Loading...
HomeMy WebLinkAbout12/10/1998• • • CITY OF NEWPORT BEACH Planning Commission Minutes December 10, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Fuller, Ashley, Selich, Gifford, and Kranzley- all present. STAFF PRESENT: Sharon Z. Wood, - Assistant City Manager Patricia L. Temple- Planning Director Robin Clauson, - Assistant City Attorney Rich Edmonston- Transportation and Develop me nt Services Manager Ginger Varin - Planning Commission Executive Secretary Patrick Alford - Senior Planner Marc Myers - Associate Planner Scot Ferris - Assistant Planner Minutes of November 19,1998: Motion was made by Commissioner Gifford and voted on, to approve as written the November 19, 1998 Planning Commission Minutes. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Public Comments: None Postina of the Agenda: The Planning Commission Agenda was posted on Friday, December4, 1998 INDEX Minutes Approved Public Comments Posting of the Agenda • City of Newport Beach Planning Commission Minutes December 10, 1998 • • SUBJECT: Speedway Restaurant (Jerry King, applicant) 353 East Coast Highway • UP 3598 (Amended) Planning Commission Review to determine compliance with conditions of approval of Use Permit No. 3598, as modified and approved by the Planning Commission on February 20, 1997. The Use Permit allowed the establishment of a theme restaurant facility (racecar theme) with incidental alcoholic beverage service and the use of valet parking on a limited basis. The Commission may add or modify conditions of approval in order to achieve satisfactory compliance with any of the conditions of approval. Commissioner Kranzley recused himself from deliberation of this matter due to a campaign donation by the applicant. Public Comment was opened. Nicholas Costa, 120 Irvine Cove Court, Laguna Beach, applicant stated that he had just seen the report and that he does not agree with the findings. He noted the following: • Parking and littering across Linda Isle is not caused by his patrons as his parking lot has plenty of room. • A parking lot at the auto dealership next door is available on an as needed basis. • Also, he has paid $300 to the Pavilion's for the use of their parking lot if needed for additional parking. • Valet parking is $1 charge as of a month ago. • Business is seasonal, with November to March the slowest, because the racing season is over. • Food service is until closing. Last call is around 12:30 or 1:00 depending if there is anyone in the bar. When the last call is made the kitchen is told to clean up and close because no more alcohol or food is going to be served. • He was asked to withdraw the music permit prior to the November 19th Planning Commission meeting because he was told it would not be approved. He was advised to re- submit in February or March. • He asked for live music because his patrons like it. • He is attempting to have more activity in the restaurant because the restaurant is not doing that well. • There has not been one complaint filed with the Police Department in the year and a half he's been at that location. • If homes were vandalized and people parked where they should not be, why wasn't there a complaint filed with the Police Department? Commissioner Fuller noted the following: INDEX Item No. 1 UP 3598 A Approved • City of Newport Beach Planning Commission Minutes December 10, 1998 There have been some complaints and calls to the Police Department and calls for service. (a copy of the calls for service report was given to the applicant). Noticing procedures - Ms. Temple clarified that public hearing notices are provided and reports are sent to the address of record. The reports go out typically on the Friday that they are dispersed to the Commission or the following Monday. Mr. Costa noted on the last item of the report of calls for service, the restaurant called the police because a gentleman had come in and started acting disorderly after being served a beer. On the first item regarding go -cart noise, a manufacturer came through and was asked to leave the premises. When the police came by, he was gone. Commissioner Fuller then asked if there was an agreement with the auto dealer next door for off -site parking and was told yes, it is a contractural, verbal agreement. There is nothing in writing and it is cancellable without prior notice. There is also no long standing contractwith the Paviliion's. Mr. Costa noted that all his cooks park on site or they go over to the Maritime • parking lot. There is no shortage of parking. Ms. Temple noted that a report was mailed to the Speedway Restaurant. Commissioner Gifford clarified the following: • the number of parking spaces provided by the auto dealer next door is 50. • Condition No. 3 - having a full menu available was addressed. Monday through Thursday the restaurant closes at 11 because there is no business and the kitchen is always opened until last call. • Condition No. 17 - all employees parking on site - the cooks park in a certain area, and all the other employees park on site unless there is an event and then they go down to the Maritime Museum or next door and park. • Condition No. 27 - regarding the storage - the restaurant had a storage bin, but did not know that was prohibited until a month and a half ago and at that time it was removed. • Referencing Conditions 7 and 18, there is compliance and asked about the special event permits. Staff answered that the limitation of six is for events in the parking lot, all of the permits listed were for events within the facility, which are unlimited. Chairperson Selich asked the applicant if the facilitywas totally valet parked, to which he was answered yes, there is no self - parking for customers. Valet parking is for the service of the customers and the ambiance of a full first class restaurant. INDEX • City of Newport Beach Planning Commission Minutes December 10, 1998 Mr. Costa noted that they have been a good