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Home My WebLink About01/08/1987COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 p.m. DATE: January 8, 1987 CITY OF NEWPORT BEACH MROLLCALLIJ 1 1111 1 1 INDEX Present A1TAyes Motion All Ayes xlxlxlx All Commissioners were present. x z x EX- OFFICIO MEMBERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney z z x William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Dee Edwards, Secretary x x x Minutes of December 4, 1986: Minutes of Motion was made to approve the December 4, 1986, 12 -4 -86 Planning Commission Minutes. Motion voted on, MOTION CARRIED. x x z Request for Continuance: James Hewicker, Planning Director, stated that staff has recommended that Item No. 8, Use Permit No. 3249, regarding construction of a single family dwelling located at 2717 Shell Street, be continued to the January 22, 1987, Planning Commission meeting. Motion was made to continue Item No. 8, Use Permit No. 3249, to the January 22, 1987, Planning Commission meeting. Motion voted on, MOTION CARRIED. x x x -1- Request for Continuance COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 8, 1987 =ROLL CALL I I I I I I I I I INDEX 0 Waiver of Parcel Map (Discussion) - Request. to waive the requirement of a parcel map for the combining of lots in conjunction with the con- struction of a partially open patio cover over an existing outdoor eating area of the Warehouse Restau- rant. LOCATION: Parcel 1 of Parcel Map 63 -11 (Resub -- division No. 447), and portions of Lots 1122 and 1123, Tract No. 907, located at 3450 Via Oporto, on the northeasterly -side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village. ZONE: C -1 -H APPLICANT: Traweek Investment Company, Inc., Marina del Rey OWNERS: June Johnson and Calvin G. Rohrs, Newport Beach Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. Mr. King explained that because the applicant sub - leases under a master lease he is not in a position to dedicate pedestrian easements as requested by staff in Conditions No. 3, 4, and 5 in Exhibit "A ". Mr. King commented that the master leaseholder will be bringing action concerning the pedestrian easements to the City at a later date. Commissioner Kurlander questioned if staff's intent is to have the easements dedicated or to have the leasehold interests in the easements dedicated? Mr. King replied that the intent is to have a long term permanent easement and in the interim to have a leasehold dedication. He explained that the applicant has no intention to occupy the easements because the areas are presently only for pedestrian access. Don Webb, City Engineer, explained that Lido Village dedicated a six foot wide pedestrian easement up to the subject lots and that he did not know why the easement was not continued. Mr. Webb stated that the City is attempting to provide a continuous easement adjacent to the subject lots; however, he said that the City could make the request when the redevelopment of the subject sites comes to the City at a later date. -2- Item No.I Waiver of Parcel Map Approved COMMISSIONERS dh dGx Ov Z qm MINUTES January 8, 1987 ROLL CALL INDEX In response to questions posed by Acting Chairman Koppelman, Mr. King described the sections of the subject site that are within the leasehold control of the applicant, including the area of the subject deck that the applicant is requesting to be covered. In response to a question posed by Mr. Hewicker, Mr. King replied that Traweek Investment Company is not the fee owner of the property. Mr. Webb suggested that in lieu of Conditions No. 3, 4, and 5, a condition could state "that there not be any new construction between the restaurant patio cover and the existing building on Lot 1122, Tract No. 907 so that there would be a 12 foot clear passageway at all times." Mr. King indicated that the applicant is intending only to partially cover an open patio and does not intend any construction that would encroach into the existing 12 foot wide walkway. In response to a question posed by Commissioner Merrill • regarding an easement to protect the interests of the City, Mr. Webb replied that the leasehold interest that the Warehouse Restaurant controls does not cover the 12 foot wide area that the City would like as a pedestrian easement. Mr. Webb further stated that the easement is controlled by Traweek Investment Company, and that there are no property or lot lines in the area that are being leased. Mr. Webb concurred with Mr. Hewicker's recommendation that a condition be amended to state "that no structure on Lot 1123, Tract No. 907, shall be built closer than 12 feet to the edge of the building on Lot 1122, Tract No. 907." Discussion followed between Commissioner Kurlander, Mr. King, and staff regarding the lease that Traweek Investment Company has on the property, and a recommendation to restrict development within the 12 foot wide easement area and the granting of that easement for the City's intended purpose. Mr. King stated that the Warehouse Restaurant would not oppose the recommendation. x Motion was made to approve Waiver of Parcel Map subject to the findings and conditions in Exhibit "A ", to delete Conditions No. 3, 4, and 5 regarding dedication -3- COMMISSIONERS MINUTES j *,-\ \AQ\*1W\0� January 8, 1987 ROLL CALL I I I I I I I I I INDEX I of easements, and to add Condition No. 3, stating "that no structure on Lot 1123, Tract No. 907 shall be built closer than 12 feet to the edge of the building on Lot All Ayes 1122, Tract No. 907." Motion voted on, MOTION CARRIED. FINDINGS: 1. That the building site must be held as separate lots for lease purposes and because of multiple ownerships, which prevents the applicant from combining the properties into a single building site. 2. That the entities proposing to use the site hold an estate in real property that is of sufficient length to guarantee that the lots which constitute the building site will be held as a single entity for the economic duration of the building improve- ment to be placed on the site. • 3. That this request complies with Section 20.87.090 of the Newport Beach Municipal Code. 4. That all requirements of the Newport Beach Munici- pal Code and Policies of the City of Newport Beach which would otherwise be accomplished by the combining of parcels can be met through the imposition of the conditions noted below. CONDITIONS: 1. That the applicant shall indemnify and hold harmless the City in a manner satisfactory to the City Attorney in conjunction with the waiver of the parcel map. 2. Should those portions of the subject property which are in separate ownerships ever be held under a single ownership, this waiver shall become null and void and the property owner shall obtain the approval of a resubdivision. 