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HomeMy WebLinkAbout01/06/19839 m � m Q m 3 x G) mm D 7 J m m N 3 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: January 6, 1983 of Newport Beach MINUTES R O L L CALL I 1 1 1 Jill I INDEX XLXIXI *I Commissioner Allen was absent. * * * EX- OFFICIO MEMBERS PRESENT.: James D. Hewicker, Planning Director Robert Burnham., Acting City Attorney * * * STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary V.' l APPROVAL OF THE MINUTES Minutes of November 18, 1982 Motion Motion was made to approve the Minutes of the Planning Ayes X X X X Commission Meeting of November 18, 1982, as written, Abstain X which MOTION CARRIED. Absent Minutes of December 9,, 1982 Motion X Motion was made to approve the Minutes of the Planning All Ayes X X X X X * Commission Meeting of December 9, 1982,' as written, which MOTION CARRIED. 0 -1- COMMISSIONERS m � m M m MINUTES January 6, 1983 City of Newport Beach ROLL CALL INDEX Request to construct a new church sanctuary, forty -six Item #1 feet in height; meeting rooms; banquet rooms and associated uses; a new classroom building; on -site parking for 251 automobiles; and the remodeling of the existing sanctuary into administrative offices. In addition, the request includes the construction of a free - standing cross, ninety -seven feet in height. All of the development will be in accordance with USE SITE PLAN PERMIT NO. 822 (AMENDED) as approved by the City REVIEW Council on September 27, -1982. _ NO. 31 - LOCATION: - Lots 31 -35, Tract 1220; Lots 142 -146, Tract 1218; a portion of Lot 171, Block 54, Irvine's Subdivision; and a 20 foot wide alley located at 600 St. Andrews Road, on property bounded by St. Andrews APPROVED Road, Clay Street, and 15th Street; CONDI- across from the Newport Harbor High TIONALLY School, in Cliff Haven. ZONE: - R -1 and R -2 APPLICANT; St. Andrews Presbyterian Church, - Newport Beach -- OWNER: Same as applicant ENGINEER: Robert Bein, William Frost and Associates,_ Newport Beach Planning Director Hewicker referred to the Supplemental Report prepared for this item and recommended that the following six conditions be added in the event Site Plan Review No. 31 is approved: 7. That the proposed sidewalk located adjacent to the curb along St. Andrews Road be a minimum of 5 feet wide. 8. That the proposed sidewalk along the Clay Street and 15th Street frontages be a minimum of 6 feet wide, and that access ramps be provided at. the intersections. -2- NW NM�pJ MINUTES IJanuary 6, 1983 r c m of Newport Beach INDEX 9. The passenger loading bay shown on St. Andrews Road shall be eliminated. A loading zone shall be created for weekday use in the new parking lot. 10. That driveways shall be a minimum of twenty six feet wide and should be marked with a centerline to facilitate access. 11. That on -site sidewalks adjacent to the parking lot shall be a minimum of four feet clear width. 12. That the parking lot layout, including the location and distribution of compact parking stalls, shall be. subject to further review and approval by the Traffic Engineer. If necessary, a minor increase in the 25% limitation on compact stalls may be permitted provided that the total number of on -site parking stalls does not fall below 250. • I I I I I I I I In addition, Planning Director Hewicker recommended that Condition No. 4 be amended to read as follows: 4. That the height of the tower (steeple) shall be approved by the City Council. The public hearing opened in connection with this item and Mr. Milan Dostal, representing the applicant, appeared before the Commission. Mr. Dostal presented background information on the proposed plan. He stated that the original plan has been modified greatly to meet all of the previous concerns of the community and the City. He stated that a positive response has been received from the residents of the area. Mr. Peter Gendron, President of the Cliff Haven Community Association, appeared before the Commission. Mr. Gendron stated that he would like to take this opportunity to thank St. Andrews Presbyterian Church and the City for the tremendous effort which has been put forth in developing the current plan. He then recommended that the development be approved with. the following changes: -3- January 6, 1983 m m w City of Newport Beach 1. The ingress and egress onto Clay Street should be eliminated, as it is not necessary and may cause unusually heavy traffic for the residents of the Pirate Road and Snug HarboY Road area. 2. Since the Cliff Haven area has no sidewalks, the proposed sidewalk on Clay Street should be deleted to allow for a higher berming to better conceal the parking lot areas from the residential housing. 3. That the Planning Commission exercise some type of control over the lighting of the parking lot areas in the evening hours, so that the Clay Street residents will not be annoyed with the continual evening lighting from the parking facility. Chairman King referred to the deletion of the sidewalk • on Clay Street and stated that there will be a sizable amount of people utilizing this area and children will have to walk in the street to gain access to the church. Mr. Gendron stated that the residents of Cliff Haven have been doing this for years. Chairman King stated that some of the members of the church may not be familiar with the traffic patterns of the area. -- Commissioner Balalis asked Mr. Gendron if his opposition to the sidewalk is because people will be utilizing Clay Street as a parking area, or because the sidewalk itself will be utilized by people. Mr. Gendron stated that it is their feeling that this area should be utilized with a higher berm to better conceal the massive parking area, rather than the use of a sidewalk. Mr. Gendron stated that the primary concern is with the impact the massive parking lot will have on the Clay Street residents. Commissioner Balalis stated that sidewalks are needed to protect pedestrians in gaining access to a site. He stated that it has been a City policy to require a new development of any magnitude to provide sidewalks, in particular those areas which will be utilized by a • large number of the general public. Mr. Don Webb, City Engineer, concurred with Commissioner Balalis. -4- MINUTES MAIO January 6, 1983 � x m m w City of Newport Beach Mr. Don Webb, City Engineer, stated that the provision for a sidewalk has already been approved as a condition of the resubdivision for this project. Commissioner Balalis asked if the width of the sidewalk could be reduced, from six feet wide to three feet wide, in order to allow for a higher berming of the parking lot. Mr. Webb stated that sidewalks of less than four feet in width are inconvenient for people to utilize. He stated that they recommend that sidewalks adjacent to curbs should be wider. In response to a question posed by Commissioner Balalis, Mr. Carl Irwin, of .Irwin and Associates, architect for the project, stated that the parking lot has a setback of 10 feet from the property line. He stated that with the sidewalk to the curb, the berm would average an approximate 2: to 1 slope. He stated that the height of the berm would be approximately • three feet, which would screen the automobile headlights. Commissioner Balalis asked if a four foot wide sidewalk would be acceptable. Mr. Webb stated that the resubdivision which has been approved for this project requires a six foot wide sidewalk. Mr. Robert Burnham, Acting City Attorney, stated that the approved conditions of the resubdivision can not be modified in the site plan review. Commissioner Balalis stated that the berm can not be modified, unless the width of the sidewalk is reduced. Mr. Webb stated that the use of a hedge for the landscaping of the berm may resolve this concern. Mr. Webb stated that he has discussed the elimination of the Clay Street driveway with Mr. Rich Edmonston, the City's Traffic Engineer. He stated that Mr. Edmonston felt that the parking lot would work better with the third driveway. 'He stated that utilizing only two driveways would create more congestion within the parking lot. He stated that a one way ingress and egress system could be utilized if there are only two driveways. • Chairman King stated that the elimination of the Clay Street driveway will only prolong the periods of congestion within the area, rather than dispersing the people sooner. -5- MINUTES INDEX MMISSIONERS January 6, 1983 MINUTES m CO m y. City of Newport Beach INDEX Mr. Gendron stated that they are concerned with the arrivals and departures in the area. He stated that the use of the 15th Street driveway and the St. Andrews driveway would have the least impact upon the area. Planning Director Hewicker stated that the use permit which was approved by the City Council for this project, shows the Clay Street driveway in the exact location as which is shown on the revised plans. He stated that there is nothing on the revised plan which would dictate the removal of the driveway. Planning Director Hewicker referred to the lighting concern expressed by Mr. Gendron, and stated that a condition on the approved use permit requires that the lighting plan shall be prepared by a licensed electrical engineer and that the parking lot lighting shall be approved by the Planning Department. . In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the conditions of approval on the use permit and resubdivision can not be changed. He stated that the items which can be considered in the site plan review are outlined in the staff report. Mr. Burnham stated that the Planning Commission does not have the power to change any of the conditions of the use permit or resubdivision. He stated that the site plan review. gives the Planning Commission the opportunity to review the final plans and change certain aspects of the final layout without changing the conditions of approval. He stated* that the site plan review is subject to appeal and call up by the City Council. Mr. Burnham further stated that it is important to understand that the City Council has no greater power than the Planning Commission when it comes to considering the site plan review and the changes which can be made in the development._ In response to a question posed by Commissioner Balalis, Mr. Burnham stated that the conditions of approval on the resubdivision and use permit can not be • reconsidered by the City Council. He stated that the actions on the resubdivision and use permit are final. January 6, 1983 n x MINUTES m � m w City of Newport Beach INDEX Mr. Burnham stated that solutions to the concerns are acceptable if they do not result in a change to the conditions of approval of the resubdivision or use permit. Commissioner Balalis stated that the lighting concern has already been addressed with a condition in the approved use permit. He stated that the condition for the sidewalk can not be changed, but additional landscaping could be utilized to screen the parking lot from the residential uses. Commissioner McLaughlin stated that she would not be willing to consider placing the additional conditions as suggested by Mr. Gendron upon the project, in that the applicant has already made extreme compromises in the design of the