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HomeMy WebLinkAbout11/08/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES A PLACE: City Council Chambers TIME: DATE: 7:30 P.M. �'� DATE: November 8, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Present Absent Commissioner Merrill was absent. x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney x x x William R. Laycock, Current Planning Manager Patricia L. Temple, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • x x x Minutes of October 18, 1990: Minutes of Motion * Motion was made and voted on to approve the October 18, 10/18 /90 Ayes Absent * * * 1990, Planning Commission Minutes. MOTION CARRIED. x x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, November 2, 1990, in front of City Hall. x COMMISSIONERS An a November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, reported that the applicant, Continue Franco Asaro, has requested that Item No. 6, Use Permit No. 3396, regarding property located at 3601 Jamboree Road, be withdrawn. He . further requested that Item No. 7, Use Permit No. 3387, regarding the Newport Beach Alano Club, Inc. located at 414 32nd Street, be continued to the December 6, 1990, Planning Commission meeting so as to allow further review of the application. Motion * Motion was made and voted on to continue Item No. 7, Use Permit Ayes * * * * * * No. 3387, to the December 6, 1990, Planning Commission meeting. Absent MOTION CARRIED. Resubdivision No. 849 (Discussion) Item No.l R849 • Request to permit a two year extension of the previous approval of Resubdivision No. 849 which permitted the creation of one parcel of land for take -out restaurant purposes and one parcel of land for Approved off - street parking purposes on property located in the Koll Center Newport Planned Community. LOCATION: Parcel No. 7 of Parcel Map 82 -713 ( Resubdivision No. 731), located at 4101 Jamboree Road, on the northwesterly side of Jamboree Road, northeasterly of MacArthur Boulevard in Koll Center Newport. ZONE: P -C APPLICANT: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach; and Taco Bell Corporation, Santa Ana OWNER: Aetna Life Insurance Company, c/o The Koll Company, Newport Beach 2 COMMISSIONERS November 8, 1990 MINUTES " 1\ ,a CITY OF NEWPORT BEACH R CALL INDEX ENGINEER: Robert Bein, William Frost & Associates, Irvine James Hewicker, stated that the addendum includes a revision to Exhibit "A', that more accurately reflects current findings and conditions of approval regarding the subject resubdivision. Motion * Motion was made to approve Resubdivision No. 849 subject to the findings and conditions in Exhibit "A' (Revised). Chairman Debay and Mr. Hewicker discussed the application of the previously approved Condition No. 19, Use Permit No. 3375, requiring a trash compactor. Ayes Motion was voted on to approve Reuubdivision No. 849. MOTION Absent CARRIED. FINDINGS: 1. 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. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or 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 subdivision. CONDITIONS: 1. That a parcel map be recorded prior to issuance of Building Permits. 2. That all improvements be constructed as required by ordinance and the Public Works Department. . -3- COMMISSIONERS November 8, 1990 MINUTES 004 NN CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX 3. That the Fire Department connection for the adjacent office building shall be relocated so as not to be outside of the building footprint of the proposed drive -in and take -out restaurant. The applicant shall also provide a private easement for said Fire Department connection over Parcel No. 1 of the subject parcel map, for the benefit of Parcel No. i of Parcel Map 114/22 -24 (office building site). 4. That all conditions of approval for Use Permit No. 3375 shall be fulfilled. 5. That an easement for parking purposes be provided to the benefit of Parcel No. 1 over that portion of Parcel No. 2 where required parking spaces for the subject restaurant facility encroach over the proposed common parcel line. 6. That this resubdivision shall expire if the map has not been recorded on or before December 10, 1992. • x x x Resubdivision No. 914 (Amended)(Public Hear inel Item No.2 Request to amend a previously approved resubdivision which 8914 permitted the establishment of a single parcel of land where four lots and a portion of a fifth lot now exist. Said approval was Approved granted so as to establish a legal building site in conjunction with the construction of a mixed use commercial /residential development on property located in the 'Retail and Service Commercial' area of the Cannery Village /McFadden Square Specific Plan Area. The proposed amendment involves a request to delete Condition of Approval No. 7 of the original approval, so as to eliminate the requirement to pay park dedication fees for the four residential units which the applicant now intends to eliminate from the project. LOCATION: A portion of Lot 10, and all of Lots 11 -14, Block 