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HomeMy WebLinkAbout11/07/19960 CITY OF NEWPORT BEACH • Planning Commission Minutes November 7, 1996 Regular Meeting - 7:00 p.m. Present: Commissioners Thomson, Ridgeway, Adams, Gifford, Selich, Ashley Commissioner Kranzley was excused Sharon Z. Wood, Assistant City Manager, Community and Economic Development Robin Clauson, Assistant City Attorney iY4 Patrick Alford, Senior Planner Ginger Varin, Planning Commission Secretary Niki Kallikounis, Planning Secretary Minutes of October 10,1996: Motion was made by Commissioner Selich and voted on to approve as written the October 10, 1996 Planning Commission Minutes. Ayes: Thomson, Ridgeway, Adams, Gifford, Selich, Ashley Noes: none Absent: Kranzley Abstain: none Public Comments: none Posting of the Agenda: Mrs. Wood stated that the Planning Commission Agenda was posted on Friday, November 1, 1996, outside of City Hall. Minutes Public Comments Posting of the Agenda City of Newport Beach • Planning Commission Minutes November 7, 1996 • • 1. SUBJECT: Recycled Rages (Audrey Patterson, applicant) 2731 and 2737 East Coast Highway • Use Permit No. 3593 The continued use of a commercial parking lot for monthly outdoor sales in conjunction with an adjacent retail clothing store, on property located in the RSC District. Mr. Jay Garcia presented the staff report and summarized the contents. He added that the temporary use permit had been approved on August 22nd. Staff's concerns of compatibility and parking are addressed by conditions related to hours of operation, visual nuisances and noise as proposed in Exhibit A. Public Hearing was opened Audrey Patterson, applicant and owner, 2731 East Coast Highway - In response to Commissioner inquiry, stated that she understands and agrees to the findings and conditions of Use Permit No. 3593 as listed in Exhibit A. Commissioner Ridgeway clarified with the applicant, that the food distributed is free and not sale items. Public Hearing was closed. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 3593 subject to the findings and conditions in Exhibit A. Ayes: Thomson, Ridgeway, Adams, Gifford, Selich and Ashley Noes: None Absent: Kranzley Abstain: None Findings: That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. That 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). 3. That there are no permanent improvements proposed which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The approval of Use Permit No. 3593 will not, under the circumstances of the 2 INDEX Item No. 1 UP 3593 Approved City of Newport Beach • Planning Commission Minutes November 7, 1996 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 for the following reasons: adequate on -site parking is available for the existing and proposed uses, since a majority of the surrounding uses are closed on Sundays and under the same ownership as the subject property, which makes available additional off -site parking, on an informal basis (letter from property owner). the proposed use will not have any significant environmental impact, given the limited size of the use and the hours as restricted by this approval. Conditions: 1. That development shall be in substantial conformance with the approved site plan, except as noted below. 2. That this approval is for outdoor sales associated with the adjacent retail clothing store only and not does not permit the outdoor sales as an • independent use. That the sale of snacks, food and beverages is prohibited, unless the appropriate application is first approved in accordance with procedures set forth in the Municipal Code. 3. That outdoor seating shall be limited to the patio area of the site as currently is provided for the comfort and convenience of patrons who are shopping. 4. That the outdoor use shall be located in the commercial parking lot at the rear of the building only and shall not extend into the public rights -of -way of East Coast Highway, Goldenrod Avenue or into the alleys. S. That the outdoor sales shall be limited to the sale of clothing and fashion accessories only and shall occupy the area as shown on the approved plot plan (approximately 500 sq.ft.). Any increase in the area devoted to the outdoor sales shall be reviewed and approved by the Planning Director prior to implementation. 6. That the outdoor sales use shall not displace more than 2 parking spaces and that a minimum of 6 on -site parking spaces (independently accessible) shall be maintained for the parking of employee and patron vehicles. Also that at least two parking spaces shall be maintained on the westerly row of parking spaces on the subject property. 7. That the on -site parking, vehicular circulation and pedestrian circulation • INDEX City of Newport Beach • Planning Commission Minutes November 7, 1996 systems be subject to further review by the City Traffic Engineer, prior to implementation of the proposed outdoor sales use (written verification of the acceptance of the parking lot layout, by the City Traffic Engineer shall be provided by the applicant to the Planning Department). 8. That all employees shall park on -site. That all patrons shall be directed to park within the subject parking lot or on the public streets: and not within the alley right -of -way at the rear of the subject property. Employees shall actively regulate patron parking to maintain the alley right -of -way clear of vehicles and other obstructions during the hours of the operation. 10. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or off -site to advertise the subject temporary use. 11. That trash receptacles shall be conveniently placed on the subject property for the convenience of patrons. 