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HomeMy WebLinkAbout2500 SEAVIEW*NEW FILE* 2500 Seaview r, _+V {' COMMISSIONERS CALL Motion Ayes Absent 1* r ?'''s' MINUTES _._ September 21, 1989 CITY OF NEWPORT BEACH IrloEx f, roposed amendment involves an expansion and renovation of existing yacht club. Said additions include an expanded room, new administrative offices, expanded kitchen, an interi snack bar, new bathrooms and a new basement area which 1 be used for additional locker storage and dry food storage fo the yacht club restaurant. LOCATION:\Drniv Parcel Map 84-721 (Resubdivision a portion of Block 95 of Irvine's n and a portion of Lots A and B,. 6927, located at 1801 Bayside the southwesterly side of Bayside uthwesterly of El Paseo Drive. ZONE: APPLICANT: in Balboa Yacht Nib, Corona del Mar OWNERS: Balboa Yacht Clu and the County of Orange James Hewicker, Planning Director, state that staff has requested that this item be continued to the O ober 5, 1989, Planning Commission meeting. Motion was made and voted on to continue Gene 1 Plan Amendment No. 89-2(K) and Use Permit No. 1681 (Am de d) to the October 5, 1989, Planning Commission mee g. MOTION CARRIED. A Amendment No 685 (Continued Public Hearinal Request to amend a portion of Districting Map No. 17 so as to establish a 10 foot front yard setback along the Carnation Avenue (private) frontage of the subject property; and the acceptance of an environmental document. AND -16- Item No.5 A685 Waiver of Combining Require. CRDP 14 Approved ,i3;?3ili COMMISSIONERS `,1i: MINUTES September 21, 1989 CITY OF NEWPORT BEACH INDEX LOLL CALL �_���, �f �'ombirinQ R� it m n (c'nntinued Dic ccu sionl Request to waive the combining of lots requirement in conjunction with the proposed project; and the approval of a modification to the Zoning Code so as to allow an open stairway to encroach 7 feet into .a required 10 foot rear yard setback and to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse comer setback adjacent to Seaview Avenue, at the rear of the property. AND C. Coastal Residential Development Permit No 14 (L)i5cussion Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 6 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. LOCATION: Co ona del Mar and a portion Block y of an abandoned street (Carnation Avenue), located at 2500 Seaview Avenue, on the northeasterly corner of Seaview Avenue and Carnation Avenue, in Corona del Mar. ZONE: R-3 APPLICANT: Carnation Cove, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has complied with the requests that were previously made by staff and the Planning Commission at the August 10, 1989, Planning Commission meeting. Mr. David Diem, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". Mr. Diem presented a brief review of -17- n 111 !!•'• MINUTES 4 COMMISSIONERS CALL September 21, 1989 CITY OF NEWPORT BEACH the application, and he addressed the following concerns, that were expressed at the foregoing Planning Commission meeting. Mr. Diem addressed concerns regarding the rear access on the alley portion of the property and the fire lane. He stated that two of the proposed units will require the use of the alley for vehicular access, and he described the design and setback of the four garages that will access off of Carnation Avenue. Mr. Diem stated that the applicants will pay for the striping and signage for the fire lane on Dahlia Place and Dahlia Avenue. Mr. Diem further stated that the applicants will pay for a sign at the comer of Dahlia Place and Dahlia Avenue indicating the private alley has no through access. He addressed the turnaround area that will be provided in the alley to ease the traffic circulation, and he stated that the plans have been modified to allow for a greater backup area out of the garage immediately adjacent to Seaview Avenue. Mr. Diem referred to the letter from Steven Johnson, dated September 16, 1989, on behalf of the China Cove Condominium Association, stating that their previous concerns regarding the establishment of a fire lane have been satisfied and the Association is supporting the project. Mr. Diem addressed the rear stairwell encroachment, and he explained that there will be a•four foot access as required by the Fire Department. Mr. Diem addressed the reverse comer setback area, and he described the colored chart that was previously submitted to the Planning Commission depicting the three alternate proposals and how each proposal would affect the adjacent views. Mr. Diem also described each alternative from enlarged photographs taken at the site and what affect the project would have on the neighbors' views from the second and third floors. Mr. Diem submitted photographs depicting how the stakes were placed as requested by the neighbors. Mr. Diem suggested the Planning Commission approve the project with the rear stairwell four foot encroachment and the reverse comer setback, the "purple plan" alternative, the fourth alternative for the reverse corner setback area. He explained that on the third floor of the "purple plan", the setback meets the Code requirement and does not need modification; that the "red plan" on the second floor is below the neighbors' line of sight INDEX MINUTES COMMISSIONERS ROLL CALL September 21, 1989 CITY OF NEWPORT BEACH and does not have any visual impact; and a modification would be required on the first level adjacent to the neighbors' garages. In response to a question posed by Mr. Hewicker, Mr. Diem submitted and described a photograph of a view from the second floor balcony of the adjacent property. In response to a question posed by Commissioner Debay, Mr. Diem explained that the description of Waiver of Combining Requirement as stated is the original description of the application when submitted by the applicants. William Ward, Senior Planner, explained that the description "to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse comer setback adjacent to Seaview Avenue at the rear of the property . is red plan alternative. Commissioner Pers6n advised that the Planning Commission not set a precedent by getting involved in the protection of private views and private property. ' Chairman Pomeroy and Commissioner Pers6n discussed the amount of involvement the Planning Commission should consider to accomodate a group of citizens who have expressed their concerns regarding view impact. Mr. Diem addressed the description of the modification request in the Wavier of Combining Requirement, and he explained that "open stairway to encroach 7 feet" has been modified to 6 feet. In response to questions posed by Commissioner Debay, Mr. Ward explained that the conditions stated in Exhibit "A, were written as originally proposed by the applicant but the conditions will be revised to reflect the following' ("purple plan alternative" on the third floor, the "red plan alternative" on the second floor and the first floor would consist of a four foot setback as originally proposed). Mr. Diem suggested that a condition be added stating that the applicants agree to pay for a fire lane as previously stated. Mr. Michael Mack, 2524 Seaview Avenue, appeared before the Planning Commission. He stated that the proposed project is not setting a precedent, and he supported the modifications that were made to the project. In response to a question posed by Mr. Mack, Mr. Hewicker replied that the photographs on display are part of the public record. -19- INDEX MINUTES COMMISSIONERS CITY ROLE CALL Mrs. owner appea descri on Se to ind and t] the al said t same Then public * Motif Notion' Com] Perm the f requ( Regr and New] requ+ build the I alter and feet by t] Chai appi mod Ayes * * * * * The Absent A. September 21, 1989 NEWPORT BEACH Doris Boisseranc, 2520-2522 Seaview Avenue property , resident of 272 Crescent Bay Drive, Laguna Beach, red before the Planning