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HomeMy WebLinkAbout01/05/1984MMdSS0,05 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7 :30 p.m. :E m DATE: January 5, 1984 v w a m City of Newport Beach moo MINUTES I I♦ R O L L CALL 1 1 1 1 1 1 1 1 I INDEX F xjxI Commissioner McLaughlin was present at 7:40 p.m. * x � EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney ,t x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary Planning Director Hewicker advised that the applicant for Item No. 1 - Use Permit No. 3071, has requested a continuance to the Planning Commission Meeting of February 9, 1984. Motion X Motion was made to continue Item No. 1 - Use Permit No. All Ayes X X X X X X X 3071, to the Planning Commission Meeting of February 9, 1984, which MOTION CARRIED. Planning Director Hewicker further advised that the staff is recommending that Item No. 6 - Use Permit No. 3072, be continued to the Planning Commission Meeting of January 19, 1984. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that in the interim, the staff will confirm the pre- existing and non - conforming rights of the restaurant use.' Motion IXIXIXIXIXIXI Motion was made to continue Item No. 6 - Use Permit No. All Ayes X 3072, to the Planning Commission Meeting of January 19, 1984, which MOTION CARRIED. COMMISSfONERS MINUTES January 5, 1984 r F o m m m Cit of Newport Beach ROLL CALL I INDEX Staff advised that the applicant has requested that this matter be continued to the Planning Commission Meeting of February 9, 1984. Staff has no objections with the applicant's request, inasmuch as the City Attorney's Office will be setting up a meeting in January to discuss possible changes in the proposed operational characteristics of the Newport Beach Tennis Club facilities with the applicant and representatives of the adjoining homeowners' associations. Motion Motion was made to continue this item to the Planning All Ayes X X X X Commission Meeting of February 9, 1984, which MOTION • CARRIED. -2- Use Permit No. 3071 (Continued Public Hearing) Item #1 Request to expand the operational characteristics. of the existing Newport Beach Tennis Club to include: tennis tournaments in addition to the seven scheduled meets now permitted annually; the continuation of the seven swimming .meets now permitted annually; the commercial use of club facilities by the general public to include tennis, swimming and diving lessons, aerobic USE PERMIT NO. 3071. classes, massages and physical therapy, and the retail commercial use of an existing pro -shop; the continuation of the service of alcoholic beverages in conjunction with the existing club restaurant and bar now permitted; the continuation of the permitted live entertainment and dancing within the clubhouse, and outside the clubhouse twice a year in conjunction with C ontinued private luaus or barbeques; and the continuation of to F9 permitting private parties in the restaurant and bar ar , 9, facilities with alcoholic beverages, live entertainment 1984 and dancing. The proposal also includes the • installation of additional tennis court lights on courts not lighted. presently LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive between Vista Del Oro and Vista Del Sol, in the Bluffs. ZONES: R- 4 -B -2, PRD and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach - OWNER: The Irvine Company, Newport Beach Staff advised that the applicant has requested that this matter be continued to the Planning Commission Meeting of February 9, 1984. Staff has no objections with the applicant's request, inasmuch as the City Attorney's Office will be setting up a meeting in January to discuss possible changes in the proposed operational characteristics of the Newport Beach Tennis Club facilities with the applicant and representatives of the adjoining homeowners' associations. Motion Motion was made to continue this item to the Planning All Ayes X X X X Commission Meeting of February 9, 1984, which MOTION • CARRIED. -2- COMMISSIONERS MINUTES January 5, 1984 � r c m m m w. City of New rt Beach ROLL CALL INDEX Use Permit No. 3058 (Public Hearing) Item #2 Public hearing and 3 month Planning Commission review of a request to re- establish a restaurant with on -sale alcoholic beverages known as "Novak's Place" on property located in the C -1 District. LOCATION: Lot 2, Block 0 of Tract No. 323, located at 2920 East Coast Highway, on the USE PERMIT easterly side of East Coast Highway, NO. 3058 between Heliotrope Avenue and Iris Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert F. Novak, Corona del Max Continued OWNER: Mary King, Dana Point - to Febru- ary 9, 1984 The public hearing opened in connection with this item and Mr. E. E. Clabaugh, representing the applicant, appeared before the Commission. Mr. Clabaugh requested that the Planning Commission reconsider the conditions imposed upon the use permit and continue the item for approximately 30 days. He stated that the applicant has made substantial efforts to comply with the conditions imposed. He stated that if the hearing is continued, the applicant will withdraw the appeal from the City Council. Planning Director Hewicker expressed his concern that the applicant has had adequate time to comply with the conditions of approval which were imposed upon the use permit. Mr. Clabaugh stated that the applicant has substantially complied with 'the conditions which were imposed.. However, he stated that the applicant can not comply with some of the conditions which were imposed. He stated that a building inspector was at the premises today. I I 1 1 I I I I Mr. Clabaugh referred to Condition No. 11, requiring 21 off -site parking spaces, and stated that the applicant can not possibly comply with this condition. Chairman I( I I I I I I King requested that written documentation be submitted evidencing the applicant's attempt to comply with the condition. -3- MINUTES January 5, 1984 � x f:pm m 38NO-Ql ". City of Newport Beach INDEX Mr. Robert Gabriele, Assistant City Attorney, clarified that the request for the reconsideration and continuance is to permit the applicant the additional time to put forth a good faith effort to comply with the conditions which the applicant determines are physically possible. He stated that documentation should be submitted by the applicant for those conditions which the applicant feels he can not physically comply with. Planning Director Hewicker stated that the applicant should be prepared to consider alternate courses of action which would satisfy the.conditions. Mr. Clabaugh concurred. In response to a question posed by Commissioner McLaughlin, Mr. Clabaugh referred to Condition No. 10, relating to the trash compactor, and stated that this would be an unnecessary expense. He stated that the applicant is utilizing an alternate procedure which has resolved the problem, as outlined in his letter to the Planning Department dated December 21, 1983. Planning Director Hewicker stated that the Planning Commission will determine if the alternate procedure relating to the trash is adequate, not the applicant. He stated that Condition No. 10, which requires a trash compactor, was required by the Planning Commission because of the litter problems on the site. Commissioner Balalis stated that the Planning Commission Minutes dated October 6, 1983, reflect the Planning Commission's statements that should the applicant not be able to comply with the conditions of approval, the Planning Commission may consider an earlier closing time. He stated that the requested 30 day continuance to February 9, 1984, will allow the applicant additional time to comply with the conditions and withdraw the appeal to the City Council. Commissioner Kurlander stated that the requirement of a trash compactor for the restaurant use has been placed on other restaurant uses within the. City. He stated that economic reasons alone, would not be sufficient for the Planning Commission to waive this condition. He stated that empty bottles and debris were creating a problem. Commissioner Goff concurred. on X Motion was made to continue this item to the Planning *Ayes X X X X X X Commission Meeting of February 9, 1984, which MOTION CARRIED. * * t -4- COMNHSSIONERS . MINUTES January 5, 1964 v m w a m Cit of Newport Beach ROLL CALL I I I I I I NDEX A. Tentative Map of Tract No. 12079 (Public Hearing) Item #3 Request to subdivide an existing single lot, containing .48 acres of land area, into a single lot for residential condominium purposes, on property located in the R -3 -B District, and the acceptance of an environmental document. TMT 12079 UP 3075 AND CDP A B. Use Permit No. 3075 (Public Hearing) Request to permit the construction of a 14 unit residential condominium