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HomeMy WebLinkAbout10/09/1986COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7 :30 p.m. AAA 9 p� oti DATE: October 9, 1986 CITY OF NEWPORT BEACH ROLL CALL INDEX Present x x x x x Commissioner Eichenhofer and Commissioner Koppelman Absent x x were absent. x x x EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney ,t e W. William Ward, Senior Planner Donald Webb, City Engineer Dee Edwards, Secretary Minutes of September 18, 1986: Minutes of on Motion was made to approve the September 18, 1986, 9-18 -86 0 x Planning Commission Minutes. Motion voted on, MOTION t x x CARRIED. Request for Continuances: Request for Continuance James Hewicker, Planning Director,. stated that the applicant, Lloyd Flodin, has requested that Item No. 6, Use Permit No. 3235, regarding a take -out restaurant in the Albertson's Shopping Center in Corona del Mar, be continued to the Planning Commission meeting of October 23, 1986. Motion Motion was made to continue Item No. 6, Use Permit No. Ayes x x x x x 3235, to the October 23, 1986, Planning Commission Absent x x meeting. Motion voted on, MOTION CARRIED. -1- COMMISSIONERS MINUTES October 9, 1986 CITY OF NEWPORT BEACH ROLL CALL INDEX General Plan Amendment 86 -3 and Local Coastal Program Item No.l Amendment No. '11 (Discussion) GPA 8(C) A. Request to consider an amendment to the Land Use (D' A), (A) (B)(C) Element of the General Plan and the Local Coastal Program, Land Use Plan, so as to reclassify the subject -LCP property from "Low- Density Residential" to "Administra- pmend.No.11 tive Professional and Financial Commercial ". Approved LOCATION: 1550 Bayside Drive, Corona del Mar INITIATED BY: Dorius Architects, Corona del Mar - AND B. Request to amend the Land Use Element of the General Plan so .as to permit additional commercial /office development in Newport Center. LOCATION: Block 800 in Newport Center, the Pacific • Mutual Building INITIATED BY: Pacific Mutual, Newport Beach AND C. Request to amend the Local Coastal Program, Land Use Plan so as to add language to permit the use of lots designated for residential uses adjacent to commercial districts for parking lots to support the commercial development upon approval of a use permit in each case. LOCATION: Citywide (Coastal Zone) INITIATED BY: The City of Newport Beach AND D. Request to amend the Land Use and Recreation and Open Space Elements of the General Plan and the Local Coastal Program, Land Use Plan to redesignate the site from "Recreation and Open Space" to "Administrative, Professional, and Financial Commercial" and establish development intensities. LOCATION: 4000 W. Coast Highway (CalTrans East) • INITIATED BY: Hoag Memorial Hospital Presbyterian -2- COMMISSIONERS MINUTES 'F October 9, 1986 yGt^06* y%�9 oy ff O f+%yyoo CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, commented that the Planning Commission initiates General Plan Amendments three times a year in October, February and June. He said that if the City Council concurs with the Planning Commission's recommendation, then the General Plan Amendments will . come back to the Planning Commission as soon as the proper documents have been prepared.. Motion x Motion was made to recommend to the City Council to initiate General Plan Amendment 86 -3 (A), (B), (C), and (D), and Local Coastal Program Amendment No. 11, and to direct staff to set the amendments for public hearing before the Planning Commission. Commissioner Winburn commented that to initiate the amendments does not mean anything other than the Planning Commission would like to take a look at the proper documents, and on that basis she said that she would support the motion. ent x x x Motion voted on to recommend to the City Council to x x initiate General Plan Amendment 86 -3 (A), (B), (C), and (D), and Local Coastal Program Amendment No. 11. MOTION CARRIED. ,t • e Planning Commission Review No. 6 (Discussion) Item No.2 Request to permit the installation of roof mounted PC Review .solar equipment which exceeds the basic height limit on No. 6 a new single family dwelling located in the 24/28 Foot, Height Limitation District. Approved LOCATION: Lot 1, Block O, Tract No. 518, located at 2100 Miramar Drive, on the north- easterly corner of Miramar Drive and "M" Street, on Peninsula Point. ZONE: R -1 - - APPLICANT: Peggy LaGrandeur, Newport Beach OWNER: Same as applicant • -3- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 9, 1986 INDEX There being no one desiring to appear and be heard, Motion x motion was made to approve Planning Commission Review Ayes x x x x x No. 6, subject to the findings and conditions of Absent x x approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. The proposed development will be aesthetically compatible with the structure and the surrounding area. 2. The proposed solar equipment will not intrude on views, or light and air, from adjoining residen- tial property. CONDITIONS: I I I I I I I 1 1. That development shall be in substantial confor- mance with the approved plot plan, roof plan, and elevations. 