Commission. Mrs. Boisseranc bed the meeting that the Boisserancs had with Mr. Diem ptember 20, 1989, to view the single stake that was erected icate the maximum height of the property, the view impact re overall impact of the project. Mrs. Boisseranc stated that )plicants have satisfied the neighbors' requests; however, she hat they would prefer that the third floor setback be the as the second floor setback or extend to Carnation Avenue. being no others desiring to appear and be heard, the hearing was closed at this time. m was made to approve Amendment No, 685, Waiver of )ining Requirement, Coastal Residential Development it No. 14, and related Environmental Document, subject to findings and conditions in Exhibit "A". Commissioner Pers6n ;sted that Condition No. 21, Waiver of Combining tirement, be added stating 'That the applicant shall stripe sign the proposed fire lane as may be established by the )ort Beach Fire Department." Commissioner Pers6n .sted the "purple plan" alternative on the third floor (11 foot ing setback and 6 foot deck setback, within that portion of property 37 feet from the rear property line), the red plan native on the second floor (7 foot 6 inch building setback a 4 foot deck setback, within that portion of the property 27 from the rear property line), and the first floor as requested ie applicant (4 foot building setback on the ground level). rman Pomeroy expressed the Planning Commission's eciation to the applicant for submitting the improved ified plan. foregoing motion was voted on, MOTION CARRIED. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measure: -20- INDEX 4 n oil COMMISSIONERS MINUTES , September 21, 1989 CITY OF NEWPORT BEACH ,L CALL Findine: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K 3. 2, That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. Mitigation Measure: 1. That a photo survey of the existing buildings on the site shall be prepared and donated to the historical photos collection of the Balboa Pavilion prior to the issuance of demolition permits. B. Amendment No. 685: Recommend approval of Amendment No. 685 to the City Council, with the following findings: 1. That the proposed ten foot front yard setback is the same as other setbacks along Carnation Avenue. 2. That the proposed ten foot setback along the Carnation Avenue frontage of the subject property is compatible with the proposed and allowable scale of development in the R-3 District. C. yaiver of Combinine Reouiremp: Approve the waiver of the combining requirement with the following findings and subject to the following conditions: Bpdin : 1. That the waiver of the combining requirement is justified inasmuch as the proposed development of the subject property is intended to be a condominium project which requires the approval and recordation of a tract map prior -21- INDEX MINUTES COMMISSIONERS- ` I �� o 0 � September 21, 1989 CITY OF; NEWPORT BEACH L CALL 1 2. 3. Cod 1. 2. 3. 4. 5. o occupancy of the project and which will effectively ;ombine the parcels into a single site. That the provisions of Section 20.87.090 B of the Newport Beach Municipal Code provide that the Planning Commission or City Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of title 20 of the Municipal Code. That the approval of a modification to the Zoning Code so as to allow the proposed side and rear yard setback encroachments will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. in That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as noted below. That all mechanical equipment and trash areas shall be screened from Carnation Avenue, Seaview Avenue and adjoining properties. That a tract map be processed and recorded prior to occupancy of the proposed condominiums. That the tract map be prepared so that the bearings relate to the State Plane Coordinate System. That all improvements be constructed as required by Ordinance and the Public Works Department. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. _22_ INDEX MINUTES E' COMMISSIONERS .d d September 21, 1989 CITY OF NEWPORT BEACH RML CALL 6. 7. 8. 9. 10. 11. 12. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue or the Seaview Avenue frontages. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to. the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any building or grading permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That County Sanitation District fees be paid prior to issuance of any building permits. That a 10 foot radius comer cutoff at the comer of Seaview Avenue and Carnation Avenue be dedicated to the public on the tract map. That a non-exclusive easement for ingress and egress be dedicated over Carnation Avenue frontage and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation AVenue be dedicated to the City. -23- INDEX COMMISSIONERS MINUTES ROLL CALL September 21, 1989 CITY OF NEWPORT BEACH 13. That curb, gutter, sidewalk and pavement be constructed along the Carnation Avenue frontage; that the displaced portions of sidewalk be reconstructed and the existing brick pavers be removed and replaced with landscape or reconstructed on a 4 inch thick concrete base along the Seaview Avenue frontage•, that the curb return at the comer of Carnation Avenue and Seaview Avenue be reconstructed using a 20 foot radius return and incorporating a curb access ramp within it. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plans approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a minimum 20 foot clear width be provided in the alley easement located northerly of and parallel to Seaview Avenue. This revision will provide adequate room for vehicles backing from the adjacent garage. The final design of the site plan shall be approved by the Public Works Department. that n guest parking spaces shall be permitted within the rear driveway area. 16. That a minimum 6 foot rise be provided between the existing alley flow line and the high point of the proposed driveway prior to descending into the subterranean garages along the alley unless otherwise approved by the Public Works Department 17. That Fire Department access shall be approved by the Fire Department. 18. That the entire building shall be sprinklered unless otherwise permitted by the Fire Department. 19. That the improvements constituting the raised entry and patio for unit "F', which extend into the required 10 foot rear yard setback, shall not exceed a height of 6 feet measured from existing grade. 20. That prior to the issuance of building permits, the applicant shall record a covenant which shall hold the subject property as a single building site until such time -24- INDEX �. a • : ���'i=' MINUTES ' } COMMISSIONERS CITY OF NEWPORT ROLL CALL 21 T, 2: I rq September 21, 1989 , BEACH a as a tract map or parcel map is recorded on the property. That the applicant shall stripe and sign the proposed fire lane as may be established by the Newport Beach Fire Department. That the open stairway shall be permitted to encroach 6 feet into the required rear yard setback. That the following setbacks shallbe maintained in the reverse comer setback area adjacent to Seaview Avenue, at the rear of the property: a 4 foot building setback on the first floor; a 7 foot 6 inch building setback and ,a 4 foot deck setback within that portion of the property 27 feet from the rear property line on the second floor; and an 11 foot building setback and a 6 foot deck setback within that portion of the property 37 feet from the rear property line on the third floor. 1. c2ui&L Residential Developmen 0=: Approve the Coastal Residential Development Permit with the following findings: That the feasibility analysis has been performed which has indicated that it is not feasible to provide affordable housing on -site or off -site in conjunction with the proposed project. That the proposed development has met the requirements of the City Council Policy P-1. 