12. That the hours of operation shall be limited to 9:00 a.m. to 5:00 p.m., on the last Sunday of each month. Any deviation from the established time or events of more than one day a month (which will require a reduction in the area • devoted to the outdoor sales with no loss of any of the available on -site parking spaces), shall be subject to the approval of a special events permit issued by the Community Services Department and review and approval by the Planning Department. 13. That no outside paging system, public address system, live or recorded music or stereo equipment shall be utilized in conjunctionwith the outdoor sales use. 14. That the use of balloons or other attention attracting device, shall be prohibited and that all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 15. That all trash areas shall be screened from adjoining properties and streets. 16. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. 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. • INDEX City of Newport Beach • Planning Commission Minutes November 7, 1996 2. SUBJECT: Thrifty Rent -a -Car (Brian Wood, applicant) 2018 Quail Street Use Permit No. 3594 The establishment of a storefront rental car agency with vehicles present, in a commercial center. No servicing or washing of vehicles is proposed on -site. Mr. Jay Garcia presented the staff report and summarized the contents. He described the operation as a corporate, point of sale facility having a bond contract with the County for pick -up. The applicant will begin with approximately 25 vehicles and increase to 100 vehicles by the end of the year with no parking on site. These cars will be on location at corporate entities or hotels. The employees neither park nor drive personal cars to the site, rather, they use a company car. These employee driven company cars are part of the 7 rental vehicles. Staff is concerned about compatibility with other tenants within the complex. Therefore, conditions of approval have been included for specified parking spaces for the rental agency, no rental vehicles to be parked on public streets, location and number of parking spaces as well as delivery of no more than 7 vehicles at one time. Reference was made to the supplemental report regarding staff on -site inspection on • the 5th of November. It was noted that a number of rental vehicles were on site, According to the applicant, a portion of the fleet had been delivered from the manufacturer that week. The fleet is to be processed and moved to the off -site corporate locations within the next week and the on -site number will be reduced to the '7 vehicles authorized by the use permit. Tenants expressed their concerns to staff of additional parking spaces being used. Commissioner Adams stated that if an employee drives his personal vehicle to the site, there is no parking allowed. He asked if staff was convinced that the employees would not drive personal cars, to which staff answered there is no way to be sure that will never happen. Mr. Brian Wood, owner and applicant, 2018 Quail Street - stated that the 8 parking spaces will work for him as his average rental is about 15.8 days. Some corporate customers are picked up in a shuttle bus by the applicant at the John Wayne Airport. The cars are delivered to the hotels and /or corporate account and rotated. The employees (2) deliver, pick -up cars and write up contracts. The fleet for start up has come in at one time. In talking to the landlord, arrangements were made for the applicant to use, for about two weeks, an additional 15 empty spaces resulting from about 10,000 square footage vacancy in the complex. This is a temporary agreement only. He has assured the other tenants that his customers would not park in front of their stores. He is looking for an off -site location to park /house cars that are being turned around. At Commission query, Mr. Wood stated the shuttle bus will be kept on site and use one • f1flill UP No. 3594 Denied City of Newport Beach • Planning Commission Minutes November 7, 1996 of the 8 parking stalls. He added that he understands and agrees to the findings and conditions of Use Permit No. 3594 and the suggested additional condition of approval in the addendum of November 7th. Commissioner Selich asked about the off -site location to house cars and if this was going to be permanent. The applicant answered that there is a permanent facility that houses 35 cars off -site and he is looking for a larger facility namely the old Alamo site. The 35 cars are at two hotels where the client base is around 15 and 20. Commissioner Ridgeway asked the applicant if he had a separate lot for separate cars? Do you have a rental agreement on the Alamo lot? Mr. Wood answered that the rental agreement is in discussion because he won't need a second site until April or May. He has a signed agreement with the Sheraton Hotel that states there will be 35 stalls for his cars on an as- needed basis. This agreement is tied in with the corporate accounts that stay there at the hotel. A condition for parking the cars there is that the client is staying at that hotel as well. Commissioner Ridgeway asked if new cars are to be delivered from time to time. Mr. Wood answered that yes, they are brought in by drivers on an individual basis, not on car carriers. • Commissioner Ridgeway then referred to a letter dated November 5}h that was part of the packet. It is from the other tenants of the shopping center. Mr. Wood stated that he was given a copy and has read it and recognizes some of the signatures. Commissioner Adams asked about the shuttle bus operation. Mr. Wood stated that the shuttle bus is to be used for the airport and a $10,000 Bond has been posted. Mr. Robert Winsten, 3929 Birch St. spoke for the people present in the audience in opposition to this proposal. The reasons for opposition are: 75 to 100 cars in the parking lot - how are they to be handled The amount of cars is contrary to the Use Permit. Chairperson Adams stated that staff has suggested a condition that addresses the temporary storage for bringing in fleet vehicles. He asked if the