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HomeMy WebLinkAbout09/22/1988COMMISSIONERS REGULAR. PLANNING COMMISSION MEETING MINUTES .Q 0 O-C� PLACE: City Council Chambers TIME: 7:30 p.m. G NQ 9�9�p 9y 9I. yf�sfa�yC� asp DATE: September 22, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney * � x William R. Laycock, Current Planning Manager Robert Lenard, Advance Planning Manager Don Webb, City Engineer Rich Edmonston, City Traffic Engineer Dee Edwards, Secretary ELECTION OF OFFICERS: Election of on * Chairman Pers6n made a motion to nominate Commissioner Officers Pomeroy as Chairman of the Planning Commission. Motion All Ayes voted on, MOTION CARRIED. Chairman Pers6n requested that the office of Second Vice Chairman be deleted, and that he suggested that the request be discussed by the Planning Commission at a later date. Chairman Pomeroy commended Mr. Pers6n on his term as Chairman of the Planning Commission. Motion * Chairman Pomeroy made a motion to nominate Commissioner All Ayes Winburn as First Vice Chairman. Motion voted on, MOTION CARRIED. Motion * Commissioner Pers6n made a motion to request that the All Ayes office of Second Vice Chairman remain vacant. Motion voted on, MOTION CARRIED. Motion * Commissioner Winburn made a motion to nominate All Ayes Commissioner Di Sano as Secretary of the Planning Commission. Motion voted on, MOTION CARRIED. COMMISSIONERS September 22, 1988 �y o` y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Minutes of Adjourned Special Meeting of August 25, 1988: Minutes of Special Commissioner Debay referred to page 4 of the subject Meeting of Minutes and requested corrections be made in paragraphs 6-25-88 2 and 3, and Commissioner Pers6n requested that the last sentence on page 6 and the first sentence on page 7 be Motion * deleted. Motion was made, and voted on to approve the Ayes * * * * amended Adjourned Special Meeting Planning Commission Abstain Minutes of August 25, 1988, MOTION CARRIED. Minutes of September 8. 1988: Minutes of 9 -8 -88 James Hewicker, Planning Director, referred to page 25 of the subject Minutes regarding the Planning Commission's direction to staff concerning the procedures an applicant must take to continue an application. Discussion ensued between Chairman Pomeroy, Commissioner Pers6n and Mr. Hewicker, and it was concluded that an applicant may also request a . continuance by telephone to staff if the request is followed up with a letter. Motion * Motion was made and voted on to approve the September Ayes * * * * * 22, 1988, Planning Commission Minutes. MOTION CARRIED. Abstain Public Comments: Public Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of James Hewicker, Planning Director, stated that the the Agenda Planning Commission Agenda was posted on Friday, September 16, 1988, in front of City Hall. Request for Continuance: Request for Continuance James Hewicker, Planning Director, stated that the applicants, Donald G. Griswold, and Margaret H. Simpson, • have requested that Item No. 6, Lot Line Adjustment No. 88 -2 regarding. property located at 2340 Eayside Drive and 2333 Pacific Drive, be continued to the October 20, -2- COMMISSIONERS September 22, 1988 G9y ��yPC��'g'yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue Lot Line All Ayes Adjustment No. 88 -2 to the October 20, 1988, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 883 (Public Hearing) Item No.l Request to resubdivide two existing lots into two R883 — parcels of land so as to permit a two unit residential Approved condominium development on each parcel, on property located in the R -2 District. LOCATION: Lots 1 and 2, Block 7, Tract No. 27, located at 3235 -3245 Clay Street, on the southerly side of Bolsa Avenue, between Broad Street and Clay Street, in Newport Heights. • ZONE: R -2 APPLICANT: Bate and Lyons Investment Co., Costa Mesa OWNER: Same as applicant ENGINEER: W. R. Haynes & Co., Newport Beach The public hearing was opened in connection with this item, and Ms. Dana Lyons, applicant, appeared before the Planning Commission. Ms. Lyons stated that she concurs with the findings and conditions in Exhibit "A" with the exception of Condition No. 9 regarding park dedication fees. In response to questions posed by Ms. Lyons regarding said condition, James Hewicker, Planning Director, referred to the City's Subdivision regulations, and he explained that inasmuch as the applicants are developing condominium units on property that has been occupied by a church, and there have been no previous residential uses on the property that the City can give credit to the applicants. Chairman Pomeroy stated that a park dedication fee is appropriate inasmuch as separate residential units are being developed as opposed to rental units. There being no others desiring to appear and be heard, the public hearing was closed at this time. -3- COMMISSIONERS Zm o,, September 22, 1988 9 4 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Motion Motion was made and voted on to approve Resubdivision All Ayes No. 883 subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. 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 public improvements may be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the sidewalk required to be constructed along Bolsa Avenue, Clay Street and Broad Street frontages and the construction of ramps for the handicapped are necessary to improve pedestrian safety. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public_Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a final map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an • individual water service and sewer lateral connection to the public water and sewer systems -4- COMMISSIONERS y° °0 0'� September 22, 1988 dG��Q�NOy�fy�o�yoy� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX unless otherwise approved by the Public Works Department. 5. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 6. That handicapped ramps be constructed at the intersections of Broad Street at Bolsa Avenue and Clay Street at Bolas Avenue, and that curb, gutter, sidewalk (curb return with a radius of 25 feet unless otherwise approved) and pavement as required, be constructed along the Bolsa Avenue, Clay Street and Broad Street frontages under an encroachment permit issued by the Public Works Department. This work may require the relocation of existing fire hydrants, power poles and other utilities. 7. That County Sanitation District fees be paid prior • to issuance of any building permits. 8. That the Public Works Department plan check and inspection fee be paid. 9. That park dedication fees for four dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. 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. it aY ,t Use Permit No. 3324 (Continued Public Hearinp) Item No.2 Request to permit the installation of a maximum of six UP3324 (6) food carts outside of the Sanwa Bank Building on property located in the Koll Center Newport Planned Approved Community District. LOCATION: Parcels No. 1 and 2 of Parcel Map 81 -706 ( Resubdivision No. 683), located at 4400 MacArthur Boulevard, on the northeasterly side of MacArthur Boulevard between Birch • Street and Von Karman Avenue, in Koll Center Newport. -5- COMMISSIONERS September 22, 1988 ZmG,� 9N 9P Y 9 �9< ?9 o QPOyo ti CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ZONE: P -C APPLICANT: Village Green Foods, Inc., Irvine OWNER: Koll Center Newport, Newport Beach The public hearing was opened in connection with this item, and Mr. Michael Mooslin, applicant, appeared before the Planning Commission. Mr. Mooslin stated that the applicants intend to provide an upgraded catered food service that will be .available to only the employees located at the subject site; that there will be six food carts plus one cart that will be used as a cash register; that colorful umbrellas displaying menus will be attached to the food carts; that the umbrellas will be visible from the parking lot only inasmuch as the carts will be located between the building and the parking structure, under the overhang of the building during inclement weather, or on the south end of the building where there is an outdoor eating area for the employees. Commissioner Pers6n referred to Condition No. 11 that permits the Planning Commission to add to modify conditions of approval to the use permit if the Commission deemed it necessary to do so at a later date, and he referred to Condition No. 1 which .requires the operation to be in substantial conformance with the approved plot plan. Commissioner Pers6n explained that the food carts are to be located only in the areas designated on the plot plan. In response to a comment that had previously been made by the applicant, Commissioner Pers6n requested that the applicants not come back to the Planning Commission with .further applications until after the food service has operated over a period of time. Mr. Mooslin commented that the plot plan indicates the three foregoing locations. In response to questions posed by James Hewicker, Planning Director, Mr. Mooslin replied that the food service will employ one employee and on occasion two employees. He explained that the procedure requires the customers to walk through a food line to a cashier. Mr. Mooslin further replied that The Koll Company will provide trash receptacles. Mr. Mooslin commented that the applicants will provide landscaping that will give the appearance of an outdoor village green. He said • that the applicants would prefer that the operating hours be from 7:30 a.m. to 3:00 p.m. -6- COMMISSIONERS N!e V �c September 22, 1988 9 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX In response to a question posed by Commissioner Winburn, Mr. Mooslin replied that The Koll Company provides outdoor eating areas for the employees. In response to a question posed by Commissioner Merrill, Mr. Mooslin replied that one refrigerated truck will carry the food carts to the site. Commissioner Merrill and Mr. Mooslin discussed the proposed hours of operation as they relate to peak traffic hours. Commissioner Pers6n commented that the use permit does not restrict the operating hours.. In response to a question posed by Commissioner Edwards, Mr. Mooslin replied that The Koll Company has imposed a condition on the applicants' lease regarding trash receptacles that requires the area to be patrolled and clean. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that the food service would be convenient for the employees and it would be advantageous inasmuch as it could prevent traffic during peak traffic hours; that the food areas are required to be maintained properly; and the landscaping will provide a village green atmosphere. Motion Motion was made to approve Use Permit No. 3324 subject to the findings and conditions in Exhibit "A ". Commissioner Debay requested that Condition No. 9 be amended to state "that the number of food carts on the site shall not exceed six (6) and one (1) additional food cart may be used as a cash register." The maker of the motion agreed to the amendment. Motion was voted on to approve Use Permit No. 3324 subject to the findings and conditions in Exhibit "A ", Ayes * * * * * including the foregoing Condition No. 9. MOTION No * CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan. • 2. That the project will not have any significant environmental impact. -7- COMMISSIONERS y° 'OF�� o�i3oiB September 22, 1988 mG� yN 9y y q qy y CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 3. That the proposed food carts will be supportive of the existing office uses. 4. That the approval of Use Permit No. 3324 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan. 2. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 3. That no oversized vehicles used for transport of the food carts shall occupy parking spaces in the parking lot any longer than is necessary for the loading or unloading of the food carts. 