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HomeMy WebLinkAbout01/05/1989COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers yq o�9��E �wo�m TIME: 7:30 p.m. DATE: January 5, 1989 9y o�oy l��o�,yo CITY OF NEWPORT BEACH MINUTE ROLL CALL INDEX Present Absent * * Commissioner Debay and Commissioner Edwards were absent. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of December 8. 1988: Minutes of n *Aes * Motion was made and voted on to approve the December 8, 12 -8 -88 * * * * * 1988, Planning Commission Minutes. MOTION CARRIED. Absent Public Comments. Comments No persons came forth to speak on non - agenda items. Posting of the Agenda: Posting of the James Hewicker, 'Planning Director, stated that the Agenda Planning Commission Agenda was posted on Friday, December 30, 1988, in front of City Hall. Resubdivision No. 888 (Public Hearing) Item No.l Request to resubdivide a portion of an existing lot into 8888 a single parcel of land for a two unit residential development on property located in the R -2 District. Approved LOCATION: A portion of Lot 4, Block 7, Tract No. 27, located at 3244 Broad Street, on the easterly side of Broad Street, between Bolsa Avenue and Westminster Avenue, in Newport Heights. COMMISSIONERS MINUTES y�G� 9�NO99�9�9Z January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: R -2 APPLICANT: Bryn Berge, Newport Beach OWNER: Same as applicant ENGINEER: Valley Consultants, Inc., Santa Ana The public hearing was opened in connection with this item, and Mr. Bryn Berge, applicant, appeared before the Planning Commission to state that 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 Ayes * * * * * No. 888 subject to the findings and conditions in Absent * * Exhibit "A ". MOTION CARRIED. 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 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to occupancy. The parcel map shall 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 be served with an individual -2- COMMISSIONERS MINUTES ymG9��9o�y�v�9a�sy January 5, 1989 y0` CITY OF NEWPORT BEACH ROLL CALL INDEX 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 the issuance of building permits. 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 curb, gutter, sidewalk and street paving improvements be constructed along the Broad Street frontage under an encroachment permit issued by the Public Works Department. 7. That street, drainage and utility improvements be shown on standard improvement plans prepared by a • licensed civil engineer. The City has preliminary grades for the design for these street improvements. 8. That the Public Works Department plan check and inspection fee be paid. 9. That park dedication fees for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 10. 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. -3- COMMISSIONERS MINUTES �dG c^ �a99�ygvy of January 5, 19.89 9y9a�- y f� os o dh CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 3333 (Public Hearing) Item No.2 Request to permit the construction of a two unit UP3333 residential condominium development with related garages on property located in the C -1 District. 8884 LOCATION: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boulevard, on the Approved northerly side of East Balboa Boulevard between Cypress Street and Adams Street, in Central Balboa. AND B. Resubdivision No. 884 (Continued Public Hearing) Request to resubdivide two existing lots into two parcels of land for two unit residential condominium purposes on each parcel, on property located in the C -1 District. LOCATION: Lots 11 and 12, Block 3, Balboa Tract, located at 408 and 410 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between Cypress Street and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Josephine Ioffrida, Newport Beach OWNER: Same as applicant ENGINEER/ ARCHITECT: Balboa Pacific, Newport Beach James Hewicker, Planning Director, explained that the westerly lot has been deleted from the resubdivision application inasmuch as the existing commercial tenant currently has a long term lease on the property; therefore, the only property to consider is 410 East Balboa Boulevard. Mr. Hewicker advised that the entire block will come back to the Planning Commission at a later date for a reclassification to the R -2 District, so as to be consistent with the Land Use Element of the General Plan. • The public hearing was opened in connection with this item, and Mr. Pete Rose, representing the applicant, -4- COMMISSIONERS MINUTES A A 7j En O.� y� a� ix� 6�t� ao y�y�9yvj, January S, 1989 A y �`y CITY OF NEWPORT BEACH ROLL CALL INDEX appeared before the Planning Commission to state that he concurs 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 Use Permit No. Ayes * * * * * 3333 and Resubdivision No. 884 subject to the findings Absent * * and conditions in Exhibit "A ". MOTION CARRIED. A. Use Permit No. 3333 FINDINGS: 1. That each of the proposed units has been designed as a condominium. 2. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program. 3. That an adequate number of on -site parking spaces will be provided for the residential condominium development. 4. The project will comply with all applicable standards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 5. That the proposed 5 foot front yard setback is consistent with other duplex development within the same block as the subject property. 6. The approval of Use Permit No. 3333 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 elevations, except as noted below. -5- COMMISSIONERS MINUTES yBG 9o99�y�v� January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That one tandem garage space and one carport space for each dwelling unit shall be maintained for vehicular storage at all times. 3. That the gross structural area of the development shall not exceed 3,126 square feet. 4. That all conditions of approval of Resubdivision No. 884 shall be fulfilled. 5. That the garage be set back 'a minimum of 10 feet and that the grade of the drive approach in the setback area remain the same as that on either side of the parcel and that the building overhanging the setback be a minimum of 8 feet above alley grade. 6. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 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. B. Resubdivision No. 884 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 development. CONDITIONS• 1. That a parcel map be recorded prior to occupancy. • The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. -6- COMMISSIONERS MINUTES ymG�� o�aoy�Cvo9o�sj� January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 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 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 deteriorated sidewalk and deteriorated portions of curb be reconstructed and the existing drive depression be removed and replaced with curb and sidewalk along the East Balboa Boulevard frontage under an encroachment permit issued by the • Public Works Department. 6. That all vehicular access to the property be from the adjacent alley. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That the Public Works Department plan check and inspection fee be paid. 9. That the applicant shall obtain Coastal Commission approval of this application prior to the recordation of the parcel map. 10. That park dedication fees for two dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 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. -7- COMMISSIONERS MINUTES January 5, 1989 sy? goy Q��o�,Zo CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 1421 (Amended) (Public Hearing). Item No.3 Request to amend a previously approved use permit which Up1421A permitted the expansion of the existing Hoag Hospital facility on property located in the A -P -H District. The Approved proposed amendment includes: a request to construct an addition to the MRI emergency waiting room; the construction of a first floor pedestrian link building which will include a pedestrian corridor, a small lobby and a future laboratory; and the construction of a two level parking structure for doctors with roof -top parking. A modification to the Zoning Code is also requested so as to permit said parking structure to encroach 5 feet into the required 15 foot front yard setback adjacent to Hospital Road. Also requested is an exception to the Sign Code so as to allow the installation of 4 internally illuminated wall signs on the tower building and adjacent elevator tower whereas only 3 wall signs would be permitted and to allow the installation of an additional ground sign. The proposal also includes the acceptance of an environmental document. LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant Commissioner Pers6n and James Hewicker, Planning Director, discussed Commissioner Pers6n's concerns regarding the applicant's "piecemeal" applications that have been coming before the Planning Commission, and his request that the applicant submit a Master Plan as soon as possible. Mr. Hewicker explained that staff.requested that the applicants delay processing major applications during the past year because of the extensive General Plan workload. Mr. Hewicker addressed the rapid changes in medicine, and the desire by Hoag Hospital to meet those needs. . Mr. Hewicker explained that the applicants have withdrawn their proposal to install four wall signs on the tower building and elevator tower inasmuch as the _g_ COMMISSIONERS MINUTES A A f O % January 5, 1989 may? goy ooyo CITY OF NEWPORT BEACH ROLL CALL INDEX adjacent residents have expressed concerns regarding said request. In reference to the 82 parking spaces that are proposed, Mr. Hewicker