2. That the proposed solar equipment shall comply with the City's Building, Plumbing and Mechanical Codes. x x x Use Permit No. 1496 (Amended) (Public Hearing) I Item No.3 Request to amend a previously approved use permit which Up1496A permitted the establishment of an automobile service station on property located in the C -O -H District. The Approved proposed amendment includes a request to construct a new office and trash enclosure at the rear of the existing service station. LOCATION: Parcel No. 1 of Parcel Map 34 -40 (Resubdivision No. 290), located at 1550 Jamboree Road, on the southeasterly corner of San Joaquin Hills Road and Jamboree Road, across the street from the Big Canyon Planned Community. -4- COMMISSIONERS MINUTES y G October 9, 1986 B9 9 �9 ,oS s �, CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Newport Center Chevron, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach In response to a question posed by Commissioner Kurlander, James Hewicker, Planning Director, replied that the previously approved dispatcher's booth shall be removed from the site no later than when the proposed construction is completed. The public hearing was opened in connection with this item, and Mr. Joe Schulte, appeared before the Planning Commission on behalf of the applicant. Mr. Schulte confirmed that the dispatchers booth will be removed from the site as soon as the proposed construction is completed. He stated that the applicant concurs with the findings and conditions in Exhibit "A ". Commissioner Merrill referred to the Planning Commission meeting of August 8, 1985, Condition No. 4, • and commented that the required trash enclosure had not been constructed. Mr. Schulte replied that when the current owner purchased the subject service station in 1985, an office had been constructed on the required trash enclosure area. Chairman Turner commented that instead of the required trash enclosure, the area was closed off to be used as storage. Mr. Hewicker pointed out that the trash bin on the northeast side of the building was required to be placed in a solid wall enclosure with solid gates at the August 8, 1985, Planning Commission public hearing. Although this requirement has not been completed, he said that the problem will be corrected inasmuch as the current proposal includes the required trash enclosure. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1496 Ayes x x x x x (Amended) subject to the findings and conditions in Absent x is Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS . 1. That the existing automobile service station is consistent with the Land Use Element of the General Plan and is compatible with surrounding land use. -5- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 9, 1986 ROLL CALL INDEX 2. That adequate off - street parking spaces are being provided in conjunction with the service station operation. 3. That the proposed office and trash enclosure are minor additions to. the existing service station operation and will not significantly alter the physical character of the service station use. 4. The approval of Use Permit No. 1496 (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 development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as may be noted below. 2. That all previous applicable conditions of ap- proval of Use Permit No. 1496 shall be fulfilled. 3. That the previous approval of Use Permit No.1496 (Amended) , as approved by the Planning Commission on August 8, 1985 is hereby null and void. 4. That the previously approved dispatcher's booth shall be removed from the site. 5. That all improvements be constructed as required by ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory' completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be • subject to further review by the Traffic Engineer. -6- COMMISSIONERS MINUTES %.1A ;FFt� Z� 9 �9 t�9G9 Qo �t+y October 9, 1986 G�'L�n so 9i C9 � Fy y �9 CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That the tree - damaged sidewalk on Jamboree Road and the deteriorated curb and drive aprons where existing parkway drains exist shall be reconstructed under an encroachment permit issued i by the Public Works Department. 9. That the applicant shall provide a solid masonry wall enclosure with solid gates for all trash bins and outdoor storage areas. 10. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. 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. 