4. That trash receptacles for patrons shall be located in convenient locations in close proximity to the food carts. 5. That all trash, including compact storage bags and recyclable containers, shall be stored within a screened area until it is to be picked up. 6. That the food carts shall not block entrances or exits of any building. 7. That the food carts shall be located in such a manner that the carts are not visible from any public street. 8. That the final location of the carts shall be approved by the Building Department. 9. That the number of food carts on the site shall not exceed six (6) and one (1) additional cart may be used as a cash register. 10. That all employees shall park onsite. . 11. That the Planning Commission may add to or modify conditions of approval to this use permit, or -8- COMMISSIONERS 0 September 22, 1988 Gy 9 oy c �o yo y 1 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code, Use Permit No. 3323 (Public Hearing) Item No.3 Request to permit the establishment of a take -out UP3323 restaurant facility with seating, specializing in Chinese food with soft drinks, on property located in Denied the C -1 -H District. The proposal also includes a request to waive a portion of the required off - street • parking spaces. LOCATION: Parcels 1 and 2 of Parcel Map 207 -1 -3, (Resubdivision No. 810) located at 4525 West Coast Highway, on the southeasterly corner of West Coast Highway and West Balboa Boulevard, in West Newport, ZONE: C -1 -H APPLICANTS: Ken and Brenda Uyu, E1 Monte OWNER: Hoshizaki Investment Co., Santa Ana The public hearing was opened in connection with this item, and Mr. Ken Uyu, applicant, appeared before the Planning Commission. Mr. Uyu stated that he concurred with the findings and conditions in Exhibit "A ". Commissioner Debay stated that she questioned if there is adequate parking at the. subject site for a take -out restaurant consisting of 64 seats. Commissioner Pers6n concurred with the foregoing Motion * statement. Motion was made to deny Use Permit No. 3323 subject to the findings for denial in Exhibit "B ". • James Hewicker, Planning Director, explained that it has been difficult to distinguish between a take -out -9- COMMISSIONERS AsjFOO y in in �,�,�"� September 22, 1988 mG 9�p9i99 qy yf- Vy _Po`y�`a,Po CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX restaurant, a sit down restaurant, and incidental seating when there are a large number of seats or tables provided and the restaurant requires parking. Mr. Hewicker stated that the proposed take -out restaurant would be the fifth eating establishment located in the shopping center which attracts a high volume of beach traffic. Commissioner Winburn stated that she would support the motion. She further stated that tenants have stated that the shopping center's peak operating hours are between 4:00 p.m. and 10:00 p.m. when there is the most congestion in the parking lot. Commissioner Winburn commented that there are undersized parking spaces in the parking lot, and she suggested that the handicapped parking spaces in front of the sports medicine site be relocated inasmuch as all of the required handicapped parking spaces are located in one location. Commissioner Pers6n stated that he will not waive any parking for destination restaurants unless the waiver of • parking would be in an area that is traditionally serviced by adequate parking similar to McFadden Square or the Central Balboa area. Commissioner Di Sano compared restaurants on the Balboa Peninsula and in the Fun Zone that have been designated destination and non - destination restaurants to the subject take -out restaurant, and he commented that the same parking standards should apply in all areas. He stated that the subject shopping center has recently been upgraded, and that in accordance with the staff report there is adequate parking in the shopping center. Commissioner Di Sano stated that he finds it difficult to support the motion to deny the use permit. He suggested that the applicant come back to the Planning Commission with a plan for a take -out restaurant that would be less intense. Commissioner Pers6n explained why he believed the subject take -out restaurant should be. considered a destination restaurant compared to the take -out restaurants located in the Fun Zone /Balboa Peninsula area. He concluded that there are serious parking problems at the subject location and to waive the parking spaces is not the way to solve the issue. • Commissioner Debay stated that the parking lot is used as a thoroughfare between West Coast Highway and Superior Avenue inasmuch as there are two driveways that -10- COMMISSIONERS y o F s m September 22, 1988 P cry �oy9�cye�yo O CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ingress /egress on to West Coast Highway. She said that the parking lot is used to avoid the traffic signal at Superior Avenue and West Coast Highway. Commissioner Debay stated that she measured parking spaces that are under eight feet in width and not labeled as compact parking spaces. Ayes * * Motion was voted on to deny Use Permit No. 3323 subject Noes to the findings in Exhibit "B ". MOTION CARRIED. FINDINGS: 1. That the proposed on -site parking is inadequate for the subject take -out restaurant and further that said restaurant is located adjacent to a residen- tial area where the existing demand for on- street parking is very high. 2. That the proposed take -out restaurant is not compatible with the surrounding residential land uses. 3. 