development located in the R -3 -B District. The proposal also includes a modification to the Zoning Code so as to allow portions of the proposed building and deck areas to encroach 10 feet, and a chimney to encroach 12 feet, into the required 20 foot front yard setback area along Morning Canyon Road. A modification to the Zoning Code is also requested to permit an 8 sq. ft. identification sign where the Sign Code permits a 6 sq. ft. sign in the R -3 -B District, AND C. Residential Coastal Development Permit No. 4 Request to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for a 14 unit residential condominium development pursuant to the administrative guidelines for the implementation of the State Law relative to Low - and - Moderate Income housing within the Coastal Zone. LOCATION:. Lot 3, Tract No. 1237, located at 487 Morning Canyon Road, on the northeasterly corner of Morning Canyon Road and East Coast Highway, in Corona Highlands. ZONE: R -3 -B l_J -5- MINUTES. January 5, 1984 � x i r v m m City of Newport Beach moo ROLLCALLI III Jill I INDEX n LJ APPLICANT: Rumney Enterprises, Inc., Irvine OWNER: ,Same as Applicant ENGINEER: Paul Calvo Associates, Seal Beach The public hearing opened in connection with this item and Mr. Warren James, representing the applicant, appeared before the Commission. Mr. James briefly described the proposed 14 unit residential condominium development. He stated that they originally had envisioned a 19 unit development at this location, however, after meeting with various members of the community, the plan. was redesigned with 14, units. He stated that they have mitigated the impacts of East Coast Highway with a sound barrier, all new construction will be kept outside of the canyon area, and the elevations..along the street follow a low profile. He stated that the proposed development will remove the existing older structures and become an asset to the community. Mr. James referred to Condition No. 21, which requires the development of two affordable units, and stated that they could provide one affordable unit which would satisfy the City's policy. He stated that the Affordable Housing Feasibility Analysis recommends that no affordable unit requirement be imposed. upon the project. Planning Director Hewicker stated that the development of the parcel contains a number of constraints, including the setbacks from East Coast Highway, the setbacks from the environmental open "space, and the compliance with providing affordable dwelling units within the Coastal Zone. He discussed Council Policy P -1, the Mello Bill, and stated that staff has recommended that 108 or 2 (1.4 rounded up) affordable units be provided in conjunction with this project. However, he stated that when considering that the applicant has reduced the original plan from 19 units, which would have included a density bonus of 5 affordable units, to 14 units, and further that the applicant has not requested a waiver of the in -lieu park dedication fee, he stated that perhaps in this particular application, the request for one affordable dwelling unit may be warranted. -6- MINUTES January 5, 1984 � r a m m City of Newport Beach � 3 O INDEX Commissioner Balalis stated that the developer should be given the option of providing the affordable units either on -site or off -site. He stated that on -site affordable units would contain smaller square footage because of economic constraints, whereas off -site affordable units could contain more square footage. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the Planning Commission has the authority to recommend to the City Council that the affordable units be provided off -site or within a reasonable distance from the Coastal Zone. However, he stated that the City Council has expressed their concern that the affordable units be provided on -site. Chairman King stated that when considering the existing market values in Corona del Mar, it would be more • feasible for the affordable units to be provided within the new construction costs of the proposed development. Mr. James stated that they would prefer to provide the affordable unit on -site. However, he stated that as a developer, they would welcome the opportunity to have the flexibility of providing the affordable unit on -site or off -site. Chairman King stated that because the applicant has reduced the density of the project, along with all new construction will be kept outside of the canyon, and there will not be a waiver of the in -lieu park dedication fee, he stated that he could support the provision for one affordable dwelling unit, rather than two. Mr. Hugh Milligan, resident of 500 Rockford Place in Cameo Highlands, stated that his property is located adjacent to the proposed development. He stated that the site currently maintains 6 rental units, whereas the proposed project will contain 14 ownership units. He expressed his concern that this constitutes a condominium conversion and that his residence will be • I I I I I I I forced to view 14 units, rather than the existing 6 units. -7- MINUTES January 5, 1984 � x City of Newport Beach INDEX Planning Director Hewicker stated that the proposed development will be more intense than the existing development, which is .permitted under the City's General Plan and zoning Code. He stated that the term, condominium conversion, does not apply to the proposed project because the project will be demolishing older structures to be replaced with .a new project, as opposed to the conversion of the existing structures. Mr. Ted Bush, resident of 508 Seaward Road, referred to the public notice which was sent to the surrounding residents and stated that because the term Negative Declaration was utilized, many of the residents felt as though this application would be denied by the City. He stated that there are only two entrances to Corona Highlands and expressed his concern with the additional traffic which will be generated by the proposed project. He also expressed his concern with the proposed density and size of the project. • Ms. Valerie Porlier, resident of 512 Seaward Road, stated that the adjacent residents were not contacted by the developer regarding the proposed project. She stated that she contacted Mr. Les Munson, Chairman of the Architectural Committee for Corona Highlands, which informed her that the proposed project was not in conflict with the CC &R's. She requested that this item be continued in order for the surrounding residents to become more informed with the proposal. Chairman King stated that the applicant has designed the project to preserve a majority of the existing vegetation which will attempt to obscure the proposed structure from the adjacent neighborhood. Ms. Porlier stated that the proposed density of the project is not consistent with the adjacent residential neighborhood. She further stated that regardless of the subterranean parking, the proposed project will generate parking and traffic problems for the area. Commissioner Balalis stated that the property is currently zoned R -3 -B which would allow the applicant to develop a project consisting of 19 units, which would include a density bonus of 5 affordable units, with up to 47,655 square feet of gross floor area, excluding garages. He stated that as a compromise, the • I ( I I I ! applicant is proposing a 14 unit residential project Iconsisting of 19,187 square feet of gross floor area, excluding garages. Planning Director Hewicker concurred. Im MINUTES January 5; 1984 � r n m m City of Newport Beach moo R O L L CALL I I I I 1 1 1 1 I INDEX Commissioner Kurlander suggested that a continuance of the application would be helpful for the surrounding neighborhood to become better informed on the items which have been discussed. In response to a question posed by Chairman King, Mr. James stated that the proposed plans were submitted to Mr. Les Munson, Chairman of the Architectural Committee for Corona Highlands. He stated that Mr. Munson presented the plan to the homeowners association for their input. He stated that the Architectural Committee did not issue a letter supporting or opposing the proposed project. He further stated that they discussed the proposed plan with the adjacent neighbor, Mr. Harold Zook, who offered input into the proposal and is now in support of the revised proposal. He stated that the project will not exceed the height limit and will only occupy one -half the length of the property. He reiterated that the proposed project was developed. to be compatible and sensitive to the • adjacent neighborhood. x The Planning Commission recessed at 8:55 p.m. and reconvened at 9:05 p.m. * x In response to a question posed by Mr. Ted Bush, Planning Director Hewicker referred to Page 4 of