neighbor within the community and have lived up to everything they said they would and have developed a family restaurant. However, he does not feel they have gotten the some treatment as all the other restaurants have gotten in terms of what they can or can't do. All we ask for, is fairness in terms of giving us what other people can have. We pay $10,000 a month in sales tax and if the restaurant is not allowed to function in a way to capitalize on what little business we have until we get bigger, then we will have to close the restaurant. Commissioner Gifford then asked for specifics of conditions that he does not have and was answered: It was my interpretation that if we went a year and did not have any complaints, that the Commission would look at our record and decide if we could have live music. We have had it on special events. Mama Gina's got music after one year. Commissioner Gifford stated that the music is not something that the Commission has studied to which Mr. Costa said he had been advised to withdraw the live music from his application. • Dave Brennan, 420 Harbor Island Drive spoke to the Commission and noted the following: • Adequate documentation of complaints as reported by staff, show that various neighbors have written about parking, trash and noise problems. • These problems usually happen during the summer months, when the neighbors have theirwindows open. • This situation will only get worst as the owner promotes his business. • This is a mixed -use neighborhood. • A letter from a local restaurant that is included in the staff report complains of similar problems noted above. • More research needs to be done on the applicant's part. He concluded, asking that the Commission impose alternative 2 on Condition to close at an earliertime. Chairperson Selich asked how is it known that these problems result from this restaurant to which he was answered that the other restaurants in the area close at 11:00 p.m. and most of the activity noted occurs between midnight and 2 a.m. Mr. Brennan noted that he has observed employees (wearing uniforms) parking off site in the loop of the cul de sac at Harbor Isle Drive and /or parking by the trailer park and then walking across the street to the facility. • Marjorie Austin, 401 Bayside Drive clarified that live entertainment was not an INDEX . City of Newport Beach Planning Commission Minutes December 10, 1998 issue this evening. She noted the stereo system that is in place in the restaurant and stated that live entertainment would probably be okay. She noted her objections of parking for similar previously stated reasons. Mildred Litke, 427 Harbor Island Drive spoke in objection to the parking of the employees and noted similar parking problem observations as previously stated. She then presented a copy of signed petitions against extended hours. The petitions represent signatures of residents from: • Bayside Village • Promontory Point • Promontory Bay • Linda Isle • Harbor Island Drive Additionally, she noted there is a danger when the clients leave the restaurant in various states of inebriation and running across the streets to their parked cars. Concluding, she thanked the staff and the Commission for their work on this issue. Commissioner Gifford noted that the Commission is aware of the history on this • site and clarified with Mrs. Litke that her primary issue is the parking Chairperson Selich asked when there is a special event if a parking plan submitted to which he was answered yes and that it shows how parking accommodated for employees and patrons. A member of Mr. Edmonston staff then reviews the plan. At Commissioner inquiry, Mr. Edmonston explained that the trailers that bring the show cars in probably have not been considered in the past. However, Mr. Costa answered that a company dropping the cars off does this service and then the trucks go back to their holding lots and return after the show to pick up the show cars. Mr. Costa stated that if he were asked to close his businesses at 12 p.m., then he would not be able to accommodate the 20% additional business that occurs when the other two Speedways close at 11 p.m. There is a full menu available until 1 a.m. when the restaurant is closed. If we have to survive without live music, we will survive. If you take away our time that we can service customers, then we won't be able to survive. At Commission inquiry, staff noted that if a public street is posted available for parking, then the public has the right to park there. The patrons can park anywhere they want to as long as there is public parking. • Captain Tim Newman, of the Police Department stated that there have been INDEX • City of Newport Beach Planning Commission Minutes December 10, 1998 minimum calls to the site and that the three calls noted on the activity sheet were considered minor. Public comment was closed. Commissioner Ashley noted his concern that even with valet parking at no charge, the presumption has been by the members of the audience, that patrons have been seeking to circumvent parking at the site. I can see how the residents would object to the parking in the cul -de -sac leading to their residential area, but it is not prohibited. Continuing, he noted the following: • There is a condition of approval that requires all employees shall park on site. • A mixed use has been in this area since the 1950's, with a history of restaurant activity. • Feels badly for the present restrounteurwho has admitted that times are really not that good for him. • If the hours of operation cease at midnight all seven nights of the week as proposed by staff then the Planning Commission would be creating a problem for the restourantto continue. • The applicant appears to be in conformance with the conditions that the • Commission has imposed. • The applicant has spoken to each of the points made and the police report indicates that this is not a nuisance use which releases