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Home My WebLink About01/04/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. Ao DATE: January 4, 1990 CITY OF NEWPORT BEACH 1 ROLL CALL Present Absent I* I *I Commissioner Debay was absent. x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney : x x William R. Laycock, Current Planning Manager Sandra L. Genis, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary x x x 40 Minutes of December 7 1989: Motion Motion was made and voted on to approve the December 7, Ayes * 1989, Planning Commission Minutes. MOTION CARRIED. Absent Abstain * x s x Public Comments: No one appeared before the Planning Commission to speak on non- agenda items. x x : James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, December 1, 1989, in front of City Hall. x x x MINUT of COMMISSIONERS January 4, 1990 MINUTES ' 0 dh CITY OF NEWPORT BEACH ROLL CALL 1 11 Jill I INDEX Request for Continuances: Request for James Hewicker, Planning Director, recommended that Items No. Continuance 13, General Plan Amendment No. 89 -3(E), Traffic Study No. 61, Use Permit No. 991 (Amended), Our Lady Queen of Angels Church, applicant, located at 2046 Mar Vista Drive, and No. 15, Amendment No. 697, to amend Mariner's Mile Specific Plan, be continued to the January 18, 1990, Planning Commission meeting. Motion Motion was made and voted on to continue Items No. 13 and Ayes * * No. 15 to the January 18, 1990, Planning Commission meeting. Absent * MOTION CARRIED. Resubdivision No. 913 (Public Hearing) item No.1 Request to resubdivide an existing lot into a single parcel of land R913 for two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 2, Block 730, Corona del Mar, located at 700 Begonia Avenue, on the northeasterly corner of Begonia Avenue and Fourth Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Wayne Florian, Tustin OWNER: Same as applicant ENGINEER: Duca- McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item, and Mr. Wayne Florian, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. on * Motion was made and voted on to approve Resubdivision No. t * 913, subject to the findings and conditions in Exhibit "A". MOTION CARRIED. -2- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 1. That a parcel map be recorded prior to occupancy unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to the completion of the public improvements. 4. That each dwelling unit shall 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. 5. That the intersections of Fourth Avenue and the alley be designed to provide adequate sight distance. The sight 0 11111111 plane line shall be measured from 5 feet behind street right -of -way at the alley setback line and projected 15 feet -3- COMMISSIONERS January 4, 1990 MINUTES rO ;\k\ 0 & ' CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX along the property line on Fourth Avenue. 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 measured above the street pavement. The existing landscaping and walls in the sight plane shall be removed. 6. That a 10 foot radius corner cutoff at the corner of Fourth Avenue and Begonia Avenue shall be dedicated to the public. 7. That the displaced curb, gutter and sidewalk along Begonia Avenue be reconstructed and the tree root pruned; that the sidewalk be reconstructed along the Fourth Avenue frontage; that the tree damaged curb and gutter be reconstructed and the tree either be root pruned or removed as approved by the Parks, Beaches and Recreation Department on Fourth Avenue. The new curb and gutter may have to be realigned to accommodate the tree if it is to remain. The design shall be approved by the Public Works Department; and that the curb return at the corner of Begonia Avenue and Fourth Avenue be reconstructed on a 20 foot radius with a curb access ramp included. 8. That the Public Works Department plan check and inspection fee be paid. 9. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council, and that the garages and their access shall be subject to further review and approval by the Traffic Engineer. 10. That County Sanitation District fees be paid prior to issuance of any building permits. 11. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning • Commission. -4- COMMISSIONERS January 4, 1990 MINUTES 40 \�N\ \\ CITY OF NEWPORT BEACH ROLL CALL INDEX Resubdivision No. 915 (Public Hearing) item No.2 Request to resubdivide an existing lot into a single parcel of land R915 for two unit residential condominium development on property Approved located in the R -2 District. LOCATION: Lot 6, Block 8, Tract No. 27, located at 3227 Broad Street, on the westerly side of Broad Street, between Westminster Avenue and Bolsa Avenue, in Newport Heights. ZONE: R -2 APPLICANT: Michael P. Conder, Huntington Beach OWNER: Cruzat, Schreiber, Conder, Huntington Beach ENGINEER : Alpine Consultants, Inc., Laguna Hills Commissioner Pers6n stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Michael P. Conder, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. Ayes * 915, subject to the findings and conditions in Exhibit "A'. Absent MOTION CARRIED. FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the -5- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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. 4. The Public Works Department plan check and inspection fee be paid. 5. That curb, gutter and sidewalk be reconstructed along the Broad Street frontage under an encroachment permit issued by the Public Works Department. 6. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. The City may have preliminary improvement plans that may be used as a basis for design. 7. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 8. That a park dedication fee for one dwelling unit shall be • paid in accordance with Chapter 19.50 of the Municipal Code. -6- COMMISSIONERS January 4, 1990 MINUTES IAM \ \� \\ CITY OF NEWPORT BEACH ROLE LL C"C INDEX 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 916 (Public Hearing) Item No.3 Request to resubdivide an existing lot into a single parcel of land R916 for two unit residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 21, Block 431, Corona del Mar, located at 441 Dahlia Avenue, on the southwesterly comer of Dahlia Avenue and Second Avenue, in Corona del Mar. ZONE: R -2 0 1 11 11 APPLICANTS: Richard Hardy and Susan K Bachtelle, Corona del Mar OWNERS: Same as applicants ENGINEER: DMC Engineering, Irvine The public hearing was opened in connection with this. item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. Ayes * * * * 916 subject to the findings and conditions in Exhibit "A ', on the Absent * basis that the applicant be agreeable and willing to be bound by the conditions in Exhibit "A'. MOTION CARRIED. 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the -7- COMMISSIONERS January 4, 1990 MINUTES No 0 '��v A �� O � CITY OF NEWPORT BEACH ROLL CALL INDEX City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by • Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to the completion of the public improvements. 4. That each dwelling unit shall 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. 5. That the intersection of Second Avenue and the alley be designed to provide adequate sight distance. The sight plane line shall be measured from 5 feet behind street right -of -way at the alley setback line and projected 15 feet along the property line on Second Avenue. 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 measured above the street pavement. 6. That a 10 foot radius comer cutoff at the comer of Second Avenue and Dahlia Avenue shall be dedicated to the public. -8- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That the displaced curb, gutter and sidewalk along Dahlia Avenue be reconstructed and the tree root pruned; that the sidewalk be reconstructed along the Second Avenue frontage and that the curb return at the corner of Dahlia Avenue and Second Avenue be reconstructed to include a curb access ramp. The existing curb return is constructed on a 15 foot radius. 8. That the Public Works Department plan check and inspection fee be paid. 9. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 10. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 11. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 1950 of the Municipal 40 Code. 12. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Tentative Map of Tract No 14162 (Public Hearine) Item No.4 Request to subdivide portions of four existing lots and a portion TTm14162 of an abandoned street into a single lot for a 6 unit residential condominium development on property located in the R -3 AppEoved District. 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 _9_ COMMISSIONERS January 4, 1990MINUTES 'd d CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Carnation Cove, Newport Beach OWNER: Same as applicant ENGINEER: Psomas and Associates, Costa Mesa The public hearing was opened in connection with this item, and Mr. David Diem, representing the applicant, appeared before the Planning Commission. Mr. Diem concurred with the findings and conditions in Exhibit "A ". Mr. Diem requested that Condition No. 15 be corrected to state 'That a minimum 6 'inch' rise be provided"... . There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Tentative Map of Ayes Tract No. 14162 subject to the findings and conditions in Exhibit Absent "A ", including corrected Condition No. 15. MOTION CARRIED. • Findings. 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed subdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: • 11111111 1. That a final map shall be recorded prior to occupancy and that the final map be prepared using the State Plane Coordinate System as a basis of bearing. -10- COMMISSIONERS January 4, 1990 MINUTES ,o 0� CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each dwelling unit he 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. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the final map. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record the final map prior to completion of the public improvements. • 7. 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 obstructions 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. 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 and sewer systems shown to be required by the study shall be the • responsibility of the developer. -11- COMMISSIONERS January 4, 1990 MINUTES e0 0 �0 CITY OF NEWPORT BEACH ROLL CALL INDEX 10. 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. 11. That a non - exclusive easement for ingress and egress be dedicated over the 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. 