the staff report and stated that the subject property contains slope areas greater than 2:1. He then discussed the buildable acreage and dwelling unit density criteria as established in the Newport Beach General Plan. Mr. Milligan stated that he is a member of the Cameo Community Association and not the Corona Highlands Property owners Association. He suggested that the community associations work together when.projects such as this are proposed. l i l l l l l l Mr. Milligan expressed his concern that the existing zoning in the area is not consistent and asked how the R -3 -B zoning on the parcel could be reduced. • I I I ( I I I I Commissioner Person stated that the Planning Commission does not have the authority or the power to institute a zone change on the property. January 5, 1984 � r a m m City of Newport Beach Commissioner Balalis stated that whenever a multi- family zoned parcel is located adjacent to R -1 zoned parcels, problems such as this occur. Mr. Harold Zook, owner of the property located at 483 and 485 Morning Canyon Road, appeared before the Commission. Mr. Zook referred to Page 6 of the staff report and stated that his proposed concept of grading will be incorporated into the applicant's plan. He stated that the proposal also utilizes subterranean parking and will not exceed the height limitation. Therefore, he stated that he is in support of the proposed project. Mr. Reginald Jones, resident of 4316 Shorecrest Lane, appeared before the Commission and stated that he is in favor of the proposed project. He stated that he is a member of the Corolido Community Association which encompasses 24 residences. He stated that he is not aware of any opposition to the proposed plan by any of the members. Mr. James reiterated that Mr. Munson, Chairman of the Architectural Committee for Corona Highlands, presented the proposed plan to the homeowners association. However, he stated that he would concur with a continuance in order to receive additional input from the surrounding residences. Commissioner McLaughlin suggested that Mr. Jerry Esterbrook, President of Corona Highlands Property Owners Association, be contacted by the applicant to present the proposed plan. Commissioner McLaughlin stated that in her opinion, the requirement for 1.4 affordable units should be rounded to 1 unit rather than 2 units, as a policy. She further expressed her concern that additional wording should be included in the public notice which would better inform the general public of the term, Negative Declaration. Motion I I 1XI I I I I Motion was made to continue this item to the Planning Commission Meeting of January 19, 1984, so that the applicant can present the proposed plan to the President of the Corona Highlands Property Owners • ( f I I I I Association and receive additional input from the surrounding residents. -10- MINUTES INDEX MINUTES January 5, 1984 � m m a. City of Newport Beach INDEX Commissioner Person stated that he could not support a continuance on this item in that the proposed project substantially meets the requirements of the Zoning Code. Further, he stated that the applicant has previously met with the property owners association and has contacted adjacent neighbors with the proposed plan. Mr. Milligan stated that he would be willing to organize the adjacent neighbors and set up a meeting with the applicant and the affected associations. Planning Director Hewicker suggested that Mr. Milligan also contact Mr. Bill Ward, Senior Planner, of the City staff. Ayes X X X X X X Commissioner McLaughlin's motion for a continuance of Noes X this item to January 19, 1984, was now voted on, which MOTION CARRIED. A. Traffic Study (Continued Public Hearing) Item #4 Request to consider a traffic study so as to allow the construction of a 15,000 sq. ft. (net) office building. AND TS AND UP 3077 B. Use Permit No. 3077 (Continued Public Hearing) Request to permit the construction of a 15,000 sq. ft. (net) office building on property located in the Unclassified District which exceeds the basic 32 foot BOTH height limit in the 32/50 Foot Height Limitation Zone. APPROVED The proposal also includes a modification to the Zoning CONDI- Code so as to allow the use of compact size parking TIONALLY spaces for a portion of the required off- street parking, and the acceptance of . an environmental document. I I I I I I I LOCATION: Neesubdivisio Ce nter No. 616),1 located at 1100 • I I I I I I I I southwesterly corner of Granville Drive and Newport Center Drive, in Newport Center. -11- MINUTES January 5, 1984 � r n City of Newport Beach m;o INDEX ZONE: Unclassified APPLICANT: . Carver Development, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Patrick Scruggs, representing the applicant, appeared before the Commission. Mr. Scruggs stated that the proposed setbacks could change by approximately 5 percent during the final design stage. He requested that the Planning Commission allow for this flexibility. He also stated that they are currently working with The Irvine Company to determine the exterior facade which will be utilized on the structure. Mr. Scruggs stated that the proposed project will • become the first building in Corporate Plaza West. He stated that the proposed project will follow the trend established for Newport Center. Chairman King asked if a provision for plus or minus 10 feet on the proposed setbacks would be adequate. Mr. Scruggs stated that this would be acceptable. In response to a question posed by Chairman King, Planning Director Hewicker stated that the proposed project will be located just below the northerly edge of the view plane. Planning Director Hewicker suggested that an additional condition be imposed as follows, "That the structure shall not exceed the height limit established by the westerly extension of the sight plane over Corporate Plaza as adopted by the City Council in Ordinance No. 1596." He stated that this condition has been applied to other developments within the area. Planning Director Hewicker stated that a total of 126,974 square. feet is remaining for development in Newport Center under the City's - General Plan. He stated that 80,000 square feet has been allocated for Block 400 and 15,000 square feet has been allocated for • I I I I I this project, which leaves a balance of 31,974 square feet remaining to be built in Newport Center. -12- COMMdSSIONERS MINUTES January 5, 1984 f � a m City of New Wt Beach 3 � ROLL CALL INDEX Motion X Motion was made for approval of the Traffic Study and All Ayes X X K X X X Use Permit No. 3077, subject to the findings and conditions of Exhibit "A ", with additional conditions relating to the applicant determining the exterior surface of the structure, provision for plus or minus 10 feet shall be allowed for the proposed setbacks, and condition relating to the height limit, which MOTION CARRIED, as follows: FINDINGS: Traffic Study 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City 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. FINDINGS: Use Permit No. 3077 1. That the proposed use is consistent with the Land Use Element of the General Plan and Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit, inasmuch as open areas are provided throughout the site. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. I -13- MINUTES m January 5, 1984 • 9 m a m ° City of Newport Beach INDEX 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. Adequate off - street parking spaces will.be provided for the proposed office building. 7. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 8. The proposed use of compact parking spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or • working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent . with the legislative intent of Title 20 of this Code. 9. The proposed number of compact car spaces constitutes 25 percent of the parking requirements which is within limits generally accepted by the Planning Commission relative to previous similar applications. 10. 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. 11. The approval of Use Permit No. 3077 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. -14- January 5, 1984 v � m a m a m City of Newport Beach moo 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations, except as may be noted below. 2. That the total net floor area of the subject building shall not exceed 15,000 sq.ft. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That the on -site parking areas including handicap and compact spaces, and parking circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That special textured pavements be allowed within • the public right -of -way or Granville Drive easement if a non - standard improvement agreement is executed by the Developer, requiring the Developer to maintain the non - standard improvements. • 6. That the driveways intersecting the private street be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That a master plan of water, sewer and storm drain facilities be provided for the on -site improvements prior to issuance of any building 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. 8. That all vehicular access to the site be from Granville Drive. -15- MINUTES INDEX d5SUNLY-11 MINUTES January 5, 1984 r 5 - � of Newport Beach ROLL CALL 1 1 1 1 1 1 1 1 I INDEX I 9. That 5 -foot wide concrete sidewalk be constructed adjacent to the curb along Granville Drive and that the sidewalk along the Newport Center Drive frontage be widened to 8 -foot. All work within the public right -of -way shall be constructed under an Encroachment Permit issued by the Public Works Department. 10. That no non - standard improvements be constructed over the existing storm drain easements, located within the boundary of the development, without prior approval of the Public Works Department. 11. That a maximum of 258 compact parking spaces are permitted. 12. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. • 13. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 14. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 15. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 16. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 17. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and 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. -16- MINUTES January 5, 1984 m m City of Newport Beach IIIIIIII Roll CALL 1 1 1 1 1 1 1 1 1INDEX 18. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. 19. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to • provide' adequate air service for business establishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; �I c.) The City of Newport Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 20. 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 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). -17- MINUTES January 5, 1984 � x � r City of Newport Beach. moo INDEX 21. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and the approval of the Planning Department. 22. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 23. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 24. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 25. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. • 26. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast .Highway in the West Newport Area,. in the Irvine Terrace and Jamboree Road areas. 27. That any roof top or 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. 28. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K-5 and K -6. 29. All proposed development shall provide for vacuum sweeping of parking areas. 30. Prior to occupancy of any building, the applicant • shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. MINUTES January 5, 1984 � r 4 v m m City of Newport Beach m =� R O L L CALL I I I I I I I I I INDEX 1] 31. That prior to the issuance of a building permit the applicant shall provide the Building Department and the Public Works Department with a letter from the Sanitation District stating that sewer facilities will be available at the time of occupancy. 32. Final design of the project shall provide for the incorporation of water- saving devices for project lavatories and other water -using facilities. 33. Prior to the issuance of any Building and /or Grading Permit, the applicants shall pay their "fair- share" of Circulation Systems. Improvements for the ultimate circulation system. 34. That handicapped parking spaces shall be provided in accordance with State standards. I 35. I I I I That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code for the C -O District. 36. That the applicant shall determine the treatment of the exterior surface of the structure. 37. That the proposed setbacks shall be allowed to be revised within 10 feet i of the approved plans. 38. That the structure shall not exceed the height limit established by the westerly extension of the sight plane over Corporate Plaza as adopted by the City Council in Ordinance No. 1596. -19- MINUTES January 5; 1984 v m m m m o -. City of Newport Beach I♦ ROIL CALL 1 1 1 1 1 1 1 1 1 INDEX Variance No. 1108 (Public Hearing) Request to permit alterations to an existing second dwelling unit located on an R -2 lot which is non- conforming relative to required off- street parking. The proposed alterations include the conversion of a substandard single car garage into additional living area and an expanded bathroom. LOCATION: Lot 16, Block 38, River Section, located at 130 39th Street, on the southeasterly corner of West Balboa Boulevard and 39th Street, in West Newport. ZONE: R -2 APPLICANTS: Howard Chace and Victor Ordaz, Newport Beach • OWNERS: Same as applicants The public hearing opened in connection with this item and Mr. Howard Chace, the applicant, appeared before the Commission. Mr. Chace referred to the staff report, the September 14, 1983, letter from Mr. Schuller, the City's Building Director, and stated that he disagrees with many of the statements made in this letter. He described the improvements which have been made to the property and stated that because the improvements were not structural, he was not aware of the permits which were necessary. Mr. Chace stated that the use of the garage for parking purposes would not be in the best interest of the public welfare because of the amount of traffic which travels on West Balboa Boulevard. Therefore, he stated that a variance should be granted. He stated that there are currently two compact car spaces to the southeast of the building adjacent to the alley which are adequate for his use. I I I I I I I Chairman King suggested that the garage entrance be re- routed to the abutting alley. Mr. Chace stated that re- routing the entrance of the garage would destroy the • I I I I liveability of the unit and would not be economically feasible. -20- Item #5 EXHIBIT "A" MINUTES January 5, 1984 � x City of Newport Beach R O L L CALL 1 1 1 1 1 f 1 1 I INDEX Commissioner Goff stated that according to the Residential Building Report attached to the staff report, there was one existing parking space as of July, 1978. He expressed his concern that the applicant has deleted this parking space and replaced it with additional living area. Mr. Chace stated that he does not utilize the garage for parking purposes because of its potential hazard to the public safety. Commissioner Balalis reminded Mr. Chace that when he purchased the property, according to the Residential Building Report, there was a useable garage space. In response to a question posed by Chairman King, Planning Director Hewicker stated that staff is recommending that at least one on -site parking space be provided to replace the former garage space. I I I I I I I I Mr. Donald Webb, City Engineer, stated that the Public Works Department is recommending that no access to a • garage or parking space be taken from West Balboa Boulevard. He stated that if parking access can not be worked out from the alley, he suggested that the health and safety of the motoring public will be best served by not requiring parking for the subject use. Commissioner Balalis suggested that the garage be converted to a carport, so as to allow for vehicular access from the alley. Mr. Chace stated that he would have to substantially alter the building to accomplish this and would result in a narrow living area which would not be feasible. Commissioner Goff suggested that the wall adjacent to the 16 foot area between the existing buildings on the property be moved and the interior walls be adjusted to accommodate the relocation of the garage parking space, with vehicular access from the alley. Mr. Chace stated that this would involve the relocation of a bearing wall which would be financially prohibitive. Mr. Chace stated that he currently resides at the unit and has no intentions of investing the amounts of monies which it would take to comply with the previous suggestions. Mr. Chace stated that he has only made minor improvements to the building and does not intend • V I I I upon making structural improvements. -21- MINUTES January S, 1984 � x a ° w City of Newport Beach m�a INDEX Mr. Chace. stated that if the Planning Commission will not let him utilize the two existing compact parking spaces southeast of the building, he would request that Exhibit "B" be approved. In response to a question posed by Commissioner Goff, Mr. Chace stated that he is agreeable in dedicating to the City the 10 foot corner cutoff at the corner of 39th Street and West Balboa Boulevard. Mr. Webb stated that this