227, Section A, Newport Beach, located at 2809 and 2811 Newport Boulevard, on the northerly side of 28th Street, in the Newport • -4- COMMISSIONERS November 8, 1990 MINUTES Poi dh '\ CITY OF NEWPORT BEACH ROLL CALL INDEX Boulevard Island, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT;. Newcomb Development, Inc., Newport Beach OWNER: Same as applicant ENGINEER: K.W. Lawler and Associates, Tustin The public hearing was opened in connection with this item, and Mr. John Newcomb, applicant, appeared before the Planning Commission wherein he concurred with either the findings and conditions in Exhibit "A" (as recommended by the applicant) or . Exhibit 'B" (as suggested by staff). There being no others desiring to appear and be heard, the public 9molon hearing was closed at this time. Motion was made and voted on to approve Reuubdivision No. 914 Ayes * * * * * (Amended) subject to the findings and conditions in Exhibit 'B ". Absent * MOTION CARRIED. Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed resubdivision. 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 Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. • -5 COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the traffic congestion during the summer months (June 1 through September 15) and during Easter Vacation ( one week before and one week after Easter) is significant and any major truck haul operation during this time would further congest the traffic to an unacceptable level. 5. That this area has significant pedestrian traffic which require that sidewalks remain open during construction operations. 6. That the proposed resubdivision presents no problems from a planning standpoint. 7. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section . 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the issuance of building permits and that the Parcel Map 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 each building and dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. S. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. • 6 COMMISSIONERS A O.✓ . NO\ d'O,Am I 0 November 8, 1990 MINUTES CITY OF NEWPORT BEACH R CALL INDEX 6. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 7. That in the event that residential dwelling units are proposed on the subject property,. the applicant shall be required to pay a park dedication fee for each dwelling unit, in accordance with Chapter 19.50 of the Municipal Code, prior to the issuance of a building permit. 8. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the streets and drives be designed . to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. 10. That a 15 foot radius corner cutoff at the comer of 28th Street and Newport Boulevard (northbound) and at the corner of 28th Street and Newport Boulevard (southbound) shall be dedicated to the public. 11. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage (northbound); that the deteriorated and displaced sections of sidewalk and curb and gutter be reconstructed along the 28th Street frontage; that the curb returns at the intersection of 28th Street and Newport Boulevard (northbound) and the intersection of 28th Street and Newport Boulevard (southbound) be reconstructed to a 20 foot radius including curb access ramps per City Standard 181 -L. The reconstruction of the curb return at 28th Street and Newport Boulevard (northbound) will require relocation of existing traffic signals. That the unused drive aprons be removed and -7 COMMISSIONERS In November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX replaced with curb, gutter and sidewalk along the Newport Boulevard frontage (southbound); that street lights be constructed per current City standards along the 28th Street and Newport Boulevard frontages as required by the Public, Works Department; and that all street, drainage and utility improvements plans be prepared by a licensed civil engineer. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 14. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction, storage or delivery of materials shall be allowed within the Newport Boulevard right -of -way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on- street parking must be submitted and approved by the Public Works Department. 15. That no earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips /hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter. 16. That any proposed underground building construction shall be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction and that no tie backs or foundations be constructed in the public right -of -way. • -8 COMMISSIONERS A d 03� p� , � ah pow November 8, 1990 MINUTES CITY OF NEWPORT BEACH R CALL INDEX 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 18. That an agreement for maintenance of non - standard improvements be executed by the developer if special textured sidewalk or other non - standard improvements are proposed to be constructed within the public right -of -way around the development. The design of all non - standard improvements shall be approved by the Public Works . Department. 