12. 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 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. 13. That a minimum 20 foot clear width be provided in the private 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. 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. 15. That a minimum 6 inch 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. -12- COMMISSIONERS January 4, 1990 MINUTES A � PD \ A ' CITY OF NEWPORT BEACH ROLL CALL INDEX 16. That Fire Department access shall be approved by the Fire Department. 17. That any future development of the site be sprinklered unless otherwise permitted by the Fire Department. 18. The applicant shall record a covenant which shall hold the subject property as a single building site if it is the desire of the applicant to obtain building permits prior to the recordation of the final map. 19. That all other previous applicable conditions of approval for Waiver of Combining Requirement, Coastal Residential Development Permit No. 14 and related environmental document, approved by the Planning Commission on September 21, 1989, shall be fulfilled. 20. That this subdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an • extension is granted by the Planning Commission. A Traffic Study No. 64 (Public Hearin) item No.5 Request to approve a traffic study so as to permit the Ts 64 construction of 8,750± square feet of commercial space and 4 R914 dwelling units on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Approved Specific Plan; and the acceptance of an environmental document. AND B. Resubdivision No. 914 (Public Hearin) Request to resubdivide a portion of one lot and four other lots into a single parcel of land for mixed commercial /residential development on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan. LOCATION: A portion of Lot 10, and all of Lots 11 -14, • Block 227, Section A, Newport Beach, located at 2807 -2815 Newport Boulevard, on -13- COMMISSIONERS January 4, 1990 MINUTES d+ o� A CITY OF NEWPORT BEACH ROLL CALL INDEX the northerly side of 28th Street, in the Newport Boulevard Island, in the Cannery Village /McFadden Square Specific Plan Area ZONE: SP -6 APPLICANT: Newcomb Development, Inc., Newport Beach OWNER: Same as applicant ENGINEER: K.W. Lawler and Associates, Inc., Tustin The public hearing was opened in connection with this item, and Mr. John Newcomb, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". Mr. Newcomb stated that the applicants intend to request that the City Council consider the waiver of the park dedication fee inasmuch as the four apartment units being proposed are intended to be low or moderate income units and the City Council has the discretion to waive said fee. Commissioner Glover referred to Mitigation Measure No. 1 in Exhibit "A" with regard to noise barriers, and she asked if the applicants intend to construct walls around the proposed development. Mr. Newcomb explained that the four residential units will not be walled; however, the construction of the units will comply with the 65 CNEL requirement. In response to a question posed by Commissioner Glover with regard to trash, Mr. Newcomb explained that the enclosed trash area will be installed within the parking lot area that is proposed to be in the middle of the project. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Traffic Study No. 64, Ayes * * * * * Resubdivision No. 914 and related environmental document Absent subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. i -14- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX A. Environmental Document Findings: 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. That based on the information contained in the environmental document, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Mitigation Measures: i1. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 -foot high noise barriers. The noise barrier shall be continuous (no opening or gaps) and have a minimum density of 3-5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glass, 5.8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 2. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a qualified engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to Newport Boulevard. 3. All units that have a window exposed to Newport Boulevard, shall be required to install mechanical -15- COMMISSIONERS ROLL CALL January 4, 1990 MINUTES CITY OF NEWPORT BEACH ventilation. Air conditioning is an acceptable substitute for mechanical ventilation as long as it meets the Uniform Building Code requirements. 4. Prior to issuance of an occupancy permit, the City Engineer shall require that an acoustical analysis be conducted by a qualified engineer practicing in acoustics (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 5. The lighting system shall be designed, directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed by a licensed Electrical Engineer; with a letter stating that, in his opinion, this requirement has been met. B. Traffic Study No. 64: Fin in 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and Council Policy S -1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. C. Resubdivision No. 914: Findin¢s: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed resubdivision. -16- INDEX COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ■ ROLL CALL I I I 1 1 1 1 1 I INDEX • • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That the traffic congestion during the summer months (June 1 through September 15) and during Easter Vacation ( one week before and one week after Easter) is significant and any major truck haul operation during this time would further congest the traffic to an unacceptable level. 5. That this area has significant pedestrian traffic which require that sidewalks remain open during construction operations. 6. That the proposed resubdivision presents no problems from a planning standpoint. 7. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to the issuance of building permits and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That each building and 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. -17- COMMISSIONERS January 4, 1990 MINUTES � d �� 0 �0 � CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map prior to completion of the public improvements. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 7. That a park dedication fee for four dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code unless otherwise waived by the City Council. 8. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. 9. That the intersection of the streets and drives be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty- four inches in beight. The sight distance requirement may be modified at non - critical locations, subject to approval of the City Traffic Engineer. 10. That a 15 foot radius corner cutoff at the comer of 28th Street and Newport Boulevard (northbound) and at the corner of 28th Street and Newport Boulevard (southbound) shall be dedicated to the public. 11. That curb, gutter and full width sidewalk be reconstructed along the Newport Boulevard frontage (northbound); that the deteriorated and displaced sections of sidewalk and curb and gutter be reconstructed along the 28th Street frontage; that the curb returns at the intersection of 28th Street and Newport Boulevard (northbound) and the intersection of 28th Street and Newport Boulevard (southbound) be reconstructed to a 20 foot radius • including curb access ramps per City Standard 181 -L. The reconstruction of the curb return at 28th Street and -18- COMMISSIONERS January 4, 1990 MINUTES � d �O �� CITY OF NEWPORT BEACH ROLL CALL 111 Jill INDEX Newport Boulevard (northbound) will require relocation of existing traffic signals. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk along the Newport Boulevard frontage (southbound); that street lights be constructed per current City standards along the 28th Street and Newport Boulevard frontages as required by the Public Works Department; and that all street, drainage and utility improvements plans be prepared by a licensed civil engineer. 12. That the Public Works Department plan check and inspection fee be paid. 13. That the Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110-L 14. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment • and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction, storage or delivery of materials shall be allowed within the Newport Boulevard right -of -way. Prior to issuance of any grading permits, a parking plan showing how workers will be able to park without using on- street parking must be submitted and approved by the Public Works Department. 15. That no earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips/hour by trucks with more than 3 axles be scheduled to occur between June 1 and September 15, and one week before and after Easter. 16. That any proposed underground building construction shall be setback from the sidewalk a sufficient distance to allow the sidewalk to remain in service during construction and that no tie backs or foundations be constructed in the public right -of -way. • 17. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, -19- COMMISSIONERS January 4, 1990 MINUTES � 0 po I �� .4 O CITY OF NEWPORT BEACH ROLL CALL INDEX along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. 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. 18. That an agreement for maintenance of non - standard improvements be executed by the developer if special textured sidewalk or other non - standard improvements are proposed to be constructed within the public right -of -way around the development. The design of all non - standard improvements shall be approved by the Public Works Department. 19. That a maximum of two driveways shall be permitted on each of the northbound and southbound frontages of Newport Boulevard and no driveways shall be permitted on 28th Street. • 20. That all access and parking for the proposed development shall be subject to further review of the City Traffic Engineer. 21. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No 1546 (Amended)(Public Hearing) Item No.6 Request to amend a previously approved use permit which UP1546 (A) allowed the establishment of the Harbor Day School, on property located in the R -3 -B District. The proposed amendment involves Approved a request to permit the construction of three new classrooms, the expansion of two existing classrooms, the construction of a new storage room, the expansion of an existing storage room, and the construction of various mechanical rooms. LOCATION: Parcel No. 2, Parcel Map 35 -2 (Resubdivision No. 287), located at 3443 Pacific View Drive on the southerly side of Pacific View Drive, easterly of Marguerite Avenue, in Corona del Mar. -20- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ■ ROLL CALL 1 1 1 1[ 1 1 1 I INDEX ZONE: R -3 -B APPLICANT: Harbor Day School, Corona del Mar OWNER: Same as applicant James Hewicker, Planning Director, stated that the Police Department indicated its concern with regard to the existing on- site loading and unloading of students in the mornings and afternoons and what affect the proposed project would have if additional employees and students were contemplated. Mr. Hewicker stated that the applicants have indicated there is no intent to increase the number of employees and students; however, he pointed out that the facility has expanded further than what was originally anticipated by the applicants. In response to questions posed by Commissioner Merrill with regard to the loading and unloading of students on Pacific View Drive and San Joaquin Hills Road, Mr. Hewicker explained that designated students are loaded and unloaded on said streets. Mr. Hewicker further explained that a gate has been constructed to accommodate the students on San Joaquin Hills Road. Don Webb, City Engineer, explained that the width of San Joaquin Hills Road accommodates the loading zone; however, he said that in the future the loading area may be prohibited. The public hearing was opened in connection with this item, and Mr. John Marder, Headmaster, appeared before the Planning Commission on behalf of the applicant wherein he concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Chairman Pomeroy, Mr. Marder replied that the driveway is currently double stacked to accommodate the loading and unloading of students. In response to questions posed by Commissioner Merrill, Mr. Marder stated that the facility encourages car pooling whenever possible; that the school has no intention of expanding; and the class sizes are limited to a maximum of 23 students per class. In response to questions posed by Chairman Pomeroy, Mr. Marder replied that the current enrollment is 396 students and the school would agree to a condition that would limit the number of students to 400. -21- COMMISSIONERS January 4, 1990 MINUTES \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLLCALL1111 Jill I INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 1546 (Amended) subject to the findings and conditions in Exhibit W. Commissioner Pers6n stated that it would be difficult to monitor the number of students attending the school, and he referred to Condition No. 8 which gives the Planning Commission an opportunity to review the use permit if there are problems concerning Harbor Day School that would be detrimental to the community. Commissioner Edwards supported the motion and he concurred with Commissioner Pers6n's foregoing statement. Chairman Pomeroy stated that the public record indicates that the facility has agreed to limit the number of students, and he agreed with Commissioner Pers6n that it would be difficult to monitor the number of students. Commissioner Glover supported the motion on the basis that the school is an asset to the community, and she said the number of students should not be restricted. Ayes * Motion was voted on to approve Use Permit No. 1546 Absent (Amended) subject to the findings and conditions in Exhibit 'W'. MOTION CARRIED. Finding 1. That the proposed use is consistent with the Iand Use Element of the General Plan and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. I I I I I 13. That the use of on- street parking for some of the school staff and visitors will not adversely affect surrounding • I( I I I I I I properties inasmuch as they are uses (Pacific View Memorial Park and Bayport Apartments) which have a very low parking demand during the day. -22- COMMISSIONERS January 4, 1990 MINUTES 0\ CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That the proposed additions to the subject property will not result in the increase of any staff or students at the facility. 5.. That public improvements may be required of the applicant per Section 20.80.060 of the Municipal Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1546 and subsequent amendments approved on September 21, 1972, and May 17, 1983 shall remain in effect. 3. That all outdoor storage and trash areas shall be screened from view from Pacific View Drive and adjoining properties. 4. That a minimum of 29 standard size parking spaces and 1 handicapped parking space shall be provided on -site. The required handicapped parking space shall be used solely for handicapped self - parking and shall be identified by a handicapped sign on a post and a handicapped sign on the pavement. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. That the displaced and tree damaged portions of sidewalk be reconstructed and the tree roots premed along the Pacific View Drive frontage under encroachment permit issued by the Public Works Department. 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend -23- COMMISSIONERS January 4, 1990 MINUTES ` d d� rn ` CITY OF NEWPORT BEACH ROLL CALL INDEX to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No 1977 (Amended)(Public Hearing) Item No.7 Amend a previously approved use permit which permitted the JP1977A expansion of an existing restaurant with on -sale alcoholic %ppr,ved beverages, tandem parking spaces and a valet parking service, on property located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to include live entertainment. Said live entertainment will include a 3-4 piece calypso style group on weekend afternoons and a 3 piece group on a nightly basis. LOCATION: A portion of Lot A, Tract No. 919, located at 2332 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Robert D. Harritt Jr., Huntington Beach OWNER: Sadie M. Stegman, Newport Beach The public hearing was opened in connection with this item, and Mr. Robert D. Harritt, Jr., applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. -24- COMMISSIONERS January 4, 1990 MINUTES a ��\ CITY OF NEWPORT BEACH ROLL CALL INDEX Motion Motion was made and voted on to approve Use Permit No. 1977 Ayes (Amended) subject to the findings and conditions in Exhibit W. No MOTION CARRIED. Absent FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the parking lot restriping will adequately serve the existing restaurant facility. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.80.060.of the Municipal Code. 6. That the waiver of development standards as they pertain to traffic circulation, walls, parking lot illumination and underground utilities will not be detrimental to the adjoining properties. 7. The approval of Use Permit No. 1977 (Amended) 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. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and parking layout except as noted below. 2. That the required parking spaces shall be provided on -site • and that the parking be provided at one space for each 40 square feet of "net public area" (67 spaces). -25- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL 3. That all previous applicable conditions of approval of Use Permit No. 1977 shall remain in effect. 4. That the "net public area" of the restaurant facility shall not exceed the permitted 2,654 sq.ft. unless an amended use permit is approved by the Planning Commission. 5. That restaurant development standards pertaining to traffic circulation, walls, parking lot illumination, and underground utilities shall be waived. 6. That a flared concrete drive apron per City Standard 166- L be constructed along the West Coast Highway Frontage as required in the original Use Permit No. 1977. This work shall be completed within 90 days of the approval of the subject use permit amendment unless otherwise approved by the Public Works Department, under an encroachment permit issued by the California Department • of Transportation. 7. That prior to the implementation of the live entertainment, the applicant's leasehold interest in the additional 12 feet of right -of -way along the southerly boundary of the property shall be dedicated to the public to allow for the widening of West Coast Highway. 8. That Coastal Commission approval shall be obtained prior to the implementation of the live entertainment in the restaurant facility. 9. That dancing shall not be permitted in the restaurant unless an amendment to this use permit is approved. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. That the parking lot layout shall be prepared and the striping shall be marked with approved traffic markers or painted white lines not less than 4 inches wide and shall be approved by the City Traffic Engineer. • I I I I I I I 111. That the required number of handicapped parking spaces shall be designated solely for handicapped self - parking and shall be identified in a manner acceptable to the City -26- INDEX COMMISSIONERS January 4, 1990 MINUTES \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLLCALL111 Jill I INDEX Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each parking space. 12. That the hours of operation shall be limited between the hours of 7:00 am. and 2:00 a.m. daily. 13. That no outdoor sound or paging system shall be permitted. 14. That all music and live entertainment shall be limited to a quartet and that all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant shall remain closed during such activities. 15. That the Planning Commission may add to or modify conditions of approval to the use permit, or recommend is to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 16. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. • _27_ COMMISSIONERS January 4, 1990 MINUTES A 1\'k\ CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3161 (Amended)(Public Hearing) stem No. s Request to amend a previously approved use permit which I UP3161A permitted the construction of additions and improvements to the Newporter Resort Hotel in the Unclassified District. The Approved proposed amendment includes a request to construct a 1,722± square foot addition to the existing housekeeping facilities at the hotel. LOCATION: Parcels 1 and 2, Parcel Map 17 -3, located at 1107 Jamboree Road, northwesterly of the intersection of Jamboree Road and Back Bay Drive. ZONE: Unclassified APPLICANT: Hyatt Newporter, Newport Beach OWNER: CSL Newporter Ltd., Newport Beach . The public hearing was opened in connection with this item, and Mr. Paul Crouch, appeared before the Planning Commission on behalf of the applicant wherein he concurred with the findings and conditions in Exhibit "A". In response to a question posed by Commissioner Edwards, Mr. Crouch replied that the storage area will not require additional personnel. There being no others desiring to be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3161 Ayes * (Amended) subject to the findings and conditions in Exhibit "A ". Absent * MOTION CARRIED. FINDINGS: 1. The proposed hotel expansion is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. • 2. The project will not have any significant environmental impact. -28- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH E ROLL CALL I I J J i l l I I INDEX • 0 3. That the proposed addition is solely for additional storage for the existing support facilities and will not create any additional parking demands. 