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HomeMy WebLinkAboutPC MinutesCITY OF NEWPORT BEACH • Planning Commission Minutes May 23, 2002 Regular Meeting - 6:30 p.m. Commissioners McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley and Selich - Chairperson Tucker and Commissioner Kranzley were excused. STAFF PRESENT: Patricia Temple, Planning Director Robin Clauson, Assistant City Attorney Rich Edmonston, Transportation /Development Services Manager James Campbell, Senior Planner Todd Weber, Associate Planner Ginger Varin, Planning Commission Secretary Minutes: 0 Motion was made by Commissioner McDaniel to approve the minutes of May 9, 2002 as amended. Ayes: McDaniel, Kiser, Agajanian, Gifford, Selich Noes: None Excused:, Tucker, Kranzley Public Comments: Posting of the Agenda: The Planning Commission agenda was posted on Friday, May 17, 2002. 0 Minutes Approved None Posting of Agenda City of Newport Beach • Planning Commission Minutes May 23, 2002 SUBJECT: Brumbaug 201 Apolena Avenue Modification Permit No. 2002 -032 (PA2002 -001). Request to construct a new single - family dwelling, portions of which would encorach within the required side, front and rear yard setbacks. A front entry, kitchen and second floor balcony are proposed to encroach between 2 and 4 -foot, 6- inches within the l0 -foot setback adjacent to Apolena Avenue. A two -car garage and a portion of the first and second floor living areas are proposed to encroach 15 feet within the required 20 -foot front yard setback adjacent to Park Avenue. A 7- foot encroachment for the building is proposed within the required rear yard setback along the northerly property line. Ms. Temple noted that the applicant's representative has requested a continuance of this matter to June 6m. Motion was made by Commissioner McDaniel to. continue this item to June 6, 2002. Ayes: McDaniel, Kiser, Agajanion, Gifford, Selich Noes: None Excused: Kranzley, Tucker SUBJECT: Cingular Wireless 1601 Marguerite Avenue Use Permit No. 2002 -007 (PA2002 -047) Request to exceed the 32 -foot height limit in order to construct a church tower for the purpose of housing cellular telephone antennas proposed at an existing church in Corona del Mar. The proposed new tower will be approximately 37 feet in height. Zoning Code Section 20.65 permits structures to be up to 50 feet in height upon approval of a Use Permit. Ms. Temple reported that this application has been withdrawn. Motion was made by Commissioner Gifford to remove this item from calendar. Ayes: McDaniel, Kiser, Agajanlan, Gifford, Selich Noes: None Excused: Kranzley, Tucker M % i • INDEX Item 1 PA2002 -001 Continued to 06/06/2002 Item 2 PA2002 -047 Removed from calendar City of Newport Beach • Planning Commission Minutes May 23, 2002 EZ Lube 3600 East Coast Highway • Use Permit No. 2002 -034 INDEX Item 3 PA2002.034 Request for a Use Permit to allow construction of an automobile lubrication facility Denied consisting of a 2641 square -foot building with two service bays located in Corona del Mar. The application. includes a request to waive three of the ten space off - street parking requirement. Ms. Temple noted the additional correspondence received in the Planning Department that was distributed to the Planning Commission. Mr, James Campbell then made a slide presentation depicting the site plan, floor plan and vicinity plan. He noted the egress and ingress; elevation; service bay orientation; parking; trellis; waiting room area and nearby businesses. Commissioner McDaniel referring to page 95 of the staff report noted his concern about the Case Closure Summary of the Leaking Underground Fuel Tank Program. It seems to indicate that there is still an on going need for whoever the new property owner is. As for as the City is concerned, does the City have a concern with whatever toxic issues may remain there? • Mr. Campbell noted that this letter referred to the closure of the original tanks that were replaced earlier. The tanks that are in there today will have to go through the same procedure with the Orange County Health Care Agency overseeing the closure of the tanks and removal of any contamination found. We do not anticipate finding any, but they would be the lead agency to assure that proper closure of the tanks would be handled. Compliance with the Health Care Agency procedures should alleviate the concerns of any hydrocarbon contamination, if there is any on site. Public comment was opened. Ken Genzer from Moss and Associates representing the applicant noted the following: • EZ Lube stores are operated in a clean and professional manner. The owner of the property asked EZ Lube to set up their facility on this location. • EZ Lubes draws from the local market and base their site selection on customer base within a two -mile radius. • EZ Lube has the lowest trip generation of similar uses. • A facility this size will average about 35 to 40 customers a day at maturity. This is far less than a small retail store. • EZ Lube generates almost no parking demand, because the customers stay with their cars throughout the entire process. • EZ Lube is a quiet operation with no pneumatic power tools used and . with all work done in doors. • City of Newport Beach Planning Commission Minutes May 23, 2002 • Design of the facility integrates well into the Corona del Mar neighborhood. • We have made changes to the design following meetings with City staff and citizen groups. • We have looked at two other options, one is including a newsstand on the corner of Orchid and Coast Highway to further increase the pedestrian orientation of