19. That a maximum of two driveways shall be permitted on each of the northbound and southbound frontages of • Newport Boulevard and no driveways shall be permitted on 28th Street. 20. That all access and parking for the proposed development shall be subject to further review of the City Traffic Engineer. 21. 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. 9 COMMISSIONERS November 8, 1990 MINUTES o uo 0 o� �� CITY OF NEWPORT BEACH ROLL CALL INDEX Resubdivision No. 944 (Public Hearing) item No.3 Request to resubdivide two existing lots into two parcels of land for R944 two unit residential condominium development on each lot on. property located in the R -2 District. Approved, LOCATION: Lots 24 and 25, Block 29, Newport Beach, located at 121 and 123 29th Street, on the northwesterly side of 29th Street, between West Balboa Boulevard and West Ocean Front, in West Newport. ZONE: R -2 APPLICANT: Stephen Olson, Seal Beach OWNER: Olson Trust, Seal Beach ENGINEER: Alpine Consultants, Inc., Laguna Hills The public hearing was opened in connection with this item, and Mr. Todd Schooler, Architect, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Resubdivision No. 944 Ayes * * * * * * subject to the findings and conditions in Exhibit "A'. MOT10N Absent * 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, • -10- COMMISSIONERS spd Y. o� November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 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 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That the existing structures be removed prior to recordation of the parcel map. Also, that the Parcel Map be prepared so that the bearings relate to the State Plane Coordinate . System. 2. That all improvements be constructed as required by • Ordinance and the Public Works Department. 3. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 4. That each dwelling unit shall be served with an individual water service. and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That County Sanitation District fees be paid prior to issuance of any building permits 6. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. • -11- COMMISSIONERS November 8, 1990 MINUTES .o a� o °� : co CITY OF NEWPORT BEACH ROL CALL INDEX 7. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 8. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 9. That a park dedication fee for one dwelling unit 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. Y 4 i A. Use Permit No. 3388 (Revised).(Public Hearing) Item No.4 Request to permit the construction of an 11 unit bed and breakfast UP3388 (Revised) facility and related off - street parking on property located in the "Retail and Service Commercial" area of the Cannery Village/ VI170 McFadden Square Specific Plan Area which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District; and approved the acceptance of an environmental document. AND B. Variance No. 1170 (Revised)(Public Hearing) Request to allow a proposed bed and breakfast facility on property located in the "Retail and Service Commercial' area of the Cannery Village /McFadden Square Specific Plan to exceed the Base Floor Area Ratio of 0.5. LOCATION: Lots 10 -13, Block 120, Section A, Newport Beach, located at 2005 -2009 West Balboa Boulevard, on the southwesterly side of West Balboa Boulevard, between McFadden Place and 20th Street, in Central Newport. -12- COMMISSIONERS November 8, 1990 MINUTES o � N'P\ A CITY OF NEWPORT BEACH ROL CALL INDEX ZONE: SP -6 APPLICANT: Andrade Architects, Dana Point OWNER: Richard Lawrence, Orange James Hewicker, Planning Director, discussed the history of the subject project, and he explained the City Council's recommendation on September 24, 1990, that the project be redesigned and referred back to the Planning Commission. Commissioner Glover requested a clarification of scale relationships as referred to in Use Permit No. 3388 (Revised), Finding No. 2, Exhibit "B" in the staff report which states "That construction of the project will result in undesirable and abrupt scale relationships between the proposed structure and existing development ", and staff's statement that "The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development • and development in the surrounding area '. Mr. Hewicker explained that staffs response in the staff report suggests that the scale relationship is not an issue as suggested in Exhibit "A'; however, he explained that the Findings for Denial are suggested in Exhibit "B" if it is the desire of the Planning Commission to deny the project. Commissioner Edwards, Chairman Debay, and Don Webb, City Engineer, discussed the area provided for compact parking spaces, and it was mentioned that the compact spaces will be in excess of the minimum parking requirement. The public hearing was opened in connection with this item, and Mr. Steve Andrade, applicant, appeared before the Planning Commission on behalf of the property owner. Mr. Andrade addressed the redesign of the proposed bed and breakfast