3233 (Public Hearing)- Item No.4 Request to permit the establishment of a dry cleaning UP 3233 facility on property located in the Mariner's Mile Specific Plan Area and which is located in the Approved Mariner's Mile Square Commercial Center. LOCATION: Parcel No. 1, Parcel Map 73 -22, 23 (Resubdivision No. 487), located at 2700 West Coast Highway, on the northwesterly corner of West Coast Highway and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Celebrity Cleaners, West Hollywood OWNER: Mariner's Mile Company, Newport Beach The public hearing was opened in connection with this • item,. and Mr. Ali Samaha, applicant, appeared before the Planning Commission. Mr. Samaha stated that he concurs with the findings and conditions in Exhibit "A". -7- COMMISSIONERS MINUTES y!. °c��t^�G�4o Q October 9, 1986 duo qt9 - o Gy u' 9� ��yG�C9Z��y CITY OF NEWPORT BEACH ROLL CALL INDEX In response to questions posed by Commissioner Kurlander and Commissioner Winburn regarding the use and disposal of the dry cleaning chemicals, Mr. Samaha described how the dry cleaning chemicals are processed within the self- contained dry cleaning machines. He said that the chemicals are filtered into a bag that is attached to the dry cleaning machine, and that the bag(s) are picked up once a month by a special disposer. Mr. Samaha concurred with Chairman Turner that dry cleaning establishments must comply with regulations governed by the State of California. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3233 subject Ayes Y X x x x to the findings and conditions in Exhibit "A ". Motion Absent x x voted on, MOTION CARRIED. FINDINGS: 1. That the proposed use is consistent with the Land Use Elements of the General Plan, and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That approval of Use Permit No. 3233 will not, under the circumstances of this case be detri- mental 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 or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan. 2. That any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. 3. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 4. There shall be no outside storage of materials, supplies or other paraphernalia. -g- COMMISSIONERS MINUTES 6 .1A ;FFt� ymG�0 c^QD c+y October 9, 1986 G�y� NG y�f 'pia �y yyyc��ia�y ��;'y CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That any roof top or other mechanical equipment shall be screened from view. 6. That any outdoor trash containers shall be screened from adjoining properties. 7. That the proposed dry cleaning equipment shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 8. That all employees shall park on -site. 9. That all signs shall meet the requirements of Section 20.06 of the Municipal Code. 10. That the Planning Commission may add to or modify conditions of approval to the 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. 11. 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. x • � Use Permit No. 3234 (Public Hearing) Item No.5 UP3234 Request to permit the construction of a "Granny Unit" on property located in the R -1 District. Approved LOCATION: Lot 12, Block 33, First Addition to Newport Heights, located at 546 San Bernardino Avenue, on the southeasterly corner of San Bernardino Avenue and 15th Street, in Newport Heights. ZONE: R -1 APPLICANT: Mr. John Saar, Newport Beach • OWNER: Same as applicant -9- COMMISSIONERS MINUTES G A aj.F Fti y� y�y��GPO,oApy October 9, 1986 Ask y 9 y ���a� 9sgn y �9 CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Kurlander pointed out that Condition No. 5, regarding the use permit expiration, is worded the same as Condition No. 12; therefore, he recommended that Condition No. 12 be deleted. Staff concurred with the recommendation. The public hearing was opened in connection with this item, and Mr. John Saar, applicant, appeared before the Planning Commission. Mr. Saar agreed to remove landscaping as requested in Condition No. 11. He referred to Conditions No. 9 and No. 10 requesting the construction of a concrete sidewalk, and he said that there is no sidewalk on the southside of 15th Street from Irvine Boulevard to Newport Boulevard. He stated his concern that the school children would be walking on the sidewalk for only a short distance, and then the children would be required to walk into the street. He commented that there will be hardship on the applicants because of the tremendous expense involved to construct the requested sidewalk. Mr. Saar further stated that • San Bernardino Avenue has very few sidwalks on either side of the street. Mr. Saar opined that if the City is interested in constructing sidewalks in the subject area, then all of the sidewalks should be constructed at once. In response to a question posed by Commissioner. Kurlander regarding engineering design for the sidewalks and gutters, Donald Webb, City Engineer, replied that the curb and gutters are in place, the sidewalks are constructed four inches thick, four to five feet wide, immediately behind the curb. Mr. Webb stated that Newport Heights was constructed at a time when sidewalks were not required. He said that the City Council currently has a policy concerning sidewalk construction that states when new developments or permits are issued that sidewalks are to be required. Mr. Webb commented that if the sidewalks had been constructed previously at the subject site, then the landscaping would not have grown out to the extent that the landscaping has blocked