4. The approval of Use Permit No. 3161 (Amended) 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. 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 3. That all construction shall be in compliance with Uniform Building Code and all applicable codes. 4. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 5. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. _29_ COMMISSIONERS January 4, 1990 MINUTES i CITY OF NEWPORT BEACH ROLL CALL • RIM '� 1' 17, r T Request to amend a previously approved use permit which permitted the establishment of a retail sales facility specializing in the sales and installation of automotive electronics and accessories. The proposed amendment involves a request to amend certain conditions of the original use permit regarding the number and location of off - street parking and to permit additional service bays on the property. LOCATION: A portion of Lot F, Tract No. 919, located at 2906 West Coast Highway, on the northerly side of West Coast Highway, between North Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANTS: Nancy and Robert Clark OWNER: Robert Brandy, Pauma Valley In response to Commissioner Edwards' request for an updated report with regard to the applicants' compliance with the conditions in the original Use Permit No. 3321, James Hewicker, Planning Director, explained that no changes in the conditions have been made since the staff report was written. Mr. Hewicker advised that subsequent to the Planning Commission recommending revocation of the original Use Permit No. 3321 to the City Council on October 5, 1989, the City Council entered into an agreement with the applicants dated November 15, 1989, stating that the applicants must comply with specific conditions so as to allow the establishment to continue to operate at the subject site. Mr. Hewicker commented that the terms and conditions of the agreement have been fulfilled including the subject application to file an amendment to the original use permit. I I I I I I ( Mr. Hewicker addressed staff's concerns with regard to on -site parking for the customers and employees in conjunction with the proposed expanded operation on -site. • In response to questions posed by Commissioner Glover, William Laycock, Current Planning Manager, stated that the applicants have requested three new installation bays. Mr. Hewicker -30- INDEX Item No.9 UP3321A Approved COMMISSIONERS January 4, 1990MINUTES CITY OF NEWPORT BEACH E ROLL CALL 1 1 1 (III I 1 INDEX explained that the area occupied by the service bays was not calculated in the parking requirement inasmuch as the retail sales are located only in the showroom. Discussion ensued with regard to a customer requesting only the installation of equipment. In response to a question posed by Chairman Pomeroy with regard to the chain located on the premises, Don Webb, City Engineer, replied that the chain across the driveway could be removed. The public hearing was opened in connection with this item, and Mr. Ted Dean, 2678 Raven Circle, Corona, appeared before the Planning Commission on behalf of the applicants. Mr. Dean stated that the chain was installed to keep the public from driving to the rear of the facility. Chairman Pomeroy commented that when the chain is installed across the driveway it is necessary to back a vehicle directly out on to West Coast Highway. • Mr. Dean commented that the custom business does not compete with large establishments that serve the general public. Mr. Dean stated that additional parking spaces could be provided if a 450 square foot service bay were eliminated. He explained that two service bays have been enclosed to comply with the conditions imposed by the City. In response to a question posed by Mr. Hewicker, Mr. Dean replied that with very few exceptions the applicant does not install equipment that is not sold on the premises. Mrs. Nancy Clark, applicant, appeared before the Planning Commission. In response to a question posed by Commissioner Merrill with regard to keeping the parking space located directly in front of the building open for customers, Mrs. Clark explained that occasionally an employee will park in said parking space. Mrs. Clark commented that the employees generally park at the rear of the building. Commissioner Di Sano addressed his concerns with regard to the size of the site, and if the site is capable of allowing the establishment to function in the manner the applicants wish to • I I I I I I I I operate the business. Mrs. Clark replied that the applicants do not intend to expand the business further than the requested service bays. In response to a question posed by Commissioner -31- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Di Sano with regard to the parking layout, Mrs. Clark replied that a service bay could be eliminated and a parking space added. Discussion ensued regarding the procedure that is taken after an automobile is dropped off for equipment installation. Mrs. Clark explained that customer appointments are arranged in a manner that automobiles are not parked waiting for equipment installation, that one installer is employed per service bay, and the applicants provide a service wherein automobiles are picked up and delivered to the customer. In response to questions posed by Commissioner Glover, Mrs. Clark stated that the business employs seven employees, including the applicants. Mr. Hewicker stated that the proposed expansion consists of 13 parking spaces including the service bays or 8' parking spaces not including the service bays. Mr. Laycock referred to staff's recommended alternative parking plan that would provide 8 parking spaces for employees and 4 customer • parking spaces, including 1 handicapped parking space, but not including the service bays. Mrs. Clark stated that two ,outside salesmen and customers park at the side of the building. In response to questions posed by Commissioner Merrill regarding the parking spaces, Mr. Dean stated that he preferred staffs alternative parking plan inasmuch as said plan provides 12 parking spaces including 1 handicapped parking space. He said that said plan provides 7 parking spaces at the rear of the building and 5 parking spaces in the front of the building. Discussion ensued between Mr. Dean and the Planning Commission with regard to the number of existing service bays, parking spaces, and employees. In response to a request for clarification posed by Commissioner Glover, Mrs. Clark replied that the facility does not provide body work within the installation bays, and the business only installs equipment that the operation sells retail. In response to a question posed by Chairman Pomeroy, Mr. Dean replied that installation of equipment in large motor vehicles is accomplished at another site. Commissioner Edwards addressed Condition No. 4 in Exhibit "A" with regard to the number of parking spaces. Mr. Laycock -32- COMMISSIONERS January 4, 1990 MINUTES ,� o ° . `�� A �� CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX explained that said condition relates to the alternate parking plan as proposed by staff. 12 parking spaces, including 2 tandem parking spaces at the rear of the site, 2 parking spaces (nos. 8 and 9) between the buildings, and the handicapped parking space would be installed in the driveway. Mr. Laycock explained that when West Coast Highway is widened, that Parking Space No. 12 indicated on the Alternative Parking Plan would be eliminated. Chairman Pomeroy stated that the 12 parking spaces would be in addition to the 5 service bays. Mr. Laycock further commented that the applicants informed staff that 8 employees are proposed at a future time. In response to a question posed by Commissioner Di Sano, Mrs. Clark explained that when staff originally requested the number of employees, she responded 8 employees inasmuch as she was anticipating an additional employee in the future. In response to a request for clarification posed by Commissioner Merrill, discussion ensued with regard to the Alternate Plan consisting of 5 service bays, 12 parking spaces, maximum • consideration of 8 employees, and the elimination of one parking space when West Coast Highway is widened. Mr. Laycock explained that 4 parking spaces would be available for customers with the Alternate Parking Plan until one of said spaces were eliminated with the widening of West Coast Highway. Commissioner Glover addressed her concern that the applicants have requested to expand the business by amending the use permit when, in fact, the applicants did not comply with the conditions of the original use permit. In response to a question posed by Chairman Pomeroy, Mr. Dean stated that the applicants would agree to eliminate one service bay so as to provide one additional parking space. Discussion ensued between Commissioner Merrill and Mr. Hewicker with regard to the installation of equipment in the outside areas, and the number of proposed service bays. Robin Flory, Assistant City Attorney, stated that the applicants apparently did not understand the time frame to accomplish the conditions of approval in the original use permit, and she suggested that a time frame be considered in the conditions of approval if the Planning Commission approves this application. Mr. Laycock referred to Condition No. 8 in Exhibit "A" with -33- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX regard to the approval of the Coastal Commission prior to the issuance of building permits and the implementation of the use permit. Mr. Hewicker stated that the applicants received approval of the original use permit from the Coastal Commission, and the driveway was recently installed onto West Coast Highway in accordance with the agreement with the City Council. Mr. Dean stated that the applicants have read and concur with the findings and conditions in Exhibit W. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed his concerns regarding the number of required parking spaces. He pointed out that the applicants have requested to amend the original use permit which would intensify the business use, and he requested that one service bay be eliminated so as to add two parking spaces. Dr. VanderSloot suggested that all of the employees be required to park in the adjacent Municipal Parking Lot which would leave all of the on -site parking spaces for customers. • Commissioner Pers6n responded that the employees would park in the neighborhood instead of the Municipal Parking Lot. Mrs. Janine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association's recommendation that one of the service bays be eliminated so as to provide additional parking spaces. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano stated that it would be imprudent to permit the applicants additional service bays than the original use permit so as to expand the business inasmuch as the site is too small for the existing activity on -site. Commissioner Pers6n addressed the agreement between the City Council and the applicants, and he asked if it would be possible to refer the application to the City Council without action. Mrs. Flory affirmatively replied. Commissioner Di Sano stated that he would support the recommendation to refer this matter to the City Council without • action. -34- COMMISSIONERS January 4, 1990 MINUTES 10 �\� CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a request posed by Commissioner Glover regarding Exhibit "A ", Mr. Laycock stated that the approval of Exhibit "A" would allow 5 service bays inasmuch as Condition No. 1 states that the proposed project shall be in substantial conformance with the approved alternative site plan which includes tandem parking spaces at the rear of the building and 5 service bays proposed by the applicant. In response to Commissioner Glover's concern with regard to the number of proposed service bays, Mr. Hewicker suggested that a condition could be added indicating that two service bays could be converted to parking spaces. Mr. Laycock commented that the business was allowed only two covered service bays originally, but additional installation activities were illegally conducted outside. Motion Commissioner Pers6n made a motion to forward Use Permit No. 3321 (Amended) to the City Council with no action. Chairman Pomeroy suggested that the Planning Commission make recommendations to the City Council. Discussion ensued between Chairman Pomeroy and Commissioner Pers6n regarding the intensity of development on the site. Chairman Pomeroy agreed to not encourage the intensity of the use; however, he suggested that a condition be added that would require the parking lot restriping to occur before arty construction commences, and that 5 service bays should not be allowed. Commissioner Pers6n commented that the business demands more service bays, and he stated his concern that the installation of equipment could occur illegally outside. Commissioner Edwards supported Chairman Pomeroy's foregoing statements. Substitute Substitute motion was made to approve Use Permit No. 3321 Motion (Amended) subject to the findings and conditions in Exhibit "A ", including conditions to reduce the number of service bays from 5 to 3, and a corresponding increase in parking, and that restriping the parking lot occur prior to the new construction. Mr. Hewicker suggested that the 2 service bays at the rear of the property be eliminated so that the 3 service bays at the front of the property could be inspected more easily by Code Enforcement personnel. Chairman Pomeroy concurred with the • suggestion. Commissioner Di Sano supported the motion to forward the -35- COMMISSIONERS January 4, 1990 MINUTES �60� . O� �0� �� \ CITY OF NEWPORT BEACH ROLL CALL INDEX amended use permit back to the City Council on the basis that no recommendation only permits the applicants to abide by the original use permit. He stated that the applicants have outgrown the location and the motion directs the City Council to make the final decision. In response to a question posed by Commissioner Merrill, Mr. Hewicker replied that the 3 covered service bays at the front of the property would be easier to monitor than not being specific about what service bays could be used. Commissioner Merrill concurred, and he said that 3 bays would also limit the number of employees. Ayes Substitute motion was voted on to approve Use Permit No. 3321 Noes (Amended) subject to the findings and conditions in Exhibit W, Absent * including the foregoing condition. SUBSTITUTE MOTION CARRIED. Fin i • 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed project. 3. The approval of Use Permit No. 3321 (Amended) with suggested tandem parking for employees 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. Conditions: 1. That the proposed project shall be in substantial conformance with the approved alternative site plan approved by the Planning Commission at its January 4, 1990 meeting. 2. That the on -site vehicular and pedestrian circulation -36- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX system be subject to further review and approval by the City Traffic Engineer. Said parking areas shall be fully paved and appropriately striped in accordance with the approved parking plan, prior to the new construction. 3. That all previous applicable conditions of approval for Use Permit No. 3321 shall be fulfilled. 4. That a minimum of 14 parking spaces shall be provided on -site for employee and customer parking except that when West Coast Highway is widened only 13 on -site parking spaces shall be required for such purposes. (Two of the required parking spaces shall be located in the rear building where the two service bays were eliminated by the Planning Commission). Installation bays shall not be included in the provision of required on -site parking. 5. That all installation activities shall be conducted within a building. The alarm systems shall not be sounded in the installation bay unless a mute device is installed in each case. That all stereo music shall be confined to the interior of the building. 6. That one handicapped parking space shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 7. That no auto detailing or window tinting activities shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 8. That the applicants shall obtain the approval of the Coastal Commission prior to the issuance of building permits and the implementation of this use permit. 9. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental • to the health, safety, peace, morals, comfort, or general welfare of the community. -37- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL I Jill 111 INDEX 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 11. The number of service bays shall be reduced from 5 to 3 bays. The 2 propose service bays at the rear of the property shall be eliminated. The Planning Commission recessed at 8:50 p.m. and reconvened at 9:00 p.m. A. Use Permit No 3368 (_Public Hearing) Item No.10 UP3368 Request to permit the construction of a ten unit residential condominium development and related garages, on property • located in the Unclassified District; and the acceptance of an R910 environmental document. AND roved B Resubdivision No 910 f Public Hearing) Request to resubdivide an existing parcel of land into a single parcel for a 10 unit residential condominium development on property located in the Unclassified District. LOCATION: A portion of Lot 47, Newport Heights, located at 2421 16th Street, on the southwesterly side of 16th Street, between Tustin Avenue and Irvine Avenue. ZONE: Unclassified APPLICANT: Thompson Investment Co., Irvine OWNER: Same as applicant James Hewicker, Planning Director, addressed the development standards in the MFR District and the R -3 Distria He said that the application was submitted to the City before the MFR -38- COMMISSIONERS January 4, 1990 MINUTES 0 \ �� Aft CITY OF NEWPORT BEACH ROLL CALL INDEX regulations were approved by the City Council. Mr. Hewicker stated that the two areas that the development does not conform with the MFR standards are in the side yard setbacks and the open space at the rear of the lot. Mr. Hewicker stated that the square footage provided in the side yard and the open space exceed what would be required under the R -3 and the MFR standards. He said there is a concern on lots designated for the MFR District with regard to the open space on the rear one- half of the lot, and he explained that the applicants are providing 25 percent of open space at the front and rear of the property. Mr. Hewicker concluded that the applicants have developed a project that would be adequate. The public hearing was opened in connection with this item, and Mr. Jim Thompson, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A". Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot supported the project inasmuch as the development will not be constructed to the maximum requirements. Dr. VanderSloot commented that the General Plan designated the subject parcel for the MFR District; however, the zoning is Unclassified. He suggested that a zoning designation be determined, and he explained that if the project were designated MFR that the project would require more open space at the rear portion of the property. Dr. VanderSloot commented that a two story structure would be detrimental to the privacy of the neighbors; however, he explained that the neighbors to the rear of the property have not objected to the proposed project. In response to a question posed by Dr. VanderSloot, Robin Flory, Assistant City Attorney, explained that the intention is to make the zoning comply with the General Plan designation. Mrs. Flory further explained that an Unclassified zone is under the provisions of a use permit, and the Planning Commission has the discretion to apply the MFR standards but not the obligation. Dr. VanderSloot suggested that the Planning Commission consider adding Condition No. 10 to Use Permit No. 3368, Exhibit "A ", as stated in the staff report: "That the proposed project shall conform with the provisions of Section 20.19 of the -39- COMMISSIONERS January 4, 1990 MINUTES � � o CITY OF NEWPORT BEACH ROLL CALL LLI INDEX Municipal Code, Multi - Family Residential (MFR) District. ". He explained that he is not concerned with the subject project as much as he is concerned with other projects that have come before the Planning Commission recently, and there should be more definite regulations in effect at the time the projects are being considered for approval. Mrs. Janine Gault, 406 San Bernadino Avenue, appeared before the Planning Commission on behalf of the Newport Heights Community Association where she stated that said Association supports the project. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3368, Ayes * * Resubdivision No. 910, and related environmental document Absent subject to the findings and conditions in Exhibit W. MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 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. B. Use Permit No. 3368: Approve the use permit with the following findings and subject to the following conditions: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. That the project will comply with all applicable standard • plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at -40- COMMISSIONERS January 4, 1990 MINUTES rO o�, �� CITY OF NEWPORT BEACH ROLL CALL INDEX the time of approval. 3. That the project as conditioned, is consistent with the adopted goals and policies of the Land Use Element of the General Plan. 4. That adequate on -site parking spaces are available for the proposed residential condominium development. 5. That the approval of Use Permit No. 3368 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevation, except as noted below. 2. That at least two garage spaces plus a minimum 0.5 guest parking spaces for each dwelling unit shall be provided for the project. 3. That all conditions of approval of Resubdivision No. 910 shall be fulfilled. 4. That all mechanical equipment and trash areas shall be screened from 16th Street and adjoining properties. 5. That one of the four open parking spaces located at the rear of the property shall be designated as a turnaround and posted as no parking at any time to the satisfaction of the City Traffic Engineer. 6. That the on -site vehicular and pedestrian circulation system shall be subject to further review by the City Traffic Engineer. 7. That the block wall located on the northwesterly side property line shall not encroach into the vehicular access • easement granted to the adjoining property. 8. That any proposed landscaping adjacent to the public -41- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL I if fill INDEX 19. right -of -way be approved by the Public Works Department. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. C. Resubdivision No. 890: Approve the resubdivision with the following findings and subject to the following conditions: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • 3. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map shall be recorded prior to the issuance of building permits unless otherwise approved by the Public Works and Planning Departments. That the Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all applicable conditions of approval of Resubdivision No. 890 shall be fulfilled prior to recordation of Resubdivision No. 910 unless otherwise approved by the Public Works and Planning Departments. 3. That each dwelling unit be served with an individual water is service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public -42- COMMISSIONERS January 4, 1990 MINUTES � d Pa �` N CITY OF NEWPORT BEACH ROLL CALL INDEX Works Department. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 5. That the intersection of 16th Street and drives provide sight distance for a speed of 35 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 the approval of the City Traffic Engineer. 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That all conditions of approval of Lot Line Adjustment No. 88-4 and Use Permit No. 3339 shall be fulfilled prior to recordation of the parcel map or issuance of any building permits unless otherwise provided by the Public Works Department and the Planning Department. 8. That the existing 10 foot by 19 foot vehicular access easement located in the southwesterly comer of the property be shown on all grading plans, building plans and site plans, and that there shall be no encroachment into the easement. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That the unused drive aprons be removed and replaced with curb, gutter and sidewalk along 16th Street frontage. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • -43- COMMISSIONERS January 4, 1990 MINUTES 'A D� N01\ 0 CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX Use Permit No. 3371 (Public Hearing) Item Mo.11 Request to permit the construction of a second dwelling (Granny UP3371 Unit) on property located in the R -1 District in accordance with the Chapter 20.87 of the Municipal Code that permits a second Approved dwelling if said residence is intended for one or two persons who are 60 years of age or over. LOCATION: Lot 16, Block 32, Newport Heights, located at 535 Santa Ana Avenue, on the northwesterly side of Santa Ana Avenue, between 15th Street and Clay Street, in Newport Heights. ZONE: R -1 APPLICANTS: Mr. and Mrs. Paul Hirdler, Newport Beach OWNERS: Same as applicants • The public hearing was opened in connection with this item, and Mr. Paul Hirdler, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Glover, Mr. Hirdler explained that the granny unit is for his mother -in -law. He further replied that the applicants' architect researched the granny unit requirements. Mr. Doug Matthews, 556 Santa Ana Avenue, appeared before the Planning Commission. Mr. Matthews stated his concern that a granny unit is being proposed in an R -1 zone. Chairman Pomeroy explained the Granny Unit Ordinance as regulated by the State. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3371 subject to the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Glover with regard to Condition No. 3 regarding the recordation of a Covenant, Mr. Hewicker explained that a Covenant is submitted -44- COMMISSIONERS January 4, 1990 MINUTES & \�\� \\ CITY OF NEWPORT BEACH ROLL CALL INDEX prior to the issuance of a Building Permit or a Certificate of Occupancy for the Granny Unit; a granny unit could be occupied by an individual that has not been identified to the City; 9 granny units have been approved and 5 of said granny units are occupied; the Granny Unit Ordinance is governed by the Planning Department under the direction of the Planning Director; and the Planning Department provides a form that requires completion by the Granny Unit property owners. Ayes * * * * The foregoing motion was voted on, MOTION CARRIED. Absent * Fin in 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have a significant environmental impact. • 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The approval of Use Permit No. 3371 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. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the second dwelling unit shall be for rental purposes only and shall be limited to the use of one or two persons over the age of 60 years. 3. That the applicant shall record a Covenant, the form and • content of which is acceptable to the City Attorney, binding the applicant and successors in interest in -45- COMMISSIONERS January 4, 1990 MINUTES " d dip rn N CITY OF NEWPORT BEACH ROLL CALL INDEX perpetuity so as to limit the occupancy of the second dwelling unit to one or two adults 60 years of age or over, and committing the permittee and successors to comply with current ordinances regarding Granny Units. Said covenant shall also contain all conditions of approval imposed by the Planning Commission or the City Council. 4. Commencing with the final inspection of the Granny Unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the Granny Unit constructed pursuant to this approval to verify occupancy by a person or persons 60 years of age or older. Upon arty change of tenants, the property owner shall notify the City immediately: This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. • 5. That the primary residence or the Granny Unit shall be continuously occupied by at least one person having an ownership interest in the property. 6. That one independently accessible garage space shall be provided for the Granny Unit at all times. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. A. General Plan Amendment No 89 -2(LF )(Public Hearing) Item No. 12 Request to amend the Land Use Element of the General Plan GPA 89 -2F so as to change the land use designation of the subject property from "Governmental, Educational and Institutional Facilities" to Ts 6z "Single Family Attached" with a density of one unit for each A700 2,178 square feet of land area; and the acceptance of an environmental document. TTM14196 INITIATED BY: The City of Newport Beach AND SPR 54 -46- COMMISSIONERS January 4, 1990 MINUTES 'd d 0 �0'\' \ CITY OF NEWPORT BEACH ROLL CALL INDEX B. Traffic Study No. 62 (Public Hearine) Approved Request to approve a Traffic Study so as to permit the construction of a 15 unit residential condominium development on the subject property. AND C. Amendment No. 700 (Public Hearine) Request to amend portions of Districting Map No. 21 so as to reclassify the subject property from the R -3 District to the MFR (2178) SPR District and to establish a 20 foot front yard setback along the 15th Street frontage of the subject property. AND D Tentative Map of Tract No 14156 (Public Head") Request to subdivide two existing lots into a single lot for a 15 • unit residential condominium development. AND E Site Plan_ Review No 54 (Public Hearing) Request to approve a site plan review for the purpose of permitting a residential density bonus of 3 units within a 15 unit residential condominium development and a request to approve a modification to the Zoning Code so as to allow the construction two stairs and two entry decks with handrails within the proposed 20 foot front yard setback which exceed three feet in height. The proposal also includes a modification to the Zoning Code so as to permit a 3 foot encroachment into the required 16 foot side yard setback adjacent to the easterly property line. LOCATION: Lots 1 and 2, Tract No. 1718, located at 2001 and 2101 15th Street, on the southeasterly corner of 15th Street and Irvine Avenue, in Cliff Haven. • ZONE: R -3 -47- COMMISSIONERS January 4, 1990 MINUTES A \�� \\ CITY OF NEWPORT BEACH ROLL CALL I INDEX APPLICANTS: James G. White Jr. and Lawrence M. Campeau, Costa Mesa OWNER: Zonta Club of Newport Harbor Foundation, Newport Beach ENGINEER: Robin B. Hamers and Associates, Inc., Costa Mesa James Hewicker, Planning Director, referred to the Addendum to the staff report containing more specific information regarding open space and the FAR of the project. He explained that the open space required under the MFR Standard is 92,838 cubic feet and the proposed project maintains 160,000 cubic feet; the location of open space contiguous