the site and the other is to lower the tower to the height of the Coco's tower. • We have looked at the findings that need to be made for approval and find them to be consistent with our intent. Rudy Alegre of Alegre and Mackenzie, architect of the project noted: • We have made improvements to the building. • We have added a trellis above the service bay, changed the style of the tower with more landscaping; benches are open to the sidewalk and a newsstand at the corner. • We read the Vision 2004 ideas and we tried to follow them as much as we could with this particular site and have Included pavers, style of benches and landscaping to follow it as much as we could. Lavina Hayden, Corona del Mar resident stated her opposition to this application for the following reasons: • That is an extremely busy corner, traffic from PCH turns right on Orchid to park in front of the post office or In the post office parking lot; traffic backs up to the highway; the crosswalk is used a great deal; and Rose Donuts, across from this site, is very successful with cars in and out of that area all day long. • No need for this facility; there is a Union Station Chevron Station and Newport Tire and all do oil changes and lubes. • I go to a lot of meetings and I have never heard one person say, 'oh goody we are going to have an EZ Lube.' • We don't need it and we don't want it. The Corona del Mar Chamber and the Residents Association and the neighborhood don't want it. At Commission inquiry she expressed her opinion that this business would create more traffic than a gas station, and neither one of them are safe for that corner. Don Glasgow, business man in Corona del Mar noted his opposition: • There Is no need and this does not fit into the pedestrian friendly environment. • Plenty of places to change oil already in the area. • Busy crosswalk adjacent to the site. • This is a short segment of street and is always very busy. • There is a lot of pedestrian traffic with mailboxes are all over. The use of this property needs to be looked at on a long -term basis. It would be wonderful to use this site for a parking lot with landscaping, To give up three parking spaces in this neighborhood is wrong, they will • end up with seven and with six employees either poaching those spots or 4 INDEX • City of Newport Beach Planning Commission Minutes May 23, 2002 going throughout the neighborhood. We don't need this. He then noted additional concerns with the building, lighting, reduction of landscaping and four signs. He concluded by asking that this application be denied. Val Skoro, 1601 Bayadere Terrace noted that, as a member of the Corona del Mar Residents Association, not one person he has spoken to is in favor of an EZ Lube at this particular location. He endorsed the comments of the previous speakers and asked that this application be denied, as it is incompatible. Don Jacobs, 309 Poppy noted that he lives in Corona del Mar because it is a pedestrian community. It is a place where you can park your car on Friday night and walk all weekend. This application is totally against what is called for in Vision 2004 and the previous speakers have been articulate in stating why it Is. I ask that you deny this application. Keith Dawson, resident of Corona del Mar noted his opposition of this application, as it is inconsistent with the Vision 2004. Keith Dugan, resident of Corona del Mar noted his agreement with the previous speakers and asked that this application be denied. • Pat Potter, resident of Corona del Mar noted her agreement with the previous speakers and asked that this application be denied. Public comment was closed. Commissioner Agajanian asked how this application violates the spirit of Vision 2004. Commissioner Selich made the following comments. He stated that Commissioner Agajanian's questions on the Vision 2004 plan. I have been a member of the Planning Commission for eight years. During that time we have denied only one use permit that I can recollect, the Auto Bistro. Continuing, Commissioner Selich stated, we usually condition the use to fit within the constraints of the property and surrounding neighborhood. That doesn't mean It can't be denied and that there aren't findings to support such an action. He then quoted from a publication called "The Conditional Use Permit" put out by the Governor's Office of Planning and Research. It has a lot more than what is shown in our Zoning Code in terms of what some of the standards are for denying conditional use permits and things that we should take into consideration. A lot of this is based on California case law. Our Zoning Code states that one of the standards that we have to address is the general welfare standard. According to this publication, 'California case law has established a number of fundamental • principles relating to conditional use permits. In addition to the basic uses INDEX . City of Newport Beach Planning Commission Minutes May 23, 2002 permitted within a zoning district, a city zoning or county zoning ordinance can provide other specified uses which may be permitted after consideration and resolution by an administrative agency that the proposed use Is in the best interest of public convenience and necessity and will not be contrary to the public health, morals, or welfare.' This is one of the standards that has been addressed in our staff report and I would suggest that we have heard evidence both in the staff report and from the public testimony that Corona del Mar is adequately served with oil change facilities. Another standard is a nuisance standard and is again based