3. That no structure on Lot 1123, Tract No. 907, shall be built closer than 12 feet to the edge of • the building on Lot 1122, Tract No. 907. - x x x -4- COMMISSIONERS ROLL CALL MINUTES January 8, 1987 CITY OF NEWPORT BEACH A. Use Permit No. 3242 (Continued Public Hearing)' Request to permit the construction of a two unit residential condominium development and related garages and carports on property located in the R -2 District. AND B. Resubdivision No. 837 (Continued Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. LOCATION: Lot 6, Block 543, Corona del Mar, located at 504 Poinsettia Avenue, on the southeasterly side of Poinsettia Avenue, between Second Avenue and Third Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Rodney Brue, Costa Mesa OWNER: Same as applicant ENGINEER: Steve W. May, Anaheim The public hearing was opened in connection with this item, and Mr. Vincent DiBiasi, architect, appeared before the Planning Commission on behalf of the applicant. Mr. DiBiasi- referred to Condition No. 1, Resubdivision No. 837, requesting that a parcel map be recorded prior to issuance of building permits, and he asked that the condition be waived. William Laycock, Current Planning Administrator, indicated that a building permit could be issued on the project as a two unit duplex which would not require a parcel map; however, a parcel map is required for condominiums. James Hewicker, Planning Director, stated that the parcel map should be recorded prior to the time that the building is finaled, because once the building is -5- INDEX Item No.2 UP 32 42 R837 Approved COMMISSIONERS MINUTES C+ January 8, 1987 CITY OF NEWPORT BEACH 9yt^,D ROLL CALL INDEX completed as a duplex, then it would be difficult to convert the building to a condominium. Mr. DiBiasi stated that a parcel map has been submitted for processing; however, the applicant is attempting to start construction at this time. Mr. Hewicker advised that the parcel map process takes between three to six months. Mr. DiBiasi concurred to a recommended condition presented by Commissioner Person stating that the building not be finaled until the recording of the parcel map. In response to questions posed by Commissioner Merrill regarding the bathroom with outside access adjacent to a garage, Mr. Dibiasi replied that the bathroom would be utilized as a beach -type bath and would be used prior to coming into the house. Mr. DiBiasi stated that he would not agree to only an outside shower. • Mr. Hewicker stated that the Planning Commission could impose a condition regarding the recordation of a Covenant limiting the use of the property to two dwelling units, which would put future property owners on notice. The public hearing was closed at this time. In response to a question posed by Commissioner Merrill, Carol Korade, Assistant City Attorney explained the Code Enforcement process. Ms. Korade stated that there are advantages to having a covenant recorded because a covenant puts subsequent buyers on notice, and the recordation would come back to the property owner in a title report. Motion x A motion was made to approve Use Permit No. 3242 and Resubdivision No. 837, subject to the findings and conditions in Exhibit "A ", including the modification of Condition No. 1, Resubdivision No. 837, stating - "that the building shall not receive final inspection until the parcel map has been recorded." Commissioner Person contended that a covenant not be recorded because said application is for a two unit residential • condominium in an R- 2.Zone which is sufficient, and would not give the City any more of an advantage based on the existing Municipal Code. -6- COMMISSIONERS Substitute Motion Ayes No 0 x MINUTES January 8, 1987 CITY OF NEWPORT BEACH In response to a question posed by Commissioner Merrill, Ms. Korade replied that the covenant would generally be in the form of a land use agreement which would preclude the use of a garage as a dwelling unit; however, the R -2 Zone would also preclude the use of a garage as a third unit. Mr. Hewicker pointed out that the subject plan is being approved by the Planning Commission, and if the applicant occupies the garage that is not designated as living space, then the applicant could be subjected to further action. Commissioner Koppelman stated that there are bootleg units throughout the City, and a recordation of a covenant puts a future property owner on notice when that property owner purchases the condominium. Substitute motion was made to approve Use Permit No. 3242, adding Condition No. 6, stating "that the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the number of dwelling units on the property to two units. ", and Resubdivision No. 837, amending Condition No. 1 of Resubdivision No. 837, subject to the findings and conditions in Exhibit "A ". Commissioner Winburn stated that she would support the substitute motion so as to be consistent with a recently approved application in West Newport. Substitute motion voted on to approve Use Permit No. 3242, and added Condition No. 6, "that the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the number of dwelling units on the property to two units. "; and Resubdivision No. 837, including amended Condition No. 1, stating "that the building shall not receive final inspection until the parcel map has been recorded." SUBSTITUTE MOTION CARRIED. A. Use Permit No. 3242 FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. -7- INDEX COMMISSIONERS MINUTES January 8, 1987 M CITY OF NEWPORT BEACH _ ROL CALL I I I I I I I I I INDEX 2. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval 3. The project is consistent with the adopted goals and policies of the General Plan. 4. That an adequate number of on -site parking spaces will be provided in conjunction with the proposed residential condominium development. 5. The project, as conditioned, complies with all applicable standards, 'plans and zoning require- ments for new buildings applicable to the district in which the proposed project is located at the time, of approval. I ( I I I 6. The approval of Use Permit No. 3242 will not, under the circumstances of this case, be detri- mental to the health,_ safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved site plan, floor plans, elevations, and section except as noted in the following conditions. 2. That the new chimneys shall not exceed the minimum height required by the Uniform Building Code. 3. That one garage space and one carport space shall be provided for each dwelling unit. 4. That all Conditions of Resubdivision No. 837 shall be fulfilled. 5. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport • Beach Municipal Code. me COMMISSIONERS MINUTES *\ �A.e� ;m��G��O�� January 8, 1987 y y C o9 ;'� 9 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That the applicant shall record a covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity so as to limit the number of dwelling units on the property to two units. Resubdivision No. 837 FINDINGS: 1. That the design of the resubdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. I I I I I I I 2 That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and • the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That. the building shall not receive final inspection until the parcel map has been recorded. 2. That all improvements be constructed as required by Ordinance and the Public works Department. 3. That each dwelling unit be served with an indi- vidual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from the adjacent alley. 