commented that said parking spaces are not required by the expansion; however, he said that the parking spaces could be absorbed by the support personnel required for the additional services that the hospital is providing. Don Webb, City Engineer, referred to Condition No. 4 which states "that a minimum 4 foot wide sidewalk shall be provided along the main drive adjacent to the doctor's parking structure. ", and he commented that inasmuch as said sidewalk could be placed on either side of the driveway that "on either side of the driveway" be added to the condition. In reference to Condition No. 5 which states "that the applicant shall widen Hospital Road to provide a left turn for eastbound traffic. The widening shall be completed prior to occupancy of the waiting room additions." Mr. Webb commented that inasmuch as the applicants have not had an opportunity to completely review said condition that "unless otherwise approved by the Public Works Department" be added. The public hearing was opened in connection with this item, and Mr. Pete Foulke, Senior Vice President, appeared before the Planning Commission. Mr. Foulke addressed the "piecemeal" applications and he pointed out that there is a continuous need for hospital expansion. Mr. Foulke commented that a master plan is currently in the process of being developed. In reference to the wall signs, Mr. Foulke explained that the applicants intend to come back to the Planning Commission with the request after they have addressed the proposal with the adjacent neighbors. Commissioner Pers6n pointed out that the sign proposal would require another amendment to the use permit. Mr. Foulke concurred with the findings and conditions in Exhibit "A ", as modified by Mr. Webb. Mr. Foulke and Commissioner Merrill discussed the site of the second modular MRI facility and Mr. Foulke explained that the intent is to turn the site into s parking area; however, he said that if there is a need • for a modular unit for an additional use, the site has been approved to install said modular unit. Mr. Foulke concurred with Commissioner Pers6n that the application for the wall signs has been withdrawn at -9- COMMISSIONERS MINUTES o„ yo'0�m Nm AG �N�p9 9 'v, January 5, 1989 o�oy l�Po�yO CITY OF NEWPORT BEACH ROLL CALL INDEX this time by the applicants, and that any future consideration of wall signs at Hoag Hospital will have to come back before the Planning Commission, regardless of the number of signs. .In response to questions posed by Commissioner Winburn regarding the pedestrian link and the proposed laboratory, Mr. Foulke explained that the proposal will allow expansion of an existing laboratory area and inasmuch as there would be a limited increase in space, a minimal number of employees, if any, would be added to the staff. In response to a question posed by Commissioner Winburn regarding the additional 20 parking spaces adjacent to the emergency room, Mr. Foulke replied that the parking lot would be adjacent to the Versailles tennis courts, and that said parking spaces would be used by the general public. Ms. Peg Morrele, 270 Cagney Lane, appeared before the Planning Commission to address the proposed wall signs. • There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Di Sano addressed the difficulty of approving "piecemeal" applications without a Master Plan; however, he said that he would not delay improvements that would benefit the community. Commissioner Di Sano stated his support of the monument sign. Motion * Motion was made to approve Use Permit No. 1421 (Amended) subject to the findings and conditions in Exhibit "A ", adding "on either side of the driveway" to Condition No. 4, adding "unless otherwise approved by the Public Works Department" to Condition No. 5, modifying Condition No. Ayes * 13 to state "that no wall identification sign shall be Absent * permitted unless the Planning Commission approves an amendment to this use permit." MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding uses. • 2. That the project will not have any significant environmental impact. 10- COMMISSIONERS MINUTES - 2mG?'�,yo�9C9�o amp January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That adequate parking exists to serve the facility. 4. That the off -site ground sign at the corner of Newport Boulevard and Hospital Road is necessary for identification purposes; that the sign will replace an existing sign; and the sign will not be detrimental to the area. 5. That the proposed fourth wall sign is not necessary for building identification, inasmuch as two of the wall signs are proposed to face the same direction, and the fourth wall sign could be detrimental to the area. 6. 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. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal • Code. 8. That a modification to the Zoning Code so as to permit a corner of the parking structure to encroach 5 feet into the required 15 foot front yard setback adjacent to Hospital Road will not, under the circumstances of the particular case, be detrimental to the health; safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City inasmuch as an average setback of 15 feet along Hospital Road will be provided; and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 9. That the approval of roof top parking will not be detrimental to the area inasmuch as the parking structure is well below the permitted height limit and views of the cars will be screened by a parapet wall. 10. That the approval of this amendment to Use Permit No. 1421 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 -11- COMMISSIONERS MINUTES a�p�F9o�y�y�9y�c January 5, 1989 yo�y�`oso CITY OF NEWPORT BEACH ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all conditions of approval of Use Permit No. 1421 (Amended) shall remain in effect. 3. That a turnaround shall be provided in the doctors' parking structure. 4. That a minimum 4 foot wide sidewalk shall be provided along the main drive adjacent to the doctors' parking structure, on either side of the driveway. • 5. That the applicant shall widen Hospital Road to provide a left turn for eastbound traffic, unless otherwise approved by the Public Works Department. The widening shall be completed prior to occupancy of the waiting room additions. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer according to the City's new standards. That additional sidewalks required by the approved plan will be constructed. 8. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls 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. -12 COMMISSIONERS MINUTES 0 y�G�y��w�y9CCyo�yQS January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That the monument sign proposed at Hospital Road and Newport Boulevard provide sight distance in conformance with City Standard 110 -L. 10. That the gate and island in front of the "A" parking lot be relocated to a location approved by the Traffic Engineer. 11. The construction of the emergency department structure and the doctors' parking structure shall be subject to and in compliance with a grading permit. 12. The project shall include landscaping along Hospital Road as illustrated in the proposed site plan. A landscape plan shall be prepared and submitted for review by the Parks, Beaches, and Recreation Department and approval by the Planning and Public Works Department prior to the issuance of building permits for the parking structure on • Hospital Road. 13. That no wall identification signs shall be permitted unless the Planning Commission approves an amendment to this use permit. 14. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 15. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. -13- COMMISSIONERS MINUTES y0 O� tnP tip tP G�F� �'0 9cfle9ovX January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 1877 (Amended) (Public Hearing) Item No.4 Request to amend a previously approved use permit which UP1877A permitted the establishment of an automobile rental and leasing facility on property located in the C -1 -H 8885 .District. The proposed amendment includes a request to construct a car wash and maintenance facility for minor Approved vehicle repairs and service, and the installation of an underground fuel tank. AND B. Resubdivision No. 885 (Public Hearing) Request to resubdivide portions of two existing lots in the C -1 -H District into a single parcel of land for commercial development. LOCATION: Portions of Lots 78 and 79, Tract No. 706, located at 3500 and 3510 Irvine Avenue, on the southeasterly side of Irvine Avenue, between Orchard Drive and Bristol Street, across from the Newport Beach Golf Course. ZONE: C -1 -H APPLICANT: Alamo Rent A Car, Inc., Irvine OWNERS: David and Rhoda Magilavy, Newport Beach ENGINEER: Pfeiler & Associates, Diamond Bar The public hearing was opened in connection with this item, and Mr. Jerry McKee, applicant, appeared before the Planning Commission to state that he concurs with the findings and conditions in Exhibit "A ". Commissioner Merrill questioned if the automobiles are leased at the airport, and Mr. McKee explained that the customers are brought to the facility by van. Commissioner Merrill determined that the sales tax remains in Newport Beach. There being no others desiring to appear and be heard, the public hearing was closed at this time. loon I Motion was made and voted on to approve Use Permit No. Ayes * * 1877 (Amended) and Resubdivision No. 885, subject to the Absent * findings and conditions in Exhibit "A ". MOTION CARRIED. -14- COMMISSIONERS MINUTES ymG����N�9y y 9 mid, CITY OF NEWPORT BEACH January 5, 1989 �y goy �f�'o�yo ROLL CALL INDEX USE PERMIT N0. 