our responsibility to determine to what extent any use becomes detrimental to the community. Commissioner Fuller asked to go through the conditions and noted: Condition 3 - Alternative 1 to direct the applicant to provide food service at all times. Condition 5 - With this type of operation would support 6:00 a.m. to 2:00 a.m. closing Thursday through Saturday, holidays and evening preceding a holiday. Condition 17 - That all employees shall park on -site. They will be informed this must be done. Condition 27 - Already complies that storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. Condition 7 - Would like to see some sort of contractual agreement whereby the Planning Commission would know where the employees would park on the special events. Condition 18 - The valet system that is there now, is adequate and would not enforce a no charge valet parking. Chairperson Selich noted his agreement with the previous statement with the exception of Condition 18. Where the parking has the potential to affect • adjacent residential areas, having a paid valet service does inhibit some INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 people from parking on site. Therefore, part of the parking area should be optional self - parkingor else have totally free valet parking. Commissioner Ashley inquired if a sign could be posted at the entrance where it would be made clear to patrons that the parking on site is free. Ms. Clauson noted that the Planning Commission has the right to tell an applicant to charge or not to charge for parking if it is related to the impacts of the project, i.e., parking availabilityfor the project. Discussion ensued regarding charging for parking, certain spaces designated employee parking only, written agreement for parking and signage. Motion was made by Commissioner Gifford that upon review, the Planning Commission found compliancewith: • Condition No. 3 -That food service from the full lunch /dinnermenu shall be available atoll times the facility is open. • Condition No. 27 - That storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. • Condition No. 7 - That special event permits for activities located outside of the building, within the parking lot, shall be limited to no more than 6 events per calendar year and shall be subject to the approval of a special event permit issued by the Revenue Division and approved by the Police Department. Public address systems or sound amplifying equipment outside of the building may be used only in conjunction with a special event, and shall be operated in accordance with the provisions of the Community Noise Control Ordinance (Chapter 10.26 of the Municipal Code.). • Condition No. 18 - That a valet parking plan shall be submitted to the City Traffic Engineer for review and approval, prior to the implementation of the valet parking service. The following shall be modified: • Condition No. 17 - That all employees shall park on -site. The applicantshall be required to provide for 10 employee parking spaces on site. Commissioner Ashley supported the motion with the exception that the parking on the premises shall be free which would contribute to the relief of nuisance complaints. Chairperson Selich concurred with Commissioner Ashley as did Commissioner Fuller who also clarified that Condition 7 would not include any language change as the special event permit process includes a parking plan and if the plan does not appear to provide for adequate parking, then it would be `TlIPI City of Newport Beach • Planning Commission Minutes December 10, 1998 Commissioner Gifford then amended her motion that the valet parking will be providedatno cost to the customer. Ayes: Fuller, Ashley, Selich, Gifford, Noes: None Absent: None Abstain: Kranzley SUBJECT: Amadeus Spa (Joseph T. Wong, applicant) 978 Avocado Avenue (Corona del Mar Plaza) • Use Permit No. 3643 Request to permit the establishment of an independent massage use as an accessory use in conjunctionwith the establishmentof a full- service beauty and skin care personal service salon. Also included is a request for a waiver of location restrictions, since the location of the project is within 500 feet of the Newport Beach Central Library. • Public Comment was opened. Mr. Joseph Wong, President of Amadeus Spa, 978 Avocado Avenue stated that this facility is a day spa that focuses on relaxation, stress relief, wellness and alternative wellness therapy, specialized facials, hair and nail care with a retail and makeup area. His first location in Pasadena was opened in 1987 and he has had eleven years of experience. The day spa offers an opportunity for customers to escape for a few hours during the day or on the weekend. At Commission inquiry, he stated he has reviewed and concurs with the findings and conditions of approval. He asserted that the location of the spa would not have a negative impact on the Newport Beach Central Library. Public Commentwas closed. Motion was made by Commissioner Fuller to approve Use Permit No. 3643 with the attached findings and conditions in Exhibit A with the request for a waiver of location restrictions, since the location of the project is within 500 feet of the Newport Beach Central Library. Commissioner Gifford clarified that this use permit is only a permit to have a massage use as an accessory in conjunction with a full service beauty salon. Staff noted that this is the intent of Condition 4 which limits the massage use to 87o of the total establishment and also covered by substantial conformance • with the plans which show all the related uses within the facility. INDEX Item No. 2 UP No. 3643 Approved City of Newport Beach • Planning Commission Minutes December 10, 1998 After further discussion, Ms. Temple noted that an additional finding reiterating as a condition, that finding that the use is accessory to a salon would be an appropriate condition. Commissioner Fuller agreed to add this to his motion. The following language was agreed upon: Condition 7 That the massage establishment will remain part of a larger, full- service beauty and skin care personal service salon. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Exhibit A Findings and Conditions of Approval for Use Permit No. 3643 Findings: 1. The proposed development is consistentwith the General Plan since an independent massage establishment is a permitted use in the Retail • Service Commercial Land Use designation. 2. The proposed development is consistent with the Zoning Code/ Planned Community Text since an independent massage establishment is a permitted use in the Planned Community Text (Area 5 of Newport Village Planned Community, a.k.a., Corona del Mar Plaza). 3. The 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 (Existing Facilities). 4. Adequate on -site parking is available for the existing and proposed uses. 5. The proposed massage establishment can be granted a waiver to the location requirements for massage establishments as established in Chapter 20.87 of the Municipal Code for the following reasons: The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed because the proposed operation of the massage establishment is an accessory use to a state licensed cosmetology establishment, and is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. • INDEX City of Newport Beach Planning Commission Minutes December 10, 1998 • The proposed use will not enlarge or encourage the deg of an urban blight area since it is in a new development. • The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal since there are none in effect in the area. • The use at the proposed location will not adversely affect the use of a place used exclusively for religious worship, school, park, or playground due to its location in a shopping area. • The proposed use is not within 500 feet of another massage establishment and, therefore, will not create a concentration of massage uses in the neighborhood. • All applicable regulations of the Municipal Code will be observed. • The massage establishment is part of a larger, personal service salon, which is a use typically found in commercial districts. • 6. The approval of Use Permit No. 3643 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 for the following reasons: • The proposed operation of the massage establishment is an accessory use to a state licensed cosmetology establishment, and is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. • The massage establishment will not create a parking impact. • Signs shall be required to meet city requirements as to sign type, size, or location.as described in 5.50.050(2) of the Newport Beach Massage Ordinance. • The spa will be open from 8:00 a.m. to 9:00 p.m., daily. These hours fall within the hours of operation pennitted under the Massage Ordinance, 5.50.050(10) NBMC. • The property owner provides secure lighting to the outside of the building. Ifv INDEX • City of Newport Beach Planning Commission Minutes December 10, 1998 �J f` J The property owner provides a security service to Corona Del Mar Plaza. Tenants have been telephone numbers and written procedures to security is needed for any reason. Conditions: I tenants within provided with be followed if 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That at least 4.9 parking spaces for each 1,000 sq. ft. of gross floor area shall be provided on site for the proposed facility. 3. That only three licensed massage technicians shall be permitted at any one time and that the addition of any additional massage technicians to the business shall be subject to an amendment to this use permit. 4. That the massage usage shall not occupy more than approximately 817o of the gross square footage of the existing or future tenant space and that any additional square footage dedicated to massage usage beyond approximately8% shall be subject to an amendmentto this use permit. 5. That all applicable requirements of Chapter 5.50 of the Municipal Code shall be fulfilled, including the requirement that three sets of plans be sent to the County Health Care Agency for approval. 6. That the hours of operation shall be limited between 8:00 a.m. and 9:00 p.m. daily. 7. That the massage establishment will remain part of a larger, full - service beauty and skin care personal service salon. Standard City Conditions: That the project shall complywith State Disabled Access requirements. 2. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. 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. INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 SUBJECT: Brabus of North America (Wakins /Baile & Associates, applicant) 4040 Campus Drive • Use Permit 3644 A use permit for a storage and distribution facility and a vehicle repair facility. The facility will involve the sale and distribution of automotive parts and accessories and the customizing of automobile upholstery, equipment and engines. Commissioner Ashley asked staff if any communications were received from other tenants regarding their attitude toward this particular application to which he was answered no. Public commentwas opened. Greg Watkins of Watkins /Baile and Architects representing Brabus spoke in support of the application. He stated that the facility would involve the sale and distribution of automotive parts and accessories. At Commission inquiry, stated he has read and agrees to the conditions and findings contained within the staff report. • Bob McDonald, 724 Harbor Island Drive presented a letter from the Irvine Company stating their standard land use restrictions and that they approve of this use and the request for the conditional use permit tonight. Brabus of North America is an international company and is planning on doing approximately 10 million dollars of wheel sales to outside Mercedes dealers internationally; approximately 2 million dollars of automotive accessories to outside Mercedes dealers throughout the country; approximately 5 million dollars of customized vehicles and another 2 million dollars of retail sales locally. Public Comment was closed. Motion was made by Commissioner Gifford for approval of Use Permit 3644 with the findings and conditions attached in Exhibit A. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None Findinas: 1. The Administrative, Professional, and Financial Commercial land use classification is primarily for areas that are predominantly • office in character, but also accommodate support retail and 12 11.1o7:*4 Item No. 3 UP 3644 Approved City of Newport Beach . Planning Commission Minutes December 10, 1998 service uses. Storage and distribution and vehicle repair are considered support uses and are therefore in conformance with the Land Use Element of the General Plan. 2. The APF District establishes that storage and distribution is permitted with the approval of a use permit. Vehicle repair is permitted as an ancillary use with a use permit. In this case, the storage and distribution facility would be the principal use and the vehicle repair operation would be the ancillary use. 3. 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). 4. The approval of Use Permit No. 3644 to allow a storage and distribution and vehicle repair 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 40 improvements in the neighborhood or the general welfare of the City, for the following reasons: The storage and distribution facility is compatible with the surrounding office uses since such facilities are typically allowed in commercial office districts. The vehicle repair services will be conducted within the building and oriented in such a manner as to minimize potential impacts to adjacent commercial office uses. 5. Pursuant to Section 20.66.030 of the Zoning Code; the Planning Director has determined that the 21 off - street parking spaces to be provided under the recommended parking area design are adequate to meeting the requirements of the proposed storage and distribution facility and ancillary vehicle repair facility. Conditions: • 1. The project shall be maintained in substantial conformance with the 13 City of Newport Beach • Planning Commission Minutes December 10, 1998 plan, floor plan a 2. The approval of this use permit is for a storage and distribution facility and a vehicle repair facility only. Vehicle repair shall remain subordinate and incidental to the storage and distribution facility and shall be limited to the customizing of automobiles associated with the parts and accessories sold on the premises and related maintenance. 3. No vehicle bodywork or painting shall be conducted on the project site 4. No vehicle repair or maintenance shall be conducted outside of the building. 5. Storage outside of the building shall be prohibited, with the exception of the required trash container enclosure. 6. Vehicles shall not be stored outside of the building for more than 7 consecutive days. 7. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the review and approval of the City . Traffic Engineer. Parking spaces in front of the service bays shall be removed and spaces adjacent to the office area shall be striped as parallel parking spaces. The handicapped space shall be re- evaluated and relocated. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current business owner, the property owner or the leasing company. 9. The intersection of the private drive and Campus Drive shall be designed to provide sight distance in conformance with the City's Sight Distance Standard 110 -L for a speed of 45 miles per hour. Auto displays, slopes, landscape, walls, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. 10. The proposed automobile display shall be removed. 11. The front of the building shall be modified so as not to encroach into the 15 -foot front yard setback. 12. A drainage study shall be prepared by the applicant and approved by the Public Works Department showing that the on -site drainage is • conveyed to the public right -of -way. The design shall be reviewed and 14 INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 approved by the Public Works Department. 13. 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. There shall be no construction storage or delivery of materials within the Campus Drive right -of -way. 14. All loading and unloading, including that from automobile transport trucks, shall be done on -site and not in the public right -of -way. 15. A Knox key switch and box shall be provided for gate and building access. Standard Requirements: A. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. • 6. 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. C. All signs shall conform to the provisions of Chapter 20.67 of the Zoning Code. D. Outdoor storage and display of merchandise, materials, vehicles and equipment shall only be permitted with an amendment to this use permit pursuant to Section 20.60.105 of the Zoning Code and shall be designed to provide sight distance in conformance with the City's Sight Distance Standard 110-1. for a speed of 45 miles per hour. E. All improvements shall be constructed as required by Ordinance and the Public Works Department. 