3. The approval of Use Permit No. 3323 will, 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 and will be detrimental and injurious to property or improvements in the neighborhood and the general welfare of the City. Use Permit No. 3325 (Public Hearing) Item No.4 Request to increase the allowable occupancy of the UP3325 former Baxter's Restaurant facility, and to establish a new parking requirement based upon "net public area ". Approved The proposal also requests to change the operational characteristics of the former restaurant facility which served breakfast, lunch, and dinner, and maintained a cocktail lounge with live entertainment and dancing. The proposed restaurant will consist of a bar and a dining room with incidental background music, and will only be open for business between 5:00 p.m. and 2:00 a.m. daily and for Sunday brunch. The proposal also includes the utilization of on -site parking spaces and reciprocal parking on adjoining commercial property, and • a modification to the Zoning Code so as to permit a valet parking service. -11- COMMISSIONERS Ss .p .paf.tnOO ymG� �9NF99�9 N <^� September 22, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX LOCATION: Lots A and B of Parcel Map 6 -10 (Resubdivision No. 249) and a portion of Lot 1, Tract No. 5361, located at 333 Bayside Drive, on the southwesterly corner of East Coast Highway and Bayside Drive, across from the De Anza Mobile Home Park. ZONE: C -1 -H APPLICANT: Hans Prager, Newport Beach o OWNER: Marvin Burton, Newport Beach The public hearing was opened in connection with this item, and Mr. Hans Prager, applicant, appeared before the Planning Commission. Mr. Prager described the New England themed "Yankee Tavern" Restaurant, and he stated that said restaurant will be open during the dinner hours and there are plans to open for Sunday Brunch. • Mr. Marvin Burton, property owner, appeared before the Planning Commission. Mr. Burton stated that he had conferred with the applicant regarding the findings and conditions in Exhibit "A ", and that they had agreed with same. Mr. Burton distributed letters from Mr. Wambaugh, Linda Isle, and Ms. Lynne Valentine, occupant of the ground floor on the adjacent property south of the subject site, who are in support of the subject application. In response to a question posed by Commissioner Merrill, Mr. Prager replied that the restaurant is proposed to be open by February 1, 1989. In response to a question posed by James Hewicker, Planning Director, Mr. Prager replied that the restaurant will employ their own valet service. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3325 subject to the findings and conditions in Exhibit "A ". Commissioner Pers6n stated that he would support the motion based on the applicant's successful record as a • restaurateur in Newport Beach. -12- COMMISSIONERS September 22, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Di Sano concurred with the foregoing statement in support of the use permit application. Chairman Pomeroy stated his support of the motion, and the characteristics of the restaurant. Motion was voted on to approve Use Permit No. 3325 subject to the findings and conditions in Exhibit "A ". All Ayes MOTION CARRIED. FINDINGS: 1. That the subject proposal is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. . 3. That the waiver of the development standards as they pertain to walls, utilities, parking lot illumination, and landscaping will not be detrimental to adjoining properties. 4. That the restaurant will be open only during those hours when office uses on the site and in the adjoining building are closed for business. 5. 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 any property within the proposed development. 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the approval of Use Permit No. 3325 will not, under the circumstances of this case, be detrimental to the health, safety, .peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 8. That the approval of a modification to the Zoning Code, so as to allow the use of valet parking will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, -13- COMMISSIONERS ZA �s'�^o, � N��m September 22, 1988 mG9���o���y� y y '0 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX comfort and general welfare of persons residing or working in the neighborhood of such proposed use or. be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as provided in the following conditions. 2. That all employees of the restaurant shall park in the shared, on -site parking lot. 3. That 64 parking spaces shall be provided for the restaurant during restaurant operating hours. . 4. That onsite parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That handicapped parking shall be provided as required by Code, and that the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times.' A handicapped sign on a post shall be required for each handicapped parking space. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That all trash areas and mechanical equipment shall be screened from views from Bayside Drive, East Coast Highway, and adjoining properties. 8. That the operating hours of the restaurant shall be 5:00 p.m, to 2:00 a.m. Monday through Saturday, and 9:00 a.m. to 2:00 a.m. on Sundays. 9. That grease interceptors. shall be installed on all fixtures on the restaurant facility where grease may be introduced into the drainage system in accordance with the provisions of the Uniform -14- COMMISSIONERS %o �o�c^� September 22, 1988 0 y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Building Code, unless otherwise provided by the Building Department and the Public Works Department. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided is such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 12. That a trash compactor be provided in the restaurant facility. 13. That restaurant development standards pertaining to walls, landscaping, utilities, and parking lot illumination shall be waived. Said waiver does not • include the required public improvements. 14. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -15- COMMISSIONERS September 22, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Use Permit No. 3071 (Amended)(Continued Public Hearing) Item No.S Request to amend a previously approved use permit which UP3071A allowed the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposed Continued amendment includes a request to construct a new locker to room and fitness center for the exclusive use of tennis 10 -20 -88 club members. The proposal also includes a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking spaces; and the acceptance of an environmental document. LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista del Oro and Vista del Sol, in the Bluffs. ZONES: R- 4 -B -2, P -R -D and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach . OWNER: William K. Parker, Newport Beach Commissioner Edwards stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. William Parker, owner, appeared before the Planning Commission. Mr. Parker reviewed the application, and he said that in addition to the request for the fitness center, locker rooms, and additional compact parking spaces, and that in addition they are requesting a hand car wash to be located in the corner of the parking lot. Mr. Parker stated that he concurs with the findings and conditions in Exhibit "A ". James Hewicker, Planning Director, stated that the applicant's request to establish a hand car wash requires a public notice, and additional conditions would need to be added to the use permit. Mr. Hewicker stated that based on the additional square footage that is being planned, that 145 people could occupy the proposed facilities, and he questioned if there would be adequate parking spaces if all of the facilities would be operating concurrently. Mr. Parker explained that the current parking ratio permits 9 people on the tennis • courts at the same time; that there is sufficient parking for the current uses; that they do not envision an increase of use during peak hours of 5:00 p.m, to -16- COMMISSIONERS 4cq gi^00 September 22, 1988 G� � Oy C p09yO9 s ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 6:30 p.m.; and that the majority of the aerobic classes will be in the mornings. Mr. Hewicker stated that the parking lot currently has adequate parking spaces; however, he said that he had observed automobiles parked illegally in front of the entrance to the Club. In response to questions posed by Commissioner Winburn, Mr. Parker replied that the aerobic classes will be for members only with the exception of an occasional guest; that the fitness room will be air conditioned; that the doors and windows shall remain closed; and the fitness room will be soundproof. Commissioner Pers6n requested that the applicants inform the Planning Commission the operating schedule that they are anticipating for the proposed uses. He suggested that the applicant consider said request and come back to the Planning Commission in two weeks with the recommendations. Mr. Hewicker explained that there could be a conflict between uses, and he requested that the applicants submit a schedule of activities demonstrating how the parking lot will be utilized. Mr. Parker stated that the restaurant will be closed between 5:00 p.m, to 8:00 p.m. when the fitness center will be the busiest. Mr. Parker explained that the purpose of the fitness center is to accommodate the needs of the active members of the Club and not to attract new members. In response to questions posed by Commissioner Merrill, Mr. Parker replied that food is prepared only during the lunch hour and catered special events; that the fitness facility is presently 600 square feet; that the aerobic center consists of 200 square feet; and that the three classes a day consist of approximately four to five members each. In response to a question posed by Chairman Pomeroy, Mr. Parker replied that he ,would concur to an added condition that would require that the fitness center be closed during special events and tournaments. Mr. Bernard Pegg, 2633 Bamboo Street, appeared before the Planning Commission in opposition to the proposed • expansion. He stated that the expansion has a potential to increase the noise, loud music, and congestion in the parking lot. In reference to the existing conditions -17- COMMISSIONERS N! o On 0 September 22, 1988 y y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX that the applicant must continue to comply with in accordance with Condition No. 2 in Exhibit "A" of the staff report, Mr. Pegg stated that he has ongoing concerns regarding loudspeakers, special events, noise emitting from the parking lot, private parties, tennis court lights, and parking lot lights. Mr. Pegg referred to recent special events on September 10, 1988, and September 20, 1988, that would verify said concerns. In response to numerous questions posed by Commissioner Di Sano, Mr. Pegg replied that he resides approximately 180 feet from the subject Tennis Club; that there are residents who have expressed concerns who are not attending the subject public hearing; that he has attended previous public hearings regarding reviews of use permits concerning the facility; and that he has not requested to the City Council that the use permits be reviewed by the Planning Commission. The public hearing was closed at this time. • In response to Commissioner Merrill's consideration to review previously approved conditions of approval, Mr. Hewicker explained that if the Planning Commission would request that a use permit be called up for review that staff would send out public notices to all property owners within 300 feet of the facility stating that the Planning Commission would be considering a review of the use permit. Mr. Hewicker explained that numerous meetings were held in 1984 with various members of Community Associations that surround the Tennis Club because of their concerns, and that at that time there was an attempt to satisfy all concerned parties. Commissioner Di Sano suggested that the use permit could be continued to allow the applicant an opportunity to request a hand car wash operation; the residents