HomeMy WebLinkAboutExhibit 5City of Newport Beach
Planning Commission Minutes
April 9, 1998
except as noted in the following conditions.
2.. \That the guard rail on the roof -top deck be a minimum of 36
3. T h a landscape screen or planting shall be provided between
the p y1h se structures and the side and rear property lines to
adequ Ely screen the playhouse from view of the adjoining
propertie The landscape screening shall be installed within 60
days of the ate of this approval or in the event that a swimming
pool permit iNssued during that time, within 30 days of the final
inspection of th swimming pool, unless otherwise approved by the
Planning Director: he landscape plan shall be approved by the
Planning Director p ' r to issuance of the building permit or use of
the playhouse struct es; or final of the swimming pool permit.
The landscape planteN reas (trees) which provide the required
screening, shall be maint6kned and kept in healthy condition at all
times that the playhouse structures are present on the property.
That this approval shall expire?ynless exercised within 24 months
from the date of approval as spit�'° ified in Section 20.93.055 of the
Newport Beach Municipal Code. ,
5. That a landscape and irrigation plan for,the site shall be submitted
to the Building Department in conjunction with plans for
construction of the project and shall be 6pproved by the Public
Works and Planning Departments. That prior to issuance of the
certificate of occupancy or final of building pmits the applicant
shall schedule an inspection by the Code Enforcement Division to
confirm installation of the landscaping specified by this condition
of approval
6. The landscape planter areas shall be regularly maintained free of
weeds and debris. All vegetation shall be regularly trimn erd and
kept in healthy condition at all times.
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SUBJECT: West Marine (James Sontaniello, applicant)
900 West Coast Highway
• Use Permit No. 3628
Request for a waiver and /or modification to the parking requirement for
a commercial center based on a demonstrated formula (parking
survey).
Ms. Temple noted that after the publication of the staff report, the
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Item No. 4
Use Permit No. 3628
Approved
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City of Newport Beach
Planning Commission Minutes
April 9, 1998
applicant's contractor contacted staff regarding some of the issues
raised regarding compliance with the approved plans. Noting for the
record, the contractor recognizes and understands these deficiencies
and intends to address them immediately. The fifth item, installation of
the required catch basin is a building plan issue. The Building Director
has indicated that either it is to be installed as is on the approved plans,
or, to revise the plans. The applicant has elected the second option.
Continuing, this is the first project the Commission has considered
pursuant to the new provisions of the zoning code adopted last year
which allows the Commission to consider a modification of off - street
parking requirements on the basis of the particular characteristics of the
project.
Commissioner Adams asked Mr. Edmonston if he was satisfied with the
thoroughness of the parking study.
Mr. Edmonston answered, yes. Continuing, he noted that he has spot
checked the site and the study accurately represents typical use. There
are some limited times when the parking lot is full. He has not observed
cars having trouble with ingress and egress onto Coast Highway.
Commissioner Fuller asked about condition two, splitting the space. The
applicant will need to come back for an amendment to this Use Permit.
He speculated the repercussions if West Marine vacates the use, and a
more parking intensive use comes in and uses the whole space.
Chairperson Kranzley, passed out a suggested additional condition
which was drafted after his discussion with staff that addresses this some
concern. The condition reads, "A change in the mode or character of
the retail uses on -site which will result in additional parking demand shall
require an amendment to this Use Permit." This condition is to address
the similar concern, if a use such as a video store, as there is really
nothing in the Code the specifically addresses the more intense uses.
Commissioner Adams noted the adjoining businesses are currently
closed on Saturdays, and is concerned about changing the character
of the West Marine use and with the change of the adjoining small
buildings.
Ms. Temple stated that the West Marine property involved includes West
Marine, Galeo's and Ralph Bolt's. The condition noted above includes all
the retail spaces. There is an issue with the property to the west which
looks like a continuance of the shopping center and there are a number
of vacancies there. To facilitate the construction, staff allowed an
informal arrangement of a combination of on -site and off -site parking
(on the Marrakesh property).
Mr. Edmonston proposed a change to condition no. 3, bullet 4. ....:The
applicant shall apply for all necessary permits from applicable state
Agencies (Caltrans) and the City Traffic Engineer for the removal of the
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City of Newport Beach
Planning Commission Minutes
April 9, 1998 INDEX
abandoned driveways and reconstruction of improperly constructed
driveway along West Coast Highway........