applicant contained his operation to 8 spaces, would there be any objection by the other tenants. Mr. Winsten answered that there would be no objection at all. Chairperson Adams asked if there is a need to paint names of businesses on bumper stops. Mr. Winsten answered that there are a number of businesses that use the available internal parking spaces. Designated spaces in front of Mr. Wood's facility or within the middle lot would not be a bad idea as long as it is adhered to. • INDEX City of Newport Beach . Planning Commission Minutes November 7, 1996 Commissioner Ridgeway asked Mr. Winsten how long this operation had been in the shopping center. He did not know. Chairperson Adams asked staff about suggested condition of spaces be designated for this tenant, can this be imposed without the cooperation of the landlord? Assistant City Attorney Clauson answered that this could be imposed as a condition, but if the landlord does not agree with this, it would be up to the applicant to work this out with the landlord. Discussion continued. Public Hearing was closed. Staff was asked about Exhibit A - tenant's designated parking spaces. Also proposed was an additional condition referencing off- loading from tractor trailers on site. Commissioner Ridgeway continued discussion on tractor trailers off - loading cars stating that on prior proposals, this has been proposed. He has seen, with two different agencies, off - loading cars disregarding these conditions entirely. They are supposed to unload on -site but do not. He has reviewed this with Code Enforcement resulting in the Police being called in. • Commissioner Ridgeway continued with comments against this application: • Mr. Wood is attempting to lease an off -site location for 35 cars - this is strong evidence for potential for violation 15 stalls were currently assigned by the lease to the applicant • question as to employees using rental cars on a daily basis • potential for violation is significant • knowledge of car rental agencies around the airport violating off - loading rules Chairperson Adams requested the applicant to come forward and explain how the employees get to work. Mr. Wood answered that all the cars are delivered or picked up, so employees get company cars as part of their contract. There might be one or two shuttle bus drivers. If they park personal vehicles, they will park on his lot. Chairperson Adams answered that they can't. Condition number 3 states that no employee shall park personal vehicles on -site to which Mr. Wood agreed. Discussion continued about the conditions as written, adherence and potential violation as reflected in statements by applicant. Assistant City Attorney Clauson commented that there are so many conditions relating to parking of vehicles these conditions are going to be difficult to enforce. • If the Commission does approve this Use Permit, then having designated parking INDEX City of Newport Beach • Planning Commission Minutes November 7, 1996 spaces would be helpful from an enforcement point of view. Discussion continued on the conformity with the Land Use Element of the General Plan. Commissioner Gifford, stating that the other tenants agree with this Use Permit as long as the parking conditions are adhered to, made Motion for approval of Use Permit 3594 subject to the terms and conditions in Exhibit A and in the supplemental report with the exception of the change to condition 3 to read as "that no employee shall park personal vehicles on -site except in the spaces designated pursuant to condition 6. Condition 6 shall be changed to .....rental vehicles shall be parked on the subject...... Chairperson Adams asked the applicant if there were any decals or makings on the rental vehicles to which he as answered no. Mr. Wood added that he originally wanted to designate his parking spaces with blue dots and painting curb in front of the office. If you put up a sign as had been suggested, people will trip over it or hit it and he is fearful of lawsuits. Commissioner Ashley spoke in favor of this motion and Chairperson Adams spoke • against this motion. Ayes: Gifford, Selich and Ashley Noes: Thomson, Ridgeway, Adams, Absent: Kranzley Abstain: None Motion was denied as a result of a tie vote. 3. SUBJECT: 414 Poinsettia Avenue (Harry Marsh, applicant) • N.B.L.L.A. No. 96 -7 • Modification No. 4495 Planning Commission review of the action of the Modifications Committee which approved a request to permit the adjustment of an interior lot line in conjunction with the construction of two new duplexes on property located in the R -2 District (N.B.L.L.A. No. 96-7). Also included in this application, is a request to permit the construction of two single -car garages with an interior width of 9 feet each, where the Zoning Code requires a minimum of 9 feet 4 inches. These garages are proposed in conjunction with the two new duplexes which will result from the above noticed lot line adjustment. Each duplex will maintain two single -car garages and a two -car carport. • 8 INDEX Item No. 3 N.B.L.L.A. No. 96 -7 Modification No. 4495 Continued to 12/5/96 0 • City of Newport Beach Planning Commission Minutes November 7, 1996 This item has been continued to the Planning Commission meeting on December 5}h at the applicant's request and with staff approval. 