the site distance from several different directions. In response to' questions posed by Chairman Turner, Mr. Webb replied that the Planning 'Commission could recommend that the request to construct a sidewalk • could be removed. Mr. Webb stated that the City does not initiate Assessment Districts unless the property owners ask for it in advance., and he said that the City expects the property owners to bear the expense. -10- COMMISSIONERS MINUTES October 9, 1986 CITY OF NEWPORT BEACH INDEX Mr. Saar emphasized that many of the new homes in the Newport Heights area do not have sidewalks, and he opined that it will take many years to develop the sidewalks in the area unless the property owners construct the sidewalks at the same time. The public hearing was closed at this time. Commissioner Winburn commented that she has a concern regarding the school children walking in the area, and she questioned the possibility of a bond or a guarantee that the applicant would participate in the future if the City would request that the property owners construct sidewalks in the area. Mr. Webb replied that without some term on a bond, a bond did not appear to be feasible, and he did not foresee an Assessment District in the area in the near future. In response to a question posed by Commissioner Winburn regarding the cost to construct the sidewalk, Mr. Webb replied that the cost would be approximately $1,800.00 to $2,000.00. Commissioner Merrill commented that after he had visited the subject site and attempted to exit from the alley to San Bernadino Avenue, that he became aware of the need for the applicant to clear the corner landscaping so as to construct a sidewalk because there are unsafe conditions. Motion Commissioner Winburn made a motion to approve Use Permit No. 3234, subject to the findings and conditions in Exhibit "A ", including the deletion of Condition No. 12. She reasoned that $1,800.00 to $2,000.00 is not an unreasonable cost to construct the sidewalk. Ayes Absent Ixlxlxlxxlxlx I Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed project is consistent with the requirements of the Housing Element of the General Plan and is compatible with surrounding land uses. -11- 2. The project lot size conforms to the Zoning Code area requirements.' 3. That the approval of Use Permit No. 3234 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, -11- COMMISSIONERS MINUTES y�Gy c^y t�yG9 4o ny October 9, 1986 Gys9� yt^yGy��Zf�Z CITY OF NEWPORT BEACH ROLL CALL INDEX comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That - development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as noted below. 2. That the proposed "Granny Unit" shall maintain a minimum of'600 sq.ft. of floor area as required by Section 20.87.140 of the Newport Beach Municipal Code, but shall not exceed 640 sq.ft. of floor area as provided in Section 65852.1 of the California Government Code. 3. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons over the age of 60 years. 4. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with ordinances regarding Granny Units that may be adopted in the future. 5. 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. 6. That the proposed driveway apron on 15th Street shall not exceed a width of 25 feet unless otherwise approved by the City Council. 7. That all improvements be constructed as required by ordinance and the Public Works Department. 8. That arrangements be made with the Public .Works . Department in order to guaranteee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. -12- COMMISSIONERS MINUTES y Gin'LFyGyQp�c+ October 9, 1986 .ey y �, CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That a concrete sidewalk be constructed along the San Bernardino Avenue and 15th Street frontages under an encroachment permit issued by the Public Works Department. 10. That an access ramp be constructed per City Std. -181 -L at the intersection of San Bernardino Avenue and 15th Street under an encroachment permit issued by the Public Works Department. 11. That landscaping shall be removed as necessary to provide 25 m.p.h. sight distance at both San Bernardino Avenue and at the alley. Use Permit No. 3235 (Public Hearing) Item No.6 UP3235 Request to permit the establishment of a take -out restaurant with incidental seating which specializes in muffins and frozen yogurt, on property located in the C -1 -H District. The proposal also includes a request Continued to to waive a portion of the required off - street parking. 10 -23 -86 LOCATION: Parcel No. 1 of Parcel Map 163 -23 (Resubdivision No. 673), located at 3025 East Coast Highway, on the southeasterly corner of East Coast Highway and Iris Avenue, in the Albertson's Shopping Center in Corona del Mar. ZONE: C -1 -H APPLICANT: Lloyd Flodin, Orange OWNER: E. Morris Smith,'Newport Beach _ Motion x Motion was made to continue this item to the October Ayes Y x x x x 23, 1986, Planning Commission meeting. Motion voted Absent x x on, MOTION CARRIED. Use Permit No. 3236 (Public Hearing) Item No.7 Request to establish a full service restaurant with on -sale beer and wine where an existing take -out • restaurant and retail bakery now exist in the C -1 District. The proposal also includes a request to waive a portion of the required off- street parking spaces. -13- COMMISSIONERS MINUTES y October 9, 1986 �^.� CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: A portion of Record of Survey 97 -17, UP3236 located at 3417 Newport Boulevard, on the westerly side of Newport Boulevard, Denied between Finley Avenue and Short Street, across from Via Lido Plaza. ZONE: C -1 APPLICANT: Mehfil Cuisine of India, Newport Beach OWNER: Show -Chen Lin, Anaheim The public hearing was opened in connection with this item, and Mr. Paul Dang, applicant, appeared before the Planning Commission. Mr. Dang stated that the subject sit down restaurant would depend heavily upon the luncheon trade from local businesses within the area; therefore, the majority of the customers would be within walking distance. Mr. Dang explained that because several of the adjacent businesses would be • closed during the dinner hour that there would be ample parking, and he further commented that there may be additional parking spaces at Finley Avenue and Clubhouse Avenue. Commissioner Person commented that he lives within 150 feet of. the subject restaurant site and he explained that there is always a need for parking in the area. He said that until arrangements have been definitely made for the required parking spaces that he will have a difficult time supporting a full service restaurant at the subject location. Mr. Dang rebutted that the dinner hour will begin after there are sufficient parking spaces. In response to a question posed by Chairman Turner, Mr. Dang replied that the hours of operation would be 11:00 a.m. to 2:30 p.m., and from 5:00 p.m. to 10:30 p.m. In response to Commissioner Winburn regarding Mr. Dang's written statement regarding ample metered parking, Mr. Dang commented that the parking meters in the area are available in the evenings, and he pointed out that the adjacent Lebonese sit down restaurant does not have designated parking. Commissioner Person explained that there are restaurants in the City that are existing because at the time those restaurants were established the Municipal Code was not the same as it • is today, and he said that the Municipal Code is continuously up -dated in order to meet the parking and -14- COMMISSIONERS MINUTES '�' A 'J• F y G in't�n G O,0 in October 9, 1986 m 9 9 9 9 ti CITY OF NEWPORT BEACH ROLL CALL INDEX traffic demands. Commissioner Person commented that the Lebonese Restaurant is non - conforming under the existing law, and if the restaurant came to the City today to request a use permit that they would have the same problem as the subject use permit. Commissioner Person stated that he could not support a waiver of off - street parking. James Hewicker, Planning Director, stated that the trend within the City where allowed, is that a retail commercial space is converted into a small take -out food establishment, and then the next up -grade is a request for a sit -down restaurant, which increases the intensity use over a long period of time. He said that during the time that the businesses are making the conversions, the City is changing the regulations to attempt to address the intensity of use, particularly the use of parking and people intensification in terms of the number of business customers that may be attracted to the sites. He pointed out that the • subject area is a commercial strip immediately adjacent to a residential area and the mix has created problems throughout the City. Mr. Hewicker further commented that the applicant does not have sufficient parking spaces during the lunch and dinner hours. Mr. Hewicker further stated that the City does have a policy of making available in -lieu parking spaces and public parking spaces; however, when there is a discretionary permit, then the staff has an opportunity to review the permit and to exercise some type of control. He said that while the Municipal parking lot is available, the fact remains that the commercial properties were subdivided and developed during a period of time when no parking was either required or available. Mr. Hewicker pointed out that the Municipal parking spaces do not necessarily mean that the parking spaces are available for the exclusive use of any particular use. Mr. Dan Hamilton, leaseholder of the subject property, appeared before the Planning Commission in support of the application. Mr. Hamilton stated that the applicant is a successful businessman; that the hours of the restaurant's operation are proposed to be shorter than the current bakery's business hours; that the people intensity will not change;. that the property • owner owns 30 parking spaces in the building; that during late night hours there are broken down -15- COMMISSIONERS MINUTES �GZ 9�9yGygo S October 9, 1986 ZZ Zc�yaC'ty4n `y'Z �, CITY OF NEWPORT BEACH ROLL. CALL INDEX automobiles and people sleeping in their automobiles parked along the street and, instead, restaurant patrons would be parked in those parking spaces; and that the applicant is considering valet parking to utilize the available parking spaces. Chairman Turner clarified the difference between the current business and the proposed business by stating that the patrons of the current bakery business park their automobiles, buy their. products, and then leave the area immediately; whereas the proposed use is that the patrons enter and remain in the restaurant, which accounts for a different type of intensity. Chairman Turner emphasized that the problem is.the current trend throughout the City. Mr. Rene Mortelette, 516 Clubhouse Avenue, appeared before the Planning Commission, as a resident in the area since 1957, and he stated his opposition to the proposed application. Mr. Mortelette emphatically stated that the parking lot and' the alley need to be kept clean; that there are rats in the adjacent area; that there is a need for a family -style restaurant in the area but the subject site would not be the right location; that the yardage store uses the parking lot for evening classes once or twice a month and that those customers utilize all of the available parking spaces; that he has previously .made complaints regarding the parking lot noise; that he hoses down the parking lot and alley on Sundays and Tuesdays because the trash collects during the weekend; and that he would not support a restaurant in the area that would remain open after 8:00 p.m. or that would serve beer and wine. Susan Monroe, owner of the Balboa Dessert Company and current tenant of the subject site, appeared before the Planning Commission. She cited the present owners financial hardship if the application is not approved; that there is sufficient night parking because only the adjacent Baskin- Robbins take -out ice cream store and her business are open in the evenings; and that the applicants would be able to patrol the parking lot by not allowing automobiles that are not permitted on the property. . In response to Ms. Monroe's statement comparing her residence in the Rendezvous Condominiums on the Balboa Peninsula, adjacent to recently approved restaurants, to the subject site and adjacent residences, -16- COMMISSIONERS MINUTES 49- G'e49%�G'FpA� October 9, 1986 9 9 99 y GyN9C'o F CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Person explained that the restaurants adjacent to the' Rendezvous Condominiums are fully self - parked. He explained that the subject site is a situation wherein the Municipal parking lot is full on the weekends and throughout the week; that the { applicant. is asking that his restaurant remain open seven days a week; that there is no available parking on the residential streets; and that a letter has been received from the property owners of Via Lido Plaza declining use of their parking lot. In summary, Commissioner Person emphasized that there is not a concern regarding the restaurant, but rather the waiving of parking standards which is a problem in the subject area. Mr. Martelette reappeared before the Planning Commission and stated that he would support a restaurant that would be open during the day if there would be an adequate parking and trash area. He pointed out that the jewelry store has auctions during • the evening hours and those customers require parking. In response to a question posed by Commissioner Person regarding the restaurant's proposed hours of operation, Mr. Deng replied that the minimal hours that would be acceptable are 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 10:30 p.m. The public hearing was closed at this time. Chairman Turner reasoned that he is concerned about parking and over intensification of uses in the area; therefore, he said that he could not support intensifying the parking in the area. Motion x Motion was made to deny Use Permit No. 3236 subject to the findings for denial in Exhibit "A ". Commissioner Kurlander stated that he would support the motion for denial because parking is at a premium in the area. Commissioner Person stated that he would support the motion for denial because of the lack of parking in the area. • Commissioner Winburn stated that she would support the motion. She commented that many take -out restaurants have been approved because not enough parking can be -17- COMMISSIONERS MINUTES *6 0-1 -0 f- t+ October 9, 1986 cy s yc � CITY OF NEWPORT BEACH ROLL CALL INDEX located for sit down restaurants. She asked that the property owner inquire as to the business hours of his tenants and report those hours at a later date. Ayes 2 x x x x Motion was voted on to deny Use Permit No. 3236 subject Absent x x to the findings for denial in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That adequate off - street parking is not available for the proposed restaurant use to satisfy the requirements of Section. 