facility; the consideration of underground parking; the dedication of 3 feet to widen the sidewalk plus 4 feet for landscaping along the West Balboa Boulevard frontage of the site that will be used to enclose the parking facility; the reduction of the Floor Area Ratio; the elimination of one bed and breakfast unit; the redesign of the parking layout; and the addition of an entry from West Balboa -13- COMMISSIONERS November 8, 1990 MINUTES A � CITY OF NEWPORT BEACH ROL CALL INDEX Boulevard. Mr. Andrade concurred with the findings and conditions in Exhibit "A". Mr. Rick Lawrence, applicant, appeared before the Planning Commission so as to respond to any concerns that the Commission may have concerning the proposed facility. Mr. Tom Hyans, President of the Central Newport Beach Community Association, appeared before the Planning Commission. Mr. Hyans stated that the revised plans were reviewed by the Community Association, and he complimented the applicant, property owner, and staff in their endurance to provide a 'delightful' project. In response to a question posed by Commissioner Pers6n, Mr. Hyans explained that the objections that were in evidence by the Community Association when the subject project was previously before the Planning Commission, have been addressed satisfactorily. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n concurred with Mr. Hyans' foregoing Motion * statement. Motion was made and voted on to approve Use Permit Ayes * * * No. 3388 (Revised) and Variance No. 1170 (Revised) subject to the Absent findings and conditions in Exhibit "A". MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project (as conditioned or . -14- COMMISSIONERS November 8, 1990 MINUTES ` d Poe CITY OF NEWPORT BEACH ROL CALL INDEX as identified in the Initial Study) could have a significant effect on the environment. B. Use Permit No 3388 (Revised): Approve the use permit with the following findings and subject to the following conditions: 1. That the development provides adequate public visual open space. 2. That the increased height results in more public visual open space and views that would result from compliance with the basic height limit, since the project design includes increased setbacks on the first and second floors, adjacent to West . Balboa Boulevard. 3. The increased building height results in a more desirable architectural treatment of the building and a stronger and • more appealing visual character of the area within the general theme of a marine environment. 4. The increased building height does not result in undesirable or abrupt scale relationships between the structure and existing developments or public spaces. 5. The increased height does not result in floor area exceeding that otherwise permitted inasmuch as the applicant has obtained the approval of a variance to exceed the Base FAR of 0.5. 6. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -15- COMMISSIONERS ,o A° NO\ November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX. 8. That the design of the development or 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. 9. That public improvements may be required of the developer per Section 20.80.060 of the Municipal Code. 10. That the Police Department has no objections with the proposed development. 11. The approval of Use Permit No. 3388 (Revised) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be . detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That the building shall be no higher than 33 feet 6 inches, subject to the provisions of the Cannery Village /McFadden Square Specific Plan in regards to the ground floor elevation and in accordance with the definitions contained in Section 20.87.205 of the Newport Beach Municipal Code. 3. That a parcel map be processed and recorded prior to issuance of Building Permits. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 4. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall . be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. -16- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That the vehicular access gates shall be subject to further review and approval by the City Traffic Engineer to include the proposed automatic gate opening sensors. 7. That all mechanical equipment and trash areas shall be screened from West Balboa Boulevard, the alley and adjoining properties. 8. That all signs shall conform to the applicable provisions of the Cannery Village /McFadden Square Specific Plan as set forth in Chapter 20.63 of the Newport Beach Municipal . Code. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a Building Permit prior to completion of the public improvements. 11. That 3 feet of right -of -way be dedicated to the public for pedestrian purposes along the West Balboa Boulevard frontage. 12. That the sidewalk be reconstructed to an 8 foot width along the West Balboa Boulevard frontage under an encroachment permit issued by the Public Works Department. 13. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. i -17- COMMISSIONERS 0 is ON 0 e November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 14. That County Sanitation District fees be paid prior to issuance of any Building Permits. 15. That the Public Works Department plan check and inspection fee be paid. 16. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation. of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction, storage or delivery of materials shall be stored within the West Balboa Boulevard right -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 17. That overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 18. That the parking spaces be designed so that the columns do not fall within the parking spaces. 19. That walls, signs and landscaping shall conform to Std. 110 - L so as to provide adequate sight distance. 20. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of Building Permits. 21. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 22. 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 -18- COMMISSIONERS 0 �O y� V November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 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. C. Variance No. 1170 (Revised): Approve the variance with the following findings and subject to the following conditions: Findines: 1. It has been demonstrated that the traffic to be generated by the proposed Maximum FAR use will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq.ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5. 2. That the projections of traffic to be generated utilized standard traffic generation rates generally applied to hotel, motels and similar uses such as bed and breakfast facilities, per City Council Policy S -1. 3. The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 4. That the bed and breakfast operation on the site will be restricted to the operational characteristics upon which the traffic equivalency was based. 5. That the physical improvements associated with the proposed bed and breakfast use are such that the approved project does not readily lend itself to conversion to a higher traffic generating use. 6. The proposed bed and breakfast use is compatible with the surrounding area. -19- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL-r CALL INDEX 7. The increased development, including above grade covered parking, will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed, including above grade covered parking. Conditions: 1. That all conditions of approval of Use Permit No. 3388 (Revised) shall be fulfilled. 2. That the property owner shall prepare and record a covenant, the form and content which shall be approved by the City Attorney, which shall bind the current and future property owners to a bed and breakfast facility with no more than 10 guest units and 1 manager's unit which the traffic equivalency for the higher floor area was based. A. Use Permit No. 3395 (Public Hearing) item No.5 Request to convert an existing duplex into a residential UP3395 condominium project on property located in the R -2 District. R945 AND Approved B. Resubdivision No. 945 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R- 2 District. LOCATION: Lot 9, Block 7, Tract No. 27, located at 3226 Broad Street, on the easterly side of Broad Street, between Westminster Avenue and Bolsa Avenue, in Newport Heights. • -20- COMMISSIONERS .o I \ in 'IN 0 November 8, 1990 MINUTES CITY OF NEWPORT BEACH CALL INDEX ZONE: R -2 APPLICANT: Jerry Brooks, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Jerry Brooks, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3395 and Resubdivision No. 945 subject to the findings and conditions in Exhibit "A". In response to a question posed by Commissioner Pers6n, Mr. Hewicker replied that the subject application is the first request to convert an existing duplex into a residential condominium project since the vacancy rate was taken in 1990. Ayes * * * * * The foregoing motion was voted on, and MOTION CARRIED. Absent A. Use Permit No. 3395 Findings: 1. That as conditioned, the project will comply with all applicable standard plans and specifications, adopted City and State Building Codes, and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 2. That the project lot size conforms to the Zoning Code area requirements in effect at the time of approval inasmuch as the lot is in excess of 5,000 square feet in area. -21- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 3. That the project is consistent with the adopted goals and policies of the General Plan. 4. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 5. That there are no residents in the existing duplex who are fixed income elderly tenants or handicapped. 6. That the existing tenants whose income are below 120% of the County's median income will be permitted to remain as renters for a period of one year. 7. That a minimum of thirty percent (30 %) of the existing . tenants have expressed written interest in exercising their option to purchase a converted unit within the project at the price offered. Conditions: 1. That the project shall be in substantial conformance with the submitted site plan, floor plans and elevations, except as noted below. 