5. That County Sanitation District fees be paid prior to issuance of any building permits. • 6. That any damaged or displaced curb, gutter and sidewalk shall be replaced prior to occupancy of any units. cm COMMISSIONERS MINUTES o��ZGZ'110 January 8, 1987 dG ZoZ %� F��Z CITY OF NEWPORT BEACH \ 9 Z c�,A ROLL CALL INDEX 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. A. General Plan Amendment No. 86 -3 (B) Item No.3 (Continued Public Hearing) Request to consider an amendment to the Land Use (ResolResol3(B) (ution Element of the Newport Beach General Plan, so as to No. 1152) permit an additional 2,740± sq.ft. of floor area in the Block 800 Planned Community of Newport Center; and the A643 acceptance of an environmental document. (Resolution No. 1153) INITIATED BY: The City of Newport Beach Approved AND B. Amendment No. 643 (Continued Public Hearing) Variance No. 1132 Request to consider an amendment to the Block 800 Planned Community Development Standards so as to permit Withdrawn an additional 2,740± sq.ft. of floor area in the Pacific Mutual Plaza Tower II for a laundry -dry cleaner pick -up' area and auto detailer (for on -site tenants only); and additional mezzanine space. AND C. Variance No. '1132 (Continued Public Hearing) Request to waive a *portion of the off- street parking spaces required for the additional 2,740± sq.ft. of floor area in the Block 800 Planned Community. LOCATION: Parcel 1 of Parcel Map 136 -22 -23 (Resubdivision No. 612) located at 800 -880 Newport Center Drive, on the northeasterly corner of Newport Center Drive and Santa Barbara Drive, in Block 800 of Newport Center. ZONE: P -C • APPLICANT: Pacific. Mutual Life. Insurance Company, Newport Beach OWNER: _ Same as applicant -10- COMMISSIONERS MINUTES �\ '0��GP O,o y January 8, 1987 GP �, �°y9'C ZL C �yS � s� ` °� � 9 CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning - Director, .made reference to the applicant's revised parking plan. Robert Lenard, Advance Planning Administrator, stated that the subject Variance No. 1132 has been withdrawn by the applicant. The public hearing was opened in connection with this item, and Mr. Paul Ruffing, architect, appeared before the Planning Commission on behalf of the applicant, and he stated that the applicant concurs with the findings and conditions in Exhibit "A ". The public hearing was closed at this time. Commissioner Winburn stated that the proposed project is minimal expansion and will result in no further Motion x exterior construction. Motion was made to approve All Ayes General Plan Amendment 86 -3 (B) (Resolution No. 1152), and Amendment No. 643 (Resolution No. 1153), subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. AMENDMENT NO. 643 Findings: 1. That the proposed uses are consistent with the Land Use Plan/Element of the General Plan, the Block 800 Planned Community Development Standards, and are compatible with the surrounding land uses. 2. That it has been determined that the requested amendment (No. 643) to the Block 800 Planned Community Development Standards is appropriate, and that both the existing and proposed uses of the land will not conflict with any of the pol- icies or ordinances of the City of Newport Beach. 3. That the proposal, is consistent with the existing use of the subject property and that this develop- ment is a logical use of the property that would be precluded under the development limits set by the existing Planned Community Standards. 4. That the requested amendment for the subject • property will not adversely impact upon the parcel's surroundings and that the granting of Amendment No. 643 will not be detrimental or -11- COMMISSIONERS MINUTES y� oO 0 py January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX injurious to persons, property, and improvements in the neighborhood or general welfare of the City, and further, that the applicant's request would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 5. That the City Traffic Engineer has reviewed and preliminarily approved the proposed parking lot design. 6. That, as a multi- tenant office plaza, provision of adequate parking to service the needs and require- ments of the tenants is reasonable and necessary as provided by Title 20, Chapter 20.30.035, Section C of the Newport Beach Municipal Code. 7. That the proposed percentage of compact, tandem, and handicapped spaces is reasonable for the demand upon the total number of the parking spaces upon the site, and shall not exceed the maximum of twenty -five percent (25%) and two percent (28) for • handicapped persons of the total off - street parking spaces provided on -site as established by the Block 800 Planned Community Development Standards. 8. That the project complies with the requirements of the California Environmental Quality Act. 9. That the project will not have any significant environmental impacts. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plan except as may be noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the final development plans be reviewed by the Building, Fire, and Planning Departments before the issuance of any building permits. 4. That applicant shall submit a revised, fully dimensional plan of all parking areas for review and approval by the Traffic Engineer and Planning Department. -12- COMMISSIONERS MINUTES � Oo y January 8, 1987 G9 Noy��`9Z � �yy CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Planning Department and Traffic Engineer; that the parking plan be ap- proved by City staff prior to the issuance of building permits. Handicap parking shall be provided in accordance with Title 24 of the City's Municipal Code. 6. That the minimum number of off - street parking spaces as required by Title 20, Chapter 20.30.035, Section C of the Newport Beach Municipal Code be provided, and further that the number of spaces provided for compact cars not exceed twenty -five percent (258) and two percent (28) for handicapped persons. 7. That all provisions of the Uniform Building, Plumbing, and Electrical Codes, and all local amendments be incorporated into the final project plans unless otherwise approved by the City Building Director. Use Permit No. 3123 (Review) (Discussion) Item No.4 Request to consider a two year review of a previously UP3123 approved use permit which permitted the establishment of an automotive service and repair facility on proper- Permitted ty located in the M -1 -A District. to Continue LOCATION: Lot 48, Tract No. 3201, located at Operation 3975 Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across from the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: D. D. K. Motors, Newport Beach OWNERS: Aldo and Madeleine Chiappero, Costa Mesa Mr. Don Kusicki, applicant, appeared before the • Planning Commission in consideration of a two year review for the subject use permit.. -13- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH Commissioner Kurlander indicated that an automobile was being repaired outside of the subject building during the time that he was visiting the site, and that adjacent businesses were repairing automobiles in adjacent driveways. Commissioner Kurlander pointed out that Condition No. 2 of the ,subject use permit, states "that all