will involve approximately 21 square feet which will be utilized for the widening of West Balboa Boulevard. Commissioner Goff asked if any future redevelopment of the property could be conditioned under the variance request. Planning Director Hewicker suggested that the Planning Commission could impose a condition • stating that the variance is only granted so long as there is no further redevelopment or modifications to the property up to a specific dollar amount. He stated that in this way, should redevelopment or modifications to the property occur, the parking issue would have to be readdressed. Commissioner Goff expressed his concern that if the Planning Commission would approve Exhibit "B ", which allows for a waiver of all three parking spaces, a precedent would be set and many residents along West Balboa Boulevard would be requesting a similar waiver. Motion X Motion was made for approval of Variance No. 1108, subject to the findings and conditions of Exhibit "A ", with the provision that the development shall be in substantial conformance with Alternative Plan No. 1, (i.e. a standard sized one car garage with access off the alley) . J I I j I Commissioner Balalis stated that regardless of the filling of the driveway approach, the Public Works Department has made it quite clear that no access to a I I I I I I garage or parking space should be taken from West Balboa Boulevard in this particular location. -22- Ayes IX Noes I 1 L J • January 5; 1984 of Newport Beach Commissioner Balalis stated that after the alterations were made to the existing building, a full size garage space was not provided, therefore, he stated that Alternative Plan No. 2 would be more appropriate. He stated that Alternative Plan No. 2 provides for an on -site compact parking space, as well as providing a more usable 10 foot wide living area. Commissioner Goff's motion for approval of Exhibit "A ", Alternative. Plan No. 1, was now voted on, which MOTION CARRIED, as follows: EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR VARIANCE NO. 1108 (i.e. Waiving Two of the Required Three Parking Spaces) ALTERNATIVE PLAN NO. 1 FINDINGS: 1. That there are no exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses in the same district to waive all three of the required offstreet parking spaces, inasmuch as a majority of the two - family residential structures in the area maintain a minimum of two off - street parking spaces. 2. That the granting of a variance to allow a waiver of all of the on -site parking and the expansion of the, existing dwelling unit is not necessary for the preservation and enjoyment of substantial property rights of the applicants. 3. That the proposed waiver of all parking spaces and resulting expansion of living area of the dwelling will, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and will be injurious to property and improvements in the neighborhood and the general welfare of the City. -23- MINUTES n X � r v m g m o Ayes IX Noes I 1 L J • January 5; 1984 of Newport Beach Commissioner Balalis stated that after the alterations were made to the existing building, a full size garage space was not provided, therefore, he stated that Alternative Plan No. 2 would be more appropriate. He stated that Alternative Plan No. 2 provides for an on -site compact parking space, as well as providing a more usable 10 foot wide living area. Commissioner Goff's motion for approval of Exhibit "A ", Alternative. Plan No. 1, was now voted on, which MOTION CARRIED, as follows: EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR VARIANCE NO. 1108 (i.e. Waiving Two of the Required Three Parking Spaces) ALTERNATIVE PLAN NO. 1 FINDINGS: 1. That there are no exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, building, and /or uses in the same district to waive all three of the required offstreet parking spaces, inasmuch as a majority of the two - family residential structures in the area maintain a minimum of two off - street parking spaces. 2. That the granting of a variance to allow a waiver of all of the on -site parking and the expansion of the, existing dwelling unit is not necessary for the preservation and enjoyment of substantial property rights of the applicants. 3. That the proposed waiver of all parking spaces and resulting expansion of living area of the dwelling will, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood and will be injurious to property and improvements in the neighborhood and the general welfare of the City. -23- MINUTES � r ° �o January 5, 1984 of Newport Beach MINUTES ROLL CALL I III III I I INDEX 4. That any vehicular access to West Balboa Boulevard from the subject property will potentially be dangerous, not only to the property owner, but to motorists using the arterial highway. In addition, vehicular access to West Balboa Boulevard is not consistent with Council Policy L -2 which restricts curb openings from residential property to an adjoining arterial street. CONDITIONS: 1. That development shall be in substantial conformance with Alternative Plan No. 1. 2. That the one required garage space shall be utilized for vehicular storage at all times. I I I I I I 3. That the applicants shall obtain building permits for all construction and alterations to the • existing structure. • 4. That the existing greenhouse window along the southwesterly side of the rear structure shall be removed and that all window openings along the southwesterly side of said structure shall be replaced with 14 inch wire reinforced glass with metal frames. In the same manner, the existing door opening along the southwesterly side of the building shall be replaced with a 1 5/8 inch solid core door. 5. That a 10 foot radius corner cutoff at the corner of 39th Street and West Balboa Boulevard be dedicated to the public prior to issuance of any building permits and that an Encroachment Permit be issued by the Public Works Department for existing improvements located within the dedicated area. -24- � x r c � ro CD c m n X Q m r1 U Motion I I I All Ayes X X X January 5; 1984 of Newport Beach The Planning Commission recessed at 10:40 p.m. and reconvened at 10:45 p.m. Use Permit No. 3072 (Public Hearing) Request to reconsider the action of the Planning Commission in conjunction with the Conditions of Approval for the "Park Bar and Grill" Restaurant. The proposed development includes a full service bar, an addition of an open patio for dining and drinking purposes, and for the use of live entertainment within the restaurant facility. The proposal also includes the acceptance of an off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1 and 2 and a portion of.LOt 3,. Block C, Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast Highway, on the southeasterly corner of East Coast Highway and Carnation Avenue; in Corona del Mar. ZONE: C -1 APPLICANT: Loomis Foods, Inc., Corona del Mar OWNER: Poole Properties, Inc., Corona del Mar Planning Director Hewicker advised that the staff is recommending that Item No. 6 - Use Permit No. 3072, be continued to the Planning Commission Meeting of January 19, 1984. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that in the interim, staff will confirm the pre- existing and non - conforming rights of the restaurant use. Motion was made to continue this item to the Planning Commission Meeting of January 19, 1984, which MOTION CARRIED. -25- MINUTES INDEX Item #6 USE PERMIT NO. 3072 Continued MINUTES January 5, 1984 3 X v � a a ° u. Cit of Newport Beach ROLL CALL INDEX Final Map of Tract No. 12035 (Discussion) Item #7 Request to approve the Final Map of Tract No. 12035 subdividing five existing lots and portions of vacated Cypress Street and vacated East Bay Avenue, into one lot for residential condominium development. I* Motion IX .I X All Ayes X I X • LOCATION: Lots No. 14 -18, Block 2, Balboa Bayside FINAL MAP Tract, and portions of vacated Cypress OF TRACT Street and vacated East Bay Avenue, NO. 12035 located at 406 East Bay Avenue, on the northeasterly corner of East Bay Avenue and Cypress Street, on the Balboa Peninsula. ZONE: R -4 APPROVED APPLICANT: Wale Development Corp., Irvine CONDI- - TIOiIALLY OWNER:. James D. Ellis, Balboa - ENGINEER: Don Greek and Associates, Orange Chairman King opened the discussion on this item. There being no one present to discuss the item, the following motion was made: Motion was made for approval of Final Map of Tract No. 12035, subject to the finding and condition of Exhibit "A ", which MOTION CARRIED, as follows: FINDING: 1. That the proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as conditions to its acceptance. CONDITION: 2. That all remaining conditions of the Tentative Map of Tract No. 12035 as approved by the City Council be