project. Chairman King stated that the landscape plan is subject • to the approval of the Planning Department, therefore the landscape criteria can be monitored to eliminate the concern expressed by Mr. Gendron. In response to a question posed by Mr. Gendron, Chairman King stated that the ingress and egress on Clay Street has already been approved as a condition on the use permit and can not be changed. Mr. Burnham stated that the applicant is permitted to seek to amend the use permit, in the event they would want to eliminate the Clay Street driveway. He stated that this can be accomplished through the standard amendment process. Mrs. Barbara Whitford; resident of 406 Snug Harbor Road, discussed the history of this proposal. Mrs. Whitford stated that the church has been redesigned to be more compatible with the surrounding neighborhood. She stated that originally, the ingress and egress on Clay Street was included only because there was going to be a parking structure which required this driveway. She stated that the Cliff Haven Community Association residents have always been assured that there would be no access on Clay Street. She stated that since' the underground parking structure has been eliminated, the • access on Clay Street should also be eliminated. -7- MINUTES INDEX Chairman King stated that the provision for ingress and egress on Clay Street was heard and voted upon at the City Council level. Ms. Whitford stated that they were not aware that this would be a part of the final design. Mrs. Whitford stated that .the access on Clay Street and the sidewalk on Clay Street are major problems for the Cliff Haven Community Association. She stated that additional compromise is needed on these two issues. She added that the high school parking lot has only one ingress and egress for 264 cars which has proven to be acceptable. Commissioner Balalis asked Mrs. Whitford if they were in agreement with the items of the site plan review. Mrs. Whitford stated that they do not object to the items listed in the site plan review. She stated that the Cliff Haven Community Association felt as though_ • their concerns could be resolved. Mr. Ralph Whitford, resident of 406 Snug Harbor Road, stated that because of the close proximity of the project to the high school, he recommended that the project be phased to construct the parking lot first. He recommended that the noise of the construction be monitored for the benefit of the schools and residents in the area. He also recommended that the starting time for construction activity begin at 8:00 a.m., rather than 7:00 a.m. Mr. Whitford stated that the construction of a sidewalk at this location is a waste of time, money and energy. He stated that the church is in agreement that a sidewalk is not needed. He stated that back in 1974, the residents of the area were concerned with the parking lot lighting and access on Clay Street. Planning Director Hewicker stated that the site plan review contains a condition which relates to the phasing of the project. He stated that the first phase of construction will be the removal of the Clay Street houses and the construction of the parking lot. He stated that the City has an existing ordinance which regulates the starting times for construction activity. • -8- January 6, 1983 � r c City of Newport Beach INDEX Chairman King stated that the provision for ingress and egress on Clay Street was heard and voted upon at the City Council level. Ms. Whitford stated that they were not aware that this would be a part of the final design. Mrs. Whitford stated that .the access on Clay Street and the sidewalk on Clay Street are major problems for the Cliff Haven Community Association. She stated that additional compromise is needed on these two issues. She added that the high school parking lot has only one ingress and egress for 264 cars which has proven to be acceptable. Commissioner Balalis asked Mrs. Whitford if they were in agreement with the items of the site plan review. Mrs. Whitford stated that they do not object to the items listed in the site plan review. She stated that the Cliff Haven Community Association felt as though_ • their concerns could be resolved. Mr. Ralph Whitford, resident of 406 Snug Harbor Road, stated that because of the close proximity of the project to the high school, he recommended that the project be phased to construct the parking lot first. He recommended that the noise of the construction be monitored for the benefit of the schools and residents in the area. He also recommended that the starting time for construction activity begin at 8:00 a.m., rather than 7:00 a.m. Mr. Whitford stated that the construction of a sidewalk at this location is a waste of time, money and energy. He stated that the church is in agreement that a sidewalk is not needed. He stated that back in 1974, the residents of the area were concerned with the parking lot lighting and access on Clay Street. Planning Director Hewicker stated that the site plan review contains a condition which relates to the phasing of the project. He stated that the first phase of construction will be the removal of the Clay Street houses and the construction of the parking lot. He stated that the City has an existing ordinance which regulates the starting times for construction activity. • -8- 9 m � m January 6, 1983 of Newport Beach MINUTES ROLL CALL I I I I 1 1 1 1 I INDEX ■ • Motion All Ayes 11 Commissioner Balalis stated that the project is located immediately adjacent to two schools. He expressed his concern that the area is travelled heavily by children and bicycles and that the project will generate the use of heavy construction equipment. He suggested that perhaps the construction hours be modified during the winter months when school is in session. Mrs. Kay Spurgeon, resident of 436 Snug Harbor Road, stated that she is not concerned with the headlights of the automobiles, but is concerned with the control of the parking lot lighting. Commissioner Kurlander stated that the church and the. neighborhood have both had to make considerable compromises in the design of the project. He stated that architecturally, he preferred the previous proposal. Commissioner McLaughlin concurred with Commissioner Kurlander. She stated that she could not support any further compromises which the applicant may have to make. g Motion was made for approval of Site Plan Review No. X X X X * 31, subject to the following findings and conditions, including the additional six conditions as suggested by staff, and the revision to Condition of Approval No. 4 as suggested by staff, which MOTION CARRIED: - FINDINGS: 1. That the proposed project is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. Adequate off- street parking and related, vehicular circulation are being provided in conjunction with the proposed redesign. 3. The proposed project is a high - quality proposal and will not adversely affect the benefits of. the occupancy and use of existing properties within. the area.. COMMISSIONERS 3 F m � m January 6, 1983 of Newaort Beach MINUTES ROLL CALL I I I I I I I I I INDEX 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public fund's for improvement and beautification of street and public facilities within the area. 5. The proposed development does not preclude the attainment of the objectives stated in the Land Use Element of the General Plan. 6. That an, Initial Study has been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 7. That based on the information contained in the Initial Study, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant • environmental impacts. 8. That based on the Initial Study, subsequent changes in the project will not require revision to the Certified Final EIR. 9. That based on the Initial Study, no new significant environmental impacts not considered in the Certified Final Environmental Documents were found. 10. That based on the Initial Study, no substantial changes have occurred with respect to the circumstances under which the project will be undertaken. 11. That based on the Initial Study, no new information of substantial importance related to the project has become available.. 12. That the project meets or exceeds all of the requirements of the .City Council. and the Ad -Hoc Committee. I I ! I I ( 13. That the provisions of all on -site parking i111 at -grade is a substantial input over previously approved designs. -10- COMMISSIONERS � s r2 r c m QJ c a x = > ic January 6, 1983 of Newaort Beach MINUTES IIIIIIII ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ 14. That notice of the Planning Commission review of this project has been mailed to all these persons notified of the original project. CONDITIONS: 1. That the proposed project be developed in substantial conformance with the approved- Site Plan, Floor Plans, Elevations and Sections. 2. That all conditions of Resubdivision No. 723 be met. 3. That all Conditions of Use Permit No. 822 (Amended) be met. 4. That the height of the tower (steeple) shall be • approved by the City Council. 5. That construction shall be phased in general conformance with the schedule submitted by Irwin & Associates dated December 17, 1982. 6. That the Planning Department shall be authorized to issue permits for the use of temporary facilities on -site consistent with the phasing schedule noted above. 7. That the proposed sidewalk located adjacent to the, curb along St. Andrews Road be a minimum of 5 feet wide. S. That the proposed sidewalk along the Clay Street and 15th Street frontages be a minimum of -6 feet wide arid. that access ramps be provided at the intersections. 9. The passenger loading. bay shown on St. Andrews Road shall be eliminated. A loading zone shall be created for weekday use in the new parking lot. 1 I I I I 10. That driveways shall be a minimum of twenty six feet wide and should be marked with a centerline to facilitate access. -11- COMMISSIONERS January 6, 1983 3 � � c m � W w. City of Newport Beach MINUTES ROLL CALL I I I I I 1 1 1 I INDEX 0 11. That on -site sidewalks adjacent to the parking lot shall be a minimum of four feet clear width. 12. That the parking lot layout, including the location and distribution of compact parking stalls, shall be subject to further review and approval by the Traffic Engineer. If necessary, a minor increase in the 258 limitation on compact stalls may be permitted provided that the total number of on -site parking stalls does not fall below 250. x x x Request to allow the construction of a fourth level Item #2 observation deck on an existing duplex in the R -3 District which exceeds the basic height limit on the rear one -half of the lot in the 28/32 Foot Height Limitation District. LOCATION: Portions of Lots No. 14, 16 and 18, Block 231, Corona del Mar Tract, located USE PERMIT at 314 Carnation Avenue, on the easterly NO,. 