would be notified that the conditions of the previously approved use permit were to be reviewed; and consideration of the requested expansion. Commissioner Merrill expressed his concerns regarding the Newport Beach Tennis Club's continued requests for expansion and the intensification of use, and he said that limits need to be set regarding those requests. on * Commissioner Pers6n made a motion to continue Use Permit No. 3071 (Amended) to the October 6, 1988, Planning Commission meeting. Commissioner Pers6n suggested that the Police Department submit a report to staff advising -18- COMMISSIONERS September 22, 1988 Gay ��y `C��vyoF S CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX if they have been notified of any problems concerning the Tennis Club, and he recommended that the applicant submit an operating schedule of activities. The public hearing was reopened, and Mr. Parker reappeared before the Planning Commission. In response to a question posed by Chairman Pomeroy, Mr. Parker replied that the requested expansion would be completed in eight to ten months, and he concurred that it would be from twelve months to eighteen months before a review could be made of the facility. In rebuttal to the foregoing testimony, Mr. Parker responded that the Charity Event was substituted for the previous Pacific Southwest Open and ended at 8:15 p.m.; he apologized if the tennis courts remained lighted; that the member /guest tournament complies with the approved use permit; and that the reunion party was not an outside function inasmuch as it was coordinated by members of the Tennis Club. In response to a question posed by Commissioner Merrill, Mr. Parker replied that the Assistant Manager of the Tennis Club was on the site during the reunion party. Commissioner Pers6n stated that Condition No. 30, Use Permit No. 3071, requires the doors and windows to be closed during the times live entertainment is being provided. He reminded the applicant that the Tennis Club is a commercial establishment in the middle of a residential community. Commissioner Pers6n stated that he was a member of the Planning Commission when the use permit was reviewed twice by the Planning Commission in 1984. In reference to the conditions of approval, Mr. Hewicker stated that there is a condition that requires the Tennis Club to submit a list of tournaments that have been scheduled. Mr. Parker concurred, and stated that seven tournaments had been scheduled. Mr. Parker submitted a letter to the Planning Commission from the Bluffs Community Association that abuts the proposed fitness center site in support of the application. . The public hearing was closed at this time. -19- COMMISSIONERS 4a a 4 O o y F F �,<� September 22, 1988 "\O `` s CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Chairman Pomeroy stated that the applicants are not requesting a change of use but an expansion of an aerobics and fitness center. He commented that only one resident in the area has stated opposition to the expansion and he addressed those concerns; however, he said that the Tennis Club has significantly improved the operation of the facility. Commissioner Merrill stated that by adding an additional 3,000 square feet, a number of events could occur at the facility which would intensify the use. In reference to a continued public hearing, Mr. Hewicker suggested that Use Permit No. 3071 (Amended) be continued to the October 20, 1988, Planning Commission meeting to allow staff adequate time to renotice the public hearing for the proposed hand car wash facility. The maker of the motion concurred with the recommendation. . Commissioner Merrill suggested that the applicant submit a plot plan that would show the adjacent properties. The foregoing motion was voted on to continue Use Permit No. 3071 (Amended) to the October 20, 1988, Planning Ayes * * * * Commission meeting. MOTION CARRIED. Absent Item No.6 LLA 88 -2 Lot Line Adjustment No 88 -2 (Continued Public Hearing) Request to adjust a lot line between contiguous Continued residential parcels in Corona del Mar. to 10 -20 -88 LOCATION: Parcels 1 and 2, Resubdivision No. 2, located at 2340 Bayside Drive, on the northerly side of Bayside Drive; and a portion of abandoned Pacific Drive, located at 2333 Pacific Drive, on the southerly side of Pacific Drive, adjacent to Begonia Park, in Corona.del Mar, ZONE: R -1 APPLICANTS: Donald G. Griswold, Newport Beach and Margaret H. Simpson, Corona del Mar OWNERS: Same as applicants ENGINEER: Pete J. Duca, Corona del Mar -20- COMMISSIONERS September 22, 1988 yy? �y P�ysyo CITY OF NEWPORT. BEACH MINUTES ROLL CALL INDEX James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the October 20, 1988, Planning Commission meeting. Motion * Motion was made and voted on to continue Lot Line All Ayes Adjustment No. 88 -2 to the October 20, 1988, Planning Commission meeting. MOTION CARRIED. ie it at The Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. DISCUSSION ITEMS: Discussion Items Modification No. 3443 -Item No.D1 Request to consider reviewing the action of the • Modifications Committee that approved the retention of an "as built" garage which encroaches 6 feet 6 inches ± Mod.3443 into the required 20 foot front yard setback, and a 6 foot high fence which encroaches 6 feet 6 inches into No Action the required 20 foot front yard setback where the Necessary Municipal Code limits front yard fences to no more than 3 feet in height. LOCATION: Lot 10, Tract No. 1702, located at 2401 Holly Lane, on the southwesterly side of Holly Lane between Tustin Avenue and Irvine Avenue, in Newport Heights. ZONE: R -1 APPLICANTS: E. S. and K. M. Hoveland, Newport Beach OWNERS: Same as applicants Commissioner Pers6n stated that he received a telephone call from Mr. John J. Swigart, Jr., 2500 Holly Lane, concerning the subject Modification. He stated that after inspecting the site, he is of the opinion that the Planning Commission