on California case law (Snow v. City of Garden Grove), 'Any use found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited.' That gives us rather broad discretion to analyze the use in relationship to the character of the City and its environs. I don't think we have heard any testimony or seen any in the staff report that says we are going to have problems that are not going to be adequately conditioned in regards to noise, dust or odors. I think that other 'undesirable characteristics' is really where we find our factual findings. With regard to the Vision 2004 plan and the existing characteristics of Corona del Mar, it is not a highway serving type of commercial business district. Corona del Mar is a residential shopping district that happens to have a major arterial with a lot of traffic that bisects it, yet it is not a highway serving district as Harbor . Boulevard, 17th Street or Newport Boulevard are. It is a residential area and the businesses by and large there are not highway oriented. The few that are automobile related are becoming less and less over the years as the character of Corona del Mar has changed. When many of those businesses were founded this area was not fully developed with a lot of vacant lots and the businesses did not have the residential community around It. Over the years that has been going away more and more. The closing of the Shell Station is another example that the highway related businesses just could not make it there. One of the reasons we approved the Jiffy Lube on Mariner's Mile after a lot of discussion was that it had already taken on a highway related commercial type of environment with drive -in fast food uses that have gone in the last few years and the change over of the 'marine' uses to more automobile related uses there. It is an example of where we approved one where the trend is going in the opposite direction of Corona del Mar. Here In Corona del Mar we have it going away from highway related uses and Mariner's Mile is going in the opposite direction. The finding is certainly there that it doesn't fit within the character of the community. it is highway related and this is a pedestrian oriented environment and those are the kind of community serving uses that the Vision 2004 plan is trying to encourage. Going beyond just the strict aspects of the conditional use permit, I think the characteristics of the site itself Is not an appropriate size or location to have a quick lube facility. The Jiffy Lube, facility was a 12,000 square foot lot and we approved 3 bay facilities there. Here we are trying to do a 2 bay facility on 7,000 square feet. The size, configuration and orientation of the lot is part of the reason INDEX • City of Newport Beach Planning Commission Minutes May 23, 2002 why the applicant can not meet the service station standards, the lot is wide and shallow and he can not get the building set back from the street. I believe this is the first application where we are using the service station guidelines that we spent quite a bit of time developing both In the Planning Commission as well as the City's Economic Development Committee and going on to the City Council to have a good set of guidelines to regulate the development of these types of facilities. Here is the first one and it can't even meet the standard. Given the fact of how these things are designed, as long as they stay with the quick change business model where you drive in and out and have the waiting room adjacent to the facility, there is probably not a way to design it to fit on the site and meet our service station standards and stay with the business model that has been presented to us. One of the things that can be asked is what is this property going to be used for, it's such an odd shaped piece of property. Most of the properties are oriented on Coast Highway with deep lots that go back to the alley, so you can get circulation off the alley as well as the street. There are many uses in the Zoning Code that are permitted in this Zoning District that can go onto this property. think you could site a 1,500 square foot building on this properly and provide adequate parking for It and that Is no more or no less than we find on many of the buildings in Corona del Mar eight now. There is no issue in property rights here. The property owner does have other economic uses to put on this property. It may not be of use to EZ Lube because this is the only business they are in. In terms of the property itself, it has a wide range of permitted uses that It can go to. I know we usually discuss the proposal before we make a motion, but I am going to make one now. Motion was made by Commissioner Selich to deny Use Permit No. 2002 -005 for property located at 3600 East Coast Highway with the findings as shown on Exhibit 4 of the staff report with the following changes" In the first paragraph of Exhibit 4 in the fifth line after the word City, insert the following language: %Js found to be objectionable and incompatible with the character of the City and its environs due to noise dust, odors or other undesirable characteristics.' And, add an eighth reason to the seven reasons that are already there that would state, 'Corona del Mar is already served by sufficient number of oil change facilities for the public convenience and necessity.' Commissioner Gifford noted that there are not adequate reasons to deviate from the development standards, I will be supporting the motion. Commissioner Agajanian noted his support of the motion stating the considerable amount of public testimony in opposition to the EZ Lube