1equest to amend 20 of the Newport Beach Municipal ode so as to establish residential/commercial uses as a )ermitted use within the "Recre-aiicqal and Marine Commercial' trea of the Cannery Village/McFa Square Specific Plan Area. APPLICANT: City of Newport Beach -25- INDEX Item No.6 A6 89 Continued to 10-5-89 December 1, 1989 Conditions of Approval _Amgndment No. 685 500 Seaview Avenue Plan Check #1272-89 Condition gVD 1. Substantial conformance roo f2. Mech./trash screened 3. Tract map recordation 4. Improvements 5. Water/sewer laterals 6. Circulation systems 7. Sight distance 8. California Vehicle Code 9. Hydrology study 10. Sanitation District Fees 11. 10' radius corner cutoff 12. Ingress/egress easement 13. Improvement 14. Surety 15. 20" alley easement 16. Min. 6'-0" rise 17. Fire access 18. Fire sprinklered Department Planning Planning Code Enforcement Planning Public Works Public Works Traffic Traffic Public Works Public Works Building Public Works Public Works Public Works Public Works Public Works Public Works Fire Dept. Fire Dept. Action Plans approval Hold on final field inspection Hold on final Plans approval Plans approval Plans approval Plans approval Plans approval Plans approval Permit Plans approval Plans approval Encroachment permit or Plans approval Plans approval Plans approval Plans approval Plans approval Plans approval M I.c' Amendment No. 685 Conditions of Approval Page 2 19. Unit ev max G , l xw=s 20. Covenant, Single Building �1r " Site, prior to permit issuance •=- Plans approval Covenant m ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) (1987) EXHIBIT "A" OR-1504691 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THOSE PORTIONS OF LOTS 2, 4, 6 AND 8 IN BLOCK 231 OF CORONA DEL MAR, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGES 41 AND 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF LOT 2 IN SAID BLOCK 231, DISTANT THEREON 28.00 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID LOT, AND RUNNING THENCE NORTHEASTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 2, AND THE EXTENSION THEREOF 64.00 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH THE SOUTHEASTERLY LINE OF LOT 6 IN SAID BLOCK, 28.00 FEET TO THE NORTHEASTERLY LINE OF THE ALLEY IN SAID BLOCK, AS SHOWN ON SAID MAP; THENCE NORTHEASTERLY ALONG SAID NORTHEASTERLY LINE 45.00 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHWESTERLY LINE OF LOT 2 IN SAID BLOCK 42.00 FEET; THENCE SOUTHWESTERLY PARALLEL WITH SAID NORTHWESTERLY LINE OF THE ALLEY IN SAID BLOCK 9.00 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 2, AND THE EXTENSION THEREOF 101.00 FEET TO THE CENTER LINE OF CARNATION AVENUE, FORMERLY 30TH AVENUE, AS SHOWN ON SAID MAP, THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 100.00 FEET TO THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 2 IN SAID BLOCK 231, THENCE SOUTHEASTERLY ALONG SAID EXTENDED LINE AND THE SOUTHWESTERLY LINE OF SAID LOT 2, 115.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS, TOGETHER WITH THE RIGHT TO INSTALL, USE AND MAINTAIN PUBLIC UTILITY SERVICES OVER A STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 231 OF CORONA DEL MAR, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 3 PAGES 41 AND 42 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND RUNNING THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF DAHLIA AVENUE 193 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHWESTERLY LINE OF LOT 13 IN SAID BLOCK 231, AND THE EXTENSION OF SAID LINE, 125 FEET TO THE CENTER LINE OF THE VACATED ALLEY IN SAID BLOCK, THENCE SOUTHWESTERLY ALONG THE CENTER LINE, 125 FEET; THENCE NORTHWESTERLY PAGE 8 W TV4 ALTA OWNERS POLICY (REGIONAL EXCEPTIONS) (1987) OR-1504691 PARALLEL WITH THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 3 IN SAID BLOCK 231, 7 FEET TO THE NORTHWESTERLY LINE OF SAID VACATED ALLEY, THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE 4 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 6, 7 FEET; THENCE NORTHEASTERLY, PARALLEL WITH THE NORTHWESTERLY LINE OF SAID VACATED ALLEY, 143 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH THE SOUTHWESTERLY LINE OF LOTS 14 AND 13 IN SAID BLOCK 231, AND THE EXTENSION OF SAID LINE, 139 FEET TO THE NORTHWESTERLY LINE OF SAID DAHLIA AVENUE, THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 3 FEET, THENCE SOUTHEASTERLY ALONG THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 15 IN SAID BLOCK 231, 50 FEET TO THE SOUTHEASTERLY LINE OF DAHLIA AVENUE, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, 210 FEET TO THE MOST WESTERLY CORNER OF LOT 2 IN BLOCK 232 OF SAID CORONA DEL MAR, THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 2, 50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE SOUTHEASTERLY ONE- HALF OF DAHLIA AVENUE. ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL 1 DESCRIBED ABOVE. PARCEL 3: AN EASEMENT NORTHWESTERLY SHOWN ON THE MISCELLANEOUS BETWEEN THE NORTHEASTERLY AVENUE HAVING SUPERVISORS 01 UANUARY 14, 1 SAID COUNTY. CG FOR INGRESS AND EGRESS OVER THAT PORTION OF THE ONE-HALF OF CARNATION AVENUE, FORMERLY 30TH AVENUE, AS MAP OF CORONA DEL MAR, RECORDED IN BOOK 3, PAGE 41 OF MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY AND LINES OF PARCEL 1 DESCRIBED ABOVE', 'SAID 'CARNATION BEEN VACATED AND ABANDONED BY ORDER OF THE BOARD OF ORANGE COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED 920 IN BOOK 14, PAGE 282 OF MISCELLANEOUS RECORDS OF PAGE 9 Planning Commission Meeting Au,ptst 10. 1989 Agenda Item No. 13 CITY OF NEWPORT BEACH TO: Planning Commission Request to amend a portion of Districting Map No. 17 so as to establish a 10 foot front yard setback along the Carnation Avenue (private) frontage of the subject property and the acceptance of an environmental document. Request to waive the combining of lots requirement in conjunction with the proposed project; and the approval of a modification to the Zoning Code so as to allow an open stairway to encroach 7 feet into a required 10 foot rear yard setback and to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse corner setback adjacent to Seaview Avenue, at the rear of the property. Ub C. Coastal Residential Development Permit No 14 (Discussion) Request tQ approve a Coastal Residential Development Permit for the purpose of establishing project compliance for a 6 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and - Moderate -Income Housing within the Coastal Zone. LOCATION: Portions of Lots 2, 4, 6 and 8, Block 231, Corona del Mar and a portion of an abandoned street (Carnation Avenue), located at 2500 Seaview Avenue, on the northeasterly corner of Seaview Avenue and Carnation Avenue, in Corona del Mar. ZONE: R-3 APPLICANT: Carnation Cove, Newport Beach OWNER: Same as applicant 0 TO: :z. Apnlic•, ation_s Planning Commission-2. These applications involve a request to amend a portion of Districting Map No. 17 so as to establish a 10 foot front yard setback along the Carnation Avenue (private) frontage of the subject property. The proposal also includes: a request to waive the requirement for the combining of lots in conjunction with the proposed project; a request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance fora 6 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and - Moderate -Income Housing within the Coastal Zone; and the approval of a modification to the Zoning Code so as to allow an open stairway to encroach 7 feet into a required 10 foot rear yard setback and to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse comer setback adjacent to Seaview Avenue, at the rear of the property. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code; provisions for the waiver of the requirement to combine individual lots or portions of lots into a single building site are set forth in Section 20.87.090 of the Municipal Code; Coastal Residential Development Permit procedures are set forth in City Council Policy P-1; and modification procedures are set forth in Chapter 20.81 of the Municipal Code. Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K 3, an Initial Study has been prepared for the proposed project. Based on the information contained in the initial study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. r� The subject property is currently developed with a 19 unit apartment building and related garage spaces. Said building was originally built as a hotel in the early 20's; however, a search of the Building Department records revealed that in 1950 and again in 1954, alterations and additions were permitted to the building, including a small garage structure. This was prior to any City requirements for on -site parking or the establishment of density standards. The 19 unit apartment building that evolved from the original hotel does not conform with the current Zoning Code pertaining to parking, density and setback requirements. The property is comprised of portions of four lots, a portion of the vacated Carnation Avenue and a portion of a vacated alley. To the northeast is an old apartment building; to the southeast are two condominium developments; to the southwest, across Seaview Avenue, are duplexes; and to the northwest, across the abandoned portion of Carnation Avenue are single family dwellings and two four unit condominium developments. I TO: Planning Commission-3. the erogram Land Use 7y Use Element of the General Plan dentialand" uses, with a Pma:°mum ns ty of Plan designate the site for "Multi -Family area. Based on such a one dwelling unit for each 2,140 square feet of buildable lot feet of buildable lot area, density limit, the subject property, which contains 12,886 square would per mit 6 dwellings (12,886 sgft. 2,140 sgft. = 6.02 or 6 dwelling units). Based on the above calculation, the Proposed project is consistent with the established land use designation emand and allowable ableCoastdensity Program Land Use Planted Use Element of the General d U Permit At its meeting of September 4, 1980, the Planning Commission approve se No. 1948 and Resubdivision No. 666 which involved a request to permit the construction . Said action of a six unit residential condominium development the canion f aPProropp set forth a the was taken with the findingssubject attached excerpt of the Planning Commission minutes dated September 4, 1980. Said project was never constructed and the above applications expired 24 months later. AUAIY91 The applicant is proposing to construct a 6 unit with related garages as shown on the attached project will contain three bedrooms, 21h baths, kitcben. The following outline sets forth the project. Land Area: Buildable Area: _ Permitted'Dwelling Units: (As established by General Plan): Permitted Gross Structural Area (1.5 x Buildable Area) Proposed Gross Structural Area: Floor Area Ratio: residential condominium development plans. Each of the units within the living room, formal dining room and major characteristics of the proposed 12,886 sgft. 7,568± sq.ft. 6 units or 1 D.U. for each 2,140 sgft. of lot areal 11,352± sq.ft. 11,298± sqft. 1.49 x Buildable Area iThe attached plans incorrectly indicate that 10 dwelling units are permitted on the site. r- Setbacks: Front (Carnation Ave.) Rear Northeasterly Side Southwesterly Side Required Parking: Proposed Parking: Unit A Unit B Unit C Unit D Unit E Unit F Total Planning Commission-4. Required 20 ft. 10 ft. 4 ft. 4 ft.; b feet on the rear 20 feet Permitted Building Height: Proposed Building Height: Required Open Space: Proposed Open Space: gnant Parkin! 3 garage spaces 3 garage spaces 4 garage spaces 4 garage spaces 3 garage spaces 3 garage spaces 20 garage spaces Proposed 10 ft. from original right- of-way of Carnation Avenue Varies between 4 ft. and 10 ft. for condominium; 14 ft. for 1 car garage 5 ft. for condominium; 4 ft. for 1 car garage See discussion below 1.5 spaces per D.U. or 9_s aces Front Half of Parcel: Rear Half of Parcel: Front Half of Parcel: Rear Half of Parcel: Guest Parking 1 open space 3 open spaces 2 open spaces 2 open spaces 0 Q - 8 open spaces 24 ft. average 29 ft. maximum 28 ft. 'average 33 ft. maximum Varies 18 ft. to 24 ft. maximum height of deck handrail 28 ft. average, and 30 ft. maximum height of sloping roof 14,112 cu.ft. In excess of 52,940 cu.ft. TO: Planning Commission-5. ,,, „ No 685 aid Carnation Avenue Setback In accordance with Section 20.16.045 of the Municipal Code, the front yard etbac requirement for the subject property is 20 feet measured from the original right-of-way line of Carnation Avenue. Said requirement is based on the standard setback for the R-3 District inasmuch as the subject property has no setback identified on the Districting Map. It is also noted that Districting Map No. 17 includes a 10 foot front yard setback for all the properties on the opposite side of Carnation Avenue as well as on both sides of Carnation Avenue in the next block (see attached vicinity map). In light of this situation, the applicant is proposing to establish a 10 foot setback on Districting Map No. 17 for that portion of the subject property which fronts on Carnation Avenue (private street). Staff has no objections to such a proposal inasmuch as said setback is consistent with the front yard setback requirement for other properties along Carnation Avenue. It should also be noted that the adjacent property located northeasterly of the site, currently maintains an 8± foot front yard setback on Carnation Avenue. »ae and Setback Adi^c nt to Seaview Avenue In accordance with Section 20.16.045 B of the Municipal Code, the side yard setback ack requirement in the R-3 District, for parcels that are 40 feet or wider, is 4 feet; p that the side yard setback on the rear 20 feet of the street side of a corner lot, where there is a reverse frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. In the case of the subject project, the adjoining lot located southeasterly of the site has a reverse frontage and maintains a 6± foot setback for the existing decks adjacent to Seaview Avenue. Therefore, the subject project is required to provide a 4 foot setback along Seaview Avenue, except for the last 20 feet adjacent to the southeasterly property line, where the required setback is 6± feet. As shown on the attached plans, the applicant is proposing a 4 foot building setback on each floor of the entire building frontage adjacent to Seaview Avenue except for the last 16 feet of the building closest to the southeasterly property line where the ground floor building setback will be 4 feet (2 foot encroachment into required 6 foot reverse comer setback). In addition, the applicant is requesting approval of second and third floor decks which encroach 2 feet into the required 6 foot reverse corner setback. It is staffs opinion that the ground floor setback encroachment along Seaview Avenue should not be detrimental to the adjoining property inasmuch as it does not have any ground floor gig area With regards to the second and third floor deck encroachments, the ilding setback of 7 feet for applicant has agreed to provide a second and thud floor bu the entire frontage of unit "F' (16 ft. of frontage), in order to permit the second and third floor deck encroachments. It should be noted that the applicant is currently discussing this issue with the adjoining property owners most affected. It should also be noted that should the adjoining property owners object to these encroachments, the rearllyard setbacks. ed an alternate Said alternate planan which will bell fully conformfore review the required the Planning front g Commission meeting. /0 Planning Commission-6. oe � Yard Setback Rea»irement In accordance with Section 