3013 side of vacated Carnation Avenue, between Seaview Avenue and Bayside Drive, in Corona del Mar. ZONE: R -3 APPLICANTS: Harvey D. Pease and Bomell Pease, Corona del Mar OWNER: Same as applicants The public hearing opened in connection with this item and Mr. Harvey Pease, the applicant, appeared_ before the Commission. Mr. Pease distributed to the Planning Commission his memo dated January 5, 1983, which outlined his concerns relating to the measurement of natural grade, the handrail construction, submission of additional building plans, and his intention to retain Carnation Avenue as a private street. -12- APPROVED CONDI- TIONALLY ROLL CALL January 6, 1983 � r c w � m City of Newport Beach Planning Director Hewicker referred to Condition of Approval No. 3 and stated that current building plans are being requested because there have been numerous addendums to the original building plans which were approved over two years ago. Planning Director Hewicker referred to the natural grade issue and stated that the three different sets of plans he has reviewed for this project, have indicated three different locations for determining the natural grade. Planning Director Hewicker stated that the requirement for an open hand rail has been a standard condition of the Planning Commission for practically every type of architectural encroachment exceeding the height limit. He stated that the open hand rail is required so that there is not a possibility of obscuring anyone's view. Planning Director Hewicker referred to the conditions of approval relating to Carnation Avenue and stated that the requirement for the property owner to tender an irrevocable offer of dedication has been imposed upon other applicants with projects in the area. He further stated that this requirement was imposed on other projects in the area at the request of Mr. Pease himself. Planning Director Hewicker referred to Condition of Approval No. 9 and suggested that this could be certified to the City by a licensed Civil Engineer or Land Surveyor, or it could be verified by the Building Department by the dropping of a tape. He stated that this would verify that the height of the building as illustrated on the applicant's plan is indeed the height to which the building has been constructed. He stated that such a condition has been placed upon numerous applications. Mr. Don Webb, City Engineer, referred to Condition of Approval No. 5 relating to curb, gutter, sidewalk and pavement construction. He stated that one of the problems with Carnation Avenue has been caused by.the non - standard improvements and the lack of curb, gutter • and sidewalks. He stated that the angled parking utilized on this portion of vacated Carnation Avenue, -13- MINUTES INDEX January 6, 1983 � F m m w City of Newport Beach contributes to the blocking of the street and the lack of fire access into this area. He stated that two other recent developments in the area have been required to provide curb, gutter and sidewalk. Mr. Webb referred to Condition of Approval No. 8 relating to the guard rail and stated that Carnation Avenue ends at this location. He stated that this is private property and the public is not required to install a guard rail. He stated that requiring the applicant to install a guard rail at this location is not an unreasonable request. Mr. Pease stated that there is currently a barrier at the end of Carnation Avenue. He stated that he concurs with the purpose and objective of a guard rail, but he questioned who would have to pay for the guard rail and its installation. Mr. Pease stated that the diagonal parking is exercised by certain property owners of the area by virtue of a court judgement. He stated that construction of curb, gutter and sidewalks are not necessary and places an unnecessary burden upon him. Mr. Pease stated that the existing handrail is a part of the approved architectural design of the building. Planning Director Hewicker stated that the existing handrail is considered to be partially opened. Mr. Pease stated that the existing handrail would not obstruct any views from adjacent property owners, because the structure behind the deck closes off any view that may be obtained. Mr. Pease further stated that the condition for the irrevocable offer to dedicate is absurd in this particular case. He stated that the same results can be obtained from mutual consent of the surrounding property owners. In response to a question posed by Chairman King, Mr. Pease stated that he can not accept the conditions of approval as outlined in the revised Exhibit "A ". He stated that he has attempted to cooperate with the • Building Department on these issues and requested that the Planning Commission approve his application with the revisions as he has indicated. -14- MINUTES INDEX z � r c c w m y c m 7c W — C S 6 5 p W January 6, 1983 of Newport Beach Planning Director Hewicker stated that in the spirit of compromise, he referred to Condition of Approval No. 2 and suggested that the handrail could be approved as shown on the plans. Commissioner Balalis stated that the applicant should be required to submit current building plans for the project. He stated that the requirement for construction of curb, gutter and sidewalk is needed in the area. He also stated that the conditions relating to Carnation Avenue have been imposed on other projects in the area, therefore it would not be unreasonable to impose such conditions on this project. He stated that the applicant should not be required to install the guard rail as a condition of this approval. He stated that if the City does not feel that this is safe, then measures should be taken to insure its safety. He further stated that the height of the grade can be • determined by the Building Department. Chairman King expressed his concern with the requirement for the guard rail. He stated that the Municipal Code requires that approval of such a project shall not 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. He stated that the applicant should be responsible for this requirement. Planning Director Hewicker stated that the Municipal Code contains a chapter relating to the clean -up of construction site debris. He stated that a deposit is required depending upon the valuation of the project. He stated that there is a minimum deposit of $100.00 up to $5,000.00. In response to a question posed by Commissioner Goff, Planning Director stated that the construction site • debris deposit is handled by the Building Department at the time the building permit is issued. -15- MINUTES INDEX MINUTES January 6, 1983 FINDINGS: 1. The project is consistent with the adopted goals and policies of the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as • there is a greater amount of open space on the site adjacent to the property lines than is required. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. The approval of Use. Permit No, 3013 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. - -16- X y. City of Newport Beach ROLL CALL INDEX Motion X Motion was made for approval of Use Permit No. 3013, All Ayes X X X X X X * subject to the findings and conditions of Revised Exhibit "A ", with the following revisions to Condition No. 2 that the design of the handrail shall be as shown on the approved plans, and Condition No. 9 shall be revised to reflect that verification of the height shall be either by a licensed Civil Engineer or Land Surveyor, or the Building Department,' which MOTION CARRIED: FINDINGS: 1. The project is consistent with the adopted goals and policies of the General Plan and the adopted Local Coastal Program, Land Use Plan. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as • there is a greater amount of open space on the site adjacent to the property lines than is required. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. The approval of Use. Permit No, 3013 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. - -16- COMMISSIONERS MINUTES January 6, 1983 a m w City of Newport Beach ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That the design of the handrail shall be as shown on the approved plan. 3. That prior to the removal of the stop work order on the subject structure, the applicant shall submit to the Building Department for review and approval, two complete sets of the most current building plans showing all existing and proposed construction, including all foundations and caissons; all structural details and sections; floor plans showing all room uses and exits; all elevations, and a plot plan showing the location of all property lines and structures. These plans • must be legibly drawn to scale and dimensioned. 4. That all improvements be constructed as required by ordinance and the Public Works Department. 5. That curb, gutter, sidewalk, and pavement be constructed along the southerly 25 feet of the abandoned Carnation Avenue frontage, and that the curb location and grades be approved by the Public Works Department. 6. That a standard subdivision accompanying surety be provide satisfactory completion of improvements, if it is desired to work order prior to completion improvements. agreement and i to guarantee the street remove the stop of the street 7. That the owner tender an irrevocable offer of dedication for that portion of the abandoned Carnation Avenue located on the .subject property. (Note: It is the intent of the Planning Commission that said offer shall be exercised at such time as dedications can be obtained from property owners. of other abutting properties within the abandoned • portion_of Carnation Avenue). -17- COMMISSIONERS MINUTES January 6, 1983 w. City of Newport Beach ROLL CALL INDEX 8. That a guard rail as approved by the City Traffic Engineer be installed at the Carnation Avenue street end. 9. That prior to the occupancy of the structure, a licensed Civil Engineer or Land Surveyor, or the Building Department shall certify that the height above grade of the handrail on the fourth level observation deck is in substantial conformance with the approved plans. Request to waive a portion of the required off - street item #3 parking spaces in conjunction with the proposed expansion of an existing office building which is • presently nonconforming with regard to the number of off - street parking spaces. The proposal also includes a modification to the Zoning Code so as to allow a USE PERMIT portion of an off - street parking space and a proposed NO. 3006 trash enclosure to encroach into the required 10 foot rear yard setback adjacent to an alley. AND AND Request to establish a single parcel of land and eliminate interior lot lines where one lot and a portion of two other lots presently exist so as to Item #4 allow the expansion of an existing office building. LOCATION: Lot 4 and a portion of Lots 5 and 6, Tract 443, located at 504 North Newport RESUB- Boulevard, on the northeasterly corner DIVISION of North Newport Boulevard and Orange NO. 736 Avenue in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 - BOTH. APPROVED APPLICANT: Thomas W. Burton, Newport Beach CONDI- TIONALLY • OWNER: Same as applicant ENGINEER: Duca McCoy, Inc., Corona del Mar IS= MINUTES January 6, 1983 � m m m m 0 w. City of Newport Beach o v p IIIIIIII ROLL CALL 1 1 1 1 1 1 1 1 1INDEX ■ Agenda Items No. 3 and 4 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Thomas Burton, the applicant, appeared before the Commission. Mr. Burton 'stated that they propose to develop the. property as the corporate headquarters for Specific Tours, which is a wholesale tour business. Mr. Burton delivered a slide presentation