would not be able to take any action on the Modification; however, he said that there is an overall problem that needs to be addressed. • In reference to Commissioner Persdn's concern regarding the plans being processed through plan check, James Hewicker, Planning Director, explained that after he had -21- COMMISSIONERS \%A7"'0 September 22, 1988 " CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX looked at the plans, there would be no way that a plan checker would be able to know that a problem existed inasmuch as the plans indicated all of the proper setbacks. He said that it was not until after construction had started that it was discovered that what had been shown as the front property line was in actuality, back of curb. Mr. Hewicker commented that when the property was measured from the rear of the property line it was discovered that the fence across the rear of the lot was constructed in the wrong location inasmuch as six to ten feet of the property is located on the other side of the fence. Mr. Hewicker stated that if the builders had been required to locate the property corners prior to the time that construction started, the problem could have been corrected. The Planning Commission and staff discussed action that could be taken by the Planning Commission so that similar problems concerning the requirement to establish property corners would not occur in the future. on * Motion was made and voted on to direct staff to come Property Ayes back to the Planning Commission meeting of October 20, 1988, with appropriate language to make a recommendation Corner to the City Council that policy be established, or an Requirement Ordinance be approved by the City Council which would direct the Building Department to require property corners prior to construction. MOTION CARRIED. Review of "Universal" Parkina Spaces Item No.D2 INITIATED BY: The City of Newport Beach Universal Parking Mr. Rich Edmonston, City Traffic Engineer, appeared Spaces before the Planning Commission. He distributed a list containing sizes of American automobiles to the Planning PH Set for Commission, and he pointed out that there are three 10 -20 -88 American automobiles that would not fit entirely within the recommended 17 foot deep Universal parking stall. Mr. Edmonston stated that. in determining the size of parking stalls, aisles are considered inasmuch as aisles serve as a circulation system through the parking facility and the turning movement in and out of the parking stall. He commented that a short stall requires the driver to move the automobile forward. Mr. • Edmonston stated that the square footage required for a typical parking lot with 25 percent compact parking spaces would be nearly the identical square footage in _22_ COMMISSIONERS yq 00^ September 22, 1988 BG 9s 9y v v v,� Ty oA�y C�yO0yO CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the amount of land that Universal parking spaces would require. In response to a question posed by Commissioner Winburn, Mr. Edmonston replied that a primary reason for Universal parking spaces is that there would not be concerns regarding where the compact parking spaces are going to be located, marked, or to enforce their proper use. Mr. Edmonston concurred with Chairman Pomeroy that developers could increase the number of parking spaces up to 20 percent if the parking lot was currently striped for only standard size parking spaces, and there were no other elements to contend with within the parking lot area. In response to a question posed by Commissioner Pers6n, Mr. Edmonston replied that the size of the parking spaces in the City's parking lots is the standard 9 foot x 18 foot parking space. • Commissioner Merrill asked if the City of Santa Ana, City of Orange, and County of Orange have been using Universal parking spaces long enough to develop data to assist in making decisions? Mr. Edmonton replied that the County of Orange implemented Universal parking spaces over two years ago. Commissioner Di Sano and Mr. Edmonston discussed the feasibility of the Universal parking spaces in the City's beach public parking lots. Chairman Pomeroy and Mr. Edmonston discussed the flexibility that the City would allow to develop aisle widths. In response to a question posed by Commissioner Debay, Mr. Edmonston replied that only new development would be required to adopt Universal parking spaces. Motion * Motion was made to direct staff to draft a Resolution to establish Universal parking spaces for consideration at the October 20, 1988, Planning Commission meeting, as recommended by the Traffic Engineer. Commissioner Merrill and Mr. Edmonston discussed the • three foregoing agencies that have used the Universal parking spaces or intend to use said parking spaces, and Mr. Edmonston stated that he would contact other cities -23- COMMISSIONERS '1F ,p Aaj R`Oa y� °� inyNiny9o9 v�mv� September 22, 1988 Gy 9 py � 90 yo CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX in Southern California regarding same. Mr. Edmonton stated that the adoption of Universal parking spaces is a trend within the parking industry, and he referred to the parking stalls in Fashion Island as an example of the proposed 8 foot 6 inch wide parking space. Mr. Edmonston stated that he has requested a list of foreign automobiles, and he discussed the mixed sizes of automobiles in adjacent parking stalls. Mr. Hewicker and Mr. Edmonston discussed the size of pickup trucks and vans, and Mr. Edmonston commented that the width of the vehicles would fit within the parking stalls but the length of the vehicles could be affected. Mr. Edmonston stated that double lines are currently being requested between parking stalls as opposed to single lines. Motion was voted on to direct staff to, draft a Resolution to establish Universal parking spaces for consideration at the October 20, 1988, Planning •Ayes Commission meeting. MOTION CARRIED. Discussion of