0 15 INDEX • City of Newport Beach Planning Commission Minutes December 10, 1998 SUBJECT: HEV- Newport Beach, LTD. and Lennar Partners (applicants) 1301 Quail Street and 1001 Quail Street A request to permit the construction of an extended stay hotel and an office building. The project involves the approval of: • a General Plan Amendment and PC Amendment. The General Plan Amendment is required to permit the development of the extended stay hotel and the office building. The PC Amendment involves modifications to the PC text development standards to accommodate the construction of the proposed buildings. The PC text modifications to the development standards include, but are not limited to: • increasing the square footage entitlement in Block I of Newport Place Planned Community, • changing the land use designation at 1301 Quail Street from Industrial to Hotel, • changing the land use designation at 1001 Quail Street from Auto Center to Professional and Business Office, • establishing a 50 foot height limit for the hotel site, • establishing a 95 foot height limit for the office site, • establishing new street -side front yard, and side yard setback requirements, • a Use Permit for the establishmentof an extended stay hotel, • a Lot Line Adjustment to combine two adjacent parcels, and • a Traffic Study. r1 lJ Marc Myers noted that since the delivery of the packets to the Commissioners, staff has received two letters regarding the proposed project for the meeting. Staff is requesting a continuance to January 7, 1999 to study the questions raised in the letters and time to prepare comments. Additionally, a question has arisen regarding the adequacy of the noticing for the project. The records have been reviewed and it has been found that all parties were notified in a timely manner. Because of that, staff feels that the public hearing for the project can be opened for testimony. Additionally, on page 17 of the staff report Condition No. 2 should read as follows: The project shall provide 281 parking spaces on site. Staff clarified for the Commission that the two letters were from the some party. One that was received late that same afternoon and the first one that was faxed to the Commission earlier in the week. T 1T Item No. 4 GPA 98 -1 (B) Negative Declaration A 877 M. 4731 TS 117 Continued to 1/7/1999 City of Newport Beach • Planning Commission Minutes December 10, 1998 er Fuller requested and received information on: • lot line adjustments - the lot line adjustment will take place between where the proposed office building is to be located and the lot that is directly adjacent to it which has a parking structure on it Public comment was opened. Coralee Newman, Principal with Government Solutions, 120 Newport Center Drive - representing both applicants in this case spoke to the Commission. She introduced Mr. Bill Smith, Vice President of Lennar Partners and his architect, Mr. Paul Komets from HLK who will give a brief overview of the office proposal. Representing the Holtze Executive Village is Mr. Jan Holtze and his architect, Mr. Jon Van Tilburg who will give a brief overview of the hotel proposal. This dual project proposal is for property previously utilized as an auto dealership (Fletcher Jones Mercedes). These land uses are appropriate for the area and will be complimentaryto the existing land uses. Presenting a graphic for orientation, Ms. Newman pointed out the streets and indicated where the proposed office development on the corner of Dove and Quail and the proposed hotel proposal on the corner of Spruce and Quail. She • noted that the hotel proposal has a small street frontage on Bristol. There is an existing office development between the two proposal sites. This area is part of the Newport Place Planned Community zoning and has a variety of land uses including retail uses, hotels, and industrial, commercial office buildings that range in height from two to nine stories. Mr. Bill Smith of Lennar Partners noted the following: • Lennar Partners is a publicly traded real estate company. • Assets of over 500 million dollars. • This project is the first opportunity for office development in Orange County for Lennar Partners. • Orange County is highly desirable for office type tenants. Mr. Paul of HROK Architectures referencing the exhibits on the wall noted the following: • Proposal is fora five -story office building. • There is an existing parking structure on site and that will be upgraded to enhance the circulation from the building. • There is enough room on this site to create two pedestrian areas. • Frontage has two points of access, one off Dove and one off Quail. • Services will be in the back in an enclosure. • Burms are proposed along Quail to help buffer the traffic noise in the pedestrian plazas. • Mr. Jan Holtze, owner of Holtze Corporation and Holtze Executive Village Hotel 17 INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 Concept noted the following: • Not the standard hotel. • Rooms that are offered are much larger and are offered as a two bedroom, two bathroom suite that is fully furnished. • Rentals are from one night to a year. • Suites are also leased as two separate rooms. • The two bedroom suites are called as two keys or two beds or two rooms. • This proposed project is a 304 key hotel, which is approximately 152 two - bedroom suites. • There is a mix of three bedroom suites, which allows for flexibility. The corporation has three properties in Denver with a total of 700 rooms that have historically operated at or above 90% occupancy. Mr. John Van Tillberg, architect, referencing exhibits, noted the following for the hotel: • Center clubhouse, seating area and receiving rooms. • The clubhouse is two stories high located behind the motor court and sits back from the street with an arched entrance and a meeting room on the top. • Design is Mediterranean style with tiled roof. • The site plan shows a motor court entrance off Quail with the clubhouse in • the front. • Parking for the hotel will be 281 cars that will be under the building. • Discussed the landscaping plans. • Food service is limited to continental breakfasts in the morning. • Elevation of the building is divided into three parts. This is a four story building with an open circulation and central corridor area which opens to court yards with a single group of rooms. • There is a series of penthouses with rooms that provide flexibility for their uses. • One or two presidential suites in the hotel. At Commission inquiry, it was clarified that there are windows on all four sides of the existing office building. Referencing the exhibits, the views from the existing office building were explained. Discussion continued on: • Numberof keys (304) depending on the nightly demand. • Number of cars to be parked for the office building. (375 parking spaces in current parking structure, which will stay, plus 105 surface parking spaces). • The hotel requires one space for every two beds, and is parked nearly one to one. (281 spaces provided) • No restauranton site. • Service building in rear will house laundry and maintenance facilities. • Average setback is 35 feet on the front and side. • • Number of employeeswill be around 60 at peak times. 