repair and service activities shall be located inside the building." Mr. Kusicki replied that the aforementioned automobile was not from his automobile repair shop, and that he repairs all of the automobiles inside the building. James Hewicker, Planning Director, commented that he had observed several automobile facilities adjacent to the subject site. He said that staff will be investigating to see which businesses are operating in accordance with permits and that staff will bring the non - complying businesses into conformance with the Zoning Code. • I I I I I I I I Commissioner Kurlander stated that he had observed an oil spill at the subject site and said oil may have been washed into the gutter. Motion x Motion was made to permit the applicant to continue operation .of the subject business and that the applicant will not have to come back to the Planning Commission in two years or for any other review unless the Planning Commission becomes aware that there may be a problem. Mr. Hewicker stated that if there would be a change in operation or a violation then the Planning Commission may bring back the subject application in accordance with Condition No. 10 of Use Permit No. 3123. All Ayes I I I I I I I I Motion voted on, MOTION CARRIED. • x x -14- INDEX COMMISSIONERS MINUTES ypA January 8, 1987 A �G�y �Npy9�C o fyy CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3245 (Public Hearing) Item No.5 UP3245 Request to permit the construction of a second dwelling (Granny Unit) on property located in the R -1 -B District in accordance with the provisions of Section 65852.1 of Approved the California Government Code that permits a second dwelling if said residence is intended for one or two persons who are 60 years of age or over. The proposal also includes a modification to the Zoning Code so as to allow a portion of the structure, consisting of a new single family dwelling and the related second dwelling unit, to encroach 1 foot, and a portion of a chimney, to encroach 3 feet into a required 6 foot side yard setback area. LOCATION: Lot 142,.Tract No. 1237, located at 469 De Sola Terrace, on the north- westerly corner of De Sola Terrace and Seaward Road, in Corona Highlands. ZONE: R -1 -B APPLICANT: Pacific Building Concepts, Costa.Mesa OWNER: David Harshbarger, Corona del Mar James Hewicker, Planning Director, commented that the City of Newport Beach and State of California have regulations pertaining to Granny Units. He further commented that four Granny Unit applications have previously come before the Planning Commission, and three of the applications were approved and one was denied. He stated that none of the three Granny Units have been constructed; therefore, he said that he could not report any enforcement problems. The public hearing was opened in connection with this item, and Mr. Craig Hampton, applicant, appeared before the Planning Commission and stated that he concurs with the findings and conditions in Exhibit "A ". Mr. David Harshbarger, owner, appeared before the Planning Commission, and stated that he concurs with the findings and conditions in Exhibit "A ". Mr. Harshbarger contended that the Granny Unit will be constructed to accommodate his mother -in -law. In response to a question posed by Commissioner Person, Mr. Harshbarger replied that he would have no objections to the recordation of the conditions of approval. -15- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH INDEX In reference to Condition No. 3 stating "that the applicant shall record a Covenant,.. ", Commissioner Person asked that in lieu of the recordation of the Covenant, if in addition to the findings and conditions, that the section of the Government Code pertaining to those or any successor statute in the conditions of approval, be added? Carol Korade, Assistant: City Attorney, replied that reference to Government Code 65852.1 could be added as suggested by Commissioner Person. Commissioner Person contended that he has been a proponent of recording findings and conditions of use permits for Granny Units and that the subject application may be an appropriate time. The public hearing was closed at this time. In response to a question posed by Acting Chairman Koppelman, Commissioner Person replied that he has been • a proponent of recording findings and conditions in all use permits instead of the recordation of covenants. He explained that with various types of use permits it may be an easier vehicle to record the findings and conditions of a use permit rather than go through a separate document involving covenants. Acting Chairman Koppelman and Commissioner Winburn discussed the recordation of findings and conditions which would put any future property owner on notice if the subject property would be sold. Discussion followed regarding procedures involving the recordation of the conditions of approval. In conclusion, Commissioner Winburn recommended that the matter be presented on a future agenda as a discussion item. Notion I Motion was made to approve Use Permit No. 3245, subject to the findings and conditions in Exhibit "A ". Commissioner Person asked the maker of the motion if she would consent to amend Condition No. 3 stating "that the applicant shall record a Covenant,.." so as to include the language from Condition No. 2 stating "that the. second dwelling unit shall be for rental • I I I I I I I I purposes only..." for the purpose of recording one Covenant. Commissioner Winburn agreed to delete Condition No. 2 and to amend Condition No. 3 as All Ayes I I I I I I I I suggested. Motion voted on, MOTION CARRIED. -16- COMMISSIONERS MINUTES 0 January 8, 1987 O i F y �GI ° CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the proposed project is consistent with the requirements of the Housing Element of the General Plan and is compatible with surrounding land uses. 2. The project lot size conforms to the Zoning Code area requirements. 3. That the project will not have any significant environmental impact. 4. That the approval of the encroachments into the required side yard setback are minor in nature and will not, under the circumstances of this particu- lar case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or • the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That the approval of Use Permit No. 3245 will not, under the circumstances of this case, be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations, except as noted below. 2. Deleted. 3. That the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney,. binding the applicant and succes- sors in interest in perpetuity so as to limit the occupancy of the second dwelling unit for rental purposes only, to one or two adults 60 years of age or over, and committing the permittee and successors to comply with ordinances regarding Granny Units that may be adopted in the future. -17- COMMISSIONERS 0 0 . Z�y: �y Fy�G9 G,0 G ` N 9iC 'dam my CITY OF NEWPORT BEACH MINUTES January 8, 1987 ROL CALL INDEX 4. That the chimney shall be redesigned so as not to exceed 9 feet in width. 5. That all drive approaches shall conform to City Standard 164 -L and that all work shall be complet- ed under an encroachment permit issued by the Public Works Department. 