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HomeMy WebLinkAbout10/22/1998•Planning Commission Minutes CITY OF NEWPORT BEACH October 22, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Adams Fuller, Ridgeway, Ashley, Selich, Gifford, and Kranzley - AII Commissioners were present. STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple - Planning Director Robin Clauson, - Assistant City Attorney Rich Edmonston- Transportation and Development Services Manager Eugenia Garcia - Associate Planner Niki Kallikounis- Planning Secretary • Minutes of October 8, 1998: Motion was made by CommissionerSelich and voted on, to approve as written, the October 8, 1998 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: None Abstain: None Public Comments: none Postina of the Agenda: The Planning Commission Agenda was posted on Friday, October 16, 1998 n LJ INDEX Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes October 22,1998 SUBJECT: Ward Residence (John E. Wells, Ar 116 Kings Place • Variance No. 1224 Request to permit an addition to an existing single family residence of which a portion of the new construction exceeds the 24 foot height limit by approximately 11 feet. Motion was made by Commissioner Ridgeway to continue Variance No. 1224 to November 5, 1998 as requested by applicant. Ayes: Ridgeway, Fuller, Ashley, Selich, Gifford„ Adams, Kranzley Noes: None Absent- None Abstain: None sus . SUBJECT: Shell Service Station (Service Station Services Applicant) 1000 Irvine Avenue • Use Permit No. 3193 A request to change the number and size of signs for an existing gasoline station and car wash, where the signs allowed were limited by the existing Use Permit. Planning Director Temple stated there was no additional information from staff. Commissioner Fuller noted regarding Condition No. 3 that it states the car wash wall sign shall be limited to a maximum 33 sq. ft. He expressed that as he looked at the map it showed 27 sq. ft. Associate Planner Eugenia Garcia stated the dimensions at the end of the sign, are 3 feet 7 inches, and that figure times the 9 equals 33 sq. ft. Commissioner Fuller stated that it is not a rectangle, it is oval. Ms. Temple explained that the way the code reads, if the sign is an oval, it is still measured as lineal width by lineal height and that would be considered the size of the sign. Public comment was opened. Dominic Valdez, the Shell representative at Commission inquiry, stated that Shell requested the Commission approve the use of the sinage. Commissioner Selich asked Mr. Valdez if they had read the conditions in the staff report and agree with them. Mr. Valdez responded that they had read the conditions and do • agree with them. ILI101 Item No. 1 Variance No. 1224 Item No. 2 UP No. 3193 • City of Newport Beach Planning Commission Minutes October 22,1998 Commissioner Fuller asked Mr. Valdez what material they were using to the four columns. Mr. Valdez responded they are yellow PVC columns. Public comment was closed. Motion was made by Commissioner Ridgeway to approve Use Permit No. 3193 with the findings and conditions in Exhibit A. Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: None Abstain: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3193 Amended Findings: 1. The proposed development is consistent with the Land Use Element of the General Plan and a service station is a permitted use within the is"Retail and Service Commercial' land use designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) and Class 11 (Accessory Structures). 3. The approval of Use Permit No. 3193 Amended will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The signs are dispersed throughout a large site and do not create a high visual impact from the street. and will not contribute to a proliferation of signs on the site that would negatively impact the area. The signs are required to comply with the illumination criteria in the Municipal Code and should not create adverse impacts on the area. INDEX • City of Newport Beach Planning Commission Minutes October 22,1998 • • Development shall be in substantial conformance with the approved site plan, and elevations, except as noted below. All conditions of approval of Use Permit 3193 Amended shall remain in effect, except as modified by this amendment. 3. The "car wash" wall sign shall be limited to a maximum 33 -sq. ft. and the four new shell logos shall be limited to 9.5 -sq. ft. each. 4. The existing car wash wall signs ore to be removed prior to installing the new signs. 5. Subsequent modifications to the sign program for this use may be considered through the Modifications Permit process. 6. Signs shall be designed to eliminate light and glare spillage on adjacent uses and signs shall comply with the recommended sign luminance established for illuminated signs in Chapter 20.67.025 of the Municipal Code. Additionally, the Planning Director may order the dimming of any illumination found to be excessively bright, based on those criteria. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. SUBJECT: 353 East Coast Highway Speedway Restaurant (Jerry King, applicant) • Use Permit No. 3598 A request to amend an existing use permit that permitted the establishment of a theme restaurant facility (racecar theme) with incidental alcoholic beverage service. The application includes the following changes in operational characteristics: INDEX Item No. 3 UP 3598 • City of Newport Beach Planning Commission Minutes October 22,1998 allow live entertainment on Friday, Saturday and Holidays: permit dancing in conjunction With a limited number of special events. Also requested is an amendment to Accessory Outdoor Dining Permit No. 35 to extend the hours of operation of the existing outdoor dining area from closing at 10:00 p.m. to closing at 12 midnight, Sunday through Thursday. Motion was made by Commissioner Ridgeway to continue Use Permit No. 3598 to November 5, 1998 as requested by applicant. Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: None Abstain: None s.