18 INDEX City of Newport Beach Planning Commission Minutes December 10, 1998 • Typically, the housekeeping staff will be provided van service or take mass transit to the site. • Van service will be available for transportation purposes of guests. • The floor area is 195,000 square feet; the land area is 160,000 square feet, which represents 1,2 Floor Area Ratio. Mr. Frank Battaile, 92 Augustino, Irvine attorney representing Quail Business Center which is the building in the middle of the proposed project. He asked if public comment would be closed tonight and was answered no. He stated that people received notice that the meeting was going to be tonight rather than previously noticed for December 14th. Continuing, he noted the following concerns of the proposed project: • Description of the project ignores the existence of the two -story Quail Business Center. • No shadow analysis has been done. • The existing surrounding buildings are all one or two story buildings; therefore, this project is not compatible with the surrounding land uses. • The traffic study was done and the credit given to Holtze based on a car dealership that ceased over a year ago. CEQA requires that existing conditions have are to be addressed. • Two vacant lots exist now. • • The total traffic count was reduced by almost 507 because of pre- existing uses. • The intersection at Campus and Bristol that the level of service to the level that mitigation will be required. • Orange County Transit Authority plans a ramp connection between 73 and 55 which has been accepted as a mitigation measure. • The ramp may or may not become a reality. • There is no reason to conclude or assume there will be traffic interaction between the proposed business office and the proposed hotel. • There are sign ificantchanges to the General Plan and the land use. • An EIR is required if so many changes are going to be made to the zoning. • Planned Community Development Standards changes are site specific and Will only affect these two pieces of property and therefore are not amendments to the Zoning Ordinance, they constitute variances. • The applicant wants a variance for height and setback; however, there is nothing wrong with these lots. • If the mitigation measures attached to the staff report are not the same mitigation measures that were in the circulated mitigated negative declaration, they have been changed and that is not allowed under CEQA. Any change would require a re- circulation of the negative declaration. • Mitigation measures call for future studies on water and sewage usage. E 19 INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 the understanding of the building he is talking about is a condominium building with a diverse ownership six owners individuals or entity represented by Mr. Battaile - Quail Business Center which is an association of the owners surrounding neighborhood has a multi -story building at the corner of Quail and Westerly Place - representation of the surrounding area is not specific CommissionerAshley noted his concern of a potential "domino" theory that the proposed project could create. The Quail Business Center could intensify its use, which in turn could potentially cause a more intense traffic use in the area. Mr. Victor Mahoney, 1105 Quail Street clarified that Mr. Battaile represents the Quail Business Owners Association that is comprised of six individual condo units that were built in 1983. Mr. Battaile also represents the Crown building at 1451 Quail Street that was built in 1973. Continuing, he noted the following: • Public notice was received on December 7}h. • Traffic - entrance of garage parking structure will be problematic. • Value of property will go down. • The side of the proposed five -story hotel is 10 feet from the property line. • Views from the front of the building are into the parking lot and landscaped areas. The back of the building is set back to the wall with a short setback. • He knew there would be changes in the future to the adjacent buildings. Staff noted that the height limit without any amendment to the PC for the hotel site is 35 feet, but the Commission may increase that height based on conventional findings to exceed the basic height limits. There is no secondary height limit specified within the PC, and it could be 375 feet. There are height limits related to the immediate airport area. The area specified within the middle of the PC has a height limit of 8 to 10 stories. Commissioner Gifford ascertained from the speaker that Mr. Holtze made presentations to the Board of the hotel project. At that time, the concerns of traffic and shadowing were discussed. Ms. Temple stated that the noticing procedure for 1301 and 1001 Quail was: • October 29th - the mandatory public notice of a mitigated negative declaration was circulated, which was posted in the Daily Pilot, posted in the County Clerk's office and notifications were mailed to properties within a 300 foot radius of the subject property. Notice was also mailed to 22 additional interested /affected parties. • In checking the mailing lists, all six of the condominium owners were mailed a notice. • • Public Notice of hearing was mailed to all property owners within a 300 -foot 20 .1 11U City of Newport Beach . Planning Commission Minutes December 10, 1998 radius of the subject properties on November 