20.30.035 of the Newport Beach Municipal Code. 2. The establishment, maintenance or operation of the use or the building applied for will, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in • the neighborhood of such proposed use and will be detrimental and injurious to property and improve- ments in the neighborhood and the general welfare of the City. Use Permit No. 3237 -(Public Hearing) Item No.8 UP3237 Request to permit alterations and an addition to an existing architectural office located on property located in the Unclassified District. The proposed Approved addition includes the construction of a new art studio, a new covered patio, and a new uncovered patio. The proposal also includes a request to waive a portion of the additional required off - street parking. LOCATION: A portion of Lot 1015, . First Addition to the Newport Mesa Tract, located at 1535 Monrovia Avenue on the westerly side of Monrovia Avenue, between 15th Street and Production Place in the West ' Newport Triangle Area. ZONE: Unclassified APPLICANT: Craig Combs Associates, Newport Beach OWNER: Same as applicant . -18- COMMISSIONERS r� • MINUTES October 9, 1986 CITY OF NEWPORT BEACH James Hewicker, Planning Director, referred to Condition No. 9 as presented to the Planning Commission by staff prior to the public hearing, stating "the applicant shall.record a covenant, the form and content of which shall be approved by the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the use of the 742 square foot addition at the rear of the existing building to the personal, non - commercial use of the building owner or tenant. The covenant shall also provide that the said use limitation may be eliminated by the applicant and successors in interest, if four (4) additional parking spaces are provided on site. The design of said additional parking shall be subject to the approval of the Planning Department." Mr. Hewicker advised that a Commissioner had a concern regarding the request to waive parking, and that the Commissioner did not want to rely upon staff to have to bring the use permit back to the Planning Commission in the event there would be a change in use or a change in conditions which might require the additional parking. He said that staff was asked to prepare an additional condition which would require that there be a Covenant or a Land Use Agreement recorded against the property putting any future owner on notice as to what the intended use of this space was to be, and that additional parking would be required at such time as there was a change in use. Chairman Turner questioned how Condition No. 9 requiring the applicant to record a covenant, could be enforced. Carol Korade, Assistant City Attorney, replied that the suggested condition would be as enforceable as any other zoning condition. Mr. Hewicker replied that the City could get involved in the enforcement if someone on the City staff would have an occasion to go to the property and notice that there had been a change in use which would require additional parking; by responding to a complaint by sending a member of the City staff out to investigate and then require the tenant to provide additional parking; or a prospective buyer searching documents as a result of a Title. search' and would find that this type of a Covenant had been recorded against the property, wherein the buyer would want to know the conditions imposed by the City. -19- INDEX COMMISSIONERS • • MINUTES October 9, 1986 CITY OF NEWPORT BEACH The public hearing was opened in connection with this item, and Mr. Craig Combs, applicant, appeared before the Planning Commission. Mr. Combs stated that he concurs with the findings and conditions in Exhibit "A" with the exception of aforementioned Condition No. 9 which he said appeared to be the same Condition as Condition No. 2, which states that "the Planning Commission may add or modify the conditions of approval to this use permit should there be any change to the existing or future office use on the site, which will result in an increase in the parking demand for the subject property ". Mr. Combs explained that the proposed expansion is only to create space for a recreational area. Chairman Turner and Mr. Hewicker explained that Condition No. 2 states that should there be a change in use on site in terms of increasing the current staff or utilizing the proposed area as an office or drafting space for Mr. Combs professional practice, and there is a shortage of parking, then the City can bring the use permit back and require that the additional 4 parking spaces be added. Commissioner winburn and Mr. Hewicker explained that Condition No. 9, requiring a Covenant, puts a future buyer of the property on notice if the use is changed, and that Mr. Combs could automatically convert to a more intensive use without coming back to the Planning Commission if he provides additional parking. Mr. Combs concluded that the Covenant is enforceable only if there should be a problem and