to the front yard setback would require 23,210 cubic feet, the project is proposing 34,496 cubic feet; contiguous to the rear yard setback would require 23,210 cubic feet and the project is proposing 44,464 cubic feet; open on two sides and to the sky would require 46,420 cubic feet and the project is proposing 78,960 cubic feet; the FAR in the • MFR District allows 34,229 square feet of floor area and the project is proposing 25,000 square feet without the subterranean parking and 34,074 square feet of floor area including the parking structure; and the FAR requires 1.75 and the project is proposing 1.74 FAR. Mr. Hewicker stated that the MFR standard building height is 28 feet and the ridge height of 33 feet, and the project has an average roof height of 25 feet with a ridge height of 29 feet. The public hearing was opened in connection with this item, and Mr. Larry Campeau, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". In response to a question posed by Commissioner Pers6n, Mr. Campeau explained that the six stairs located in the front yard setback rise three feet and the stairs do not start at the curb. In response to a question posed by Commissioner Glover, Mr. Campeau stated that there is currently a 4 foot wide sidewalk that will be increased to a width of 8 feet and an additional 2 feet to the front property line along the 15th Street frontage, before the subject property begins, and the development is 20 feet from that point; therefore, the project is 30 feet from back of curb and 4 feet back from the existing apartments along 15th -48- COMMISSIONERS January 4, 1990 MINUTES 0� \ A CITY OF NEWPORT BEACH ROLL CALL INDEX Street. Commissioner Glover supported the residential project; however, she stated her concerns with regard to visibility and traffic at the intersection of Irvine Avenue and 15th Street inasmuch as there are three schools located in the vicinity. Don Webb, City Engineer, explained that the applicants were required to shift the project so as to create the desired setback for the wall which is proposed to be 6 feet from the property line or 16 feet from back of curb along the Irvine Avenue frontage of the site, which would meet the sight line requirements for the speeds in the area. Mr. Bill Dunlap, 400 Snug Harbor, appeared before the Planning Commission on behalf of the Cliff Haven Homeowners Association wherein he stated that the Association supports the project. He stated that there is a concern with regard to the traffic in the area at the time the project is under construction. In response to a question posed by Commissioner Edwards, Mr. Dunlap supported the project's design concept which blends with the adjacent high school's architecture. Discussion ensued regarding the Site Plan Review that requires the applicant to • adhere to the design plans that are submitted with the application. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission. Dr. VanderSloot addressed the statistical profile as stated in the foregoing addendum to the staff report as opposed to the figures that were provided in the staff report. Mr. Hewicker stated that the calculations differ because when the buildable area was calculated and the required setbacks were subtracted from the gross area of the plan, the comers were counted twice in error. Dr. VanderSloot and Mr. Hewicker discussed the open space that is in the middle of the project. Dr. VanderSloot stated that the project is built out to the maximum requirements and the three affordable units cause the project to be more dense than what is allowed. Chairman Pomeroy stated that the State of California requires any jurisdiction to grant up to a minimum 25 percent density bonus when the applicant agrees to make at least 25 percent the dwelling units in the project affordable. He stated that it is the City's housing policy to grant the adjustments whenever a developer is willing to build the affordable units. Mr. Jerry Nininger, 411 - 15th Street, appeared before the Planning Commission. He supported the project with the following exceptions: that the residential development may -49- COMMISSIONERS January 4, 1990 MINUTES � o A SON \\� \ CITY OF NEWPORT BEACH ROLL CALL INDEX increase the traffic congestion at the intersection of Irvine Avenue and 15th Street, and the residents may park illegally in the alley and not in the subterranean parking structure. Mr. Webb explained that there is a 2 1/2 foot setback on each side of the alley so the alley between the garage doors maintains a width of 25 feet, which is adequate. Mr. Mike Taylor, Cliff Haven Homeowners Association, appeared before the Planning Commission. Mr. Taylor addressed the white curb that is used for loading and unloading students that currently exists in front of the proposed development and he requested a continuity of the required sidewalks on other properties at the intersection of Irvine Avenue and 15th Street. Mr. Webb stated that the white curb may have been installed because of the Zonta Club, and the Traffic Affairs Committee and the Traffic Engineer will make the decision if the white curb remains. Mr. Webb further stated that it is the responsibility of the property owners to initially construct curb, gutter, and sidewalks or the City Council could budget funds for the improvements at the corner of the subject intersection. • Commissioner Pers6n stated that the Planning Commission does not have jurisdiction over the color of the curb. Mr. Campeau reappeared before the Planning Commission to state that a resident would be more likely to park an automobile in the guest parking space than in the alley inasmuch as the access from a dwelling unit to the alley is not convenient. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve General Plan Ayes Amendment No. 89 -2(F) (Resolution No. 1210), Traffic Study No. Absent * 62, Amendment No. 700, Tentative Map of Tract No. 14186, and Site Plan Review No. 54, subject to the findings and conditions in Exhibit "A'. MOTION CARRIED. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. -50- COMMISSIONERS January 4, 1990 MINUTES 0 ' �0 �\ CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize impacts from silt, debris and other water • pollutants. 3. The grading permit shall include a description of haul routes, access points to the site, watering and sweeping program designed to n infin =' the impact of haul operations. 4. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department and a copy forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. The grading, excavation and recompaction of the site shall be conducted in accordance with plans prepared by a Civil Engineer and based on the recommendations of a soil engineer or an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. • 6. The recommendations of the geotechnical investigation, prepared for the project by EJN -51- COMMISSIONERS January 4, 1990 MINUTES r0 0 �o I � CITY OF NEWPORT BEACH ROLL CALL INDEX Geotechnical dated October 25, 1989, shall be complied with as required by the Newport Beach Building Department. 7. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of the landscaping with the proposed construction schedule. Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan. 8. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning and Public Works Departments. 9. All rooftop and other mechanical equipment shall • be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line, and that all mechanical equipment shall be screened from view. 10. Excavation of the subterranean parking structure shall be limited to the hours of operation between 8:am and 4:pm, Monday through Saturday. $ GENERAL PLAN AMENDMENT 89 -2(F) Adopt Resolution No. 1210, recommending approval of General Plan Amendment 89 -2(F) to the City Council. TRAFFIC STUDY NO. 62. Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City • Council Policy S -1. -52- COMMISSIONERS January 4, 1990 MINUTES rO o A �0 '4� \CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the project does not create traffic which exceeds 1 % on any approach leg of potentially affected intersections in the vicinity of the project. 3. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. D. AMENDMENT NO. 700. Recommend approval of Amendment No. 700 to the City Council, an amendment to a portion of Districting Map No. 21 rezoning the site from R -3 to R -3 (2,178) - SPR and to establish a 20 foot front yard setback on 15th Street, with the following findings: 1. That the amendment is necessary to implement the provisions of the Newport Beach General Plan. 2. That the proposed project cannot be implemented without the proposed amendment. E TENTATIVE MAP OF TRACT NO 14186 Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the design of the subdivision. 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 4. That public improvements may be required of the developer per Section 19.08.020 of the Newport Beach Municipal Code and Section 66415 of the • Subdivision Map Act. -53- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH = ROLL CALL I I I I I I I I 1 INDEX • 0 Conditions: 1. That a final map be recorded prior to issuance of building permits. That the final map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. 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. 5. That the intersection of Irvine Avenue with 15th Street and Irvine Avenue with the adjacent alley be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscapes, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and structures 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. 6. That the proposed wall along Irvine Avenue be set back to provide for landscaping and sight distance as approved by Public Works Department. 7. That County Sanitation District fees be paid prior to the issuance of any building permits. 8. That all vehicular access to the property be from the adjacent alley. -54- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH M ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX 0 • 9. That the existing 4 foot sidewalk be widened to 8 foot along 15th Street and Irvine Avenue. Deteriorated and displaced sections of the existing sidewalk shall be replaced. The curb return shall be constructed on a 25 foot radius. The sidewalk access ramp be constructed at the southeast corner of 15th Street and Irvine Avenue and at the intersection of Irvine Avenue and the alley. The deteriorated portion of the alley be reconstructed. All work shall be constructed under an encroachment permit issued by the Public Works Department. 10. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 11. 