fulfilled. R * W -26- A. Amendment No. 598 (Public Hearing) Request to establish a Planned Community Development Plan and Development Standards for Block 400 of Newport Center. The proposal also includes a request to amend portions of Districting Maps No. 49 and 50 so as to reclassify said property from the C -O -H District to the P -C (Planned Community) District, and the acceptance of an environmental document. LOCATION: Parcel No. 1 of Parcel Map 91 -19 ( Resubdivision No. 524), Parcels No. 1 and 3 of Parcel Map 37 -23 ( Resubdivision No. 297), Parcel No. 1 of Parcel Map 34 -30 ( Resubdivision No. 226), and Parcel No. 1 of Parcel Map 61 -10 ( Resubdivision No. 417), located at 400 • Newport Center Drive, on the easterly side of Newport Center Drive between San Nicholas Drive and San Miguel Drive, in Newport Center. ME B. Resubdivision No. 766 (Public Hearing) Request to resubdivide four existing parcels of land into two parcels for medical office purposes and related parking (Parcels No. 1 and 2); one parcel exclusively for medical office purposes (Parcel No. 3); and one parcel exclusively for parking structure purposes (Parcel No. 4). LOCATION: Parcel No. 1 of.Parcel Map 34 -30 ( Resubdivision No. 226), and Parcels No. 1, 2, and 3 of Parcel Map 37 -23 ( Resubdivision No. 297), located at 400 Newport Center Drive on the northeasterly corner of Newport Center Drive and San Miguel Drive, in Newport 0 11111111 Center. -27- MINUTES INDEX m January 5, 1984 � r m m moo City of Newport Beach A. Amendment No. 598 (Public Hearing) Request to establish a Planned Community Development Plan and Development Standards for Block 400 of Newport Center. The proposal also includes a request to amend portions of Districting Maps No. 49 and 50 so as to reclassify said property from the C -O -H District to the P -C (Planned Community) District, and the acceptance of an environmental document. LOCATION: Parcel No. 1 of Parcel Map 91 -19 ( Resubdivision No. 524), Parcels No. 1 and 3 of Parcel Map 37 -23 ( Resubdivision No. 297), Parcel No. 1 of Parcel Map 34 -30 ( Resubdivision No. 226), and Parcel No. 1 of Parcel Map 61 -10 ( Resubdivision No. 417), located at 400 • Newport Center Drive, on the easterly side of Newport Center Drive between San Nicholas Drive and San Miguel Drive, in Newport Center. ME B. Resubdivision No. 766 (Public Hearing) Request to resubdivide four existing parcels of land into two parcels for medical office purposes and related parking (Parcels No. 1 and 2); one parcel exclusively for medical office purposes (Parcel No. 3); and one parcel exclusively for parking structure purposes (Parcel No. 4). LOCATION: Parcel No. 1 of.Parcel Map 34 -30 ( Resubdivision No. 226), and Parcels No. 1, 2, and 3 of Parcel Map 37 -23 ( Resubdivision No. 297), located at 400 Newport Center Drive on the northeasterly corner of Newport Center Drive and San Miguel Drive, in Newport 0 11111111 Center. -27- MINUTES INDEX m MINUTES January 5, 1984 � x u City of Newport Beach INDEX f` C. Use Permit No. 3078 (Public Request to permit the construction of an 80,000± sq.ft., seven story medical office development and related parking structure in a portion of Block 400 of Newport Center. The proposal also includes a request for a portion of the required off - street parking to be located on the roof of the parking structure. LOCATION: Parcel No. 1 of Parcel Map 91 -19 ( Resubdivision No. 524), Parcels No. 1 and 3 of Parcel Map 37 -23 ( Resubdivision No. 297), and Parcel No. 1 of Parcel Map 34 -30 ( Resubdivision No. 226), located at 356 San Miguel Drive, on the northeasterly side of San Miguel Drive between Newport Center Drive and Avocado • Avenue, in Newport Center. ZONE: C -O -H APPLICANT: Newport Center Medical Buildings, Newport Beach OWNER: The Irvine Company ENGINEER: Paul Calvo Associates, Seal Beach The public hearing opened in connection with this item and Mr. Frank Rhodes, representing the applicant, appeared before the Commission. Mr. Rhodes referred to Exhibit "A ", Condition No. 12 on Resubdivision No. 766, and stated that a 258 contribution towards the cost of the traffic signal would be more feasible than a 508 contribution. Mr. Donald Webb, City Engineer, stated that a traffic signal at the intersection of San Miguel Drive and Newport Center Drive is currently warranted. Chairman King stated that the fair share allocation is determinated by the unbuilt projects in the area. He stated that these monies would have to be deposited • I ( I I I I I j with the City prior to the issuance of any building permits. sM MINUTES January 5, 1984 v m m a m City of Newport Beach m� IIIIIIIII R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX 3. That all applicable Conditions of Use Permit No. 3078 shall be met. 4. That all applicable Conditions of the approved Traffic Study shall be met. 5. 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 completion of the public improvements. 6. That the on -site parking circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 7. That curb access ramps be constructed at the intersection of Newport Center Drive and San • Miguel Drive and at the existing drive entrance in San Miguel Drive. 8. That an easement for ingress, egress and parking over Parcels No. 1, 2 and . 4 for the benefit of Parcel No. 3 be provided and that an easement be provided for ingress, egress and parking with the parcels located northerly of the proposed subdivision for the benefit of the proposed subdivision. 9. That a hydrology and hydraulic study be prepared 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 of the final 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. 10. Prior to the issuance of any building or grading permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include • I I I I I I verification from Orange County Sanitation District No. 5 and the City's Utilities Department. -30- MINUTES January 5, 1984 � r a m at City of Newport Beach R O L L CALL 1 1 1 1 1 1 1 1 I INDEX 11. That all vehicular access rights to San Miguel Drive and Avocado Avenue be released and relinquished to the City of Newport Beach except where the two drives presently exist on San Miguel Drive. 12. That the developer shall contribute 50% of the cost of the traffic signal at the intersection of San Miguel Drive and Newport Center Drive. These monies shall be deposited with the City prior to issuance of any Building Permits. 13. That the Fire Department access shall be maintained. USE PERMIT NO. 3076 41 ion Motion was made for approval of Use Permit No. 3078, Ayes X X X ]]XIX subject to the findings and conditions of Exhibit "A ", which MOTION CARRIED, as follows: Findings: 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. The proposed project will not have any significant environmental impact, providing that the conditions of approval are met. 3. The proposed number of compact car spaces is within limits generally accepted by the Planning Commission relative to previous similar applications. 4. The proposed use of compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City' -31- COMMISSIONERS MINUTES January 5, 1984 n T. m m City Of NeNpat Beach ROLL CALL INDEX AMENDMENT NO. 598 Motion Motion was made to Adopt Resolution No. 1107 , - RESOLUTION All Ayes X X X Y X X X recommending to the City Council that Amendment No. 598 NO. 1107 be approved, which MOTION CARRIED.• RESUBDIVISION NO. 766 Motion 1XIX I I I Motion was made for approval of Resubdivision No. 766, All Ayes I X X subject to the findings and conditions of Exhibit "A ", which MOTION CARRIED, as follows: 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 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 the development considerations and intent of this Planned Community Development Standards are met. 5. 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. CONDITIONS: 1. That a parcel map be recorded. 2. That all improvements be constructed as required • by ordinance and the Public Works Department. -29- MINUTES January 5; 1984 3 x f � a ° m City of Newport Beach IIIIIIIII ROLL CALL 1 1 1 1 1 1 1 1 I INDEX 5. The approval of Use Permit No. 3078 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. 6. That the proposed roof -top parking is located in such a manner so as to not be detrimental to adjacent properties and is architecturally compatible with the proposed project and existing structures in Block 400. Conditions: 1. That development shall be in substantial • conformance with the approved plot plan, floor plans, sections, and elevations except as noted below. 2. That all applicable conditions of approval of Resubdivision No. 766 shall be fulfilled. LJ 3. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 4. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 5. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 6. An erosion, siltation and dust control plan, if required, shall be submitted and be .subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. -32- MINUTES January 5, 1984 X V � � City of Newport Beach ROLL CALL I I I I III I I INDEX 7. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and 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. 8. Prior to the issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This report shall be reviewed and approved by the Planning and Building Department. . 9. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; C.) The City of Newport Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, • will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. -33- MINUTES January 5, 1984 CO ity B Newport Beach ROLL CAIl INDEX 10. That the architectural character and landscape design established within the existing area shall be maintained. 11. 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 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). 12. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 13. The landscape plan shall include a maintenance • program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 15. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 16. Street trees shall be provided along the public streets as required by the Public Works Department and the Parks, Beaches and Recreation Department. 17. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 18. The site's existing landscape plan shall be reviewed by a licensed landscape architect. The existing landscape program shall be modified to include the concerns of the conditions above to the maximum extent practicable. Any change(s) in said existing program as a result of this review shall be phased and incorporated as a portion of existing landscape maintenance. -34- MINUTES January 5, 1984 m ° m City of Newport Beach M R O L L CALL 1 1 1 1 1 1 1 1 I INDEX 19. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area, the Eastbluff area, and Irvine Terrace area. 20. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. . I I I I I I 21. The Fire Department access shall be approved by the Fire Department. 22. The proposed project shall incorporate an internal security system (i.e. security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Departments and approved by the Planning Department. 23. That all access to the buildings be approved by the Fire Department. 24. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 25. That fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. 26. Prior to the occupancy of any buildings, a program for the sorting of recyclable material form other solid wastes shall be developed and approved by • the Planning Department. -35- MINUTES INDEX 27. A qualified . archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 28. All proposed development shall provide for vacuum sweeping of parking areas. 29. The project shall be so designed to eliminate light and glare spillage on adjacent area. 30. That prior to the issuance of a building permit the applicant shall provide the Building Department and the Public Works Department with a letter form the Sanitation District stating that sewer facilities will be available at the time of occupancy. • 31. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation District that adequate sewer capacity is available to serve the project. 32. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 33. The requirements of the approved Traffic Study shall be made. 34. Only quieted or "hushed" models of construction equipment suitable for work in hospital zones shall be used. 35. Pavement breaking and hauling shall be conducted only on weekends to avoid disturbance of existing nearby medical offices. 36. Noise generating activities and equipment shall be located as far as practicable from the existing office buildings to effectuate noise reduction achieved by distance. Affected activities include but are not limited to trucking, concrete delivery and pumping, welding, power generation, and . compressed air supplies. -36- January 5, 1984 f � � m m moo City of Newport Beach INDEX 27. A qualified . archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 28. All proposed development shall provide for vacuum sweeping of parking areas. 29. The project shall be so designed to eliminate light and glare spillage on adjacent area. 30. That prior to the issuance of a building permit the applicant shall provide the Building Department and the Public Works Department with a letter form the Sanitation District stating that sewer facilities will be available at the time of occupancy. • 31. Prior to occupancy of any building, the applicants shall provide written verification from Orange County Sanitation District that adequate sewer capacity is available to serve the project. 32. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 33. The requirements of the approved Traffic Study shall be made. 34. Only quieted or "hushed" models of construction equipment suitable for work in hospital zones shall be used. 35. Pavement breaking and hauling shall be conducted only on weekends to avoid disturbance of existing nearby medical offices. 36. Noise generating activities and equipment shall be located as far as practicable from the existing office buildings to effectuate noise reduction achieved by distance. Affected activities include but are not limited to trucking, concrete delivery and pumping, welding, power generation, and . compressed air supplies. -36- MINUTES January 5, 1984 � r ° V o° Ot City of Newport Beach R O L L CALL 1 1 1 1 1 1 1 1 I INDEX 37. All tenants of the medical office building within Block 400 shall receive a schedule of construction activities prior to initial ground breaking, and shall be notified of any major changes to the set schedule. 38. Energy efficient tinted glass shall be provided for the exterior of the office building. 39. Interior walls between conditioned, and unconditioned spaces within the proposed building shall be adequately insulated to prevent undesired heat transfer. 40. Air infiltration, via doors and windows in exterior walls and adjacent to unconditioned spaces, shall be minimized through property design and use of weatherstripping. . 41. The design of the interior lighting system shall incorporate the following practices: a. Use of natural daylight design for general lighting or specific task applications; b. Use of the most energy efficient light source available suitable for the given application; c. Use of the most effective type of light and lighting source for the given application; d. Attention to system maintenance in both design and operation, so that planning for system deterioration does not require excessive initial wattage; and e. Design of the system to allow for flexible control. 42. Exterior lighting design shall maximize the use of energy efficient High Intensity Discharge lighting sources. Such sources include, in ascending order of efficiency, mercury lamps, metal halide lamps • and high pressure sodium lamps. -37- January 5, 1984 � r anxos City of Newport Beach 43. The operation of mechanical and electrical equipment associated with the proposed development shall be systematically controlled to maximize efficiency and reduce energy consumption. 44. The parking layout including the distribution of compact spaces shall be subject to further review and approval of the Traffic Engineer. 45. Pedestrian and vehicular circulation shall be subject to further review and approval by the Public Works Department. 46. The handicap parking shall comply with Title 24 of the California Administrative Code. • 47. Sign location shall be subject to review and approval of the Traffic Engineer. 