that problem would come to the attention of staff. He said that if a future owner would be informed of the Covenant at the time the property is purchased, then that buyer would still need to abide by the Covenant. Discussion followed regarding the wording of the Covenant and if Mr. Combs would need additional time to review the document. In response to Commissioner Merrill, Mr. Combs stated that a manufacturing firm is situated at the rear of his property. Discussion followed regarding where the 4 additional parking spaces could be provided, if necessary. In conclusion, Mr. Combs agreed to Condition No. 9. In reference to Condition No. 7 requesting that approximately 25 feet of ,tree - damaged curb and gutter -20- INDEX COMMISSIONERS MINUTES October 9, 1986 CITY OF NEWPORT BEACH �yF,e ROLL CALL INDEX be reconstructed along the Monrovia Avenue frontage, Mr. Combs questioned the requirement and recommended that the Condition be deleted. He said that there would be a financial burden to the proposed project and that any damage to the curb or gutter perhaps had been done by the City -owned trees. The public hearing was closed at this time. Motion was made to approve Use Permit No. 3237 subject Motion x to the findings and conditions in Exhibit "A ", including Condition No. 9. In regard to aforementioned Condition No. 7, discussion followed between the Planning Commissioners wherein they commented that property owners are often responsible for the maintenance relating to City -owned trees. Motion voted on to approve Use Permit No. 3237 subject Ayes x x x x t x x to the findings and conditions in Exhibit "A ", including Condition No. 9. MOTION CARRIED. FINDINGS: 1. The proposed use is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. That the proposed addition to the existing office building will not increase the parking demand of the site inasmuch as the addition will be used as an art studio for the personal use of the applicant and will not be used in conjunction with the existing architectural office. 4. That there is adequate on -site parking for the proposed development of the site. 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 property within the proposed development. • 6. The approval of Use Permit No. 3237 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, -21- COMMISSIONERS MINUTES October 9, 1986 �9 , GZ �+' 9Ir Cy t ��9pZ�9yy y CITY OF NEWPORT BEACH ROLL CALL INDEX comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. The Planning Commission may add or modify the conditions of approval to this use permit should there be any change to the existing or future office use on the site, which will result in an increase in the parking demand for the subject property. 3. That the proposed addition shall be used as an art • studio for the personal use of the applicant and shall not be used in conjunction with the existing architectural office. 4. That all improvements be constructed as required by ordinance and the Public Works Department. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 7. That approximately 25 feet of tree - damaged curb and gutter be reconstructed along the Monrovia Avenue frontage under an ,encroachment ,permit issued by the Public Works Department. 8. 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. • 9. The applicant shall record a covenant, the form and content of which shall be approved by the City Attorney, binding the applicant and successors in -22- COMMISSIONERS MINUTES October 9, 1986 CITY OF NEWPORT BEACH INDEX interest in perpetuity so as to limit the use of the 742 square foot addition at the rear of the existing building to the personal, non - commercial use of the building owner or tenant. The covenant shall also provide that the said use limitation may be eliminated by the applicant and successors in interest, if four (4) additional parking spaces are ;provided on site. The design of said additional parking shall be subject to the approval of the Planning Department. A D D I T I O N A L B U S I N E S S: Additional The Planning Director informed the Planning Commission Business of the temporary use of the Castaways Site to establish a temporary assembly site for Marina reconstruction Castaways activities on the Bay, and that the site will be Site restored at such time as the use is terminated. • r x w Motion N Motion was made to set a public hearing at the Planning Ayes is x x Commission meeting of November 6, 1986, regarding an To set a Absent amendment to Section 20.10.025 of the Newport Beach Public x x Municipal Code as it pertains to bay windows and Hearing greenhouse windows in required yard setbacks in resi- dential districts. Motion voted on, MOTION CARRIED. Motion Motion was made to excuse Commissioner Person from the Ayes October 23, 1986, Planning Commission meeting. Motion Absent x x voted on, MOTION CARRIED. • A D J 0 U R N M E N T: 9:00 P.M. • x ,t PAT EICHENHOPER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -23- Excused Absence Adjournment ,