20.16.045 C of the Municipal Code, the rear yard setback rovements in requirement in the R-3 District is 10 feet- Therefore, no laced within he rear 10 fee of the u subject property. excess of 6 feet in height cture or i may p As originally submitted, the applicant was proposing to construct an open stairway which encroached 7 feet into the has educed the 10 foot rear ncroachme t t 6 feet sd setback. o as to provide as shown on he attached plans, the applicant a minimum 4 foot clearance between the stairs and the rear property line, as requested by he Fire Department. It should also be noted that the improvements which constitute he patio and entry areas roximatelit y7af et 6 inches highd which are , whereas thed in the 10 foot Zoning Code setback, appear to be ard approximately t for said improvements. Staff has discussed this with allows a maximum height of 6 fee he applicant and he has agreed to lower the height of said improvements. Circulation As shown on the attached plans, three of the proposed units will have vehicular access from Carnation Avenue and the other three units will have vehicular access from the private alley at of rear of the site. twalls adjacAs ent t on the attached the private alley lans 'atthe rear of design and placement of buildings l property, have taken into consideration he vehicular backup area needed for the adjoining three story building and the two story condominiums on the opposite side of the private alley. It should be noted that the proposed ramp area adjacent to the private alley will also provide additional maneuvering area within the alley so as to provide easier turn around space for anyone using the alley. It should also be no that the proposed access and circulation for the project has been approved by the City Traffic Engineer and the Public Works Department. It should also be noted that staff has received comments from some of the property r owners in the neighborhood who use the private alley at the rear of the site. Said comments are in regards to the illegal parking that takes place within the Rrivate alley during the evening and on weekends, and which prevents emergency vehicle access to the rear of the properties using the alley. It appears that many of the property owners are in favor of establishing a 14 foot wide fire lane within the private alley, including the subject applicant. Should a majority of the property owners wish to have afire lane, and the City Fire Chief feels that it is justified, such a fire lane can be established. In any case, the establishment of a fire lane should not effect the decision regarding the proposed "project, inasmuch as there are adequate alternatives available to the Fire Department in order to insure adequate fire protection of the property in question. The Fire Chief is currently reviewing the possibility of establishing the subject fire lane. ('oa�tal Residential Develonanent Permit Inasmuch as the proposed project is located in the Coastal Zone and contains more than two dwelling units, the applicant must comply with Council Policy P-1 which requires JO; Planning Commission-7. the inclusion of low or moderate income housing in the Coastal Zone, where feasible. As indicated in the attached feasibility analysis performed by Tarantello and Company, it will not be feasible for a low or moderate income unit either on -site or off -site in conjunction with the development of the proposed project. Therefore, in accordance with Council Policy P-10 no affordable units are required. As indicated previously, the subject property is comprised of portions of four lots, a portion of vacated Carnation Avenue and a portion of a vacated alley. In accordance with Section 20.87.020 A of the Municipal Code, where a new building is planned to cross existing property lines, no new construction may be permitted until such time as said lots or parcels have been combined into a single building site. However, in accordance with Section 20.87.090 B of the Municipal Code, when buildings are planned to be constructed over existing lot lines, and where said building site is found to be in multiple ownerships in fee, leasehold or other estate in real property, the requirement for a resubdivision as required in Subsection A may be waived by the Planning Commission upon the finding that the estate in the real property is of sufficient length to guarantee that the lots or parcels which constitute the site will be held as a single entity for the economic duration of the building improvements to be placed on the site. Said section also provides that the Planning Commission or City Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of Title 20 of the Newport Beach Municipal Code. It should also be noted that inasmuch as the applicant intends this project to be sold as a condominium project, he will be requesting approval of a Tentative Tract Map prior to the completion of the project. Staff has no objections to the waiver of the combining requirement inasmuch as all the conditions which the Planning Commission would require in conjunction with the combining of the parcels can be made conditions of the waiver. In regards to establishing a single parcel for condominium purposes, that will be accomplished in conjunction with the 'filing of a tentative tract map application which must be approved by the Planning Commission and r the City Council prior to occupancy of the condominium units. Cyo�oiPcted Actions Staff has attached three exhibits which include findings and conditions in support of three different actions relative to the subject applications. Should the Planning Commission wish to approve all of the applications as submitted, the findings and conditions set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to approve all of the applications but deny the requested modification for side and rear yard encroachments, the findings and conditions of approval set forth in the attached Exhibit "B" 'are suggested. Should the Planning Commission wish to deny the waiver of combining requirement and the requested modifications but approve Amendment No. 685 and Coastal Residential Development Permit No. 14, the findings set forth in the attached Exhibit "C" are suggested. /Z Planning Commission-10. Fludim. 1, That the waiver of the combining requirement is justified inasmuch as the proposed development of the subject property is intended to be a condominium project which requires the approval and recordation of a tract map prior to occupancy of the project and which will effectively combine the parcels into• a single site. 2, That the provisions of Section 20.87.090 B of the N" Beach Municipal Code provide that the Planning ssion or City Council, on appeal, may impose such conditions as deemed necessary to secure the purpose of Title 20 of the Municipal Code. 3, That the approval of a modification to the Zoning Code so as to allow the proposed side and rear yard setback encroachments will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. COMM. tial ce. th 1. That the approved plot plan, floor ment shall be plsaunss, aannd elevations, ex ept as noted below. That all mechanical trash areas be screened from Carnation equipment Avenue, d shall Seav ew Avenue and adjoining properties. 3. That a tract map be processed and recorded prior to occupancy of the proposed condominiums. That the tract map be prepared so that the bearings relate to the State Plane Coordinate System. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. p• 14 planning Commission -II.. % 5. That each dwelling unit be served with an individual water lateralservice and sewer ic water and sewer systems unlessotherwise appro ed by the e Public Works Department. 0 That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue or the Seaview Avenue frontages. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstructio h be considered in the sight distance requirements. QJandsca within the sight line shall not exceed twenty-four me es in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 9. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any building or grading permits. Any modifications or extensions to the existing storm drain, water 9nd sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That a 10 foot radius comer cutoff at the comer of Seaview Avenue and Carnation Avenue be dedicated to the public on the tract map. 12. That a non-exclusive easement for ingress and egress be dedicated over Carnation Avenue frontage and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation Avenue be dedicated to the City. M• �tp i ;a planning Commission-12. 13. That curb, gutter, sidewalk and pavement be constructed along the Carnation Avenue frontage; that the displaced portions of sidewalk be reconstructed and the existing rick pavers be removed and replaced with landscape or reconstructed on a 4 in. thick concrete base along the Seaview Avenue frontage; that the curb return at the corner of Carnation Avenue and Seaview Avenue be reconstructed using a 20 ft. radius return and incorporating a curb access ramp within it. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plans approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a standard agreement and accompanying surety be provided to guarantee satisfactory completion of the public and private street improvements, if it is desired to obtain a building or grading permit prior to completion of the public improvements. That a minimum 20 ft. clear width be provided in the alley easement located northerly of and parallel to Seaview Avenue. This revision will provide adequate room for vehicles backing from the adjacent garage. The final design of the site plan shall be approved by the Public Works Department. That no guest parking spaces shall be permitted within the rear driveway area. 16. That a minimum 6 ft. rise be provided between the existing alley now line and the high point of the proposed driveway prior to descending into the subterranean garages along the alley unless otherwise approved by the Public Works Department. 17. That Fire Department access shall be approved by the Fire Department. 18. That the entire building shall be sprinklered unless otherwise permitted by the Fire Department. 1g. That the improvements constituting the raised entry and patio for unit "F", which extend into the reqpiredAlo foot rear yard setback, shall not exceed a height o 6 feet easured from existing grade. I" r 20. D. I. 2. Planning Commission-13. That prior to the issuance of building permits, the applicant shall rechall hold ord a en�te untilssu h titime as athe btlect ractpmap or as a single butldmg parcel map is recorded on the property. Approve the Coastal Residential Development Permit with the following findings: That the feasibility analysis has been performed which has indicated that it is not feasible to provide'affordable g on site or off -site in conjunction with the proposed project That the proposed development has met the requirements of the ��, Councsl Policy P-1. A MINUTES COMMISSIONERS September 21, 1989 ViOA10116. V11115\6 -NA I ROLL CALL Motion Ayes Absent 1* CITY OF NEWPORT BEACH roposed amendment involves an expansion and renovation of e:dsting yacht club. Said additions include an expanded Nhth newa7oo. trative offices,expanded kitchen, an k bar, athroomsand a ne 8 basement fDeade usedditionallocker stora a and drye yachrestaurant. LOCATION:\Driv Parcel Map 84-721 (Resubdivision a portion of Block 95 of Irvine's n and a portion of Lots A and B, . 6927, located at 1801 Bayside the southwesterly side of Bayside uthwesterly of El Paseo Drive. ZONE: APPLICANT: O-S Balboa Yacht Nib, Corona del Mar OWNERS: Balboa Yacht Cl \'he County of Orange James Aewicker, Planning Director,t staff hasrequested that this item be continueder5, 1989,Planning Commission meeting. Motion was made and voted on toene 1 PlanAmendment No. 89-2(K) and Use Per(Am de d)to the October 5, 1989, Planninn mee MOTION CARRIED. A Amendment No 685 (Continued Public Hearinel Request to amend a portion of Districting Map No. 17 so as to establish a10 foot frontage of dthe tsub a tack l property;Ca d the tion Avenue (private) g acceptance of an environmental document. AND -16- INDEX Item No-5 A6 85 Waiver of Combining Require. CRDP 14 Approved y � 1i33,i°i 'COM,MISSIONERS " 3' 3, MINUTES September 21, 1989 CITY OF NEWPORT BEACH INDEX NLL CALL u �ila,ve� of rnmbinjag Req�iFemen �gntinued Dicn,ccion� Request to waive the combining of lots requirement in conjunction with the proposed project; and the approval of a modification to the Zoning Code so as to allow an open stairway 10 foot rear setback and to encroach 7 feet into a required yard of the structure to encroach 2 feet into the to allow a portion required 6 foot reverse comer setback adjacent to Seaview Avenue, at the rear of the property. AND c` ('nastai Residential Development Permit No 14 (Discussionl a Coastal Residential Development Permit Request to approve for the purpose of establishing project compliance for a 6 unit residential condominium development pursuant to the Administrative Guidelines for the implementation of the State Law relative to Low -and -Moderate -Income Housing within the Coastal Zone. k 231, LOCATION: ocof an Corona del Mar and portion an abandoned street (Carnation Avenue), located at 2500 Seaview Avenue, on the northeasterly corner of Seaview Avenue and Carnation Avenue, in Corona del Mar. ZONE: R-3 APPLICANT: Carnation Cove, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that the applicant has complied with the requests that were previously made by staff and the Planning Commission at the August 10, 1989, Planning Commission meeting. Mr. David Diem, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". Mr. Diem presented a brief review of -17- COMMISSIONERS IROLL CALL MINUTES September 21, 1989 CITY OF NEWPORT BEACH the application, and he addressed the following concerns that were expressed at the foregoing Planning Commission meeting. Mr. Diem addressed concerns regarding the rear access on the alley portion of the property and the fire lane. He stated that two of the proposed units will require the use of the alley for vehicular access, and he described the design and setback of the four garages that will access off of Carnation Avenue. Mr. Diem stated that the applicants will pay for the striping and signage for the fire lane on Dahlia Place and Dahlia Avenue. Mr. Diem further stated that the applicants will pay for a sign at the corner of Dahlia Place and Dahlia Avenue indicating the private alley has no through access. He addressed the turnaround area that will be provided in the alley to ease the traffic circulation, and he stated that the plans have been modified to allow for a greater backup area out of the garage immediately adjacent to Seaview Avenue. Mr. Diem referred to the letter from Steven Johnson, dated September 16, 1989, on behalf of the China Cove Condominium Association, stating that their previous concerns regarding the establishment of a fire lane have been satisfied and the Association is supporting the project. Mr. Diem addressed the rear stairwell encroachment, and he explained that there will be a four foot access as required by the Fire Department. Mr. Diem addressed the reverse corner setback area, and he described the colored chart that was previously submitted to the Planning Commission depicting the three alternate proposals and how each proposal would affect the adjacent views. Mr. Diem also described each alternative from enlarged photographs taken at the site and what affect the project would have on the neighbors' views from the second and third floors. Mr. Diem submitted photographs