1877 (AMENDED) FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. 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. 4. That adequate off - street parking spaces will be provided in conjunction with the proposed develop- ment. 5. The approval of Use Permit No. 1877 (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 confor- mance with the approved plot plan and building plans, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1877 (Amended) as approved by the Planning Commission on January 8, 1987 shall remain in effect. 3. That the applicant shall post a standard "No Left Turn" sign at the exit driveway. 4. That at least 14 customer and employe parking spaces shall be provided on -site, and that the customer parking spaces shall be clearly marked. • 5. That the onsite parking and vehicular circulation systems be subject to further review by the City Traffic Engineer. -15- COMMISSIONERS MINUTES A m y W January 5, 1989 4 0Alo�lp 0 Nx o CITY OF ROLL CALL INDEX 6. That all car wash, repair, and maintenance activities shall be contained within the building. 7. That all wash water shall drain into the sanitary sewer system and that the wash area drain shall be equipped with a trap for the collection of auto wash residue. 8. That Resubdivision No. 885 shall be recorded prior to the issuance of building permits. 9. That all conditions of approval of Resubdivision No. 885 shall be fulfilled. 10. That maintenance and repair facilities, the car wash, and fuel island shall be used exclusively for servicing lease and rental vehicles owned by the lease and rental agency, and such facilities shall not be open to the general public. 11`. That the entire automobile storage and employe /customer parking areas shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature. 12. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation 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. 13. This use permit shall expire unless exercised within twenty -four months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. RESUBDIVISION NO. 885 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. -16- COMMISSIONERS MINUTES January 5, 1989 r♦ y ` CITY OF NEWPORT BEACH ROLL CALL 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 the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions. 1. That a parcel map be recorded prior to issuance of building permits 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 the intersection of the private drives and Campus Drive be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 4. 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 of the parcel map. 5. That all signing shall be located outside the Irvine Avenue right -of -way with the locations to be approved by the Public Works Department. 6. 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. -17 COMMISSIONERS MINUTES January 5, 1989 o�9y CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3070 (Amended) (Public Hearing) Item No.S Request to amend a previously approved use permit that UP3070A . permitted the establishment of a take -out ice cream shop and the waiver of all of the required off - street parking Denied on property located in the C -1 District. The proposed amendment includes a request to amend Condition No. 2 of the previously approved use permit so as to allow the facility to open at 5:00 a.m, whereas the current approval is limited to a 7:00 a.m. opening. The proposal also includes a request to amend Condition No. 4 so as to allow the preparation and sale of pastries, cookies and sandwiches. LOCATION: Lot 5, Block M, Tract No. 323, located at 2756 East Coast Highway, on the northeasterly side of East Coast Highway, between Fernleaf Avenue and Goldenrod Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert W. Forstrom, La Canada OWNER: Alex Pourgal, Huntington Beach The public hearing was opened in connection with this item, and Mr. Robert Forstrom, applicant, appeared before the Planning Commission. Mr. Forstrom concurred with the findings and .conditions in Exhibit "A ", with the exception of Condition No. 3 that states "that the facility shall be open for business only between the hours of 6 :00 a.m,. and 12:00 midnight daily." He requested that the facility be allowed to be open at 5:00 a.m., and he advised that 458 Corona del Mar residents and 180 Newport Beach residents signed a petition in support of the 5 :00 a.m. opening. Mr. Forstrom referred to remarks that were made by customers asking why would the City refuse to let him open at 5:00 a.m. when there are two businesses on the Balboa Peninsula that are open 24 hours a day, one business that opens at 5:30 a.m. and another business on Balboa Island that opens at 4 :30 a.m., and if the Standard Station at MacArthur Boulevard and East Coast Highway were open for 24 hours, why would the residents of Newport Beach be allowed to "feed their automobiles but • not themselves ", and he said that there is more noise on East Coast Highway than is made by customers entering and leaving the facility. 18- COMMISSIONERS MINUTES yG'tin�9y+��9y 9 vO�s January 5, 1989 my �oy cc"oo�o CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Pers6n pointed out that the applicant had been contacted on previous occasions regarding the existing use permit, and he questioned if there is any indication that the applicant would operate in more compliance than in the manner in which he has been .operating his business. Mr. Forstrom replied that most of the previous problems related to trash, and he said that he would be willing to haul the trash away himself inasmuch as there is no place to install a dumpster, on the property. In response to a question posed by Chairman Pomeroy, Mr. Forstrom replied that he would agree to a condition to that effect. In response to Commissioner Pers6n's statement regarding the previous problems relating to the cleanliness of the sidewalk, Mr. Forstrom replied that said concern is now under control. Don Webb, City Engineer, stated that during the morning peak hours, customers of the subject facility are stopping and parking in the red zone, crosswalks, and around the corner. He explained that said activity is • critical and that staff is very concerned about the illegal parking in the intersection of East Coast Highway and Goldenrod Avenue. Mr. Forstrom suggested /that the Police Department could occasionally patrol the area. Commissioner Merrill rebutted Mr. Forstrom's foregoing remarks regarding why the facility should be opened at 5:00 a.m., and he said that the Planning Commission does not approve uses that would require police to be taken away from their other duties and to make work for the Police Department. Commissioner Merrill referred to the adjacent business, Mucho Munchies, that has been approved by the Planning Commission to open at 7:00 a.m., and Mr. Forstrom explained that they do not open until mid - morning inasmuch as they have not built up a clientele to open earlier. Commissioner Merrill concluded that there is the possibility that two similar uses could be attracting customers at 7:00 a.m. Commissioner Winburn stated that take -out restaurants require parking for employees. She said that based on intensification of use that she would consider the subject facility to be a destination point inasmuch as customers are stopping by on purpose with their • automobiles in the morning. Mr. Forstrom rebutted that the customers are on their way to work and that he would not consider same to be a destination point. Chairman Pomeroy pointed out that there are two Municipal parking -19- COMMISSIONERS MINUTES' ZmG9c^�po�9�s�92 January 5, 1989 y�`y�` CITY OF NEWPORT BEACH MUM ROLL CALL INDEX lots within two blocks of the facility where the employees could park their automobiles. Mr. Andrew Cyga, 614 Goldenrod Avenue, appeared before the Planning Commission to oppose the application on the .basis that the applicant has been opening the facility` at 5:00 a.m. daily for the past two years and not 7:00 a.m. as required; that the automobiles are stopping at the red curb, on the sidewalk, and in the bank parking lot; that 50 percent of the customers leave their engines running at 5 -5:30 a.m., there is loud talking, and they leave their radios on; and that when he leaves for work at approximately 6:00 a.m, there is traffic congestion and confusion in front of the facility. Mr. Cyga stated that he contacted the applicant regarding the trash that piles tip over the weekend. Mr. Cyga further stated that he has seen a menu with sandwiches listed during the past few months. Mr. Forstrom reappeared before the Planning Commission, and in response to questions posed by Chairman Pomeroy, Mr. Forstrom replied that he has been serving sandwiches for the past few months, and that he has been opening at 5:00 a.m. upon the request of the customers. Commissioner Winburn pointed out that the applicant appeared before the Planning Commission on June 20, 1985, to amend the original use permit to permit the facility to open at 7:00 a.m. from the originally approved 11:00 a.m. on November 10, 1983, and that he was aware that he was required to apply for permission from the Planning Commission to open earlier. Mr. Forstrom concurred with Commissioner Winburn's statement. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to deny Use Permit No. 3070 (Amended) Ayes * * * * subject to the findings in Exhibit "B ". Commissioner Absent * * Pers6n requested that this matter come back to the Planning Commission on February 9, 1989, as a discussion item for the purpose of considering revocation of the original use permit, and that staff generate the menu as well as information from the Police Department and from the Traffic Engineer's office concerning traffic • problems at that location. Commissioner Winburn stated that she would support the motion. -20- COMMISSIONERS MINUTES �� 9o9��y�y2gx January 5, 1989 G 9y 0" y �`aso CITY OF NEWPORT BEACH ROLL CALL INDEX Motion was voted on to deny Use Permit No. 3070 (Amended) subject to the findings in Exhibit "B ". MOTION CARRIED. FINDINGS: 1. That the proposed addition of baking and service of sandwiches to the take -out restaurant represents an intensification of use that will result in an increased parking demand for the area. 2. That existing problems with the unkempt sidewalk and storage of trash will be aggravated by the intensified use. 3. That the approval of this amendment to Use Permit No. 3070 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or to the • general welfare of the City. A Traffic Study No. 52 (Public Hearing) Item No.6 TS No.52 Request to approve a traffic study in connection with a restaurant in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan. UP 3328 AND Approved B. Use Permit No. 3328 (Public Hearing) Request to permit the establishment of a nighttime only restaurant with on -sale alcoholic beverages, live entertainment and valet parking on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan.. The proposal also includes a request to approve an off -site parking agreement for a portion of the required off - street parking to be located in the Mariner's Mile Commercial Center, at 2700 West Coast Highway. LOCATION: A portion of Lot H, Tract No. 919, • located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue (restaurant site); and Parcel 2, -21- COMMISSIONERS MINUTES ZmG 9o99�v�9 %vx January 5, 1989 +♦ CITY OF NEWPORT BEACH ROLL CALL INDEX Parcel Map 73 -23, located to the rear of 2700 West Coast Highway on the northerly side of West Coast Highway (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: James and Sharon Carter, Anaheim Commissioner Winburn requested a report from staff regarding the Harbor Permit approved for the subject site. James Hewicker, Planning Director, reported that the Harbor Permit that was approved for boat slips bayward of the subject property included boats within those slips that are for sale through yacht brokerages, or used by the businesses on the premises. He explained that the existing Harbor Permit does not allow any of the boat slips to be rented or leased to private boat owners. . Discussion ensued between Commissioner Pers6n, Mr. Hewicker, and Bill Laycock, Current Planning Manager, regarding the 32 on -site parking spaces and related off - site parking spaces required for the nighttime restaurant, based on one parking space for each 40 square feet of "net public area ". Commissioner Pers6n emphasized that a primary concern is to be certain that no valets park customers' automobiles on the northerly side of West Coast Highway, and he wanted the applicant to be aware of the seriousness of his concern. Commissioner Pers6n forewarned the applicant that if he observed a valet crossing West Coast Highway that he would immediately call up the use permit for revocation. He commented that valets from at least one restaurant are shuffling automobiles across West Coast Highway and that said restaurant is not subject to a use permit. The public hearing was opened in connection with this item, and Mr. James A. Carter, applicant, appeared before the Planning Commission. Mr. Carter stated that he concurs with the findings and conditions in Exhibit "A" with the exception of Condition No. 21 which states "that a 10 foot wide easement be granted to the City along the bay frontage... ", and he explained how "sawtoothing" the glass facade of the building enhanced the design of the building which would reduce the easement to between eight and ten feet, wherein he requested that said condition be modified. 22 COMMISSIONERS MINUTES y�G 9o99�y�vy January 5, 1989 ay � y �� o� o CITY OF NEWPORT BEACH ROLL CALL INDEX In reference to Condition No. 16, which states "that all signs shall conform... ", Mr. Carter requested that "new" be inserted; however, he said that the existing sign could be refurbished. .In reference to Condition No. 6 requesting a revised parking plan, Mr. Carter explained that the parking lot was restriped two years ago, and when the applicants gave the six foot easement to the City there was an area that would allow additional parking. Mr. Carter requested that universal parking spaces not be required inasmuch as the original parking plan would provide an additional four compact parking spaces. In reference to Condition No. 8, Mr. Carter requested that the subject restaurant be open for lunch on Saturdays and Sundays inasmuch as The Chart House Restaurant is closed for lunch on weekends and additional parking is available. In response to questions posed by Mr. Hewicker, Mr. Carter replied that he could provide an off -site parking agreement inasmuch as he is half -owner of the adjacent property. Mr. Hewicker commented that the applicant would be required to provide an off -site agreement that meets the requirements of the City. Mr. Carter stated that he intends to park all of the customers' automobiles onsite on weekends for brunch, and that employee parking would probably be offsite. In response to a question posed by Commissioner Pers6n, Mr. Carter replied that a valet service will manage the valet operation. Mr. Carter stated that the applicants will police the operation to be certain that the valets do not cross 'West Coast Highway. Commissioner Pers6n emphatically expressed his comments that it is not in the best interests of the applicants or the community - at -large that the valets cross West Coast Highway. In response to questions posed by Commissioner Winburn regarding the Harbor Permit that is in existence and the number of yachts that are maintained for the yacht brokerages, Mr. Carter replied that all of the yachts that are bayward of the property are with yacht brokerages; however, there are some boats that dock there and park offsite. Commissioner Winburn referred to • Condition No. 27 which states that "....the applicant shall obtain the required harbor permits and provide . .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space.. ". In response to Commissioner Winburn's 23 COMMISSIONERS MINUTES January 5, 1989 9y goy C��o�,yo CITY OF NEWPORT BEACH ROLL CALL INDEX statement that no boat charters would be permitted onsite, Mr. Carter assured the Planning Commission that the situation would be taken care of immediately. Mr. Jim Lester, an associate of Burke - Lester, 77 Sea Island, appeared before the Planning Commission on behalf of the applicant. Mr. Lester described the revised parking layout that had been reviewed by staff, and he stated that the universal parking requirements could be met; however, he said that four compact parking spaces would be lost which the applicant would like to maintain. Discussion ensued between Mr. Lester and Chairman Pomeroy regarding the configuration of the parking layout which is where said compact parking spaces would be lost if universal parking spaces were established. Commissioner Pers6n concluded that the parking layout be refined using the universal parking spaces to the satisfaction of the Traffic Engineer in accordance with Condition No. 6. Commissioner Pers6n suggested that he would like to set for a discussion item or a study session the concept of a use permit requirement for all boat charters operating from upland uses inasmuch as said operations could be associated with traffic and parking circulation problems. Commissioner Di Sano concurred with Commissioner Pers6n's recommendation. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission to state that the City's stringent parking requirements, including in -lieu parking fees, is not only going to affect new restaurants but will affect established restaurants. Mr. Sofer referred to the staff report's comments regarding the requirement of dedication of land adopted by the Coastal Commission, and he commented that he has always opposed said dedication. Mrs. Gail Demmer, 2812 Cliff Drive, representing the Newport Heights Community Association, appeared before the Planning Commission to state that said Association supports the proposed project inasmuch as the restaurant meets the Traffic Phasing Ordinance requirements and parking requirements. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before • the Planning Commission to state his concerns regarding discrepancies in the Traffic Study and the ICU as it relates to the subject restaurant. Don Webb, City Engineer, responded to Dr. VanderSloot's concerns as -24- COMMISSIONERS MINUTES y�G,=t^9NCey9v 9A January 5, 1989 y CITY OF NEWPORT BEACH ROLL CALL INDEX follows: he said that the General Plan Amendment calculations indicated 1987 data, and that the 0.98 p.m. ICU at the intersection of West Coast Highway and Riverside Avenue is incorrect inasmuch as the consultant counted two critical moves together instead of counting them separately. Mr. Webb stated that the ICU should be 0.78, which is .02 higher than 0.76 used in the current Traffic Report which is the latest traffic count. Mr. Webb explained that the 0.98 vs. 0.78 does not affect the General Plan because the information was not carried forward to 2010 data inasmuch as that was figured separately. In reference to the total number of project volumes shown to be 17 trips as opposed to 27 trips, Mr. Webb stated that the 10 trips not shown would be trips that would be exiting the site, all in the northbound leg, which is a non - critical move. He stated that the changed a number from .01 to .02 was not a change in the ICU because it is a non - critical movement, it is moving at the same time as a critical movement, and that the ICU shown is correct at 0.89. Mr. Webb commented that the information submitted is not in error, that the • calculations and all of the data shown have deficiencies but would not affect the overall number used. There being no others desiring to appear and be heard, the public hearing was closed at this time. Mr. Webb referred to Condition No. 16 regarding signs, and he explained that Standard 110 -L is used by the Public Works Department to be certain that there is adequate sight distance at driveways. He commented that if the sign impairs the sight distance, it would need to be corrected. Discussion ensued between Chairman Pomeroy, Commissioner Merrill, and Mr. Webb regarding Condition No. 21 so as to maintain the requested 10 foot wide easement but to also permit the encroachment of the sawtooth windows. Motion * Motion was made to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement subject to the findings and modified conditions in Exhibit "A ". Commissioner Di Sano addressed the traffic study as it was presented by Dr. VanderSloot and Mr. Webb, and he made the following modifications to conditions of the use permit. Condition No. 8: approval . of an off -site parking agreement on the property adjacent to the subject property if validated by the City, and to permit the applicant to open for brunch on Saturdays and Sundays when parking is available. 25- COMMISSIONERS MINUTES .p .O0 7f0 p� po - v0 January 5, 1989 ` CITY OF NEWPORT BEACH ROLL CALL INDEX Following discussion 'regarding how Condition No. 21 could be revised to permit the sawtooth design as requested by the applicant and to permit an additional encroachment, the condition was amended to state "that an 8 foot to 10 foot wide easement be granted to the City for public access and to also accommodate the proposed design of the sawtooth building..." Following discussion regarding boat charters, Condition No. 27 was modified to state that "boat charters bayward of the site shall not be allowed without the approval of an amendment to this use permit." Commissioner Merrill stated that he would not support the motion and he expressed his concerns regarding the concentration of restaurants in Mariner's Mile, and he pointed out the similarity of the hours of operation to other restaurants in the area. Commissioner Merrill referred to restaurant row on La Cienega Boulevard in Los Angeles and he commented that the congestion choked some of the restaurants out of business because it became almost impossible for the traffic to circulate. • He commented that the trend appears to be that an office site that is used during the day will also be used for a nighttime restaurant inasmuch as there would be available parking. Commissioner Merrill suggested that the restaurants spread out throughout the City inasmuch as they are a good tax revenue. Motion was voted on to approve Traffic Study No. 52, Use Permit No. 3328 and the Off -Site Parking Agreement Ayes * * * subject to the findings and conditions in Exhibit "A ", No as previously modified. MOTION CARRIED. Absent * * A. Traffic Study No. 52 Findings: 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 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. 3. That the traffic study indicates the project - generated traffic will be greater than one percent -26- COMMISSIONERS MINUTES 001 January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX of the existing traffic during the 2.5 hour peak period on one leg of one critical intersection, but will not add to an unsatisfactory level of traffic service at the critical intersection which will have an ICU of .90 of less. B. Use Permit No. 3328 Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. 7. That adequate parking exists to serve the proposed development. 8. That the waiver of development standards as they pertain to walls, landscaping and parking lot illumination will not be detrimental to the adjoining properties. 9. That the hours of operation of the proposed restaurant facility and the existing remaining office uses are such as to allow joint use of the on -site parking area. 10. That the proposed modification to the Zoning Code so as to permit valet parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, -27- COMMISSIONERS MINUTES �mG 9o9��y�9y January 5, 1989 9y9 y �� os o CITY OF NEWPORT BEACH ROLL CALL INDEX 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 the Municipal Code. 11. The approval of Use Permit No. 3328 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 elevations, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 3. That valet parking service may be provided in conjunction with the proposed restaurant's hours of operation. However, at least 4 on -site parking spaces shall be designated for self - parking and shall be identified in a manner acceptable to the City Traffic Engineer. 4. That the off -site parking area shall be used for employee parking only and that all employees shall park in the off-site parking location. A sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 5. That no compact parking spaces shall be permitted within the proposed development, unless otherwise approved by the City Traffic Engineer. • 6. That the on -site parking, vehicular circulation an pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to 28 COMMISSIONERS MINUTES January 5, 1989 s 010 CITY OF NEWPORT BEACH ROLL CALL INDEX include the design and operation of the valet parking service. The applicant shall also prepare a revised parking plan which is consistent with the newly adopted universal parking design standards. Said parking plan shall be subject to the approval of the City Traffic Engineer. 7. That a minimum of one parking space for each 40 square feet of "net public area" shall be provided for the proposed restaurant. 8. That the hours of operation for the proposed restaurant shall be limited between 5:00 p.m. and 2:00 a.m. daily. The applicant shall record a covenant against the property, the form and content to be approved by the City Attorney, which will guarantee that all nighttime on -site parking shall be for the exclusive use of the subject restaurant, and that all other uses on the site will be closed after 5:00 p.m. The restaurant facility may also be open for brunch on Saturdays and Sundays, provided • that an off -site parking agreement is approved by the City Council guaranteeing that the required additional parking spaces are provided on the adjoining property located at 2801 West Coast Highway for the duration of the subject restaurant use. 9. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 12. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with' the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 29- COMMISSIONERS MINUTES January 5, 1989 yo`y�`oso CITY OF NEWPORT BEACH ROLL CALL INDEX 13. That a trash compactor shall be installed in the restaurant facility. 14. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code, and shall conform to Std. 110 -L. 17. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. 18. 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. 19. That the intersection of the private drive and West Coast Highway be designed to provide sight distance for a speed of 45 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping and walls within the sight line shall not exceed twenty -four inches in height. 20. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.L.L.W. (6.27 MSL). 21. That an 8 foot to 10 foot wide public easement be granted to the City for public access so as to accommodate the proposed design of the sawtoot building along the bay frontage, so as to provide unobstructed public access across the entire project. Said easement shall be improved with concrete sidewalk or other materials meeting the approval of the Public Works Department. -30- COMMISSIONERS MINUTES O� y�G� 9o�y�v�9y January 5, 1989 a CITY OF NEWPORT BEACH ROLL CALL INDEX 22. That a 6 foot wide easement be granted to the City along the easterly side property line between West Coast Highway and the bay in order to provide unobstructed public access to the bay. Said easement shall be improved with a concrete sidewalk or other material meeting the approval of the Public Works Department with signs to inform the public of its existence. 23. That the entrance drive be reconstructed to conform to City Std. 166 -L. This work will require a Caltrans Encroachment Permit. 24. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self parking and shall be identified with one handicapped sign on a post for each handicapped space. 25. That the applicant shall obtain Coastal Commission • approval of this application prior to the issuance of building permits. 26. That no outdoor sound or paging system shall be utilized on -site and all music from the live entertainment shall be confined to the interior of the building and all doors and windows shall be closed while the live entertainment is performed. 27. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required harbor permits and provide the necessary upland support facilities i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. Boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved. 28. 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. -31- COMMISSIONERS MINUTES ONO�0 ymG�9oy9�v�9yrj January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX 29. 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. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Use Permit No. 3336 (Public Hearing) Item No.7 Request to permit the establishment of an automobile UP3336 cosmetic and restoration facility which will include body and fender work, painting and detailing of Approved automobiles on property located in the M -1 -A District. Said proposal also includes a request to install a paint booth and washrack for automobiles. • LOCATION: A portion of Lot No. 812, Newport Mesa Tract, located at 825 16th Street, on the southerly side of 16th Street between Placentia Avenue and Monrovia Avenue, in the West Newport Beach Triangle Area. ZONE: M -1 -A APPLICANT: Steve Kouracos /Auto Cosmetic Inc., Costa Mesa OWNERS: Tim and Steve Brookshire, Newport Beach The public hearing was opened in connection with this item, and Mr. Steve Kouracos, applicant, appeared before the Planning Commission. Mr. Kouracos described his business as working with prototype automobiles that come from Detroit and he. explained the required equipment to cast the clay and fiberglass molds. He further stated that he provides color chips to Detroit for automobiles in the far future. Mr. Kouracos stated that no wash rack is required inasmuch as he sprinkles automobiles down and chamois them off. He stated that he concurs with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Merrill regarding Metalcrafters, Mr. Kouracos explained that as a former employee, his facility is currently adjacent to 32 COMMISSIONERS MINUTES ZOG�^y�"�99 v vy January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX Metalcrafters inasmuch as they have integrated businesses. 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: Ayes * * * * * 3336 subject to the findings and conditions in Exhibit Absent * * "A ". MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding.land uses. 2. That the project will not have any significant environmental impact. 3. That the Police Department does not foresee any • problems with the proposed development. 4. That the approval of Use Permit No. 3336 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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all repair, service, body work paint operations, and car wash activities shall be contained within the building. 3. That all wash water shall drain into the sanitary sewer system and that the wash area drain shall be equipped with a trap for the collection of auto wash residue. 4. That all noise and fumes shall be contained onsite. 5. That at least 3 parking spaces for each 1,000 square feet of development shall be provided on- site. The parking spaces shall be striped with -33- COMMISSIONERS MINUTES 116� January 5, 19 8 9 CITY OF NEWPORT BEACH ROLL CALL INDEX approved traffic markers or painted white lines not less than 4 inches in width. 6. That the parking area at the rear of the site shall be paved with asphalt, concrete or other street surfacing material of a permanent nature. 7. That the onsite parking and vehicular circulation systems he subject to further review by the City Traffic Engineer. 8. That all employees shall be required to park onsite. 9. That all vehicles to be serviced shall be stored onsite. 10. That the project shall be designed to eliminate light and glare onto adjacent properties and Sixteenth Street. 11. That all mechanical equipment and trash areas shall be screened from Sixteenth Street and adjoining properties. 12. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 13. 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 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • -34- COMMISSIONERS MINUTES ymo ��N�yy 9 q ��St January 5, 1989 y 90 oy � �'osyo y ` CITY OF NEWPORT BEACH ROLL CALL INDEX Variance No. 1148 (Public Hearing) Item N0.8 Request to permit the construction of alterations and V1148 additions to an existing nonconforming building which exceeds the basic 26 foot height limit in the 26/35 Foot Approved .Height Limitation District. Said alterations include the construction of a 9 foot high screen atop the existing 71 foot high roof for the purpose of screening mechanical equipment. Also included is a request for an exception to the Sign Code in order to permit the installation of two roof signs on the newly constructed screening, and a modification to the Zoning Code so as to permit the daytime use of valet parking in addition to the existing nighttime use of valet parking and the use of an increased number of tandem parking spaces for a portion of the required parking. LOCATION: A portion of Lot 170, Block 2, Irvine's Subdivision, located at 3127 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard • and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Haseko, Inc., c/o Ficker and Ruffing Architects, Newport Beach OWNER: County of Orange The public hearing was opened in connection with this item, and Mr. Bill Ficker, Architect, appeared before the Planning Commission. Mr. Ficker stated that he was the original architect on the project in 1968 and because the development was sold before the project was completed, the building was never built as completely planned and to his satisfaction. He said that when the applicants contacted him to refurbish the building, it was an excellent opportunity to upgrade it to first class condition, i.e.: in addition to renovating the exterior including landscaping, the building will be totally vacated and gutted with new interior tenant work. .Mr. Ficker presented a schematic drawing of the exterior • of the proposed project. He explained that the intent is to lighten up the building and to remove the parapet wall that is six feet high and to replace it with an open railing. Mr. Ficker stated that six foot high walls would be constructed at the ends of the building -35- COMMISSIONERS MINUTES January 5, 1989 y CITY OF NEWPORT BEACH ROLL CALL INDEX and then increased to nine feet high, or three feet above the height of the existing wall. He said that the mechanical equipment would be lowered by three feet so the equipment would be behind the new enclosure, and the plan is to reduce substantially the mass on the ends of the building, and to increase the center by three feet. Mr. Ficker stated that the applicants considered removing the mechanical equipment from the top of the building, but instead they achieved an aesthetic balance by not obstructing the view. In reference to the findings and conditions in Exhibit "A ", Mr. Ficker referred to Condition No. 7 which states "that a parcel map be processed and recorded prior to issuance of building permits ... ", and he stated that he had a concern regarding the length of time that it takes to record a parcel map. Don Webb, City Engineer, explained that staff is concerned that the porte- cochere may cross a parcel line. He said that they could separate the building permit if it is determined that a parcel line goes through the porte - cochere, or • otherwise, a parcel map may not be required. In response to a question posed by James Hewicker, Planning Director, Mr. Ficker replied that the construction time should be approximately six months. In reference to Condition No. 10 stating "that a 10 foot wide easement be granted to the City along the bay frontage... ", Mr. Ficker stated that he was not certain who would be granted the easement. Mr. Webb explained that the property is City /County dock property and staff wanted to be assured that the lessee grants the easement. Commissioner Pers6n commented that previous conditions on other projects have stated "that the lessee grants an easement to the leasehold interest." In reference to Condition No. 11 stating "that a 6 foot wide easement be granted to the City to provide unobstructed access to the bay from West Coast Highway.. ", Mr. Ficker stated that he informed the Newport Heights Community Association that the applicants intend to have . the area aesthetically pleasing through landscaping and other outside improvements. In response to Mr. Ficker's concern regarding Condition No. 16 which states "that the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. ", Mr. Hewicker explained that the applicant must obtain a Coastal -36- COMMISSIONERS MINUTES ymG����a�99 9 9� January 5, 1989 9 90 z - CITY OF NEWPORT BEACH ROLL CALL INDEX Development Permit or a letter from the Coastal Commission that exempts the project from a Coastal permit. Mr. Ficker gave a slide presentation of the views from a .home located on the corner of Santa Ana Avenue and Cliff Drive, and from Cliff Drive Park, Ocean View Avenue, and Ensign View Park to the subject site depicting the equipment that is on top of the building, and what the view would be after the proposed project was completed. Mr. Ficker stated that to remove the mechanical equipment from the top of the building would not be economically feasible, that the applicants are investing $1,600,000 in the project not including any of the interior improvements or the new marina and boat slips. He said that the difference in costs and to remove the equipment would be a difference of $368,000 and over the twenty year lease it would result in a loss of income at $2.00 square foot, or $360,000. • Mr. Ficker and Commissioner Pers6n discussed the differences in the visual impact between the existing and the proposed equipment screening. Mr. Ficker concurred with Commissioner Pers6n's conclusion that the net increase over the existing parapet walls is three feet, and the net decrease of the existing equipment is three feet. Mr. Ficker and Mr.. Hewicker discussed when the mechanical equipment was installed on the building inasmuch as there was an original condition on the project that no equipment would be permitted to exceed the top of the parapet