2. That the applicant shall install separate building sewers from each unit. 3. That the applicant shall install separate water meters for each unit. 4. That the applicant shall install ground fault protection in each kitchen and bathroom within the structure. • -22- COMMISSIONERS 0\ November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX 5. That all conditions of Resubdivision No. 945 shall be fulfilled. 6. That evidence be submitted to the Planning Department. indicating that the existing tenants whose income is below 120% of the County's median income will be permitted to remain as a renter for a period of one year from the date of approval. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. B. Resubdivision No. 945 1. That the design of the subdivision improvements 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 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded, and that the parcel map 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. -23- COMMISSIONERS ROLL 0 • November 8, 1990 MINUTES CITY OF NEWPORT BEACH :ALL INDEX 3. That all conditions of Use Permit No. 3395 shall be fulfilled prior to the recordation of the parcel map. 4. 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. Use Permit No. 3396 (Public Hearine) item No.6 Request to permit the establishment of a restaurant with on -sale UP3396 alcoholic beverages and live entertainment on property located in General Commercial Site No. 1 of the Newport Place Planned Withdrawn Community. LOCATION: Lot 2, Tract No. 7694, located at 3601 Jamboree Road, on the northeasterly corner of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Franco Asaro, Newport Beach OWNER: Champion /LBS Associates, Long Beach James Hewicker, Planning Director, reported that the applicant has requested that this item be withdrawn from the Planning Commission agenda. -24- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Use Permit No. 3387 (Public Hearing) Item No.7 Request to expand an existing non - profit private club associated Cont ' d with substance recovery located in an existing commercial building to which is nonconforming relative to the off - street parking 12 -6 -90 requirement. The building is located in the "Specialty Retail" area of the Cannery Village /McFadden Square Specific Plan Area. The proposed use permit involves a request to waive the additional required off - street parking in conjunction with the expansion of the facility into the ground floor portion of the building which is used for a group meeting room, a smaller private meeting room and miscellaneous storage. The existing club activities on the second floor of the building include a club room with a coffee bar, bathrooms, a small meeting room, an office and .storage room. The request to expand the private club facility also represents a . conversion of a portion of the building from a Base FAR to a Reduced FAR use which also requires the approval of a use permit. iLOCATION: Lots 32 and 33, Block 431, Lancaster's Addition, located at 414 32nd Street, on the southerly side of 32nd Street between Newport Boulevard and Villa Way, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 APPLICANT: Newport Beach Alano Club, Inc. OWNER: Same as applicant James Hewicker, Planning Director, reported that staff recommends that this item be continued to the Planning Commission meeting of December 6, 1990, so as to allow further review of the application. Motion * Motion was made and voted on to continue Use Permit No. 3387 Ayes * * * * * to the December 6, 1990, Planning Commission meeting. MOTION Absent CARRIED. -25- COMMISSIONERS November 8, 1990 MINUTES .o \N\N%P\ � CITY OF NEWPORT BEACH ROL rCALL INDEX Amendment No. 717 (Public Hearing) Item No.8 Request to amend Title 20 of the Newport Beach Municipal Code A717 so as to establish a policy with regard to the height limits in those areas of the City that are in potential danger of flood hazard. Resolution No. 1238 INITIATED BY: The City of Newport Beach Approved James Hewicker, Planning Director, explained that the purpose of the subject Amendment is to establish a reference point from which heights of buildings will be measured throughout the City. He stated that it is most applicable to some of the low lying areas in . the older sections of the City adjacent to the beach and bay. Mr. Hewicker indicated that the policy establishes the permitted heights of buildings, measured from 6.27 feet above sea level, a pad elevation taken from the Flood Hazard Maps that are maintained • by the Building Department, or from natural grade, whichever is higher. Commissioner Pomeroy determined that the policy allows property owners to construct the same height of building throughout the City. The public hearing was opened. in connection with this item, and Mr. Todd Schooler, 500 North Newport Boulevard, appeared before the Planning Commission to state his support of the subject Amendment. In response to a concern expressed by