the Definition of the Term "Dwelling Unit" Item No.D3 in the Newport Beach Municipal Code. Dwelling INITIATED BY: The City of Newport Beach Unit Motion * Motion was made and voted on to set this matter for PH Set for public hearing at the October 6, 1988, Planning 10 -6 -88 All Ayes Commission meeting. MOTION CARRIED. Proposed Amendment Item NO.D4 Request to consider amendments to Chapter 20 of the PH Set for Newport Beach Municipal Code, establishing regulations Second pertaining to Second - Family Units and Granny Units on Family Unit residential lots in the City of Newport Beach, 10 -6 -88 INITIATED BY: The City of Newport Beach PH Set for Granny Unit Commissioner Pers6n suggested that Second - Family Units 10 -20 -88 be prohibited throughout the City. He suggested that Granny Units be permitted by Ordinance and that lot sizes be established at 7,000 square feet or higher. -24- COMMISSIONERS September 22, 1988 mG 9w Py v y v� y Po oy ( y0 y0 y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Debay suggested that the Ordinance identify specific areas of the City as well as a minimum lot size with sufficient capacity in the adjacent roadway system to accommodate the increased traffic. Discussion ensued by the Planning Commission regarding the minimum lot size. Commissioner Merrill stated that hillside lots need to be considered. Chairman Pomeroy stated that minimum lot size standards must be consistent with the minimum lot sizes established in the Zoning Code for lots in the _Zoning District. He said that the Planning Commission cannot require a minimum lot unless the lots in that area are of that general size because the Planning Commission would be prohibiting Granny Units throughout the City. Commissioner Debay stated that required large lot sizes could be discriminatory. The Planning Commission discussed how Granny Units could be controlled after the senior occupant no longer lived in the Unit. Commissioner Pers6n stated that there is • no regulation that allows the Units to be policed, and to prohibit the Units from converting into two family residential developments. Mr. Hewicker explained that criteria could be established that would allow the City to take proper action. Carol Korade, Assistant City. Attorney, stated that in accordance with State Law, property owners could leave the Granny Unit vacant; remove the Granny Unit; rent the Granny Unit to any individual over 60 years of age; or could be reconverted to a one family dwelling unit. Discussion ensued regarding the definition of "family ". Robert Lenard, Advance Planning Manager, stated that if the older occupant no longer resides in the Granny Unit, the Unit could be occupied by a family member of any age by removing a facility such as a food preparation area, which would meet the new definition of "Dwelling Unit ". The Planning Commission and staff discussed Deed Restrictions. Commissioner Pers6n stated that a Deed Restriction only puts purchasers of property on notice regarding restrictions on said property. Motion * Motion was made and voted on that an Ordinance come back to the Planning Commission as two separate items. That staff develop a Second - Family Unit Ordinance that would prohibit them throughout the City of Newport Beach. That the Planning Commission set this item for public -25- COMMISSIONERS Sc q g� o.o September 22, 1988 BG �'Ao9��y�gyq� CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX hearing at the October 6, 1988, Planning Commission All Ayes meeting. MOTION CARRIED. Motion * Motion was made that staff develop a Granny Unit Ordinance permitting Granny Units. Written into said Ordinance would be provisions to police the Units on an annual basis, that there be criterias that are consistent with State Law in terms of minimum and maximum size of units; minimum lot size standards consistent with the minimum lot size established by the Zoning Code for lots in the Zoning District in which a second family unit is proposed; and to increase parking requirements. Discussion ensued regarding the suggested number of parking spaces required for each Unit, and it was concluded that two parking spaces per Unit be considered. Discussion ensued regarding policing policies. Commissioner Merrill suggested a verification of use, and Commissioner Debay suggested an Occupancy Permit that is renewed yearly and submitted with a fee. Commissioner Pers6n commented that verification of use could be considered as an "honor system ", and he questioned the accuracy an "honor system ". Commissioner Pers6n stated that an Occupancy Permit could be considered. Commissioner Di Sano stated that he would support the motion; that an Occupancy Permit with a fee to police the Unit would be appropriate; that two senior citizens who are retired would not require 2 parking spaces inasmuch as 1.5 parking spaces are now required for single family dwelling units and he said that maybe 1 parking space for senior citizens should be considered. Mr. Lenard stated that staff could recommend a minimum size unit but that the maximum size unit would be 640 square feet. Commissioner Debay suggested that the motion be amended to include specific areas of the City that have sufficient roadway system to accommodate any increased traffic. The maker of the motion affirmatively agreed to the amendment. The motion included that the Granny Unit public hearing be set for the October 20, 1988, Planning Commission meeting. All Ayes The foregoing motion was voted on, MOTION CARRIED. -26- COMMISSIONERS September 22, 1988 pppy��'009 y ` CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX ADDITIONAL BUSINESS• Additional Business Motion * Notion was made and voted on to excuse Chairman Pomeroy All Ayes and Commissioner Debay from the October 6, 1988, Pomeroy & Planning Commission meeting. MOTION CARRIED. Debay excused ADJOURNMENT: 10:36 p.m. Adjournment GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • -27-