4.SUBJECT: Mesa Drive Rezone (Public Hearing) To change the zoning district classification of six properties located off of the south side of Mesa Drive between Birch Street and Cypress Street from Unclassified (U) to Agricultural - Residential (R -A) in order to allow the proposed deletion of the U District from the proposed Zoning Code and to establish appropriate land use and property development regulations which would allow the existing agricultural uses on the subject properties to continue. Mr. Alford presented the staff report and summarized the contents. When the districting maps were amended to reflect the Upper Newport Bay properties zoning code change, an error occurred showing Planned Community District (PC) on these properties on Mesa Drive. It is proposed that the R -A be applied with modifications to allow the keeping of livestock. Proposed are limits on number of horses and placement of areas for structures and enclosures for the keeping of the livestock. Also, to implement General Plan policies which call for this area not to be re- subdivided, staff proposes the minimum lot size and width changed from six thousand (6,000) square feet to two (2) acres. The listing of exotic animals addresses pot - bellied pigs and peacocks to name a few. These animals are becoming popular to own and raise. There are other classificationsfor larger animals. Assistant City Attorney Clauson, to allay Commission's concerns, stated that Title 7 of the city code requires a permit in order to keep wild animals. Commissioner Gifford expressed concerns of "...kept for display..." that this does not imply a commercial use. Is this definition one that is being created at this time or is the definition taken from another place? Staff explained that the Land Use Classifications that allows the keeping of animals is "animal husbandry". This is geared to the traditional agricultural type uses and would not fall into any type of commercial display such as circuses, etc. Staff was asked about the zoning for the Santa Ana Heights area that surrounds this street, and it was determined that this land is designated for the same land use. Charitable uses are not addressed in the proposed zone. A Special Events Permit would have to be issued with restrictions remaining in force regardless of the zoning. Public Hearing was opened. Carlo Brockman, 2148 Mesa Drive - stated that the county area surrounding these INDEX Item No. 4 A No. 855 Continued to 12/5/96 City of Newport Beach Planning Commission Minutes November 7, 1996 properties is zoned REQ which is residential- equestrian. She spoke in opposition to the proposed RA zoning as it does not satisfy the current use of the land. There are three homeowners affected by this re- zoning. The other three properties owned by the County of Orange are vacant and adjacent to the Santa Ana Delhi Channel and will remain vacant due to the channel widening project in the future. As a members of a local association there are certain restrictions based on the size of the lot. She requests the some zoning as the County properties as REQ. As representing the third property owner affected by this change, feels that Amendment 855 does not work for them. Mrs. Barbara Young, 2128 Mesa Drive - spoke in opposition to this proposed zoning change and requests that it be the same as the REQ classification as it appears in the Santa Ana Heights Specific Plan citing some differences: • number of horses for each 10,000 square feet of lot area incremental to 15,000 with increasing number of horses • domestic and exotic animals needing special use permits and licenses • lot setbacks are different between the two plans This proposed change is only for three lots and requests that the changes be made to coincide with the Santa Ana Heights Specific Plan (SAHSP). The amount of horses kept on the lots vary from week to week due to exchanges of one sort or another. Mr. Charles Church, 2181and 2191 Mesa Drive questions if his property will be affected. Chairperson Adams stated that the properties across the street are not affected other than being under the sphere of influence. Mr. Church introduced a letter for the Commission. Public Hearing was closed. Commissioner Ridgeway stated that this item should be continued to allow the land owners to work with staff on mutually agreeable zoning. The zoning code update will go to the Council in January. Motion was made by Commissioner Ridgeway to continue this item to December 5m. Ayes: Thomson, Ridgeway, Adams, Gifford, Selich and Ashley Noes: None Absent: Kranzley Abstain: None ADDITIONAL BUSINESS a.) City Council Follow -up - An oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the 10 /28th meeting the China Palace application was reviewed and the Planning 10 M-T-F1 Additional Business City of Newport Beach Planning Commission Minutes November 7, 1996 Commission action was modified. A status report on the six Development Agreements that are still active was reviewed and with the exception of the CIOSA Agreementwere found in compliance. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Outdoor Dining Permit for 2400 Coast Highway, West was approved; Specialty Food Service Permit for 1016 Bayside Drive was approved; Modifications for 424 Morning Canyon Rd, 3601 Jamboree Rd., 2800 West Ocean Front, 1954 Port Laurent Place, and 228 Hazel Drive, 507 -519 Orange Avenue, 325 Holmwood Drive, 900 Dover Drive and3929 Birch Street were approved. C.) Oral report from Planning Commission's representative to the Economic Development Committee - Commissioner Selich reported that at the last EDC meeting, he gave a report on the changes to the Zoning Code made by the Planning Commission. The EDC will review these changes and make their recommendations and report to the City Council. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee- Commissioner Gifford reported there will be an all day session on Thursday, November 21st for review of all input to the committee on the BP PAC study. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Chairperson Adams asked for the status on LaSalsa restaurant and whether it has a Use Permit? Details will be forthcoming. f.) Matters which a Planning Commissioner may wish to place on a .future agenda for action and staff report - none g.) Requests for excused absences- Commissioner Thomson asked to be excused from the next meeting on the 2159 of November. ADJOURNMENT: 8:45 PM ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 INDEX