6. That the full parkway width adjacent to all public streets shall be graded with a two percent slope to the curb. 7. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090, A of the Newport Beach Municipal Code. x x r Use Permit No. 3246 (Public Hearing) Item No.6 • Request to permit the construction of a nine unit UP3246 residential condominium development and related garages on property located in the R -4 District. The proposal Approved also includes modifications to the Zoning Code so as to allow a 6 foot 7 inch building encroachment into the required 11 foot 7 inch northerly side yard setback area and a 6 foot high wall that encroaches 5 feet into the required 5 foot front yard setback along East Bay Avenue. This application involves the previously approved use permit known as "Plummer Court" which has expired. LOCATION: Lot 1, Tract No. 12208, located at 303 Cypress Street, on the northwesterly corner of Cypress Street and East Bay Avenue, on the Balboa Peninsula. ZONE: R -4 APPLICANT: John Sindoni, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, presented background information of Use Permit No. 3101 which was approved by the Planning Commission on July 19, 1984, and the City Council on August 27, 1984, which provided for the construction of nine condominium units on the subject -18- COMMISSIONERS • 0 MINUTES January 8, 1987 CITY OF NEWPORT BEACH property. Mr. Hewicker stated that limitation of woodburning fireplaces had been omitted from the Planning Commission's motion and that the City Council declined to add the requirement as noticed by the Planning Commission. He said that the aforementioned Use Permit has expired although Coastal Residential Development Permit No. 6 is still in effect and the Final Tract Map has been recorded. He referred to a letter that had been received from the Newport Bay Tower Homeowners Association, signed by Althea Line, President, dated January 8, 1987, including a letter from the applicant agreeing to.limit the fireplaces in the units to burn only gas as opposed to firewood. Mr. Hewicker advised that the applicant of Use Permit No. 3101 presented a letter to the Planning Commission indicating that the applicant intended to install woodburning fireplaces with glass doors and gas logs to discourage the burning of wood and other combustibles because of the prevailing winds which could be a problem to the adjacent homeowners. Mr. Hewicker commented that he had discussed the subject application with the Building Department and he was advised that the Building Code has been amended to require glass doors since Use Permit No. 3101 was approved. Mr.. Hewicker - indicated that the Newport Bay Tower Homeowners Association have requested that the project include fireplaces with decorative ceramic logs that would only burn gas. He stated that the Planning Department does not feel that there is adequate justification on the part of the City to impose that condition on the project. Mr. Hewicker further stated that if the Planning Commission would restrict the fireplaces to only burn gas, and if it would be the desire of the applicant to record CC &R's to that effect, it would be staff's recommendation that the Planning Commission make the Newport Bay Tower Homeowners Association the beneficiary of the CC &R's, and let the Newport Bay Tower Homeowners Association enforce the CC &R's against the project as opposed to the City enforcing same. Mr. Hewicker suggested that if the Planning Commission wanted to permit the woodburning fireplaces, and because the subject project is proposing a 5 foot side -19- INDEX COMMISSIONERS MINUTES oq� January 8, 1987 AG\ 7N 9y'9C .o yt^ CITY OF NEWPORT BEACH 9 y t^,n ROLL CALL INDEX yard setback from the common property line as opposed to a required 11 1/2 foot setback, that a condition could be imposed that would require a 9 foot side yard setback. In response to a question posed by Acting Chairman Koppelman, Mr. Hewicker replied that the Fire Department has indicated there would be no problems concerning the proposed project if built according to the Building and Fire Codes. Mr. Hewicker stated that the chimneys of the proposed project are lower than the upper floors of the Newport Bay Tower and that smoke could annoy the adjacent residents; however, he said that smoke annoyance could be found anywhere when a structure is one or two stories lower than an adjoining structure. The public hearing was opened in connection with this item, and Mr. John Sindoni, applicant, appeared before the Planning Commission, and stated that he concurs with the findings and conditions in Exhibit "A ". • In response to questions posed by Acting Chairman Koppelman and Commissioner Person, Mr. Sindoni replied that he has agreed to provide decorative ceramic logs which will burn only natural gas, and that he has no objection to a condition that would state that prior to the occupancy of the units that the recorded CC &R's make the beneficiary the Newport Bay Tower Homeowners Association. In response to a question posed by Commissioner Winburn, Mr. Sindoni agreed to the previously approved Coastal Residential Development Permit No. 6 requiring the developer to provide one dwelling unit affordable to a moderate income household as defined by the County of Orange. Ms. Althea Line, 310 Fernando Street, Balboa, President of Newport Bay Tower Homeowners Association, appeared before the Planning Commission. Ms. Line requested an explanation of the legal procedure regarding how the Newport Bay. Tower Homeowners Association may be assigned "beneficiary" to the subject condominiums' CC &R's as previously suggested by staff and the Planning Commission. Commissioner Person replied that • the City is not in a position to enforce CC &R's; that prior to the applicant obtaining an occupancy_ permit -20- COMMISSIONERS MINUTES January 8, 1987 A �99y CITY OF NEWPORT BEACH ROLL CALL INDEX for the proposed project the CC &R'S must be recorded against the property; that the applicant would make the Newport Bay Tower Homeowners Association the beneficiary of the CC &R's, which would give the Newport Bay Tower Homeowners Association the benefit of the gas burning fireplaces and if there would be a violation of the gas burning fireplaces then it would be up to the Newport Bay Tower Homeowners Association to enforce the violation. The Planning Commission and staff pointed out the following facts relating to the Newport Bay Tower Homeowners Association as beneficiary of the gas burning fireplaces to the subject condominiums' CC &R's: that CC &R's are generally in favor of another group other than the City; if the Newport Bay Tower Homeowners Association observes a violation then the Association can enforce the restriction instead of coming to the City to request the City to enforce the restriction; that the applicant will prepare the CC &R's which will be submitted to the Newport Bay Tower Homeowners Association for their attorney to review; that CC &R's are recorded between two adjoining parties on a regular basis so as to maintain some restriction of a neighboring development; that the restriction covering the