� SUBJECT: General Plan Amendment 98 -3 Request to initiate amendments to the Newport Beach General Plan, as follows: • C. 700 Newport Center Drive: A proposal to increase the development allocation for Block 700 of Newport Center by 11,000 square feet to allow for the semi - permanent installation of an enclosed tent /pavilion. D. Santiago Drive /22nd Street: A proposal to amend the arterial roadway classification of Santiago Drive /22nd Street between Irvine and Santa Ana Avenues from a Secondary Road to a Commuter Road. Planning Director Temple reminded Commission that items A and B were considered at the first Planning Commission meeting in October. She noted that these items came up quickly after the last meeting. Since they were relatively both small in scale, staff thought they would bring them forth in October rather than requiring them to wait until February. Public comment was opened on General Plan Amendment 98 -3(C) - 700 Newport Center Drive. Tom Maze of Pacific Life Insurance Company, 700 Newport Center Drive, requested the amendment for a temporary tent construction used for various functions of the company. Mr. Maze stated the tent is just over 7,000 square feet, not 11,000 square feet. Commissioner Ridgeway asked Mr. Maze what the longest time period is that they have left the tent up. Mr. Maze responded that he thought it was • approximately four and a half months last year. INDEX Item No. 4 GPA Initiation • City of Newport Beach Planning Commission Minutes October 22,1998 Kenneth Jack with Pacific Life Insurance Company informed the Commission that their intent is not to have the tent up longer than a six -month period of time, depending upon the weather. Commissioner Ashley asked for clarification that the Commission's understanding is they were requesting an 11,000 square foot tent and asked if they would be content to have a 7,000 square foot tent. Mr. Jack answered they would be. Public comment was closed. Motion was made by Commissioner Fuller to initiate Amendment C to the Newport Beach General Plan 98 -3 at 8,000 square feet. Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: None Abstain: None Public comment was opened on General Plan Amendment 98 -3(D), Santiago Drive. • Transportation and Development Services Manager Rich Edmonston stated that it is currently a 40 -foot curb to curb street with residential driveways. Public comment was closed. Motion was made by Commissioner Gifford to initiate Amendment D to the Newport Beach General Plan 98 -3, Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranziey Noes: None Absent- None Abstain: None s *s SUBJECT: Appointment of a Planning Commissioner to the Balboa Peninsula Sign Regulation Steering Committee. Planning Director Temple informed the Commission that the City Council directed staff to prepare a request for proposal to draft regulations regarding signs for the Balboa Peninsula as part of the Balboa Peninsula revitalization program. Staff solicited those proposals and they selected the company, Urban Design Studio. She noted the request for proposals included the • provision for a Steering Committee to help guide staff and the consultant as INDEX Item No. 5 • • City of Newport Beach Planning Commission Minutes October 22,1998 those regulations were drafted. Now the committee is being put together and one of the components of that committee is a member of the Planning Commission. Chairman Selich asked who else would be on the committee. Ms. Temple informed that they have appointments from the Balboa Village Business Improvement District, homeowners associations will be contacted and they will be represented. Ms. Temple added that Mrs. Wood and herself would be looking at additional representation from the business districts, probably a business owner in the McFadden, Cannery, Lido area and Richard Luehrs from the Chamber of Commerce. Chairman Selich asked if they are considering anyone from the Board of Realtors. Ms. Temple responded that it is a good idea and they will follow through. Commissioner Ridgeway suggested a good candidate for the committee would be Bob Roubian, representing Cannery Village and the McFadden area. Motion was made by Commissioner Kranzley to appoint Commissioner Gifford to the Balboa Peninsula Sign Regulation Steering Committee. Ayes: Fuller, Ridgeway, Ashley, Selich, Gifford, Adams, Kranzley Noes: None Absent: None Abstain: None SUBJECT: Fence Heights in Front Yard Setbacks Planning DirectorTemple explained that staff planner Eugenia Garcia would be making the presentation as it concerns issues the Modification Committee has been dealing with recently by way of requests from homeowners in areas where their back yards are identified as front yards on the Districting Map. Ms. Temple noted this report was prepared at the request of Commissioner Gifford. Mrs. Garcia referred to the requests for barbecues that was one of the issues the Commissioners were interested in. Mrs. Garcia made her presentation with pictures of two different sites. Mrs. Garcia explained they went to this particular site to check a fountain and when there, they noted the barbecue. They measured the barbecue and noticed it exceeded the height so they re- noticed it and included it in the modification. She stated that the modifications are individual and case by case as to the determination of whether or not they are approved. In this case, the neighbor's view was affected. Mrs. Garcia presented the second group of photographs and explained this • was a dispute between two property owners. She explained that the adjacent INDEX Item No. 6 Discussion only • City of Newport Beach Planning Commission Minutes October 22,1998 propertyowner complained about the barbecue. He originally had tall hedges at the property line and would not have had a view, but when his neighbor wanted to go ahead with this barbecue, he cut the hedges down. Mrs. Garcia passed the exhibits to the Commissioners and explained that they were all three -foot height limits in the front yard setbacks. One of the photos showed a property on East Bay where the easement is located and the house has a zero setback up to the abandoned easement. It looks like there are large front yards but in fact it is their property and the front yard. The 3 -foot rule still applies to barbecues. Ms. Garcia stated this is something the committee is increasingly seeing. Commissioner Ridgeway suggested that the Modification Committee look at the prevailing winds. He suggested that the barbecue be located on the downwind side so that when barbecuing, the wind