25th. Posting was done at two places on each property and there is an affidavit of posing on file. Public Hearing Notice /Planning Commission hearing agenda was published in the Daily Pilot Newspaper. December a second clarifying notice was sent which indicated that this was the Planning Commission hearing on the date of December l Orh. Chairperson Selich asked Mr. Mahoney when he originally talked to Mr. Holtze and Lennar Partners about this project and was told about 45 days ago. They had become aware of the project when the demolition procedures had started. Cheryl Nichols, 1107 Quail (new owner) a CPA in the front lower suite of Quail Business Center, noted the following: • Never received a notice. • Specific measures were to be followed regarding dust control while the project is under construction - had to file a complaint, as they did not comply. • Concerned with safety at night with the transient population going in and out of the hotel. • Lighting • We do not charge for parking, which may be impacted if the future additional parking is charged. Kimberly Wallison, 1000 Bristol Street North - owner of the retail shopping center located on Bristol. The shopping center has been there for 20 years. She supports this project, as it will have a positive impact. Both the project owners have been to their office and have shared their plans. Continuing, she stated that they have been properly notified of the meetings and notified of the project schedule. It will increase the value on the shopping center and compliment its services. Coralee Newman stated the following: • Agree to the continuance to January 7, 1999. • Presented a photo survey taken that day and disagreed about the characterizationsof the area made. (she pointed out the various high rise buildings that are in the general vicinity and demonstrated the existing conditions) • Presented a copy of a letter dated September 23, 1998 from Lennar Partners to Mr. Jim Janulius at the Quail Business Center explaining the upcoming project. Both Mr. Lennar and Mr. Holtze have made every attempt to talk to the neighbors about this project in a timely manner. Commission asked that the following issues be included for deliberation at the next Planning Commission meeting: • 1. Parking for day and night use -to be provided by the applicant. 21 INDEX City of Newport Beach • Planning Commission Minutes December 10, 1998 2. Shadow analysis- to be provided by staff. 3. Plot Quail Business Center office building -to be provided by the applicant. Public Comment was left open. Ms. Temple stated that in regards to Ms. Nichols notification, the official list received as part of the completed application was dated April 1998. Based on a review of the assessor's records, it does indicate that the Nichols acquired the property in June of 1998, which was subsequent to the submittal of the list. Staff will add this new property owner to our list for future notifications. Mr. Edmonston clarified the following: 20% credit is applied within the traffic phasing analysis that includes existing traffic to projects that have been approved in the city that are not yet fully occupied. There is no further reduction in terms of the new traffic from the project. The net impact of the hotel is less than the 304 keys because of the typical mix they have found at their other projects in Colorado. • The connector at the 73/55 interchange, it is a fully funded project, it is nearly completed in design, the right -of -way acquisition is underway, the City is a financial contributor to the project and has been a budgeted item • for a number of years. It is expected to take traffic off of Bristol Street couplet and put them right on the highway. A 15% shift would be needed which will bring it to Level Service D. The City of Costa Mesa is taking the lead on this project and construction is expected in two years. Motion was made by Commissioner Gifford to continue this item to January 7, 1999. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None r *+ SUBJECT: Street names for the Bonita Canyon Apartment Homes Area (Final Tract No. 15584) Adopt Resolution approving the new street names "Campanile ", "Loggia ", "Residencia ", "Rivoli' and 'bilaggio' for the Bonita Canyon Apartment Homes Area. Public comment was opened and closed. Motion was made by Commissioner Kranzley to adopt Resolution No. 1487 • approving the street names for Bonita Canyon Apartment Homes. 22 INDEX Item No. 5 FTM No. 15584 Approved City of Newport Beach • Planning Commission Minutes December 10, 1998 Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None SUBJECT: Planning Commission Resolutions, Adopt Resolutions No. 1484, 1485 and 1486, in appreciation of departing Planning Commissioners. Motion was made by Commissioner Ashley to adopt Resolution No. 1484, 1485 and 1486 to recognize previous Commissioners Adams, Ridgeway and Thomson. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None • Abstain: None ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council meeting on November 23rd, the re- districting for the Newport Shores Clubhouse was approved on first reading; and a committee to review candidates for the Planning Commission was appointed consisting of Councilmembers O'Neil, Thomson and Debay. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that the EDC will be reviewing the Traffic Phasing Ordinance recommendations of the Council appointed sub - committee. The EDC is also working on a presentation of their goals and objectives for next year. C.) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - none. d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. • 23 INDEX Item No. 6 PC Resolutions Approved Additional Business City of Newport Beach • Planning Commission Minutes December 10, 1998 g.) Requests for excused absences -none. .x: ADJOURNMENT: .9:55 p.m. RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION r1 U • 24 INDEX Adjournment