gas burning fireplaces may not be changed by the future nine condominium homeowners unless there is an agreement between the Newport Bay Tower Homeowners Association and the nine condominium homeowners; that the City Attorney's position will be to see that the conditions of approval are followed through, and that the CC &R's are recorded. Mrs. Deanna Schnabel, 306 Fernando Street, Balboa, appeared before the Planning Commission requesting that the applicant partially fund the paving of an adjoining alley because the subject condominium homeowners will be utilizing the alley, and that a barrier be constructed in the alley so that automobiles will not be bumping into her garage. Mr. Webb replied that the applicant is funding half of the construction of an alley which is more than what is normally required and that it would not be appropriate for the City to request the applicant to construct an adjoining alley. Mr. Hewicker stated that the City does not permit devises to be placed in alleys in order to protect • dwellings from automobiles and that the devises would have to be placed on private property. -21- COMMISSIONERS MINUTES January 8, 1987 A - dG9\�oy�Cf O iyb �99y CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was closed at this time. Motion was made to approve Use Permit No. 3246 subject Motion x to the findings and conditions of approval in Exhibit "A ", including added Conditions No. 8 "that the applicant be required, prior to final inspection of the property, to execute and to record CC &R's restricting the burning of natural wood or flammables other than gas burning fireplaces based upon the agreement by the applicant. That the .Newport Bay Tower Homeowners Association be beneficiary of the recordation of the CC &R''s which shall run in. perpetuity and that the proposed CC &R's shall be submitted to the City Attorney for approval. "; and No. 9 "that the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years." Commissioner Person stated that the motion does not reflect what he considers to be approval of the zoning on the subject property. He further stated his concern regarding the R -3 and R -4 zoned lots that are present in Balboa. All Ayes Motion voted on to approve Use Permit No. 3246 subject to the findings and conditions in Exhibit "A' including the addition of aforementioned Conditions No. 8 and 9. MOTION CARRIED. FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate individual utility connections. 2. The project, as conditioned, will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval, except for a side yard encroachment. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. That the proposed development is consistent with the General Plan and Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. -22- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. That the provision of curb openings on Cypress Street has been approved by the City Council and is consistent with the intent of City Council Policy L -2 inasmuch as no existing on- street parking will be eliminated. 7. That the Police Department does not foresee any problems with the proposed development. 8. The establishment, maintenance of operation of'the use or building applied for will not, under the circumstances of the particular case,- be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 9. The proposed side yard setback encroachment is comparable to existing setbacks of other properties in the area and adequate open space will be provided elsewhere on the site. Therefore, approval of the requested encroachment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall ' be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That the proposed wall shown in the required 5. foot setback adjacent to East Bay Avenue shall not exceed 3 feet in height. -23- COMMISSIONERS MINUTES January 8, 1987 Wa \� CITY OF NEWPORT BEACH ROLL CALL I I I I I I I I I INDEX 3. That all landscaping and walls shall comply with City Standard 110 -L. 4. That no landscaping shall be permitted at grade in the required 5 foot rear yard setback adjacent to the alley and that the portion of the building that is permitted to encroach 1 foot 6 inches into the rear yard setback shall maintain a minimum clearance of 8 feet above grade. 5. That all applicable Conditions of the Tentative and Final Map of Tract No. 12208 be fulfilled. 6. That roll -up type garage doors shall be required adjacent to the alley. 7. That this use permit shall expire if not exercised within 24 months in accordance with Section 20.80.090, A of the Municipal Code. 8. That the applicant be required, prior to final inspection of the property, to execute and to record CC &R's restricting the burning of natural wood or €lammables other than gas burning fireplaces based upon the agreement by the applicant. That the Newport Say Tower Homeowners Association be beneficiary of the recordation of the CC &Rs which shall run in perpetuity and that the proposed CC &Rs shall be submitted to the City Attorney for approval. 9. That the applicant shall enter into an agreement with the City guaranteeing the provision of one unit affordable to a County moderate income family for a period of no less than 10 years. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:15 p.m. e ► -24- COMMISSIONERS MINUTES SpA January 8, 1987 A �� CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3248 (Public Hearing) Item No.7 Request to establish a take -out restaurant facility on UP3248 property located in the "Recreational Marine Commer- cial" area of the Mariner's Mile Specific Plan. The Denied proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast High- way, between Riverside Avenue and Tustin . .Avenue, in the Mariner's Mile Specific ' Plan Area. ZONE: SP -5 APPLICANT: Alex Lovera, Corona del Mar OWNER: Jim Parker, Newport Beach • The public hearing was opened in connection with this item, and Mr. James Parker, 5000 Campus Drive, appeared before the Planning Commission on behalf of the applicant. Mr. Parker addressed staff's reference to the applicant's deficiency of 15 parking spaces as follows: that this would be the third Mucho Munchies take -out restaurant that has no sit -down eating area; that only 80 square feet would be utilized for customer space; that the majority of the restaurant's customers would be walk -in customers; that each customer remains in the take -out restaurant for an estimated five minutes; that supplies will be delivered to the Corona 'del Mar Mucho Munchies Restaurant and no trucks will be on- site ;. that the applicant has received 600 signatures to endorse the idea of the subject take -out restaurant; that the entire 942 square feet will not be utilized by the applicant; that only two employees are required to operate the take -out restaurant' instead of three employees as .previously stated so as to reduce the required number of employee parking spaces; that the employees will obtain permits to park in the Municipal parking lot if the Planning Commission feels that on -site parking is a problem; that the applicant will add six parking spaces to the parking lot; that the take -out restaurant's delivery service will be by moped; and that all but three parking spaces be waived. -25- COMMISSIONERS MINUTES . 