depicting how the stakes were placed as requested by the neighbors. Mr. Diem suggested the Planning Commission approve the project with the rear stairwell four foot encroachment and the reverse corner setback, the "purple plan" alternative, the fourth alternative for the reverse comer setback area. He explained that on the third floor of the "purple plan", the setback meets the Code requirement and does not need modification; that the "red plan" on the second floor is below the neighbors' line of sight INDEX M COMMISSIONERS ROLL CALL MINUTES September 21, 1989 CITY OF NEWPORT BEACH and does not have any visual impact; and a modification would be required on the first level adjacent to the neighbors' garages. In response to a question posed by Mr. Hewicker, Mr. Diem submitted and described a photograph of a view from the second floor balcony of the adjacent property. In response to a question posed by Commissioner Debay, Mr. Diem explained that the description of Waiver of Combining Requirement as stated is the original description of the application when submitted by the applicants. William Ward, Senior Planner, explained that the description "to allow a portion of the structure to encroach 2 feet into the required 6 foot reverse corner setback adjacent to Seaview Avenue at the rear of the property", is -red plan alternative. Commissioner Pers6n advised that the Planning Commission not set a precedent by getting involved in the protection of private views and private property. • Chairman Pomeroy and Commissioner Pers6n discussed the amount of involvement the Planning Commission should consider to accomodate a group of citizens who have expressed their concerns regarding view impact. Mr. Diem addressed the description of the modification request in the Wavier of Combining Requirement, and he explained that "open stairway to encroach 7 feet" has been modified to 6 feet. In response to questions posed by Commissioner Debay, Mr. Ward explained that the conditions stated in Exhibit "A" were written as originally proposed by the applicant but the conditions will be revised to reflect the following: ("purple plan alternative" on the third floor, the "red plan alternative on the second floor and the first floor would consist of a four foot setback as originally proposed). Mr. Diem suggested that a condition be added stating that the applicants agree to pay for a fire lane as previously stated. Mr. Michael Mack, 2524 Seaview Avenue, appeared before the Planning Commission. He stated that the proposed project is not setting a precedent, and he supported the modifications that were made to the project. In response to a question posed by Mr. Mack, Mr. Hewicker replied that the photographs on display are part of the public record. -19- INDEX MINUTES COMMISSIONERS CITY ROLL CALL Motion Ayes Absent September 21, 1989 NEWPORT BEACH Mrs. Doris Boisseranc, 2520-2522 Seaview Avenue property owner, resident of 272 Crescent Bay Drive, Laguna Beach, appeared before the Planning Commission. Mrs. Boisseranc described the meeting that the Boisserancs had with Mr. Diem on September 20, 1989, to view the single stake that was erected to indicate the maximum height of the property, the view impact and the overall impact of the project. Mrs. Boisseranc stated that the applicants have satisfied the neighbors' requests; however, she said that they would prefer that the third floor setback be the same as the second floor setback or extend to Carnation Avenue. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Amendment No. 685, Waiver of Combining Requirement, Coastal Residential Development Permit No. 14, and related Environmental Document, subject to the findings and conditions in Exhibit "A". Commissioner Pers6n requested that Condition No. 21, Waiver of Combining Requirement, be added stating '"That the applicant shall stripe and sign the proposed fire lane as may be established by the Newport Beach Fire Department." Commissioner Pers6n requested the "purple plan" alternative on the third floor (11 foot building setback and 6 foot deck setback, within that portion of the property 37 feet from the rear property line), the "red plan" alternative on the second floor (7 foot 6 inch building setback and a 4 foot deck setback, within that portion of the property 27 feet from the rear property line), and the first floor as requested by the applicant (4 foot building setback on the ground level). Chairman Pomeroy expressed appreciation to the applicant modified plan. the Planning Commission's for submitting the improved The foregoing motion was voted on, MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings and requiring the following mitigation measure: Kll INDEX •C.OMMISSIONERS CALL MINUTES September 21, 1989 CITY OF NEWPORT BEACH Finding: 1. That an initial Study and Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K 3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. The project will not have any significant environmental impact. Mitigation Measure: 1. That a photo survey of the existing buildings on the site shall be prepared and donated to the historical photos collection of the Balboa Pavilion prior .to the issuance of demolition permits. B. Amendment No. 685: Recommend approval of Amendment No. 685 to the City Council, with the following findings: 1. That the proposed ten foot front yard setback is the same as other setbacks along Carnation Avenue. 2. That the proposed ten foot setback along the Carnation Avenue frontage of the subject property is compatible with the proposed and allowable scale of development in the R-3 District. C. Waiver of Combining Requirement: Approve the waiver of the combining requirement with the following findings and subject to the following conditions: Findinga 1. That the waiver of the combining requirement is justified inasmuch as the proposed development of the subject property is intended to be a condominium project which requires the approval and recordation of a tract map prior -21- INDEX COMMISSIONERS ,e ON-1\0 . \ :»• ti MINUTES September 21, 1989 CITY OF: NEWPORT BEACH L CALL 2. 3. Con 1. �o 2. 3. 4. 5. to occupancy of the project and which will effectively combine the parcels into a single site. That the provisions of Section 20.87.090 B of the Newport Beach Municipal Code provide that the Planning Commission or City Council, on appeal, may, impose such conditions as deemed necessary to secure the purpose of Title 20 of the Municipal Code. That the approval of a modification to the Zoning Code so as to allow the proposed side and rear yard setback encroachments will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. ii n: That development shall be in substantial conformance with „rthe approved plot plan, floor plans, and elevations, except as noted below. That all mechanical equipment and trash areas shall be screened from Carnation Avenue, Seaview Avenue and adjoining properties. That a tract map be processed and recorded prior to occupancy of the proposed condominiums. That the tract map be prepared so that the bearings relate to the State Plane Coordinate System. That all improvements be constructed as required by Ordinance and the Public Works Department. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. _22_ INDEX :N COIMMIS$IONERS .e' o6 09 IS CITY OF ROLL CALL 6. 8. 9. 10. 11. 12. f i i MINUTES September 21, 1989 NEWPORT BEACH That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. That no diagonal parking will be permitted along the Carnation Avenue or the Seaview Avenue frontages. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any building or grading permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. That County Sanitation District fees be paid prior to issuance of any building permits. That a 10 foot radius corner cutoff at the corner of Seaview Avenue and Carnation Avenue be dedicated to the public on the tract map. That a non-exclusive easement for ingress and egress be dedicated over Carnation Avenue frontage and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation AVenue be dedicated to the City. -23- INDEX 'COmMISSIONERS • • \\`A,�ol`.'td"\�\ MINUTES September 21, 1989 V� CITY OF NEWPORT BEACH INDEX OLL CALL 13. That curb, gutter, sidewalk and pavement be constructed along the Carnation Avenue frontage; that the displaced portions of sidewalk be reconstructed and the existing brick pavers be removed and replaced with landscape or reconstructed on a 4 inch thick concrete base along the Seaview Avenue frontage; that the curb return at the corner of Carnation Avenue and Seaview Avenue be reconstructed using a 20 foot radius return and incorporating a curb access ramp within it. All work shall be completed under an encroachment permit issued by the Public Works Department or by signed plane approved by the City Engineer. All street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. ' 14That a standard agreement and accompanying surety be I /provided to guarantee satisfactory completion of the _ /. public and private street improvements, if it is desired to obtain a building or grading permit prior to completion of the public improvements. Is. That a minimum 20 foot clear width be provided in C the alley easement located northerly of and parallel to Seaview Avenue. This revision will provide adequate room for vehicles backing from the adjacent garage. The final design of the site plan shall be approved by the Public Works Department. That o guest parking spaces shall be permitted with n the r veway area. 16. That a minimum 6 foot rise be provided between the existing alley flow line and the high point of the proposed driveway prior• to descending into the subterranean garages along the alley unless otherwise approved by the Public Works Department 17. That Fire Department access shall be approved by the Fire Department. 18. That the entire building shall be sprinklered unless otherwise permitted by the Fire Department. 19. / That the immppr4ovvveeements constituting the raised entry and pe unit yard which extend into the required foo rear yard setback, shall not exceed g) fo a height of 6 et measured from existing grade. 20. That prior to the issuance of building permits, the applicant shall record a covenant which shall hold' the subject property as a single building site until such time as a tract map or parcel map is recorded on the property. -24- 'COMMISSIONERS • MINUTES' °',MvWONM, \ September 21, 1989 TP CITY OF NEWPORT BEACH INDEX ROIL CALL 21. That the applicant shall stripe and sign the proposed fire lane as may be established by the Newport Beach Fire Department. 22. That the open stairway shall be permitted to encroach 6 feet into the required rear yard setback. 23. That the following setbacks shall be maintained in the reverse corner setback area adjacent to Seaview Avenue, at the rear of the property: a 4 foot building setback on the first floor; a 7 foot 6 inch building setback and a 4 foot deck setback within that portion of the property 27 feet from the rear property line on the second floor; and an 11 foot building setback and a 6 foot deck setback within that portion of the property 37 feet from the rear property line on the third floor. ' " D. Coastal Residential Development Permit: Approve the Coastal Residential Development Permit with the following findings: 1. That the feasibility analysis has been performed which has indicated that it is not feasible to C provide affordable housing on -site or off -site in conjunction with the proposed project. 2. That the proposed" development has met the requirements of the City Council Policy P-1. r Amendment No. 689 (Public Bearing) Item No. 6 A689 Request to amend Title 20 of the Newport Beach Municipal Code so as to establish mixed residential/commercial uses as a permitted use within the Recreational and Marine Continued Commercial" area of the Cannery Village/McFadden Square to Specific Plan Area. IO-5-89 APPLICANT: City of Newport Beach ' -25- I ;non 507 CAKNAncN -CMR4aA 503 CMA'n0;1 501 CA.*4A710N 239 -A,14 ATION FuruRt-reolbc.-r m 66- 508 R-DD�tSSirD 9U6130$1310ChZukTld�1 CAKN7SION 502- CAMWON z - a cA�x�tal01•I Z 0 a u _JI . 111111 - •• 25oD 2502 SEAVIEW SEAVIEW 5EAVIF-L! AVENl1E 2504 Sc'AV1EW 25015EAVIEV 25II 5�VIEW Z520 SEAVIEW TJ�,gcT /y/6 Z. FoRMtR�y KtioWd As 7'Rt PaOPLTy W6TE: zw?. S$AVIEbI f%s ,q-zD REs+S�a TIE NouS� iYl �"i"62S A6o ZSdco s-&4� w &%A1- M Telephone: (714) 644-3200 B :Dana A lam Associate Planner By:scot Ferris Assistant Planner Date: Address RESIDENTIAL ZONING CORRECTIONS Q�J Plan Check No: / 2 l r7 - P 9 By:Cenia Kaznocha Assistant Planner Corrections Required: Legal DescriptionBlock 23 l Section Tract_ Verify legal description with Public Works Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size �/� 0 0 m Zone v - Number of Units (O Buildable Area`S� U l Maximum Structural Area �l (Area including exterior walls, stairway(s) on one level and requ' e� ing). 115 x buildable area. Pro osed Structural Area: x buildable area. Provide tissue overlay ofcalculations verifying proposed square footage. Open Space Area U� cu.ft. (Volume of space equal to buildable width x height limit x sic). This area must be at least six feet in any direction (61x 61x 61), and open on at least two sides, or one side and one end. 5,29110 / Required Setbacks Front Rear _ D / V Side / Note: The following are notIpermitted to encroach into required setback: Balconies Fireplaces Decks Bay/Garden Windows Height Limitation Measured from natural grade to mid -point of roof. Code allows an additional 5'-0" to the ridge height. Allowable mid -point 0� /Z Allowable ridge height �✓ / Dimension all.elevati ns from natural grade to.. i mid-point(s) of roof plane(s) �I ridge(s) of roof plane(s) Remark, abelnat�ira3' grade and finished grad on all elevations. Distance between buildings 4- Maximum Coverage /y Number of Stories Required Parking: clear inside minimum 9'-4" x 19' single space 17'-6" x 19' two spaces 8' x 16' third/fourth spaces(s) F/'/G�fA/,Y Label clear inside dimensions of rovided parking spaces --� Is demolition proposed? � Number of units to be demo lished-2-Z4b'" - Fairshare Contribution bA San Joaquin hills Transportation Corridor Fee Park Dedication Fee N SPECIAL APPROVAL REQUIRED THROUGH: M RM Modifications Committee Modification required fo Planning Commission: Use Permit Variance Resubdivision/Tract Site Plan �ir7Gdh Dili Other w Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans fnVe Pe ph Indicate Modification Approval No. on plans. Coastal Apnro al Required: O 9 'U _ F2 Approval%ln Concept (AIC) No. (Note: File 3 sets of plans: site, floor,' and elevations) Coastal development Permit No. Categorical Exclusion No. (C.E.O.) (Note: Building permits may be issued 10 days following issuance / of C.E.O.) Waiver # Exempt, Because Miscellaneous 1. Provide floor plan(s), fully dimensioned, showing all room uses. 2. Provide plot plan, fully dimensioned, showing: location of all buildings, and distance to property lines. distance from face of curb to front property line (verify with Public Works) second and third floor footprints (if applicable) all projections (i.e. fireplaces, bay windows), label distance(s) to PL(s) n 3. Chimney (and chimney caps etc.) heights permi/t�tned. _only aarrequuiireeeddyby or manufacturer specifications. �d� �(lw n'"�c9&IeO "Arm, 4. Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and emits. Jam/ 5. Association Approval Advisory). Issuance of a Buildin Per it—b_ the City / does not relieve appi-icant of legal requirement to observzcovenant '0 tonditions�n �restrictiono which may be recorded against the property or to o sin communit association approval of plans. C