which depicted the existing land uses of the site, adjacent parcels, the proposed plan and elevations of the site. Mr. Burton stated that they are complying with the intent of the regulations, but because of the shape of the parcel, they are requesting a parking waiver of seven spaces. He stated that they are also requesting the elimination of the interior lot line so that the two parcels can become one parcel. He stated that the I! I I I I I I proposed project will constitute a great improvement to 0 the doorway of the City on North Newport Boulevard. Commissioner Kurlander asked Mr. Burton if they had explored the possibility of obtaining an off -site parking agreement. Mr. Burton stated that they have attempted to do so, but all of the surrounding properties have their own constraints which make this impossible. He referred to the vacant parcel located across the street which is owned by the City, but he stated that there are technicalities involved in formally dedicating on- street public parking. Mr. James Arthur, architect for the project, stated that in consulting with the City, there are technical complications involved with the ultimate right -of -way for the ,parcel owned by the City. Mr. Sid Sofer, owner of the property.across the street towards Newport Boulevard, appeared before the Commission. Mr. Sofer stated that the proposed project will increase the value of surrounding properties in the area. He stated that the applicant will be providing ample parking in the front of the building and additional parking in the back portion of the . building. He stated that the proposed project will serve to upgrade the area. -19- January 6, 1983 � m W m City of Newport Beach Mr. David Shores, a tenant of the subject property, appeared before the Commission. Mr. Shores stated that the property is currently in an unslightly condition. He stated that the entire area will benefit from the proposed project. He stated that this is a perfect opportunity to offer the applicant an incentive to upgrade the area. He stated that as a tenant of the area, parking has never been a problem. He stated that the use of the building as proposed, will not be creating additional traffic for the area. Planning Director Hewicker stated that Specific Tours has been located on the Lido Peninsula for several years. He stated that Lido Peninsula has proven to be a good location for the use, because the business does not generate a high amount of traffic and visitors. He stated that if Specific Tours is to occupy the space in the proposed building, perhaps the parking will not be • a problem. Mr. Burton stated that Specific Tours intends to occupy the space in the proposed building. Mr. Robert Ewing, former owner of the property in question, stated that the street has been a disgrace to the City. He stated that the adjacent Southern California Edison facility requires all of their parking on -site and does not utilize any on- street parking. Further, he stated that the parcel across the street is vacant which allows for on- street parking in the area. He stated that he had owned the property for eleven years and there had never been a problem with the parking. He urged the Planning Commission to approve the proposed project. Mr. Bill Rucker, representing Factory Insurance Services, which is located at 326 North Newport Boulevard, stated that they are in support of the proposed project. Mr. James Crockett, owner of the property located at 494 North Newport Boulevard, stated that all of the property owners of the area are in support of the • proposed project. -20- MINUTES INDEX ROLL CALL January 6, 1983 f m m m City of Newport Beach Planning Director Hewicker stated that a medical office or medical related use as a tenant in the proposed building would generate a high amount of traffic and increase parking requirements. He suggested that a condition could be added which would prohibit these uses occupying the proposed building. Chairman King asked Mr. Burton if he would be willing to accept the condition which would limit the property to .57 times the buildable area. Mr. Burton stated that this would be acceptable. Chairman King asked Mr. Burton if he would be willing to accept an additional condition which would prohibit a medical service facility from becoming a tenant of the property, which may increase the demand for parking on the site. Mr. Burton stated that this would be acceptable. 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. • 2. The project lot size conforms to the Zoning Code area requirements. -21- MINUTES INDEX Commissioner Balalis stated that the applicant has an excellent plan for the site. He stated that Old Newport is a window to the City. He stated that this is not a precedent setting item because the Southern California Edison facility is located behind the property and open space is located across the street from the property. He stated that the applicant is willing to accept the conditions of approval which will be placed upon the project. He stated that this may create a trend for other properties. in the Old Newport area to upgrade their properties. Commissioner McLaughlin concurred. Motion Motion was made for approval of Use Permit No. 3006, All Ayes X X X X > i subject to the following findings and conditions, including the additional condition that no medical office or medical related use become a tenant or occupy the subject property, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. • 2. The project lot size conforms to the Zoning Code area requirements. -21- MINUTES INDEX � r c a 'J J A IG v N J • n U January 6, 1983 of Newport Beach 3.. The Police Department has indicated that it does not contemplate any problems. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 5. The proposed waiver of seven (7) off - street parking spaces in conjunction with the approval of Use Permit No. 3006 will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications to encroach into the required 10 foot rear yard setback are consistent with the legislative intent of Title 20 of this Code. 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That a minimum of twenty -five (25) off - street parking spaces shall be provided on -site. 3. That the rear parking area adjacent to the alley shall be used for employees only. 4. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 5. That any proposed landscaping adjacent to the. public right -of -way be approved by the Public Works Department. -22- MINUTES INDEX MINUTES January 6, 1983 � � c m H City of Newport Beach M ROLL CALL I I 1 1 I I I I I INDEX ■ 6., A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 7. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 8. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 9. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. • 10. That project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 11. That all mechanical equipment and trash areas shall be screened from public view and from surrounding properties. 12. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in all leases or sub- lease's for space in the project and shall be included in any Covenants, Conditions and Restric- tions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments . which rely on such services; -23- MINUTES January 6, 1983 rC r0 c w City of Newport Beach M ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; _ c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 13. Prior to.the occupancy of any buildings, a program for the sorting of recyclable material form other solid wastes shall be developed and approved by the Planning Department. • 14. The proposed development shall provide for vacuum sweeping of all parking areas. 15. The project shall be so designed to eliminate light and glare spillage on adjacent residential uses. 16. That as long as the property is developed with a structure which does not maintain the required number of offstreet parking spaces, the applicant shall record a covenant, of which the form and content is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to not exceed a limitation of .57 times the buildable area on the subject property. This is in consideration of approval of the use permit to waive seven (7) of the required offstreet parking spaces. 17. That all conditions of approval of Resubdivision No. 736 be fulfilled. 18. That medical office or medical related uses shall be prohibited from becoming a tenant or occupying the building. • -24- MINUTES January 6, 1983 m m n m 0 E I City of Newport Beach INDEX Motion All Ayes Motion was made for approval of Resubdivision No. 736, X X X * subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS: 1. That a parcel map be filed. 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 to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That the on -site parking circulation and pedestrian circulation systems be approved by the Traffic Engineer. 5. That a 15 foot radius corner cutoff at the corner of North Newport Boulevard and Orange Avenue be dedicated to the public. • IIIIIIII -25- MINUTES January 6, 1983 � r c w. 3 City of Newport Beach c s a g o m _ m ■ ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX ■ 6, That curb, gutter, pavement and 6 foot sidewalk be constructed along the North Newport Boulevard and Orange Avenue frontages. That the 82 foot drive apron as proposed along North Newport Boulevard be reduced to a 60 foot width using the City's Standard drive apron No. 166 -L, and that the apron width be subject to approval by the City Council. 7. That the adjacent alley be improved to a 15 foot width with concrete from Orange Avenue to the northerly property line boundary. 8. That street and drainage improvements be shown on standard improvement plans prepared by a licensed civil engineer. • I ( I I I I I 9 That the parking lots for the subject development shall be designed with a maximum 4% grade, unless otherwise approved by the Traffic Engineer. 