the turnaround area that will be provided in the alley to ease the traffic circulation, and he stated that the plans have been modified to allow for a greater backup area out of the garage immediately adjacent to Seaview Avenue. Mr. Diem referred to the letter from Steven Johnson, dated September 16, 1989, on behalf of the China Cove Condominium Association, stating that their previous concerns regarding the establishment of a fire lane have been satisfied and the Association is supporting the project. W. Diem addressed the rear stairwell encroachment, and he explained that there will be a four foot access as required by the Fire Department. Mr. Diem addressed the reverse corner setback area, and he described the colored chart that was previously submitted to the Planning Commission depicting the three alternate proposals and how each proposal would affect the adjacent views. Mr. Diem also described each alternative from enlarged photographs taken at the site and what affect the project would have on the neighbors' views from the second and third floors. Mr. Diem submitted photographs depicting how the stakes were placed as requested by the neighbors. Mr. Diem suggested the Planning Commission approve the project with the rear stairwell four foot encroachment and the reverse corner setback, the "purple plan" alternative, the fourth alternative for the reverse comer setback area. He explained that on the third floor of the "purple plan ", the setback meets the Code requirement and does not need modification; that the "red • plan" on the second floor is below the neighbors' line of sight -18- COMMISSIONERS MINUTES September 21, 1989 CITY OF NEWPORT BEACH • • and does not have any visual impact; and a modification would be required on the first level adjacent to the neighbors' garages. In response to a question posed by Mr. Hewicker, Mr. Diem submitted and described a photograph of a view from the second floor balcony of the adjacent property. In response to a question posed by Commissioner Debay, Mr. Diem explained that the description of Waiver of Combining Requirement as stated is the original description of the application when submitted by the applicants. William Ward, Senior Planner, explained that the description "to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse corner setback adjacent to Seaview Avenue at the rear of the property", is red plan alternative. Commissioner Pers6n advised that the Planning Commission not set a precedent by getting involved in the protection of private views and private property. Chairman Pomeroy and Commissioner Pers6n discussed the amount of involvement the Planning Commission should consider to accomodate a group of citizens who have expressed their concerns regarding view impact. Mr. Diem addressed the description of the modification request in the Wavier of Combining Requirement, and he explained that "open stairway to encroach 7 feet" has been modified to 6 feet. In response to questions posed by Commissioner Debay, Mr. Ward explained that the conditions stated in Exhibit "A" were written as originally proposed by the applicant but the conditions will be revised to reflect the following: ( "purple plan alternative" on the third floor, the "red plan alternative" on the second floor and the first floor would consist of a four foot setback as originally proposed). Mr. Diem suggested that a condition be added stating that the applicants agree to pay for a fire lane as previously stated. Mr. Michael Mack, 2524 Seaview Avenue, appeared before the Planning Commission. He stated that the proposed project is not setting a precedent, and he supported the modifications that were made to the project. In response to a question posed by Mr. Mack, Mr. Hewicker replied that the photographs on display are part of the public record. -19- COMMISSIONERS MINUTES " d September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Mrs. Doris Boisseranc, 2520 -2522 Seaview Avenue property owner, resident of 272 Crescent Bay Drive, Laguna Beach, appeared before the Planning Commission. Mrs. Boisseranc described the meeting that the Boisserancs had with Mr. Diem on September 20, 1989, to view the single stake that was erected to indicate the maximum height of the property, the view impact and the overall impact of the project. Mrs. Boisseranc stated that the applicants have satisfied the neighbors' requests; however, she said that they would prefer that the third floor setback be the same as the second floor setback or extend to Carnation Avenue. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Amendment No. 685, Waiver of Combining Requirement, Coastal Residential Development Permit No. 14, and related Environmental Document, subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n requested that Condition No. 21, Waiver of Combining Requirement, be added stating '"That the applicant shall stripe and sign the proposed fire lane as may be established by the Newport Beach Fire Department." Commissioner Pers6n requested the 'purple plan" alternative on the third floor (11 foot building setback and 6 foot deck setback, within that portion of 37 feet from the rear line), the 'Ted plan" the property property alternative on the second floor (7 foot 6 inch building setback and a 4 foot deck setback, within that portion of the property 27 feet from the rear property line), and the first floor as requested by the applicant (4 foot building setback on the ground level). Chairman Pomeroy expressed the Planning Commission's appreciation to the applicant for submitting the improved modified plan. Ayes * * * * * * The foregoing motion was voted on, MOTION CARRIED. Absent A. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measure: -20- COMMISSIONERS MINUTES A � po ��� September 21, 1989 a ' CITY OF NEWPORT BEACH ROLL CALL INDEX 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. Mitivation Measure: 1. That a photo survey of the existing buildings on the site shall be prepared and donated to the historical photos collection of the Balboa Pavilion prior to the issuance of demolition permits. B. Amendment No. 685: Recommend approval of Amendment No. 685 to the City Council, with the following findings: 1. That the proposed ten foot front yard setback is the same as other setbacks along Carnation Avenue. 2. That the proposed ten foot setback along the Carnation Avenue frontage of the subject property is compatible with the proposed and allowable scale of development in the R -3 District. C. Waiver of Combining Requirement: Approve the waiver of the combining requirement with the following findings and subject to the following conditions: Findings: 1. That the waiver of the combining requirement is justified inasmuch as the proposed development of the subject property is intended to be a condominium project which requires the approval and recordation of a tract map prior -21- COMMISSIONERS MINUTES " d pow �� k\\ September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX to occupancy of the project and which will effectively combine the parcels into a single site. 2. That the provisions of Section 20.87.090 B of the Newport Beach Municipal Code provide that the Planning Commission or City Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of Title 20 of the Municipal Code. 3. That the approval of a modification to the Zoning Code so as to allow the proposed side and rear yard setback encroachments 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 and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That all mechanical equipment and trash areas shall be screened from Carnation Avenue, Seaview Avenue and adjoining properties. 3. That a tract map be processed and recorded prior to occupancy of the proposed condominiums. That the tract map be prepared so that the bearings relate to the State Plane Coordinate System. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. S. 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. • _22_ COMMISSIONERS MINUTES � o September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue or the Seaview Avenue frontages. 7. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non - critical locations,. subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any building or grading permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That a 10 foot radius comer cutoff at the comer of Seaview Avenue and Carnation Avenue be dedicated to the public on the tract map. 12. That a non - exclusive easement for ingress and egress be dedicated over Carnation Avenue frontage and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation AVenue be dedicated to the City. -23- COMMISSIONERS o,, � c� o� MINUTES September 21, 1989 CITY OF NEWPORT BEACH MEN ROLL CALL INDEX 13. That curb, gutter, sidewalk and pavement be constructed along the Carnation Avenue frontage; that the displaced portions of sidewalk be reconstructed and the existing brick pavers. be removed and replaced with landscape or reconstructed on a 4 inch thick concrete base along the Seaview Avenue frontage; that the curb return at the corner of Carnation Avenue and Seaview Avenue be reconstructed using a 20 foot radius return and incorporating a curb access ramp within it. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plans approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a standard agreement and accompanying surety be provided to guarantee satisfactory completion of the public and private street improvements, if it is desired to obtain a building or grading permit prior to completion of the public improvements. 15. That a minimum 20 foot clear width be provided in the alley easement located northerly of and parallel to Seaview Avenue. This revision will provide adequate room for vehicles backing from the adjacent garage. The final design of the site plan,shall be approved by the Public Works Department. That no guest parking spaces shall be permitted within the rear driveway area. 16. That a minimum 6 foot rise be provided between the existing alley flow line and the high point of the proposed driveway prior to descending into the subterranean garages along the alley unless otherwise approved by the Public Works Department 17. That Fire Department access shall be approved by the Fire Department. 18. That the entire building shall be sprinklered unless otherwise permitted by the Fire Department. 19. That the improvements constituting the raised entry and patio for unit "F ", which extend into the required 10 foot rear yard setback, shall not exceed a height of 6 feet measured from existing grade. 