proposal. However, I see the proposal in front of us as being legitimate within the uses allowed in this area. It is replacing an auto related use and I think the actual driveway arrangements are better than we had with the gas station before. There are problems with traffic in the area, but I am convinced that any use we bring here, especially a • INDEX City of Newport Beach Planning Commission Minutes May 23, 2002 1,500 square foot store with the appropriate 8 or 9 parking spaces, would generate less or more traffic than the proposed use. What it comes down to for me is whether this is a use that is permitted. The use permit in front of us today is asking to waive three parking spaces that are required. Based upon the documentation that has been submitted with the staff report, I am fairly convinced that the amount of traffic generation at this site Is going to be fairly minimal. The parking requirements can probably be accommodated within the seven spaces that are provided and furthermore, the use of this property is a reasonable use. I can find no reason to oppose it. I want to oppose it because we have a strong public sentiment working against it, but I think in the end I will have to support the project because I cannot really find a way to oppose it. Commissioner McDaniel noted that there are some things in our City that just don't fit. When it comes to that, I try to listen to the community and the people who are close by because they have to live with it once we are done with it. This project kind of fits except there are many factors that will have to be dealt with. I am going to come down on the side of the folks who live there. This is a very highly visibility area that people come through and this project would stand out as a negative and so I will support the motion. Commissioner Kiser noted his opposition to the use and the application. The use does not fit the site or the location. I agree with the comments by Commissioner • Selich, this just doesn't work here. Ayes: McDaniel, Kiser, Gifford, Selich Noes: Agajanlan Excused: Kranzley, Tucker The findings for denial as amended. The establishment, maintenance or operation of the proposed automobile service station use of the property will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or Injurious to property and improvements in the neighborhood or the general welfare of the City, Is found to be objectionable and incompatible with the character of the City and its environs due to noise dust, odors or other undesirable characteristics, and further that the proposed project Is inconsistent with the legislative intent of this code for the following reasons: The project is not compatible with surrounding land uses in that it introduces an automobile - related use in an area characterized by pedestrian- oriented uses. 2. There has been a trend away from automobile - related uses in the commercial districts of Corona del Mar during recent years due to the pedestrian nature of the area. • INDEX . City of Newport Beach Planning Commission Minutes May 23, 2002 The project would introduce views of automobile service bays and it is not possible to screen the service bays from public view. 4. The operational characteristics of the use will require that the service bay doors remain open and the intensities of the lighting within the service bays would be in excess of the light levels in Corona del Mar. 5. The site development standards of the Service Station regulations of the Code as they relate to landscaping and setbacks have not been met. 6. The mandatory findings to grant a parking waiver cannot be met for this project in that the decrease in parking on the site could adversely affect surrounding parking and there currently is parking problem within the area. 7. The proposed design could result in a parking problem associated with handicap parking requirements in that potential queuing of automobiles at the service bay doors could result in blocking the handicap space. 8. Corona del Mar is already served by a sufficient number of oil change facilities for the public convenience and necessity." xR• • ADDITIONAL BUSINESS: a) City Council Follow -up - Ms. Temple reported that at the City Council meeting the Brown duplex Planning Commission determination was overturned and approved the project. b) Oral report from Planning Commission's representative to the Economic Development Committee - none. C) Report from Planning Commission's representatives to the General Plan Update Committee - Commissioner Agajanian noted that Urban Crossroads consultant had been hired along with Austin Foust. There was a discussion regarding the survey that is going to be used for the update and the validity of that and the cost increase that doubled. d) Report from Planning Commission's representative to the Local Coastal Plan Update Committee - Ms. Temple noted that there is a map showing the final coastal access easements available for your use after the meeting. e) Matters that a Planning Commissioner would like staff to report on at a subsequent meeting - none. f) Matters that a Planning Commissioner may wish to place on a future • agenda for action and staff report - none. INDEX Additional Business • City of Newport Beach Planning Commission Minutes May 23, 2002 g) Status report on Planning Commission requests - Ms. Temple presented an updated list and made herself available for calls for clarification. h) Project status - none. i) Requests for excused absences - none. ADJOURNMENT: 7:30 p.m. EARL MCDANIEL. SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 10 INDEX Adjournment