10. That the proposed drive approach on North Newport Boulevard frontage shall have a maximum width of 60 feet, but shall be subject to City Council Approval if it exceeds 35 feet in width. r s The Planning Commission recessed at 9:15 p.m, and reconvened at 9:25 p.m. IIIIIIII -26- January 6, 1983 of Newport Beach Request to permit the establishment of a take -out food establishment including the sale of shaved ice products in the C -1 District, and to waive all of the required off - street parking spaces. LOCATION: Lot 12, Block 14, Balboa Island Tract, located at 322 Marine Avenue, on the easterly side of Marine Avenue between Balboa Avenue and the Balboa Island Channel, on Balboa Island. ZONE: C -1 APPLICANT: Marcia Bentley, Studio City OWNERS: Paula Benbou and Howard G. Tucker, Balboa Island The public hearing opened in connection with this item and Mr. Ed Siebel, attorney, representing the applicant, appeared before the Commission. Mr. Siebel referred to his memo dated December 30, 1982, relating to the meeting of the Balboa Island Planning Committee. He stated that the committee was. formed to explore problems on the Island, including the possibility of reducing parking requirements for commercial units provided that alternate arrangements can be made, upgrading the quality of stores along Marine and Agate Avenues, and enhancing and encouraging stores which provide residential services. He stated that as a resident of the Island, he will stay personally involved with the progress of the committee. Mr. Siebel stated that the take -out restaurant parking requirements were designed for higher volume take -out facilities, not for a facility such as the proposed Island Snow. He stated that the Island Snow facility would be generating a low volume of traffic, such as that of a retail store. Mr. Siebel stated that the Balboa Island residents are concerned with take -out restaurants and the cleanliness of the sidewalks. He stated that this proposed • restaurant, along with the recently approved Haagen -Dazs facility will serve as a clean -up operation -27- MINUTES INDEX 012 e` m Q �G` 7C m fiI m D January 6, 1983 of Newport Beach Request to permit the establishment of a take -out food establishment including the sale of shaved ice products in the C -1 District, and to waive all of the required off - street parking spaces. LOCATION: Lot 12, Block 14, Balboa Island Tract, located at 322 Marine Avenue, on the easterly side of Marine Avenue between Balboa Avenue and the Balboa Island Channel, on Balboa Island. ZONE: C -1 APPLICANT: Marcia Bentley, Studio City OWNERS: Paula Benbou and Howard G. Tucker, Balboa Island The public hearing opened in connection with this item and Mr. Ed Siebel, attorney, representing the applicant, appeared before the Commission. Mr. Siebel referred to his memo dated December 30, 1982, relating to the meeting of the Balboa Island Planning Committee. He stated that the committee was. formed to explore problems on the Island, including the possibility of reducing parking requirements for commercial units provided that alternate arrangements can be made, upgrading the quality of stores along Marine and Agate Avenues, and enhancing and encouraging stores which provide residential services. He stated that as a resident of the Island, he will stay personally involved with the progress of the committee. Mr. Siebel stated that the take -out restaurant parking requirements were designed for higher volume take -out facilities, not for a facility such as the proposed Island Snow. He stated that the Island Snow facility would be generating a low volume of traffic, such as that of a retail store. Mr. Siebel stated that the Balboa Island residents are concerned with take -out restaurants and the cleanliness of the sidewalks. He stated that this proposed • restaurant, along with the recently approved Haagen -Dazs facility will serve as a clean -up operation -27- MINUTES INDEX 012 January 6, 1983 � r c m � m m m o w City of Newport Beach MINUTES E ROLL CALL INDEX for the sidewalks. He stated that these projects will clean -up not only their own messes, but will be cleaning up other debris and waste on Marine Avenue. He further stated that the syrups which are used by Island Snow are water soluble. Mr. Siebel stated that the Island Snow take -out restaurants are quality stores with good reputations. He stated that the cost of the products sold at Island Snow are relatively expensive. He stated that the applicant has agreed that there will be no video games on the premises. He stated that the applicant is willing to accept a review in two years by the Commission so that their store will conform with the findings of the Marine Avenue study. Commissioner Goff asked if the applicant would be • willing to accept a condition on the use permit that there would be no-video games allowed on the premises. Mr. Robert Burnham, Acting City Attorney, stated that the Planning Commission could impose such a condition. Mr. Siebel stated that this would be acceptable. He stated that only the Island Snow shaved ice product and the Island Snow T- shirts and sweatshirts would be sold at the facility. In response to a question posed by Commissioner McLaughlin, Commissioner Goff stated that progress was made at the Balboa Island Planning Committee meeting, in that the problems on Balboa Island were outlined and possible solutions were discussed. Chairman King stated that all of the Balboa Island associations have agreed to work together to resolve the problems on the Island. Mr. William Laycock, Current Planning Administrator, stated that the Little Balboa Island Property Owners Association is opposed to the proposed request. Commissioner McLaughlin expressed her concern that waiver of the parking requirements for the take -out . restaurants may set a precedent for larger restaurants to ask the same. Mr. Burnham stated that this would not set a precedent. -28- COMMISSIONERS MINUTES January 6, 1983 � r � m � m City of Newport Beach ROLL CALL INDEX Commissioner Balalis stated that the majority of the Island associations support the approval of this project. He suggested that this item be approved with a review by the Modifications Committee in one year, but at the end of the two year period, the Planning Commission review the item in conjunction with the findings of the Balboa Island Planning Committee. He stated that the applicant has agreed to such a condition. Commissioner Kurlander stated that he can not support the approval of this item. He stated that a Haagen -Dazs take -out facility was recently approved in the immediate area. He stated that he can not continue to support take -out facilities on Balboa Island. Commissioner Goff stated that this application has been used as a catalyst to bring the various Balboa Island associations together to discuss the problems on the . Island and to develop a comprehensive plan which will address and resolve these problems. Therefore, he stated that he would support approval of this item. Commissioner Goff suggested that approval of this item include additional conditions which would prohibit the use of video games on the premises, and Modifications Committee review after the period of one year and review by the Planning Commission at the end of the two year period in conjunction with the findings of the Balboa Island Planning Committee. Motion Y Motion was made for approval of Use Permit No. 3012, subject to findings and conditions of Exhibit "B ",' including additional conditions which would prohibit the use of video games on the premises, and the Planning Commission shall review the application at the end of two years in conjunction with the findings of the Balboa Island Planning Committee. Mr. Burnham suggested that the additional condition relating to the review of the application could be worded as follows: At such time as the City Council of Newport Beach takes any action to implement by ordinance, resolution or policy any recommendation of . the Island .Liaison Committee, the applicant without modification or amendment to this use permit shall fully comply with such ordinance, resolution or policy, including the payment of any sum of money that may be required thereby. -29- � z � r c January 6, 1983 of Newport Beach MINUTES E ROLL CALL I I 1 1 J i l l I INDEX ■ r1 L_J • Commissioner Balalis stated that his intent is for the Planning Commission to review the application at the end of two years. He stated that at the end of the two year period, the suggestion by Mr. Burnham "might" be added as an additional condition. Commissioner Balalis stated that the use permit renewal may be denied at the end of the two year period if no progress has been made toward the Balboa Island study. Commissioner Winburn asked if the project can be conditioned upon the continuation and progress of the Balboa Island Planning Committee. Commissioner Balalis stated that if no progress has been made toward the Balboa Island study, the use permit renewal may be denied at the end of the two year period. He stated that this is a business which is being allowed to operate under the conditions of a use permit, this is not an application for a building structure which is being constructed. Commissioner Winburn expressed her concern that future requests may also be conditioned with the progress of the Balboa Island Planning Committee, yet she stated that the problems will remain unsolved on the Island. She stated that she would not be supporting the approval of this item because she is against the waiver of the parking requirements. She stated that there is already inadequate parking on Balboa Island and the proposed use is located near residential uses. She stated that the line must be drawn somewhere, because either the current Ordinances have to be abided by, or changed. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the outdoor take -out restaurant standards were developed . fifteen years ago. He stated that the parking standards were developed because of franchise type of fast food operations located on free standing sites. He stated that the proposed use may generate a larger amount of foot traffic than that of the standard franchise type of operation. He stated that the majority of the people who visit Balboa Island do so to recreate on the Island, rather than to specifically buy an Island Snow or Haagen -Dazs product. -30- January 6, 1983 m � m �=a�o y. City of Newport Beach _m Commissioner Balalis suggested that perhaps the Island Snow facility could be divided so that a portion of the facility becomes a T -shirt shop and the other portion becomes the dispensing area for the Island Snow product. He stated that this would drastically reduce the parking requirements. He stated that the current parking standards for take -out restaurants do not meet the intent of the proposed item. Commissioner Goff stated that within the last six months, there have been two applications for take -out facilities on Marine Avenue. He stated that this indicates that the character of the Balboa Island commercial district is beginning to change. He stated that if the Commission wants to channel this change in a positive direction, it will take the cooperation of the City, the merchants and the residents of Balboa Island. He stated that the conditions of approval for • this application affords the City the opportunity to encourage this type of cooperation. Commissioner Balalis stated that the proposed use is not a typical destination restaurant, therefore, he stated that it would not be fair to impose all of the parking requirements on this project. Chairman King asked the procedure which would be utilized for the sidewalk vending of food products. Planning Director Hewicker stated that the commercial use of public sidewalks is not permitted in the City of Newport Beach. Mr. Burnham stated that the City does have procedures for mobile food establishments which have rarely been utilized. Planning Director Hewicker stated that the ordinance has specifically built into it, the ability of the Planning Commission to waive the parking requirements, if it is found that the requirements imposed would be impractical. He stated that this has been done by the Planning Commission on numerous occasions. He stated that the basic question which this application poses is • the change in use on Marine Avenue and Balboa Island. -31- MINUTES INDEX COMMISSIONERS MINUTES January 6, 1983 0 . _. m = m w City of Newport Beach ROLL CALL INDEX Ayes X X X X Motion by Commissioner Balalis for approval of Use Noes 2 X Permit No. 3012, subject to the findings and conditions Absent * of Exhibit "B ", including the additional conditions which would prohibit the use of video games on the premises, and the Planning Commission shall review the application at the end of two years in conjunction with the findings of the Balboa Island Planning Committee, was now voted on as follows, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the Land Use Elements of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. • 3. That the waiver of the development standards as they pertain to circulation, walls landscaping, utilities, and the required parking spaces will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 5. . The Police Department has indicated that they do not contemplate any problems. 