Ms. Temple noted that based on the findings of the parking study, the
peak use surveyed was four spaces over the 34 on -site spaces. As an
alternative for Commission consideration, the possibility to require an off -
site parking arrangement for four spaces to be used by employees of
the project in order to offset those peak overages has been suggested.
Chairperson Kranzley suggested that condition no. 3, bullet 2 be
amended to include, "...and parking lot shall remain clear of obstructions
at all times."
Public comment was opened.
James Santaniello, contractor noted:
• ten year lease with an option of ten more
• study was based on parking throughout the whole weekend
• re- landscaping will be done in the front of the building
driveway and lot will be re- striped
• asked for 60 to 90 days for implementation to coincide with the
demolition permit for Marrakesh
Commissioner Adams asked the contractor why the list of items has not
been done for so long?
Mr. Santaniello answered that the original request was for completion by
January of 1998. The combination of weather and time line by CalTrons
delayed the process. At Commission inquiry, he noted that he does not
know how many employees are working on the weekend. He then
stated that having an off -site parking would not be an option as they
are in the process of demolishing the Marrakesh building. He stated that
it was the City's recommendation to remove some of the parking spaces
to accommodate additional landscaping and there is an option of
tandem parking for employees which does not conflict with the
landscaping.
Commissioner Adams noted that there is a serious problem with parking
on this site and something has to be done about it. Without having an
approval for additional space he stated he was not comfortable with
approving this item.
Mr. Edmonston stated that there is room to accomplish the tandem
parking in the parking lot.
Discussion ensued on the new retail automobile service structure,
tandem parking spaces, and the loss of four parking spaces and
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Planning Commission Minutes
April 9, 1998 INDEX
landscape in the event Coast Highway is expanded
Public Comment was closed.
Commissioner Adams recognized the efforts made to keep West Marine
at this location. He expressed his concern about making the finding and
hearing that the applicant is not willing to work for an agreement for
employee parking spaces. There is a problem now, the parking lot is full.
If cars are parked along the sidewalk area, it will look very unattractive.
Chairperson Kranzley noting the concern, stated that condition no. 6,
"that the Planning Commission may add or modify conditions of
approval to this use permit or recommend to the City Council the
revocation of this use permit, upon a determination that the
operation..........:', plus the additional condition gives a level of
confidence that if problems arise, this item can be called back for
changes.
Commissioner Gifford noted that it is up to the applicant either tonight or
sometime in the future to provide off site parking, it does not have to be
at the site of the Marrakesh. He will simply have to find it or not be in
compliance. It's the applicant's risk, as long as we are not posing
problems along the highway nor a dangerous condition in the parking
lot, it is the businesses' choice. As four spaces can be provided through
the tandem parking arrangement and the conditions are not unsafe
and not causing problems along the highway, made the Motion,
supporting the application, with the various conditions noted and the
bullet changes. It is the applicant's burden if the Commission requires off
site parking spaces to find them where he can.
With one abstaining (Adams), one absent and by show of hands, MOTION
PASSED.
Findinas:
That the Land Use Element of the General Plan designates the site
for "Retail and Service Commercial" uses. The retail stores which
exist on -site are permitted uses within this designation.
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 the parking demand survey for the shopping center
performed by the applicant established that the overall parking
demand of the uses on -site can be accommodated by the
available on -site parking. The survey was reviewed and accepted
by the City Traffic Engineer. Additionally, the characteristics of the
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shopping center are not anticipated to change in the near future
and staff has determined that the assumptions made in that report
are valid with regard to the subject proposal based on the existing
project anchor tenant and other retail uses on -site.
4. That the approval of Use Permit No. 3628 to modify the parking
requirement 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. The modification
of the parking requirement is justified because the parking
demand is anticipated (as supported by the parking survey) to be
less than that required by Section 20.66.030 of the Newport Beach
Municipal Code since the project design (largely a single tenant)
in association with the characteristics of the business (display and
storage of large items) does not generate a need for the full
complement of required parking.
Conditions:
That development shall be in substantial conformance with the
approved site plan except as noted below.
2. That any proposal to split the existing West Marine tenant space
(12,005 sq.ft.) into two or more occupancies shall require an
amendment to this Use Permit.