48. Landscaping shall be subject to review and approval of the Traffic Engineer. * * x -38- MINUTES INDEX COMMISSKY"�IERS MINUTES January 5, 1984 � r as City of Newpurt Beach ROLL CALL INDEX Use Permit No. 1806 (Amended) (Public Hearing) Item #9 Request to amend a previously approved use permit which allowed the establishment of a delicatessen- restaurant facility with on and off -sale beer and wine in the Newport Hills Center (i.e., Area 14 of the Harbor View Hills Planned Community). The proposed amendment is to allow an expansion of the existing "net public area" by USE PERMIT adding an outdoor dining and drinking area in front of NO. 1806 the restaurant. (AMENDED) LOCATION: Lot No. 1, Tract No. 9014, located at 2632 San Miguel Drive, on the southeasterly corner of San Miguel Drive and Ford Road in the Newport Hills Center. ZONE: P -C APPROVED CONDI- . APPLICANT: What's Cooking Restaurant, Newport Beach TIONALLY OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Jorge Luhan, representing the applicant, appeared before the Commission and requested approval of the amended use permit. In response to a question posed by Chairman King, Planning Director Hewicker stated that staff is of the opinion that the parking ratio is adequate for the restaurant, inasmuch as no dancing or live entertainment is proposed, and the restaurant attracts customers from nearby residential areas, or persons who are already at the shopping center. Further, he stated that many of the businesses 'in the shopping center are closed during the evening hours, thereby providing additional parking during the evening. In response to a question posed by Chairman King, Planning Director Hewicker stated that an additional condition could be imposed which would state, "That the incidental outdoor dining and drinking area shall be permitted under the existing cover of the roof and . I I I I I I in front of the restaurant, not to exceed seating for 24 persons." -39- f m : m c n x p j O m _ m January 5, 1984 M I MINUTES M R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX In response to a question posed by Chairman King, Mr. Luhan stated that the outside seating would be removed after closing hours for maintenance and security purposes. Motion X Motion was made for approval of Use Permit No. 1806 All Ayes 'X X X X X X (Amended) , subject to the findings and conditions of Exhibit "A ", with the additional condition as suggested by staff relating to the incidental outdoor dining, which MOTION CARRIED, as follows: FINDINGS: 1. That, as conditioned, the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking spaces are being • provided for the proposed restaurant use. 3. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 4. The approval of Use Permit No. 1806 (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 development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That a minimum of one parking space for each 50 square feet of the restaurant "net public area" shall be maintained in the common parking lot. • I ( I I I I I 3. That the existing outdoor dining and drinking area shall be reduced in area so that a maximum of 80 sq.ft. of exterior "net public area" is used. -40- :E r $yyy m m January 5, 1984 of Newport Beach MINUTES M ROLL CALL 1 1 1 1 1.1 1 1 1 INDEX r i LJ Motion All Ayes X X X • 4. That the Planning Commission may add and /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 or welfare of the community. 5. That all other applicable conditions of Use Permit No. 1806 shall be fulfilled. 6. That the incidental outdoor dining and drinking area shall be permitted under the existing cover of the roof and in front of the restaurant, not to exceed seating for 24 persons. General Plan Amendment 83 -1(b) (Discussion) Iltem #10 Request to set for public hearing, an amendment to the Newport Beach General Plan, for property located within Area 11 of the Harbor View Hills Planned Community, more specifically identified as all the property included in Annexation No. 89, so as to establish a IGPA 83 -1b designation of "Low Density Residential" uses for the subject property. INITIATED BY: The City of Newport Beach - Set for public There being no discussion, the following motion was hearing made: on Janu- ary 19, Motion was made to set General Plan Amendment 83 -1(b) 1984 for public hearing on January 19, 1984, which MOTION CARRIED. x -41- MINUTES January 5, 1984 0 City of Newport Beach W;a M R O L L CALL I I I I Jill I INDEX Motion All Ayes • Motion All Ayes is General Plan Amendment No. 83 -1(c) (Discussion) Item #11 Request to set for public hearing, an amendment to the Newport Beach General Plan for property located adjacent to Medical Lane, so as to reclassify said property from "Multiple Family Residential" uses to "Administrative, Professional and Financial Commercial" uses. GPA 63 -1c INITIATED BY: The City of Newport Beach There being no discussion, the following motions were made: X Motion was made to recommend that the City Council [ I X JX X X X x initiate a General Plan Amendment by expanding GPA 83 -1(c) to include those properties shown on the Study Area Map and indicated as properties No. 1; 4 and a portion of No. 5, which MOTION CARRIED. XIX F I Motion was made to set General Plan Amendment No. 83 -1(c) for public hearing on February 9, 1984, which MOTION CARRIED. • r Use Permit No. 1089 (Amended) (Discussion) Request for the Planning Commission to determine if the proposed development plans are in substantial conformance with plans previously approved in conjunction with the expansion of the Flagship Convalescent Hospital. LOCATION: Record of Survey 79 -7 (Resubdivision No. 198) located at 466 .Flagship Road, on the. southeasterly side of Flagship Road .between Hilaria Way and Dana Road, in the Hoag Memorial Hospital area. ZONE: A -P -42- MINUTES January 5, 1984 3 � r m m 0- City of Newport Beach M R O I L CALL 1 1 1 1 1 1 1 1 1INDEX APPLICANT: Paul Miller, Fullerton OWNER: American Medical Services #1, Inc., Milwaukee, Wisconsin The discussion opened in connection with this item and Mr. Paul Miller, the applicant, appeared before the Commission. Mr. Miller requested that the Commission find that the inclusion of the basement area is in conformance. with the previous approval of the amended use permit. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the basement area is not expected to increase the overall parking demand for the facility. In response to a concern expressed by Commissioner • Winburn, Mr. Miller stated that after the expansion of the facility has been completed, the parking lot will be restriped. He stated that the City Council approved the required off -site parking agreement for 27 parking spaces on the property adjoining the site. In addition, the use of compact car spaces on the subject property for a portion of the required off - street parking was also approved by the City. Motion X Motion was made to approve the inclusion of the All Ayes X X X X X basement area as shown on the submitted floor plan, on the basis that said plans are in substantial conformance with the previous approval of Use Permit No. 1089 (Amended), which MOTION CARRIED. • -43- MINUTES January 5, 1984 f �$ v m m m ° E E City of Newport Beach INDEX ADDITIONAL BUSINESS Use Permit No. 3054 Planning Director Hewicker presented plans of an approved development for Area 8 of the Aeronutronic Ford Planned Community which depicted a Cape Cod exterior treatment, rather than a Spanish style exterior. He stated that the proposed plans utilize the identical site plan and floor plans of the approved project. He asked for input from the Commission members relating to the proposed change in exterior treatment. Chairman King stated that the change from a Spanish style exterior to a Cape Code exterior is apparently a marketing decision on behalf of the developer. The Planning Commission members had no objections with the proposed change. • I I I� I I I I Use Permit No. 3041 - Papagayo's Restaurant Commissioner Person suggested that revocation proceedings be initiated in conjunction with this use permit because many of the conditions of approval imposed upon the use permit have not been met, to date. Mr. Robert Stanley, representing the operator of the restaurant, appeared before the Commission. Mr. Stanley stated that the applicant is in the process of complying with the conditions of approval. He stated that the City has not sent the applicant a bill for the five in -lieu parking spaces. Chairman King clarified for Mr. Stanley, that the City does not send out hills for in -lieu parking spaces. He stated that it is the applicant's responsibility to make the payment to the City for the in -lieu parking spaces. Commissioner Balalis strongly suggested that Mr. Stanley and the applicant make every effort to comply with the conditions of approval before the revocation hearing date. He stated that these efforts can be coordinated with Mr. Bill Ward, Senior Planner, of the City Planning Department staff. -44- kA/WSSI0NERS January 5, 1984 � x ? p m X m m City of Newport Beach Motion Motion was made to set for public hearing on February All Ayes x X X X X 9, 1984, to consider revocation proceedings on Use Permit No. 3041, .located at 209 Palm Street, for failure to comply with required conditions of approval, which MOTION CARRIED. • s Excused Absences Motion X Motion was made to excuse Commissioners Balalis and All Ayes X X X X X Person from the January 19, 1984, Planning Commission Meeting, which MOTION CARRIED. • There being no further business, the Planning Commission adjourned at 11:20 p.m. n U James Person, Secretary City of Newport Beach Planning Commission -45- MINUTES INDEX