6. The approval of Use Permit No. .3012 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. :Q�7� 7YYii7� I I I I 1. That development shall be in substantial conformance with the approved plot plan, floor • plan, and elevations. -32- January 6, 1983 � r c m = m w City of Newport Beach 2. That the development standards related to all of the required commercial offstreet parking spaces, setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That all exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. 4. That all mechanical equipment and trash areas shall be screened from Marine Avenue and the adjoining alley and properties. 5. That a trash compactor shall be installed. 6. That all trash, including compacted trash bags and recyclable containers, shall be stored within the building until they are to be picked up. • 7. That no cooking, or any food preparation other than shaved ice or ice cream related products, or other approved items, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. Other than shaved ice or ice cream, sales shall be limited to T- shirts and sweat shirts bearing the "Island Snow" logo. 8. That the hours of operation shall be restricted to the hours between 10:00 a.m. and 10:00 p.m. 9. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 10. That only bench seating shall be_ provided in the facility. I ( I I ( I 11. That this approval shall be for a period of one • year, and any extension shall be subject to the approval of the Modifications Committee. -33- MINUTES INDEX MINUTES January 6, 1983 e ` m y City of Newport Beach ■ ROLL CALL I I I I III I I INDEX M • • 12. The use of video games on the premises shall be prohibited. 13. The Planning Commission shall review the application at the end of two years in conjunction with the findings of the Balboa Island Planning Committee. Request to establish a take -out restaurant facility with incidental dining and on -sale beer and wine in the Item #6 Harbor View Center in the C -O -H District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Parcel No. 2 of Parcel Map 35 -1 (Resubdivision No. 284), located at 1648 USE PERMIT San Miguel Drive on the northeasterly NO. 3014 corner of San Miguel Drive and San Joaquin Hills Road, in the Harbor View Center. ZONE: C -O -H APPLICANT: The Pasta Machine, Laguna Beach OWNER: The Irvine Company, Newport.Beach The public hearing opened in connection with this item and Mr. Alan Newby, representing The Pasta Machine, appeared before the Commission and requested approval of this application. He stated that Harbor View Center is a perfect location for the proposed use. Commissioner Goff asked if the consumption of beer- and wine will be on the premises or for take -out use. Mr. Newby stated that the beer and wine will be consumed on the premises. -34- APPROVED MINUTES January 6, 1983 r c _. m � m M m w City of Newport Beach 0 ROLL CALL I I I I I I I I I INDEX E In response to a question posed by Commissioner Winburn, Mr. Newby stated that the busiest time of the day for The Pasta Machine facilities occurs in the late afternoon because the majority of the business is for take -out service. He stated that they will also be providing seating for approximately 22 people. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker explained how the parking requirements are calculated for take -out restaurant facilities. Mr. William Laycock, Current Planning Administrator, stated that. 15 spaces are available in the parking lot for the restaurant use. He stated that staff felt as though this was an adequate amount of parking spaces for the proposed use. Motion X Motion was made for approval of Use Permit No. 3014, • subject to the findings and conditions of Exhibit "A ". In response to questions posed by Commissioner Goff, Mr. Newby stated that the other Pasta Machine take -out restaurants do not have sit down dining facilities, therefore he stated that they do not sell beer and wine for consumption on the premises. Commissioner Goff suggested an amendment to the motion which would prohibit on -site consumption of beer and wine. He stated that this will ensure that the patrons of the restaurant will not occupy the parking lot spaces' for any longer than necessary. He stated that the parking conditions of the Harbor View Center are adequate, but may no longer be adequate if the patrons prolong their stay at the facility. Commissioner Kurlander stated that he. could not accept the suggested amendment to his motion. He stated that the sale of beer and wine will be incidental to the consumption of the food items. Commissioner Balalis concurred and stated that this should be added as a condition of the approval. • -35- January 6, 1983 7 MINUTES m m m y. City of Newport Beach INDEX Chairman King asked the representative from The Irvine Company the policy of Harbor View Center for the consumption of alcoholic beverages in the public area. Mr. Dave Dmohowski, representing The Irvine Company, stated that the consumption of alcoholic beverages is not permitted in the common areas under the provisions of the Municipal Code. However, he stated that subject to the securing of a use permit, alcoholic beverages can be consumed on the premises of a business. Chairman King suggested that conditions be added which would provide for grease interceptors and a washout area for the restaurant trash containers. Amended Commissioner Kurlander amended his motion for approval PP Motion Jx1X1x1x1X1'1 of Use Permit No. 3014, to include conditions which All Ayes X would provide for grease interceptors and a washout area for the restaurant trash containers, and that the sale of beer or wine shall be incidental to the • I + I I I I I consumption of food on the premises; which AMENDED I MOTION CARRIED, as follows: FINDINGS 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. Adequate off - street parking spaces and traffic circulation are being provided for the proposed development. 3. The Police Department has indicated that they do not contemplate any problems. 4. That the waiver of development standards for the proposed take -out restaurant facility will not be detrimental to adjoining properties. 5. The approval of Use Permit No. 3014 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. -36- MMISSIONERS January 6, 1983 � x m m y. City of Newport Beach MINUTES ■ ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That. the. development standards for the subject take -out restaurant facility, including twenty -eight (28) additional parking spaces, are waived. 3. 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. 4. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 5. That the sale of beer and wine shall be incidental to the consumption of food on the premises. • I I I I I I I 1 -37- COMMISSIONERS MINUTES January 6, 1983 v m o 7C .n y m H City of Newport Beach ROLL CALL INDEX Request to permit the construction of a restaurant facility with on -sale alcoholic beverages and live entertainment with related compact parking spaces in the Civic Plaza Planned Community. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with a valet parking service. LOCATION: All of Parcels No. 1 and 4 and a portion REVIES of Parcel No. 3 of Parcel Map No. 175- _ NO. 3( 22, 23 and 24, (Resubdivision No. 730) located on the northeasterly corner of Santa Barbara Drive and San Clemente Drive, in the Civic Plaza- Planned Community. ZONE: P -C anti; APPLICANT: Lee & Sakahara Associates, AIA, Inc., - 20, 1983 • Costa Mesa OWNER: The Irvine Company, Newport Beach Staff recommended that Condition No. 2 be revised as follows: 2. That the City Traffic Engineer shall review and approve the valet parking service operation and the final on -site parking and circulation system. The parking spaces which are most convenient and most accessible to the restaurant entrance shall be set aside for customer self - parking, with the more remote areas of the lot to be used by the valet parking service and employees. No on- street parking shall be permitted. Staff further recommended that Condition No. 18 be added to read as follows: 18. That live entertainment shall be limited to occasional piano playing and shall be restricted to the hours between 8:00 p.m. and 2:00 a.m., Monday through Thursday; and the hours between • 4:00 p.m. and 2:00 a.m., Friday through Sunday. -38- ROLL CALL January 6, 1983 � r c m m City of Newport Beach The public hearing opened in connection with this item and Mr. Donald Yoshino, architect for the project, appeared before the Commission, and requested approval of this item. He stated that Mr, Steve Sandland, representing The Irvine Company, will address the parking issue and revised Condition No. 2. Mr. Yoshino asked for clarification on Condition No. 5, relating to the parking areas being completed and striped prior to the issuance of building permits. Mr. William Laycock, Current Planning Administrator, stated. that because of the parking situation which could be created with the additional building being constructed adjacent to the City Library, the parking lot areas should be completed and striped prior to the issuance of building permits, rather than prior to the issuance of occupancy permits. • Chairman King suggested that perhaps the parking area could be divided in such a manner during the construction of the building so that access to the site would not have to be taken over an approved and striped parking area. Mr. Yoshino stated that they would be willing to work with The Irvine Company on this issue. Planning Director Hewicker stated that there has been a history of restaurants within the City, which have opened for .business prior to the time that their parking lots and landscaping have been completed. He stated that the concern of this application is with its close proximity to the Municipal Library. Commissioner Goff suggested that staff and the applicant develop a parking lot phasing plan. Mr. Don Webb, City Engineer, explained how access and adequate parking for the library can be obtained during the construction phase of the project. Chairman King stated that the primary concern is that the construction disruption to the library should be held at a minimum. Mr. Yoshino stated that they will • make the secondary access their primary access during the construction phase of the project. -39- MINUTES INDEX ROLL MINUTES January 6, 1983 7 m � a m q. City of Newport Beach INDEX Mr. Yoshino referred to Condition No. 18 and requested that the word "piano" be deleted and replaced with the wording, "musical instrument ". He stated that the current wording would prohibit the use of a guitar. He further requested that the live entertainment be allowed to occur during the restaurant hours, rather than restricting the hours. Planning Director Hewicker stated that the applicant had indicated that there may be occasional piano playing when the owners of the restaurant were present. Therefore, he stated that Condition No. 18 was added to specifically 'address this point. He stated that the hours restricting. the live entertainment were. designed to coordinate with the hours of operation of the library, so that it would not start until one hour prior to the time the library closes. Commissioner Kurlander suggested that Condition No. 18 • be revised to indicate that the musical instruments shall not be amplified. Mr. Robert Burnham, Acting City Attorney, suggested defining the instruments as unamplified musical instruments, excluding drums. He also suggested that the applicant would have to obtain a live entertainment permit pursuant to Chapter 5.28, in the event anything.other than a piano is played. Mr. Yoshino stated that the entertainment will only be occasional and will not be an organized band or group. He stated that they would be agreeable to restricting the hours of the live entertainment and restricting the condition to unamplified musical instruments. Ms. Jean Hilchey, Chairman of the Board of Library Trustees for the City of Newport Beach, appeared before the Commission. Ms. Hilchey expressed their concern with the proposed project and the impact it will have upon the shared entrance to the.library and the parking areas. She requested that the entrance have a sign which will indicate the location of the library. She stated that they are concerned with making the entrance safe for their patrons, since the entrance will be shared with patrons of the .restaurant who will be consuming liquor. -40- COMMISSONERS � x � r c � m 0 S. CI c s a m 7 m m :.- y January 6, 1983 of Newport Beach MINUTES ■ ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ Ms. Hilchey suggested that the entrance be widened and a divider be utilized. She requested that the construction trucks be prohibited from utilizing the main entrance and expressed her concern that the library parking not be disturbed during the construction phase of the project. She further suggested that the library parking spaces be posted as library parking only. Mr. Webb stated that the Public Works Department would be opposed to any additional entrances on San Clemente Drive. He stated that the joint use of the driveway has always been in the layout for Civic Plaza. In response to a question posed by Commissioner Balalis, Mr. Webb stated that the Traffic Engineer will review and approve the final on -site parking and circulation system. He stated that the Traffic Engineer could also review the possibility of widening the access of the driveway, including a center divider. In response to a question posed by Commissioner Goff, Ms. Hilchey stated that the library is currently closed on Sundays. However, she stated that sometime in the future the library may be open on Sunday afternoons. Ms. Aileen Schrader, Vice - Chairman of the Board of Library Trustees, appeared before the Commission. Ms. Schrader stated that they would like the boundary of the parking lot moved so that the center access could be widened. She stated that it is very difficult for a standard size car to turn into the parking spaces on the.first attempt. She stated that more room is needed to safely maneuver the cars.. Ms.. Schrader stated that they are also concerned with the aesthetics of the proposed project. She requested that the trash and delivery areas of the restaurant should not be within view of the library. She also requested that the trash area be closely monitored. I I Planning Director Hewicker stated that Condition No. 6 • requires that all mechanical equipment and trash areas shall be screened from adjoining streets and buildings. -41- MINUTES January 6, 1983 � x ? m m m m w. City of Newport Beach INDEX Commissioner McLaughlin asked if the library sign will be located at the entrance of the driveway. Staff replied that the location of the library sign will be determined by the Public Works Department. Mr. Steve Sandland, representing The Irvine Company, appeared before the Commission. Mr. Sandland discussed various aspects of the proposed project, including the parking requirements for the area. He stated that the project will be providing 62 valet parking spaces and 66 self parking spaces, for a total of 128 parking spaces for the restaurant. Mr. Sandland requested that revised Condition No. 2 be deleted and the original Condition No. 2 be approved. He stated that their current parking plan with the valet and self parking as indicated, provides for better parking conditions and the best utilization of • the land. He stated that employees would be utilizing the more remote areas of the parking lot. In response to a question posed by Commissioner Winburn, Mr. Sandland indicated on the site plan where the City property line for the library was located. He discussed the reciprocal parking easement in Civic Plaza which affects the proposed development, the library and the art museum. Commissioner Winburn stated that if the self parking spaces are filled, there is a possibility that the restaurant patrons will park in the library parking spaces and walk to the restaurant. Mr. Sandland stated that it would be appropriate to install signs which would indicate library parking only and restaurant parking only at certain locations. He stated that a sign could also be installed which would direct the restaurant traffic on -site. Ms. Hilchey stated that the library employees would be utilizing the more remote areas of the parking lot. Mr. Sandland stated that it may also be appropriate to label the parking spaces which would be utilized by the library staff. • -42- January 6, 1983 F � c m � m m m q City of Newport Beach MINUTES E ROLL CALL I III Jill I INDEX Commissioner Goff asked how the parking for the restaurant will be supervised. Mr. Yoshino stated that it will be the responsibility of the restaurant staff to control the valet parking in the assigned tandem spaces. Mr. Sandland stated that the proposed site plan allows for close valet parking which is a benefit. Mr. Sandland further stated that half of the required parking is being provided as valet parking which is also a benefit. Commissioner Goff expressed his concern that the library patrons never have a difficult time finding parking for the library use. He stated that it is incumbent upon the management of the restaurant to police the valet parking and protect the rights of the library patrons. Planning Director Hewicker stated that the applicant is hot asking for a waiver of any parking. However, a • modification is being requested for the use of valet parking attendants and the use of tandem parking stalls. Ms. Hilchey expressed her concern that many children and young adults ride their bicycles to the library and must utilize the driveway also. Mr. Sandland stated that the tandem parking spaces provide additional parking closer to the restaurant. He stated that the use of a valet parking service is a financial commitment of the restaurant. Planning Director Hewicker stated that some people resist utilizing valet parking, thereby using parking spaces which are located farther away from the facility. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the proposed restaurant is a permitted use in the Civic Plaza Planned Community, subject to the approval of a Site Plan Review. He stated that the applicant is also requesting a modification to the City's parking standards to allow for the valet parking and use of tandem parking spaces. • Commissioner Balalis asked if this item is approved, and it is determined in the future that the valet parking is a problem, what recourse would the Planning Commission have in resolving this problem. -43- • Motion All Ayes Is January 6, 1983 '4E ` m � m . City of Newport Beach Planning Director Hewicker referred to revised Condition No. 2 and stated that this requires that the most desirable parking spaces be made available for self parking. He stated that most persons utilizing the valet service do not care how far away the parking space will be. Planning Director Hewicker stated that a condition could be added to the Site Plan Review which would state, "That at the end of a certain period of time, the parking arrangement would be reviewed. If it is determined that the parking lot layout and the valet parking system are not working, redesign of the plan may be required." Mr. Burnham stated that such a condition would be possible. He stated that if the parking lot layout and the valet parking system does not work as intended, it would constitute a violation of the condition. He stated that this would allow a revocation of the Site Plan Review so that additional conditions could be imposed. Mr. Webb stated that a concern had been raised earlier relating to widening the aisle in the library parking lot. He suggested that rather than doing this, that a sidewalk could be constructed on the library side of the parking for the library patrons. Ms. Schrader stated that her concern is with obtaining a wider access aisle so that a car can turn into a stall in one motion. Mr. Webb stated that an aisle width of 24 to 26 feet works best for a parking lot design. He added that the aisle width for the project project will be required to be 24 to 26 feet. Mr. Webb also discussed perpendicular parking and angle parking. He stated that angled parking takes up to 25 percent more of the parking spaces in a parking lot design. Motion was made to continue this item to the Planning X X X 21 N X * Commission Meeting of January 20, 4983, so that the applicant can review the parking issues in more depth, with particular attention to ensure that the library will not be impacted by the overflow parking of the restaurant or restaurant patrons avoiding valet parking, which MOTION CARRIED. * * * -44- MINUTES INDEX January 6, 1983 � c m � m q City of Newport Beach * ** The Planning Commission recessed at 11:25 p.m. and reconvened at 11:35 p.m. * * * Item No. 8 was heard as the last item on the Agenda. * * * General Plan Amendment 81 -2 (Discussion) Request to set General Plan Amendment 81 -2 for public hearing. Motion X Motion was made to set General Plan Amendment 81 -2 for All Ayes X X X X X X * public hearing on January 20, 1983, which MOTION CARRIED. * * * ADDITIONAL BUSINESS Request to initiate an amendment of a portion of Districting Map No. 3 from the Unclassified District to the C -1 District. Motion X Motion was made to set for public hearing on February All Ayes X X X X X X * 10, 1983, a request to initiate an amendment of a portion of Districting Map No. 3 from the Unclassified District to the C -1 District, which MOTION CARRIED.'