Mr. Schooler with respect to grade, Mr. Hewicker pointed out that the Height Limit regulation in the flood hazard areas contains the following: "The height limit for the inhabitable areas of all new structures or addition to existing structures, excluding all accessory structures, on a parcel of land within the Flood Hazard Area, shall be measured from the site's required pad elevation or existing natural grade, whichever, is higher.." There being no others desiring to appear and be heard, the public hearing was closed at this time. -26- COMMISSIONERS o� Ok. November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Motion, Motion was made and voted on to adopt Resolution No. 1238, Ayes * * * * * * recommending to the City Council the adoption of Amendment No. Absent * 717. MOTION CARRIED. Discussion Items: Discussion Amendment No. 714 Item #1 A719 Request to amend a portion of Districting Map No. 9 so as to establish a front yard setback of 5 feet on Lots 10 -13, Block 14, set ph Tract No. 234 (100 -106 15th Street); and a front yard setback of 19 for feet on Lots 10 -13, Block 114, Tract No. 234 (200 -206 15th Street). 12/6/90 The proposal also includes a request to amend a portion of . Districting Map No. 11 so as to establish a front yard setback of 5 feet on the following lots: Lots 9 -12, Block 3, Balboa Tract and Parcels No. 1 and 2, Parcel Map 99 -12 (404 -416 East Balboa Boulevard) and Lots 10 -12 and Lot 18, Block 2, Newport Bay Tract (301 and 313 -317 East Balboa Boulevard). Motion Motion was made and voted on to set Amendment No. 719 for Ayes public hearing at the Planning Commission meeting of December Absent * 6, 1990. MOTION CARRIED. Mixed Use Development Item #2 Discussion of issues related to residential /commercial mixed use as Mixed use requested by the City Council. Develop. Commissioner Pers6n stepped down from the dais on the basis that he is the owner of a residential /commercial mixed use, and the City Attorney's Office advised that there could be a potential conflict -of- interest. James Hewicker, Planning Director, stated that the City Council requested that the Planning Commission review the, concept of • -27- COMMISSIONERS November 8, 1990 MINUTES .o ON CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX mixed use development within the City, and the development standards that are being applied to the residential /commercial mixed use. He indicated that the Planning Commission has approved each application for mixed use development subsequent to the establishment of mixed use in the 1988 General Plan Update. In response to a question posed by Chairman Debay, Mr. Hewicker replied that staff has not received any complaints associated with mixed use regarding setbacks, parking requirements, building bulk, or a minimum ratio of commercial to residential square footage. In response to a question posed by Commissioner Di Sano, Mr. Hewicker replied that staff does not have any concerns regarding the commercial /residential mixed use concept. Commissioner Pomeroy addressed a statement in the staff report as follows: "A residential dwelling unit requires two parking spaces regardless of the size of the unit, while commercial parking is • calculated on a square footage basis. As a result, developers usually will propose large dwelling units in mixed use projects, which are built as condominiums." Commissioner Pomeroy commented that the Planning Commission has approved projects whereby so much space was taken up by the required parking per residential unit that, as a result, there is a small commercial unit. He indicated that inasmuch as the Coastal Commission requires 2 parking spaces per dwelling unit, and the majority of the commercial /residential mixed use is within the Coastal Zone, that an adjustment could be made to allow more commercial and less residential use; however, he said that if there is not a modification to the parking requirement then nothing would be accomplished other than to reduce the size of the building. Commissioner Glover referred to the areas of concerns as expressed by the City Council that are included in the staff report. She referred to No. 1, "The intensity relationship between residential and commercial land use. Of particular concern is the trend to a dominance of residential over commercial in projects on larger size lots. ", and No. 4, "The reduction in the integrity of the City's commercial areas by encouraging a dominance of residential -28- COMMISSIONERS Am o� � November 8, 1990 MINUTES CITY OF NEWPORT BEACH R CALL INDEX uses. ", are compatible. She suggested that it might be worthwhile to monitor her concern that business square footage is being removed and not replaced inasmuch as it may give the impression of predominance of residential over commercial use. Mr. Hewicker responded that mixed use has been approved in the older commercial areas where the commercial uses have not been as viable as the City might desire, and the residential use has provided an alternative use that appeared to be more viable than