wall. Mr. Ficker stated that the old drawings depict an area of about 25 square feet, with 10 foot high parapet walls in the middle of the building that were not built; however. he said that he was not involved in the project during construction. In response to Commissioner Merrill's reference to the proposed yacht club, Mr. Hewicker explained that the Specific Area Plan for Mariner's Mile allows a yacht club on the site automatically. He stated that a concern regarding the yacht club is that when the building was completed there was a yacht club shown on • the second floor, but since then, there have been problems with the operation of the uses on the second floor and whether those uses could expand onto an open deck. He said that staff wants to be assured that there is sufficient parking on the site for all of the daytime 37 COMMISSIONERS MINUTES y�G�y��Na$9CC�o`vovx January 5, 1989 CITY OF NEWPORT BEACH ROLL. CALL INDEX and nighttime uses, and he referred to Condition No. 6 which states that prior to the establishment of the yacht club, the Planning Commission shall approve the parking requirement for said use. Mr. Ficker concurred, and he said that the intent of the yacht club is to use it as a lounge facility for the marina, and that no dry sail or boat trailers will be permitted in conjunction with said use. Commissioner Merrill stated his concern that the general public may request to use the yacht club for large social events. Mr. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the Planning Commission to state that there was a yacht club on the site in the early 1970's. Mr. Jim Clarkson, 237 Santa Ana.Avenue, appeared before the Planning Commission in support of the refurbishment of the subject building, but in opposition to the mechanical equipment on the roof of the building inasmuch as the equipment is visible to the public and blocks the views. He commented that the applicant is • requesting to dedicate a total of nine feet, or a full floor, to house the roof equipment. Mr. Clarkson referred to his experience as a developer to remove mechanical equipment from a roof top to the interior of the building. Mr. Clarkson suggested that the City reconsider the removal of roof top equipment to the interior of high profile buildings. He stated that the refurbishment of the subject building has given the residents an opportunity to participate with the decision making of a building that they never approved of because of the height. Commissioner Pers6n stated that the applicant could proceed with the remodel, and leave the mechanical equipment as it presently exists, without coming before the City. Mr. Clarkson commented that inasmuch as the applicants will be installing all new equipment on the building that gives reason for the residents to provide an input on where they locate the. equipment. Mrs. Gail Demmer, 2812 Cliff Drive, appeared before the Planning Commission on behalf of the Newport Heights Community Association, and she referred to the meeting that the homeowners had with Mr. Picker who addressed • their concerns. She said that. the residents are concerned with the visual impact of the proposed roof screening and what that impact will have on their view. She addressed the cost analysis of the project and she questioned why the movement of the equipment could not _38_ COMMISSIONERS MINUTES A\N�lp January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX be included in the total cost. Mrs. Demmer referred to Use Permit No. 1302, approved by the Planning Commission on September 7, 1967, Condition No. 2, that states that "there shall be no mechanical appurtenances projecting above the proposed parapet wall. All .... equipment on .the roof shall be fully screened.. ", and she commented that said condition was never met, and now the residents would like to have an opportunity to have said equipment removed. In reference to Condition No. 4 of the foregoing use permit which states that "all signs on the premises shall comply with the Sign Code and there shall be no signs displayed above the roof of the first story of the building. ", she questioned if an illuminated sign above a 71 foot story building is needed. Discussion ensued between Mrs. Demmer, Mr. Clarkson, Chairman Pomeroy, Commissioner Merrill, Commissioner Pers6n, and Mr. Hewicker regarding the variable heights and design of the top of the building. Mr. Ficker explained that the intent was to clean up and to make the top of the building more attractive without an • absurd cost. He stated that at least 25 percent of the existing view obstruction will be removed from the 64 foot wide building. Mr. Ficker concurred with Commissioner Di Sano's statement that the applicant would be absorbing a total of $720,000 in cost that would include the removal of the equipment and the loss of revenue during the 20 year length of the lease. In response to a question posed by Commissioner Winburn regarding a comparison of the installation of the equipment in 1968 as opposed to today, Mr. Ficker explained that the equipment would be lowered to 9 feet, and he explained how the applicants worked with mechanical and electrical engineers to combine the equipment, to develop the ziggurat roof as small as possible, and to lower the screen as much as possible. He explained that the subject building is cast in concrete which means that they could not cut sections in the floor to install ducts, and that they looked at the possibility of putting package units around on the roof in different ziggurats to lower the equipment but it would not be practical and the cost would be prohibitive. • In response to a question posed by Commissioner Di Sano, ,Mr. Ficker replied that the life of the building structure could be 150 to 200 years. 39- COMMISSIONERS MINUTES AT\11 January 5, 1989 t CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Clarkson reappeared before the Planning Commission, and he commented that the $365,000 cost would be a small price to pay to remove the equipment. Mr. Safer reappeared before the Planning Commission and he disagreed with Mr. Clarkson's statement. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission to state that the subject building infringes on the view of Catalina Island because of the equipment on top of the roof. He explained that the refurbishment is an opportunity for the applicants to reverse the loss of that view by removing said equipment and to construct a flat roof. Dr. VanderSloot referred to his opposition of the loss of views from the Cliff Drive parks and the elevated roof of the Jaguar dealership on West Coast Highway. Dr. VanderSloot and Mr. Hewicker discussed the roof of the parking structure at the Jaguar dealership that was constructed upon the request of the Newport Heights Community Association after the City had approved automobile parking on the top of the roof. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Variance No. 1148 subject to the findings and conditions in Exhibit "A ". Commissioner Persdn referred to the residents' concerns; however, he explained that the overall impact of the project is a benefit rather than a detriment to the community and that the visual impact of what is proposed outweighs the alternative. He defined the alternative as being that the applicant could remodel the building with the exception of leaving the existing parapet wall and the equipment, and he commented that would not be good for the City. Commissioner Di Sano stated that he would support the motion, and he referred to the testimony by the residents during the public hearing. He commented that the request is appropriate inasmuch as the applicants would not necessarily have to refurbish the top of the building. Commissioner Winburn stated that she would support the motion, and she commented that she does not have concerns regarding private views. In reference to the view from the Cliff Drive parks, she commented that she would like to see the view of the mechanical equipment -40- COMMISSIONERS MINUTES 910 January 5, 1989 y ` CITY OF NEWPORT BEACH ROLL CALL INDEX cleaned up, and it was for that reason she supported the subject variance. Chairman Pomeroy referred to the variable heights between the outside of the building and what is covering .the equipment, and he determined that the overall height and the bulk of the building are being reduced. Chairman Pomeroy concluded that there are fewer increases and more decreases that would provide more open views. In rebuttal to Mr. VanderSloot's previous statements, Commissioner Winburn stated that the Planning Commission has attempted to protect views from Ensign View Park. In response to Commissioner Di Sano's suggestion, Commissioner Pers6n agreed to amend the motion by adding Condition No. 18 which would state "that boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved." Commissioner Pers6n emphasized that if the applicants intend to employ valets that he strongly opposes valets crossing • West Coast Highway, and if they did so, he said that it would be necessary for the Planning Commission to take appropriate action. Mr. Ficker reappeared before the Planning Commission to support Commissioner Pers6n's statements opposing valets crossing West Coast Highway. Mr. Ficker emphasized that the applicants will continue to make every effort to attempt to reduce the bulk of the building, and that the applicants are making a firm commitment to refurbish the building into a first class structure. Motion was voted on to approve Variance No. 1148 subject Ayes * * * to the findings and conditions in Exhibit "A ", including Absent * * added Condition No. 18 as stated. MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings and /or uses in the same district inasmuch as the proposed mechanical equipment screening is to be located on a building which was previously • allowed to exceed the prescribed height limit. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial -41- COMMISSIONERS MINUTES y�G��9o�y�v�o January 5, 1989 o -y `` s CITY OF NEWPORT BEACH ROLL CALL INDEX property rights of the applicant, inasmuch as the proposed screening is necessary to improve the aesthetic quality of the structure and that there is an existing 8 story building located easterly of the site which maintains a greater building height than which is proposed in this application. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood inasmuch as the proposed alterations to the building and the new screening will result in an overall decrease in the visual bulk of the building. 4. The approval of a modification to the Zoning Code • so as to allow the expanded use of tandem parking spaces and a valet parking service will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that said modification is consistent with the legislative intent of Title 20 of the Municipal Code. 5. That the proposed identification signs are substantially similar to the existing identification signs located on the building and that the intensity of illumination of the signs will be no greater than the existing identification signs. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below, • 2. That all improvements be constructed as required by Ordinance and the Public Works Department. -42- COMMISSIONERS MINUTES z � �January 5, 1989 a °y <<�0�120 \\ CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer, to include the design and operation of the valet parking service. Said parking design shall be consistent with the newly adopted universal parking design standards. 4. That the valet parking spaces shall be used in conjunction with the restaurant and yacht club facilities only and that the applicant shall provide an adequate number of parking spaces for self parking in conjunction with the restaurant and yacht club facilities. 5. That the proposed identification signs shall be in substantial conformance with the conditions of Use Permit No. 1302 (Amended); except that 2 foot 6 inch letters may be permitted provided the area of each sign does not exceed 80 square feet; and that the proposed signs shall be internally illuminated • and will have no greater intensity of illumination than the existing identification signs. 6. That prior to the establishment of the yacht club on the subject property, the Planning Commission shall approve the parking requirement for said use based on a demonstrated formula submitted by the applicant. 7. That a parcel map be processed and recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. If any new construction crosses existing parcel lines, the applicant shall provide a map showing parcels of record and the proposed construction so that a determination of need for a parcel map can be made. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 8. That a standard agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain building permit prior to completion of the public improvements. • 9. That the landscaping at the intersection of the private drive and West Coast Highway be cut back to provide sight distance for a speed of 45 miles per -43- COMMISSIONERS MINUTES y�G�y o�soyq�y�o amvy January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX hour. Landscaping and walls within the sight line shall not exceed twenty -four inches in height and the wall shall not exceed 30 inches. 10. That a 10 foot wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. The existing stairs shall be allowed to encroach into the easement until such time as the easement is extended easterly. At that time, the stairs will have to be relocated by the owner or an additional easement bayward of the proposed easement dedicated to the City and a 10 foot wide partially cantilevered walkway constructed. 11. That a 6 foot wide easement be granted to the City to provide unobstructed access to the bay from West Coast Highway. The location of the easement shall be approved by the Public Works Department. Said easement shall be improved with a concrete sidewalk or other materials meeting the approval of the • Public Works Department. 12. That the valet parking operation be monitored to prevent traffic from backing out into West Coast Highway and that provisions be made to divert traffic past the driveway if traffic backs out into West Coast Highway. 13. That the existing, drive entrance be widened to conform with City Standard 166 -L and that the existing catch basin be relocated westerly to allow for the widening. This work will require a Caltrans Encroachment Permit. 14. That the washout area for refuse containers next to the Villa Nova Restaurant be modified in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. The existing side drive and sidewalk drive approach shall be modified to provide an under sidewalk drain for surface runoff. The portion of work within West Coast Highway right -of -way will require a Caltrans Permit. • 15. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for -44- COMMISSIONERS MINUTES ymG��9��9�'gQ9� January 5, 1989 1 CITY OF NEWPORT BEACH ROLL CALL INDEX handicapped self parking and shall be identified with one handicapped sign on a post. 16. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 17. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. 18. That boat charters shall not be allowed bayward of the property unless an amendment to this use permit is approved. Amendment No. 673 (Public Hearing) Item No.9 Request to consider amending Districting Maps No. 51 and A673 • 52 so as to reclassify a portion of "Buck Gully" from .(Resolution the R -1 -B District to the 0 -S (P) District. No. 1185) INITIATED BY: The City of Newport Beach Approved James Hewicker, Planning Director, stated that the proposal is based in part by the approval of the Fifth Avenue residential project, and also the implementation of the recently adopted.General Plan. The public hearing was opened in connection with this item, and Mr. Abe Etingen, a member of the Board of Directors of Harbor View Hills Homeowners Association (South) appeared before the Planning Commission. Mr. Etingen read a letter from said Association to the Planning Commission dated January 5, 1989, in support of the Upper Buck Gully zone change. Mr. Ron Kennedy, 550 Hazel Drive, appeared before the Planning Commission to state his support of the proposal; however, he questioned if the area would be determined as public use for jogging and open space. Following a discussion between Mr. Kennedy and James Hewicker, Planning Director, regarding if the City is going to obtain the property in fee or if there would be • an easement over the property, and the negotiation of uses between the City and The Irvine Company, Commissioner PersGn referred to the subject Resolution, page 3, and he pointed out that the adopted Resolution -45- COMMISSIONERS MINUTES \091 6 � January 5, 1989 CITY OF NEWPORT BEACH ROLL CALL INDEX would instruct the City staff to enter into an agreement with The Irvine Company. Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Planning Commission. Mr. Dmohowski .supported the recommendation of the staff as being consistent with previous City approval. In reference to the open space easement and public access, he said that the public use of the property would be contingent by a public agency, and the agreement would consist of an open space easement as it refers to the use, not necessarily to public access. He commented that negotiations are necessary as part of any future conveyance of the land or open space easement to the City or County. Mr. Dmohowski concurred with Chairman Pomeroy that The Irvine Company has a desire to avoid the liability of public use. Mr. Mike Golden, 429 Isabella Terrace, appeared before the Planning Commission. In response to questions that he proposed regarding the subject Amendment, Mr. Hewicker explained the zoning and property lines of "Upper Buck Gully" as opposed to the Buck Gully area from Fifth Avenue to the ocean. Discussion ensued regarding the area adjacent to Buck Gully that is currently owned by The Irvine Company and under the jurisdiction of the County of Orange. Mr. Kennedy reappeared before the Planning Commission regarding the open space. easement. 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. 673, to adopt Resolution No. 1185, to instruct staff to initiate and conclude discussions with the property owner, The Irvine Company, for the purpose of reaching Ayes * * • * an agreement which acknowledges the findings set forth Absent * * in City Council Resolution No. 85 -35. MOTION CARRIED. -46- COMMISSIONERS MINUTES yBG� po�9`v -'11 January' 5, 1989 a s `y ` s CITY OF NEWPORT BEACH ROLL CALL INDEX ADDITIONAL BUSINESS: Add'l Business Motion * Motion was made and voted on to direct staff to schedule Ayes * * * * * a discussion item on the February 9, 1989, Planning Absent * * Commission agenda to consider recommending the .revocation of Use Permit No. 3070, Gelato Classico Cafe UP 3070 on property located at 2756 East Coast Highway, for failure to comply with specific conditions of approval. MOTION CARRIED. Motion * Motion was made and voted on to excuse Commissioner Ayes * * * * * Person from the January 19, 1989, Planning Commission Excused Absent * * meeting. MOTION CARRIED. Person ADJOURNMENT: 10 :55 p.m. Adjournmen 0 GARY DI SANG, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -47-