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 recording the tract map. 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. 12. That the overhead utility lines on 15th Street and Irvine Avenue be underground. 13. That the Public Works Department plan check and inspection fee be paid. 14. That the developer, prior to the issuance of a grading permit, shall submit a construction operation plan to the Building and Public Works Departments for approval. The plan is to discuss the construction scheduling for the various phases of the project and show how the operations have been planned to minimize the noise and earth moving impacts on the high school operations. The plan shall include considerations of the safety of the students walking, riding bicycles and driving to -55- COMMISSIONERS MINUTES January 4, 1990 N CITY OF NEWPORT BEACH ROLL CALL INDEX and from the high school and Horace Ensign Intermediate school. Deliveries, earth hauling and concrete placement should be scheduled to occur at non peak traffic hours or school holidays. Peak traffic periods are 7:30 a.m. to 8:30 am. and 2:00 p.m. to 3:30 p.m. The plan is also to include a parking proposal that shows where construction workers will park without using on street parking except adjacent to the site. . 15. That a minimum 4 feet wide paved walkway separated from traffic be maintained along the Irvine Avenue frontage at all times during the construction period and there be no parking or. storing of materials along Irvine Avenue. 16. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control • equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall occur within the State right -of -way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. F SITE PLAN REVIEW NO. 54, Findings: 1. That the project is consistent with the General Plan. 2. Adequate off -street parking is being provided in conjunction with the proposed development. 3. The project will comply with all applicable City and • State Building Codes and Zoning requirements for -56- COMMISSIONERS January 4, 1990 MINUTES ` d d� �n 0 1 � a O CITY OF NEWPORT BEACH ROLL CALL INDEX new building applicable to the district in which the proposed project is located, except those items requested in conjunction with the proposed modifications. 4. The proposed development is a high- quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 5. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. That a density bonus of three units is consistent with the requirements of Section 65915 of the California Government Code. • Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except as may be noted below. 2. The design and layout of subterranean parking and ramp shall be subject to further review and approval of the Traffic Engineer. 3. A construction parking plan shall be approved prior to the issuance of any building or grading permit. 4. That the ramp to the subterranean parking structure be designed to city standards and the driveway ramp not exceed 2% slope within the alley setback area. 5. That a minimum of two parking spaces for each dwelling unit plus one -half guest parking space for • each dwelling unit be provided on -site. -57- COMMISSIONERS January 4, 1990 MINUTES CITY OF NEWPORT BEACH M ROLL CALL 1 1 I 1 1 1 1 I l INDEX 0 6. That guest parking spaces be independently accessible and be identified as guest parking in a manner acceptable to the Traffic Engineer. 7. That all parking areas shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 8. Parking areas shall have a maximum 5% slope. 9. That the final design of on -site parking, vehicular circulation and pedestrian circulation shall be reviewed and approved by the City Traffic Engineer. 10. That all mechanical equipment and trash areas shall be screened from adjoining properties. 11. That the applicant shall prepare a landscape plan which identifies the size, type and location of all plant material and the design and location of a permanent irrigation system. Said landscape plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, Public Works Department and the Planning Department. 12. That all conditions of Tentative Map of Tract No. 14186 shall be fulfilled. 13. That a siltation, dust, and debris control plan shall be submitted and be subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris, and other water pollutants. 14. That the siltation, dust, and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. n COMMISSIONERS ROLL CALL • 0 January 4, 1990 MINUTES CITY OF NEWPORT BEACH 15. The project shall provide 3 affordable units. The affordable units provided shall be affordable to moderate income families if the units are for sale or to low income families at fair market rent if the units are rented by the applicant or successors in interest, in accordance with the provisions of the Newport Beach Housing Element. 16. The term of affordability shall be twenty years. 17. This site plan review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.01.070 J of the Newport Beach Municipal Code. A. General Plan Amendment No 89 -30(Public Hearing) Request to amend the Land Use Element of the General Plan so as to increase the allowable Floor Area Ratio of the Our Lady Queen of Angels Church from 0.15 to 0.1653; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach AND B. Traffic Study No. 61 (Public Hearing) Request to approve a traffic study so as to permit the construction of a 23,534± square foot addition to the Our Lady Queen of Angels Church. i " Request to amend a previously approved use permit which allowed the establishment of the existing Our Lady Queen of Angels Church. The proposed amendment involves a request to -59- M *� GPA 89 -3E TS61 Cont'd to COMMISSIONERS INUTES � d January 4, 199 d� rn CITY OF NEWPORT BEACH ROLL CALL permit the construction of a 23,534± square foot addition to the church which will include a new parish hall, administrative offices, new classrooms and a new garage for the parish rectory. LOCATION: Record of Survey 63 -46, (Resubdivision No. 173), located at 2046 Mar Vista Drive, on the southwesterly comer of Mar Vista Drive and Domingo Drive, across from the Corona del Mar High School. ZONE: R -3 -B APPLICANT: Our Lady Queen of Angels Church, Newport Beach OWNER: Roman Catholic Bishop of Orange, Orange James Hewicker, Planning Director, requested that this item be . continued to the January 18, 1990, Planning Commission meeting inasmuch as the traffic study for the project has not been completed and submitted to the City Traffic Engineer. Motion * Motion was made and voted on to continue General Plan Ayes * * * * * * Amendment No. 89 -3(E), Traffic Study No. 61, and Use Permit Absent * No. 991 (Amended) to the January 18, 1990, Planting Commission meeting. MOTION CARRIED. Amendment No. 699 (Public Hearing) Request to amend the Fashion Island Planned Community Development Plan so as to allow seven entry marker signs at specific locations in Fashion Island. LOCATION: Tract No. 6015, located within the ring created by Newport Center Drive in Newport Center (Fashion Island). ZONE: P -C �1111111 � INDEX Item No.14 COMMISSIONERS January 4, 1990 MINUTES �0 4\\\ ft '\ CITY OF NEWPORT BEACH ROLL CALL INDEX APPLICANT: Irvine Retail Properties Company, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing was opened in connection with this item, and Mr. David Dmobowski appeared before the Planning Commission on behalf of the applicant wherein he concurred with the findings in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Amendment No. 699. Ayes * * * * (Resolution No. 1213) subject to the findings and conditions in Absent * Exhibit "A". MOTION CARRIED. FINDINGS: 1. That the provision of the proposed sign type within the Fashion Island Planned Community District will be supportive of the commercial uses within the shopping center. 2. That the proposed addition of the entry marker signs to the Fashion Island Planned Community Development Plan will not be readily visible from Newport Center Drive. Amendment No. 697 (Continued Public Hearing) Item No.15 A697 Request to amend the Mariner's Mile Specific Plan (SP -5), revising the permitted land uses in the Recreational and Marine Commercial areas consistent with the Newport Beach General Con'td to Plan and Local Coastal Program, Land Use Plan. Other 1 -18 -90 amendments include changes to the development standards to eliminate the concept of increased floor area in association with certain incentive uses and other minor changes to the development standards. -61- COMMISSIONERS MINUTES � o January 4, 1990 �o1 �� O CITY OF NEWPORT BEACH ROLL CALL INDEX INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, requested that this item be continued to the January 18, 1990, Planning Commission meeting so as to complete the review of the proposed amendment. Notion Motion was made and voted on to continue Amendment No. 697 Ayes * * to the January 18, 1990, Planning Commission meeting. Absent * MOTION CARRIED. s s s Discussion Item: Discussion Item No.1 Amendment No. 694 (Continued) A694 Request to consider possible revisions to Title 20 of the Newport Beach Municipal Code related to Nonconforming Structures and No action Uses. taken. SSandra Genis, Senior Planner, and the Planning Commission discussed the nonconforming uses and structures chart that was submitted with the staff report. Commissioner Pers6n and staff discussed the feasibility of increasing the size of a living room in a nonconforming duplex as it would relate to parking space requirements. Commissioner Pers6n addressed No. 5, Issues Summary, stating that "...a structure destroyed to 75 percent for replacement of a damaged structure.., and he indicated that the Planning Commission determined during the General Plan public hearings that a structure would remain at 90 percent for replacement without discretionary review. Commissioner Glover, Ms. Genis, and Mr. Hewicker discussed a clarification of the statement "..a nonconforming commercial use in a portion of a residential building could potentially be permitted to expand throughout the entire building. ". Chairman Pomeroy suggested that a glossary be available to the general public listing special nomenclature. -62- COMMISSIONERS MINUTES January 4, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX ADDITIONAL BUSINESS: Additional Business Planning Director Hewicker discussed the expansion of the Newport Club, located at 414 -32nd Street with the Planning Commission. He stated that the Club will be requesting the approval of a use permit for the expansion. Newport Club Adjournment ADJOURNMENT: 10:00 p.m. JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -63- I