some of the commercial uses. Mr. Hewicker determined that mixed use introduced an entirely different traffic generation characteristic that assisted the City in terms of being able to downzone but at the same time to allow development to occur in such a way that it would help balance circulation with the Land Use Element of the General Plan. He said that the issue of displacement of. commercial use has been an issue that has been previously addressed wherein he referred to developments that have been approved by the Planning Commission and the City Council. . Chairman Debay stated that mixed use is a financial benefit to the older sections of the City, and she pointed out that residential use is always located on the second story. Commissioner Glover referred to No. 2, "The lack of setback provisions in commercially zoned areas (particularly side yard setbacks) which are then applied to both the residential and commercial components of the. project. ", and she stated that the lots in Cannery Village are so small that no change would be viable. In reference to No. 3, "The trend to establishing condominiums for both the residential and commercial components of the projects, with the result that there may be no connection between the commercial condominium owner and the residential condominium owner(s),. This situation could result in conflicts between the entities." She indicated that a precedent has been set by the 28th Street Marina, and wherever there is a mixed use there would be a non - relationship. Commissioner Glover said that as an owner of a small business, she has a concern that at some point small businesses would be displaced. Mr. Hewicker addressed the 28th Street Marina wherein he said that concerns were expressed with respect to the interface of commercial and residential uses, -29- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL 111 fill i INDEX and the project that was approved by the Planning Commission on Old Newport Boulevard where large lots exist and large buildings would be constructed. Mr. Hewicker stated that the Planning Commission has the opportunity to amend the General Plan if the Commission would have a desire to make changes for mixed use development in the future. He further indicated that there are areas in the City that have not been considered for mixed use for which the Planning Commission may receive requests for a General Plan Amendment. In response to a question posed by Chairman Debay with respect to conflicts between entities, Mr. Hewicker replied that similar concerns have been expressed by the staff. He indicated that a tenant has the option to move out; however, if the residential and . commercial uses were individually owned, and a conflict arises between the property owners, there could be a problem where the residential owner could come back to the City and request assistance. In response to a question posed by Chairman Debay with respect to mixed use projects, Mr. Hewicker concurred that a resubdivision would be required if there would be separate ownership on the same lot. Patricia Temple, Advance Planning Manager, appeared before the Planning Commission. She said that when staff has expressed concerns regarding potential conflicts to proponents of mixed use projects, that they have indicated Covenants, Codes, and Restrictions (CC&R's) would be required and it has been their opinion that CC &R's would minimize problems. She indicated that if future problems exist that the CC &R's, do not address, then the City may want to add provisions into the restrictions on the property. Commissioner Edwards addressed his concern with respect to a potential liability if the City would be involved in trying to enforce a dispute resolution between a residential owner and commercial owner. Ms. Temple responded that the City would only be providing provisions for the property owner to administer if future problems would occur. Mr. Hewicker addressed staffs attempt to avoid becoming involved with Community Associations' CC&R's. • -30- COMMISSIONERS November 8, 1990 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Commissioner Edwards recommended that the Planning Commission avoid private dispute resolutions. Mr. Hewicker stated that it was his opinion that the condominium concept of mixed use could be considered consumer protection. Commissioner Glover concurred that the City should not interfere with the conflicts between residential and commercial property owners. Commissioner Pomeroy commented that mixed use is a very good method to allow the City to be improved and rebuilt without a redevelopment area, that it is working economically, it is a good Motion * solution, and "if it works, don't fix it." Motion was made to Ayes * * * * recommend to the City Council that the Planning Commission is Absent satisfied with the mixed use regulations. Commissioner Di Sano concurred with the foregoing motion. Motion was voted on, MOTION CARRIED. ADJOURNMENT: 8:27 p.m. Adjournment THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -31-