0��G�00 January 8, 1987 m 99, .0 G �' ��f �n F`y Vy � \r 10 0k06 CITY OF NEWPORT BEACH 9sF,� ROLL CALL INDEX Mr. Parker requested that Condition No. 3 requiring 7 on -site parking spaces be amended to 3 parking spaces; that Condition No. 10 requiring employees to park on -site be amended to permit employees to park in the Municipal parking lot; Condition No. 11 requiring a washout area be deleted because the washing out would be at the Corona del Mar location; and that the applicant concurs with Condition No. 14 that the existing drive approach be reconstructed; however, that the applicant be allowed to implement the use permit once the application is initiated for the encroachment permit to begin widening of the driveway, and that the applicant will complete the widening of the driveway within 60 days of that time. In response to questions posed by Commissioner Kurlander regarding deliveries, the delivery truck, and parking for the delivery truck, Mr. Parker replied that the take -out restaurant's employees will be delivering supplies from the Corona del Mar take -out restaurant to the subject site in their automobiles on a daily basis; that one problem regarding the delivery truck parking on Goldenrod Avenue in Corona del Mar is because the take -out restaurant is abutting a residential area; and that there is an area behind the subject take -out restaurant that the delivery truck may use for turn - around and delivery stops. In response to questions posed by Commissioner Winburn regarding her observation of the lack of parking in the on -site parking lot, Mr. Parker replied that the intent is to restripe the parking lot to provide six additional parking spaces and that because of the restaurant and retail activity in the area the parking has been difficult to control. He pointed out that the two Mucho Munchies take -out restaurants do not have parking requirements, that the subject restaurant anticipates a heavy walk -in business, and that many deliveries will be made from the restaurant to customers on adjoining properties. In response to questions posed by Commissioner Merrill, Mr. Parker replied that the site of the Mucho Munchies take -out restaurant in Laguna Beach is located downtown. In reference to Condition No. 11 regarding the required washout area, Mr. Hewicker contended that the applicant could use the available square footage for the washout -26- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX area that the applicant has stated that he will not need to operate his restaurant. Mr. Parker replied that the installation of a washout area would be an additional expense for an item that would not be utilized. The public hearing was closed at this time. Mr. Hewicker stated that staff would be opposed to allow employee parking in the Municipal parking lot and that the applicant should be held responsible to have the required parking spaces available on his property. In response to a question posed by Commissioner Person regarding the utilization of the Municipal parking lot, Mr. Hewicker explained that if West Coast Highway would be widened then all of the parking from the street would be removed and would be required by the Coastal Commission to be relocated elsewhere. n Motion was made to approve Use Permit No. 3248 subject to the findings and conditions in Exhibit "B ", to amend Condition No. 3 to state "that three on -site parking spaces shall be designated for the employees of the take -out restaurant ", and to add Condition No. 17 stating "that a maximum of two employees plus a delivery person shall be permitted on duty during peak hours." Commissioner Person reasoned that the subject take -out restaurant would not be a destination point, that the applicant would be providing additional parking, and that there would be only 80 square feet of "net public area ". Commissioner Eichenhofer stated that she would not support the motion. She reasoned that a more suitable site could be found within Newport Beach. Substitute Substitute motion was made to deny Use Permit No. 3248 subject to the findings in Exhibit "A ". Commissioner Motion x Winburn reasoned that there is inadequate parking in the parking lot which is being used by adjoining businesses, and she commented that there could be problems for future tenants if the parking problem is not solved. Acting Chairman Koppelman stated that she would support the substitute motion because of the aforementioned reasons, and she also questioned how deliveries could -27- COMMISSIONERS Ayes No 0 XIxIxIx MINUTES January 8, 1987 CITY OF NEWPORT BEACH be made from the Corona del Mar take -out restaurant if there would not be sufficient parking spaces for the employees on -site. Substitute motion was voted on to deny Use Permit No. 3248 subject to the findings in Exhibit "A ". SUBSTITUTE MOTION CARRIED. FINDINGS: 1. That adequate off - street parking is not available for the proposed take -out restaurant use to satisfy the requirements of Section 20.30.033 of the Newport Beach Municipal Code. 2. The establishment, maintenance or operation of the use or the building applied for will, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and will be detrimental and injurious to property and improve- ments in the neighborhood and the general welfare of the City. EMC INDEX COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3249 (Public Hearing) Item No.8 Request to permit the construction of a single family UP3249 dwelling on property located in the R -1 District which exceeds the basic height limit in the 24/28 Foot Height Continued Limitation District; and the acceptance of an environ- to mental document. 1 -22_87 LOCATION: Lots 6 and 13, Block C -33, Corona del Mar, located at 2717 Shell Street, on the southwesterly side of Shell Street between Fernleaf Avenue and Way Lane in China Cove. ZONE: R -1 APPLICANTS: Donna and Ernest Schroeder, Corona del Mar OWNERS: Same as applicants Syes Motion was made to continue this item to the January 22, 1987, Planning Commission meeting as requested by staff. Motion voted on, MOTION CARRIED. A. Traffic Study (Public Hearing) Item No.9 Request to approve a traffic study so as to permit the TS expansion and conversion of an existing one -story — office and industrial building to a two -story self- UP3251 storage facility with related storage and office areas on property located in the M -1 -A District. V1138 LOCATION: Lot 7, Tract No. 3201, located at 3760 Approved Campus Drive, on the southeasterly side of Campus Drive between Quail Street and Bristol Street North across from the John Wayne Airport. AND B. Use Permit No. 3251 (Public Hearing) Request to permit the outdoor storage of recreational • vehicles on property located in the M -1 -A District. AND -29- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES January 8, 1987 MROLLCALLIJ I Jill I I INDEX C. Variance No. 1138 (Public Hearing) Request, to reduce the number of required off - street parking spaces in conjunction with a self - storage operation on property located in the M -1 -A District. LOCATION: Lots 7 and 8, Tract No. 3201, located