. * * * Height Limits for Roof Mounted Solar Energy Systems Mr. Robert Burnham, Acting City Attorney, suggested that it would be appropriate for the Planning Director to be allowed to either waive a portion or all of the use permit fees. He stated that the Solar Energy Act states that unreasonable expense can not be imposed upon the installation of solar energy systems. Motion X Motion was made to set for public hearing on February All Ayes X X X X X * 10, 1983, height limits for roof mounted solar energy • systems, .which MOTION CARRIED. -45- MINUTES INDEX • Request to consider amendments to Sections 20.11.040 and 20.15.080 of the Newport Beach Municipal Code as they pertain to revisions of the Open Space Option requirements for residential development, and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach The public hearing opened in connection with this item and Mr. Brion Jeannette, of Brion S. Jeannette and Associates, appeared before the Commission. Mr. Jeannette referred to the staff report and stated that the staff recommendation is a good recommendation. He stated that Alternate No. 2 is more dependent upon use permits and creates more paperwork. Chairman King expressed his concern with projects of two stories or more. He questioned the quality of the open space when it is located on the second and third stories and who benefits from the open space. He stated that it was his understanding that open space and setbacks were for the benefit of the general public and not necessarily for the landowner or homeowner. He • stated that perhaps only a percentage of the open space should be allocated above the ground floor level. -46- MINUTES INDEX #8 January 6, 1983 � r � m m w. City of Newport Beach ROLL CALL American Institute of Architects' Regional /Urban Design Assistance Team (R /UDAT) and the application of such a program in the Newport Pier area. Motion X Motion was made to recommend to the City Council to All Ayes X X X X X X * participate with the American Institute of Architects' Regional /Urban Design Assistance Team (R/UDAT) for the application of such a program in the Newport Pier area, and for the City Council to explore the feasibility of sharing the expenses with businesses and individuals within the community who are willing to participate, which MOTION CARRIED. * * * Amendment No. 582 (Public Hearing) • Request to consider amendments to Sections 20.11.040 and 20.15.080 of the Newport Beach Municipal Code as they pertain to revisions of the Open Space Option requirements for residential development, and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach The public hearing opened in connection with this item and Mr. Brion Jeannette, of Brion S. Jeannette and Associates, appeared before the Commission. Mr. Jeannette referred to the staff report and stated that the staff recommendation is a good recommendation. He stated that Alternate No. 2 is more dependent upon use permits and creates more paperwork. Chairman King expressed his concern with projects of two stories or more. He questioned the quality of the open space when it is located on the second and third stories and who benefits from the open space. He stated that it was his understanding that open space and setbacks were for the benefit of the general public and not necessarily for the landowner or homeowner. He • stated that perhaps only a percentage of the open space should be allocated above the ground floor level. -46- MINUTES INDEX #8 January 6, 1983 R ~2 m m m w. City of Newport Beach Mr. Jeannette stated that in the past, he has explored alternatives which would increase the open areas from the street. He stated that each specific area of the City has its own unique problems, such as small lots in Corona del Mar, West Newport and the Balboa Peninsula. He stated that the decks situated on the ground floor are shaded by the surrounding structures. Therefore, he stated that decks are desired on the second floor so that the sunlight can be more utilized. Mr. Jeannette stated that requiring a percentage of the open space on the ground floor and upper floor begins to restrict the design of the building. He stated that it is also important to continue providing a percentage of the open space for the street side of the building. He then requested that the open space be allowed to be located anywhere within the buildable area of the site, without going through the variance procedure. • Chairman King asked how interior atrium areas would be treated. Mr. Jeannette stated that if the atrium areas are glassed in or enclosed they would be considered as a part of the buildable area. In response to a question posed by Chairman King, Mr. Jeannette stated that it is also important to recognize the solar needs of a building, such as the attached sun space and thermal chimneys which does not introduce any new square footage into the buildable area. Commissioner Balalis stated that the open space standards were developed to prohibit the construction of box -type buildings on small lots where every square inch of buildable area was utilized. He stated that the standards have now created buildings which are very similar in design in order to meet the requirements of the standards. He stated that the open space standards may need to be modified so that the open space can be allowed anywhere within the buildable area of the site. He stated that perhaps it could be changed so that the open space would not be required a minimum of six feet in any direction. • IIIIIIII _47_ MINUTES INDEX January 6, 1983 m > 0 City of Newport Beach MINUTES 0 ROLL CALL I I I I I I I I I INDEX n L J Mr. William Laycock, Current Planning Administrator, stated that staff is recommending to standardize the Open Space Option requirement for the R -1, R -3 and R -4 Districts of Old Corona del Mar, West Newport and the Balboa Peninsula, utilizing the existing R -2 District standard which allows required open space to be located anywhere within the buildable area of the site. He stated that the Open Space Option for the R -2 District was changed in 1977. Mr. Laycock delivered a slide presentation which depicted buildings in the R -2 District which were constructed subsequent to 1977. He stated that the majority of the buildings still provide the open space on the front portion of the building, even though it is not required. He added that staff is recommending that the R -1, R -3 and R -4 Districts be consistent with the Open Space Option requirements for the R -2 District. In response to a question posed by Commissioner Goff, Mr. Laycock stated that in some instances an R -1 lot is located across the street from an R -2 lot, yet the open space requirements are different. Mr. Laycock further stated that the open space would still be required to be open on at least two sides. Mr. Gordon. Glass, architect, appeared before the Commission. Mr. Glass stated that he was a member of the Planning Commission ten years ago when this item was originally discussed. He stated that the architecture and design of buildings today are more sophisticated than the basic box structures of the past. Mr. Glass stated that the Coastal Commission provides that if a local ordinance allows for two times the buildable area of a site, then development should be permitted at two times the buildable area. However, the City does not really allow that amount of buildable area because the open space has to be subtracted from the allowable buildable area. He stated that the City • has one requirement and the Coastal Commission has another. He stated that this is an indefensible position for any ordinance. -48- January 6, 1983 3 x m m w. City of Newport Beach Mr. Glass stated that changing the R -1, R -3 and R -4 Districts to be consistent with the R -2 District would be a desirable simplification of the overly complex rules. He stated that this would be of benefit to the homeowners, architects and the City. He requested that the recommendation of staff be approved. Mr. Glass requested that open exterior stairways with open risers and open railings he permitted to project into the open space area. For example, a spiral steel stairway to obtain access to a roof deck or balcony. He stated that in this way, the open stairway will not cut off the sunlight going into the open space area. Commissioner Balalis concurred with the comments made by Mr. Glass and stated that perhaps the current open space requirements for the R -1, R -3 and R -4 Districts are obsolete. Won X Motion was made to adopt Resolution No. 1086, All Ayes X X X X X X * recommending to the City Council to accept the staff recommendation as stated on Page 3 of the staff report, to change the Open Space Option requirements in the R -1, R -3 and R -4 Districts to be consistent with the Open Space Option requirements of the R -2 District. Additionally, that exterior stairways with open risers and open railings be allowed to project into the open space area, which MOTION CARRIED, as follows: R -1. R -3 and R -4 D 20.11.040 OPEN SPACE OPTION. In the R -1, R -3 and R -4 Districts, in the above noted areas, open space shall. be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the reouired vard setback lines. On- err- 4ritet4-&r--1ot•. behg ad- �.?ic- �egatired• -f rer +t- ward-- set3sae•]r.--- On--a- eerier . 1et7-4l4i - -paee- be•- distri-bxted -*etMt r the - €irst tyre }ve - feet- bekiad -tke- required- £rent -pard- setback: - -fin tke- ease - a €- a- }et- freatiag- erg- gereneneat- egerr- sgseey -49- MINUTES INDEX January 6, 1983 F � c m m w City of Newport Beach MINUTES ROLLCALLI 111 1111 1 INDEX anek-- ss- �l�- ereea�r- er-- bke --baY r- finis- �eC.`e -- tear -be �istribnted -*�_�_ = fiettitxck- tbe- � }�+..rreF- sehJ9aek } ices - - -- where-- e-- gneatien -- arises-- ae - -te -- where - -tke aelelitiene�- even- spet,'e- �xotxie�- be- �,roc+xde&r �se�r �s -en -e threngh- het -er -a -het- rank- an- tlntssne�- eenfigtiratienr -tke �eeetien -vf- tote -�a3r - sgaee- ska3.3- i�i��Ri�ted --lam -the Bireeter-- � €-- Eexxnclni {1,--- Bet*e�aps+ent r- -�ai�ouri-ne�--an investigatien--- $s- -- be --the -- —Mores --- existing strnetnrea- en- ad3einieg- gragerties- in- tke- neighberkaed. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six feet in anv direction provided that said space is contiguous to required open space that provides a minimum six foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. R -2 District Throughout the City 20.15.080 OPEN SPACE OPTION. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times six feet and may be provided anywhere on the lot behind the required setback lines. This open space shall be open on at least two sides and shall have a minimum dimension in any direction of at least six feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than six feet in anv direction provided that said space is contiguous to required open space that provides a minimum six foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level . or. combination of levels and may extend across the entire structure of any portion thereof. -50- ROLL CALL F 0 January 6, 1983 � x : C w. City of Newport Beach There being no further business, Commission adjourned at 12:20 a.m. the Planning Dave Goff, Secretary Planning Commission City of Newport Beach -51- MINUTES INDEX