3. That the following site changes shall be implemented in
accordance with the specified time frames:
• The applicant shall immediately remove obstructions to the
loading area of the handicap parking space.
• The applicant shall immediately remove obstructions (signs,
umbrellas, potted plants) in the parking lot aisle and the
parking lot shall remain clear of obstructions at all times.
• The parking lot shall be striped in accordance with the
approved plan within;' 90 days of the effective date of this Use
Permit approval. Revisions to the parking lot striping plan shall
be submitted for review of vehicular circulation and pedestrian
circulation, by the City Traffic Engineer and the Public Works
Department. Said striping or revised plan shall address
elements related to handicap accessibility requirements, sight
distance requirements and landscaping along Coast Highway.
Changes shall be implemented within 7 90 days of the date of
approval of the revised plan. The plan shall incorporate the
maximum feasible number of tandem parking spaces as
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Planning Commission Minutes
April 9, 1998 INDEX
approved by the City Traffic Engineer.
The applicant shall apply for all necessary permits from
applicable State Agencies (Caltrans) and the City Traffic
Engineer for the removal of the abandoned driveways and
reconstruction of improperly constructed driveway along West
Coast Highway. The permit application submittal and the
removal /replacement work shall be completed within 4.4 90
days of the effective date of this Use Permit approval.
The landscape installation shall be completed in accordance
with the approved landscape plan within a 4 90 days of the
effective date of this Use Permit approval. The applicant shall
schedule an inspection within 5 days of completion by the
Code Enforcement Division to confirm installation of the
landscaping specified by this condition of approval. The
landscape planter areas shall be regularly maintained free of
weeds and debris. All vegetation shall be regularly trimmed
and kept in healthy condition at all times. Any revisions to the
landscape and irrigation plan for the site shall be submitted to
the Building Department in conjunction with a revised site plan
for the existing project. Said submittal shall be made within 7
days of the effective date of this Use Permit approval. The
revised landscape and irrigation plan shall be reviewed by the
City Traffic Engineer, Public Works Department and the
Planning Department. Changes shall be completed within 7
days of the approval of revised plans.
The required catch basin shall be installed in accordance with
the approved plans within 14 days of the effective date of this
Use Permit approval or, the plans shall be revised.
4. That the project shall comply with State Disabled Access
requirements.
5. That all patrons and vendors making deliveries shall be required to
park within the on -site parking lot of the subject property and not
along the public right -of -wayon West Coast Highway.
6. 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.
7. 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.
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Planning Commission Minutes
April 9, 1998
8. That a change in the mode or character of the retail uses on -site
which will result in additional parking demand shall require an
amendment to this Use Permit.
Bay Shores Inn (Bill Pratt, applicant)
1800 and 1806 West Balboa Boulevard
• General Plan Amendment No. 98 -1 (A)
• Local Coastal Program Amendment No. 50
• AmendmentNo.871
• Use Permit No. 3629
The applica n consists of amendments to the Land Use Element of the
General Plan the Local Coastal Program Land Use Plan to
redesignate the bject properties from Two Family Residential to Retail
and Service Co ercial; zoning amendment reclassify the subject
property from the T o Family Residential (R -2) District to the Retail and
Service Commercial C) District and place the property into the 26/35
Height Limitation Zone; nd a use permit for the existing 21 -room motel
and to convert an exists two family residential structure located at
1806 West Balboa Boulevo into 5 new motel rooms. This application
includes a request to mo the rear setback yard to allow the
encroachment of minor struc res and a request to modify off - street
parking requirements.
Senior Planner, Patrick Alford prese d the staff report with the following
changes and highlights:
• on pages 3 and 7, the number o \districtnd arking spaces provided
is 16, not 17 and the number of arking deficit is 10, not
9.
• on page 7, the 70-75% deals witncy, not vacancy rate
• the establishment of a commuse designation of
property, and
• implementing commercial zorict nd the height
limitation district
• encroachment into t he rear yak, the a ration of the
duplex respecting commerciks as c pared to
residential setbacks
• waiver of off - street parking
INDEX
Item No. 5
GPA 98 -1 (A)
A No. 871
LCP No. 50
Use Permit No. 3629
Approved
• the Marina Mobile Home park use and speculation on future<land
uses
• concerns of compatibility with adjoining land uses -will be stag
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