20. That prior to the issuance of building permits, the applicant shall record a covenant which shall hold the subject property as a single building site until such time as a tract map or parcel map is recorded • on the property. -24- COMMISSIONERS 03� � �cn MINUTES September 21, 1989 CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX. 21. That the applicant shall stripe and sign the proposed fire lane as may be established by the Newport Beach Fire Department. 22. That the open stairway shall be permitted to encroach 6 feet into the required rear yard setback. 23. That the following setbacks shall be maintained in the reverse corner setback area adjacent to Seaview Avenue, at the rear of the property: a 4 foot building setback on the first floor; a 7 foot 6 inch building setback and a 4 foot deck setback within that portion of the property 27 feet from the rear property line on the second floor; and an 11 foot building setback and a 6 foot deck setback within that portion of the property 37 feet from the rear property line on the third floor. D. Coastal Residential Development Permit: Approve the Coastal Residential Development Permit with the following findings: 1. That the feasibility analysis has been performed • which has indicated that it is not feasible to provide affordable housing on -site or off -site in conjunction with the proposed project. 2. That the proposed development has met the requirements of the City Council Policy P -1. w w � Amendment No. 689 (Public Nearinal Item No. 6 A689 Request to amend Title 20 of the Newport Beach Municipal Code so as to establish mixed residential /commercial uses as a permitted use within the "Recreational and Marine Continued Commercial" area of the Cannery Village /McFadden Square too Specific Plan Area. 10 -5 -89 APPLICANT: City of Newport Beach • -25- COMMISSIONERS MINUTES September 21, 1989 CITY OF NEWPORT BEACH ROLL CALLTTTMI I INOEX E • James Hewicker, Planning Director, stated that staff has requested that this item be continued to the October 5, 1989, Planning Commission meeting. Motion was made and voted on to continue Amendment No. 689 to the October 5, 1989, Planning Commission meeting. MOTION CARRIED. A Site Plan Review No 52 (Public Hearin) Request to permit the construction of a mixed use residential /commercial development which includes two buildings containing 36 residential condominium units and 21,315 sq.ft. of commercial floor area on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan' Area; and the acceptance of an environmental document. B Use Permit No 3361 (Public Hearin¢) Request to permit the construction of a mixed use residential /commercial development which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. - \►tb: Request to approve a traffic study so as to permit the construction of a mixed use residential /commercial development containing 36 residential units and 21,315± square feet of commercial development. -26- Item No.7 SPR 52 UP 3361 TS59 TTM 14025 CRDP 18 Cont'd to 10 -5 -89' COMMISSIONERS ROLL CALL 1 1 LJ MINUTES September 21, 1989 CITY OF NEWPORT BEACH D Tentative Tract M-p No 14025 (Public Hearing) Request to subdivide 26 existing lots into a vertical subdivision containing two lots for residential condominium purposes, one lot for commercial and marina purposes, one lot for residential parking purposes, and one lot for commercial parking purposes, in conjunction with the construction of a mixed residential /commercial development containing 36 residential condominium units and 21,315 sq.ft. of commercial development, on property located in the "Recreational and Marine Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. ICI 17 F Coastal Residential Development Permit No 18 (Discussion) Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 36 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. LOCATION: Lots 1 -12 of Block 324, Lancaster's Addition, Newport Beach, and Lots 1 -14 of Block 224, Section A, Newport Beach, located at 2602 - 2620 Newport Boulevard, on the southeasterly corner of 28th Street and Newport Boulevard, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: N/R Marina Partners, Newport Beach OWNER: Same as applicant ENGINEER: K W. Lawler and Associates, Inc., Tustin James Hewicker stated that staff has requested that this item be continued to the October 5, 1989, Planning Commission meeting. -27- INDEX COMMISSIONERS MINUTES MCITY September 21, 1989 OF NEWPORT BEACH ROLL CALL INDEX Motion Ayes Absent Motion #nt r� L_J Motion was made and voted on to continue Site Plan Review No. 52, Use Permit No. 3361, Traffic Study No. 59, Tentative Tract Map No. 14025, and Coastal Residential Development Permit No. 18 to the October 5, 1989, Planning Commission meeting. MOTION CARRIED. DISCUSSION ITEM: VA =Isum Request to initiate Amendment No. 690 to Title 20 of the Newport Beach Municipal Code so as to implement the provisions of State law relative to low and moderate income dwelling units within the Coastal Zone. Motion was made and voted on to set this item for public hearing on October 19, 1989. MOTION CARRIED. s s s ADJOURNMENT: 9:30 p.m. » s s JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION KI Discussion Item No. 1 A690 Set PH 10 -19 -89 Adjourn - ment