does not blow into the neighbor's house. Commissioner Ridgeway noted regarding old houses versus new houses. All the new houses need to be built out of the flood zone. That means they have to add 12 to 18 inches to their patio. An older house is 12 to 18 inches lower, the • neighbor gets a 3 -foot height limit and then he puts a hood on. Commissioner Ridgewaystated that these are issues all up and down bay front properties. Mrs. Wood asked if that is then considered natural grade. Planning Director Temple explained regarding the flood plane issue. The code was amended so when the City requires a house to be higher, it becomes the natural grade only for the structure. Mrs. Garcia noted a barbecue still has to maintain 3 feet from the original natural grade. Ms. Temple stated that when they build a structure above the flood plane, they are required to have the garage portion of the structure be kept at the natural grade. Only the living space gets the benefit of the extra height. Planning Director Temple explained there are other situations that are not quite the same circumstance. These are patios located in the Irvine Terrace and Cameo Shores areas. They are similar because front yard setbacks have been established on the rear side of the lot and the purpose is to preserve the more panoramic portion of the view. People are reclaiming the slope area in order to create a larger useful back yard. They are trying to install retaining structures and a lot of them have gone in without proper permitting or with inaccurate plans and if implemented, they are over the 3 -foot height limit. Commissioner Ridgeway noted regarding Irvine Terrace, the down slope, on older properties that the homeowners association made some cuts. There are some people on Bayadere Drive that are asking to have retaining structures similar to the one in Cameo Heights. • INDEX • City of Newport Beach Planning Commission Minutes October 22,1998 Commissioner Ashley noted that it appeared the landscaping was exceedingly high. He asked if the landscaping is serving as a fence. Ms. Temple answered that the landscaping needs to be at the height limit and they do enforce it. Mrs. Garcia stated that it is an area wide situation in Cameo Heights, a group of residents is banding together trying to come up with some guidelines and they want people to respect the top of slope. The new buyers coming in do not want to do that. Commissioner Ridgeway asked for clarification of the term top of slope to mean for a fence? Mrs. Garcia responded it means anything below that. Ms. Temple explained part of their lot is down slope and they are trying to reclaim that for additional yard. She stated if it is in an area that is designated as a front yard setback, the height limit is 3 feet, and the retaining structures are sometime 4 and 5 feet high. Commissioner Ridgeway asked what the procedure would be to get approval for that? Ms. Temple responded it would require a modification permit. Ms. Garcia stated that one of things they find is that you can have a 3 -foot wall but the building code requires that at 30 inches, a handrail be installed which brings it over the 36 inches. Ms. Temple noted that as soon as they put in an 18 -inch or deeper spa in the reclaimed area then the building code requires a 5 -foot securityfence. • Commissioner Ridgeway noted that in this type of situation, there is no view impairment to anyone. He stated the problem is the people on the lower side are looking back upwards. Ms. Garcia expressed that they have found that you can stand down there at a barbecue, and the guests can look up into bedrooms and living rooms of the adjacent property owners. This situation makes them very nervous and they want everyone to be above the slope. Ms. Temple explained that this is a condition all over town where the rear yard is established as the front yard, where there are dual fronts at two streets. Commissioner Ridgeway asked of this is something that the community associations rules would govern? Planning Director Temple stated that Assistant City Attorney Robin Clauson and herself are receiving letters from homeowners associations soliciting the City's assistance in not issuing permits. There are a lot of people who go ahead and do whatever they want, not caring if they are sued by the homeowners association. City Attorney Clauson stated that the City legally could not get involved. They can not delegate approval of something under their code to an outside body such as a homeowners association. Planning Director Temple noted that all plans are stamped that they may be subject to homeowners' rules and it is up to them to make sure they are complied with. Commissioner Gifford asked Planning Director Temple if there is anything that she could recommend for the Commission to be initiated or considered since it takes up so much of the staff's time? Ms. Temple answered if and when • they get to the point where certain types of modification applications are INDEX • City of Newport Beach Planning Commission Minutes October 22,1998 routinely approved within rather consistent parameters, then at that time they would propose to the Commission, consideration of a code amendment. These issues are new and they have been confronted with them in the last year and every one of them is different. Chairman Selich noted that they would continue to have problems like this because every square inch of land is getting to be more valuable and everyone wants to make the maximum use of it. rrr ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported the purchase of the Balboa Theater and they are working on finalizing it. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairman Selich reported that the Hotel • Subcommittee is about ready to bring forth a report in November with recommendationsto the City Council. C.) Matterswhich a Planning Commissioner would like staff to report on at a subsequent meeting - Ms. Temple suggested an early start to plan the holiday activities. • d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. e.) Requests for excused absences - Commissioners Kranzley and Ridgeway requested to be excused on November 5, 1998. rrr ADJOURNMENT: 7:40 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 10 Tk111; 1 Additional Business Adjournment