at 3760 and 3800 Campus Drive, on the southeasterly side of Campus Drive, between Quail Street and Bristol Street North, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Meadow Realty, Newport Beach OWNERS: George S. Fruehling and Robert P. Forbes, Newport Beach • William Laycock, Current Planning Administrator, stated that staff is requesting screening of the proposed storage of the recreational vehicles on -site, and that staff is recommending Condition No. 13, Use Permit No. 3251 be added as follows: "that the parking layout shall be redesigned so that all of the outdoor storage of recreational vehicles shall be screened from Campus Drive. Said screening may consist of wooden or metal slats on eight foot high security fences and gates." Mr. Laycock stated that the proposed security fences and gates may have to be moved closer to Campus Drive to allow space for the recreational vehicles to be moved to the rear of the said screening. James Hewicker, Planning Director, stated that staff had a concern that a screened storage area may be more appropriate for the development standards in the M -1 -A District. He suggested that maybe the applicant could submit an opaque screen design that would be more suitable than wood or metal slats in a chain link fence. Acting Chairman Koppelman recommended that a condition be added requesting that the applicant submit a suitable design. Commissioner Merrill indicated that the wooden slats • deteriorate if the slats would be bumped, and that he would recommend punched metal._ -30- COMMISSIONERS MINUTES • o��j�¢G} �% January 8, 1987 � �yC9yC�S CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Mark Jones, 41 Hartford Drive, applicant, appeared before the Planning Commission. Mr. Jones stated that the applicants concur with the findings and conditions in Exhibit "A" with the exception of the following: Condition No. 15 of Use Permit No. 3251 stating "that this use permit shall expire unless exercised :within 24 months" should be amended because the applicants need an additional 12 months in addition to the 24 months to meet the requirements of the Traffic Study, to allow a tenant to move, and to obtain a building permit. Mr. Jones agreed to Commissioner Person's recommendation that the use permit and Traffic Study shall expire unless exercised on or before January 1, 1990. In reference to Condition No. 11 of Use Permit No. 3251 stating "that the applicant /owner agrees not to contest the installation of a raised median on Campus Drive at any future date.. ", Mr. Jones rebutted that the condition implies that the applicant is agreeing to any • development that may be done in the future in front of the subject site. Commissioner Person questioned the condition as giving up individual rights. Carol Korade, Assistant City Attorney, concurred that the Courts generally do not favor conditions that require that somebody give up their rights. Don Webb, City Engineer, explained that because of the airport expansion, Campus Drive will be widened, and to maximize the capacity of the roadway a raised median will be constructed. Mr. Webb further explained that staff wants new development on Campus Drive in the future to be aware that there may not be many more openings on Campus Drive than at the intersections. Acting Chairman Koppelman suggested a condition stating that the applicant /owner is on notice and that a raised median may be installed on Campus Drive. Mr. Hewicker recommended a, finding instead of a condition. The public hearing was closed at this time. Motion Motion was made for approval of the Traffic Study, Use x Permit No. 3251, and Variance No. 1138 subject to the findings and conditions in Exhibit "A" including the following: add Condition No. 1 to the Traffic Study stating "that the Traffic Study shall expire on January • 1, 1990 "; that Condition No. 13 be added to Use Permit .No. 3251 stating "that the parking layout shall be redesigned so that all of the outdoor storage of -31- COMMISSIONERS MINUTES MIN \g0AAMINfo3F,� January 8, 1987 ROLL CALL I I I I I I I I I INDEX' recreational vehicles shall be screened from Campus Drive. That the screening may consist of opaque material on 8 foot high security fences and gates, and shall be approved by the Planning Department "; to add Finding No. 5 to Use Permit No. 3251, "that the applicant /owner is on notice of the installation of a raised median on Campus Drive at a future date if it is determined to be necessary for public safety "; that Condition No. 11, Use Permit No. 3251 be deleted; that Condition No. 15, Use Permit No. 3251 and Condition No. 4, Variance No. 1138 be amended to state that the use permit and the variance will expire unless exercised on or before January 1, 1990. Commissioner Person requested that Condition No. 11 be deleted because of his belief that the City should not be imposing conditions that are probably not enforceable for constitutional reasons. I I I I I I I Motion was voted on to approve Traffic Study including added Condition No. 1, Use Permit No. 3251 including • the addition of Finding No. 5, deletion of Condition No. 11, add Condition No. 13 and amend Condition No. 15, Variance No. 1138 including amended Condition No. All Ayes 4, MOTION CARRIED. A. Traffic Study FTNDTNrgi 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary - modified,' or 'primary' street. 3. That the project reduces traffic on both a peak hour and daily basis. CONDITION: 11111111 1 That the Traffic Study shall expire on January 1, 0 -32- COMMISSIONERS MINUTES January 8, 1987 CITY OF NEWPORT BEACH INDEX B. Use Permit No. 3251 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. That the project will not have any significant environmental impact. 3. That adequate off- street parking spaces are being provided in conjunction with the proposed develop- ment. 4. That the approval of Use Permit No. 3251 will not, under the circumstances of this case, be detri- mental 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. 5. That the applicant /owner is on notice of the installation of a raised median on Campus Drive at a future date if it is determined to be necessary for public safety. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevations. 2. That all mechanical equipment, trash areas, and outdoor storage shall be screened from adjoining properties and from Campus Drive. 3. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 4. That the applicant shall provide for weekly vacuum sweeping of all paved areas and drives. 5. That the following number of parking spaces shall • be provided for each of the remaining uses on the subject property as long as said uses remain on the property: 10 parking spaces for the automobile detailing business at 3760 Campus Drive; 10 -33- COMMISSIONERS MINUTES ;�9G�oA y January 8, 1987 9 y �9 CITY OF NEWPORT BEACH ROLL CALL INDEX parking spaces for the automobile repair facility at 3800 Campus Drive; and 26 parking spaces for the warehouse and manufacturing operation current- ly known as Liston Industries. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That a standard use permit, agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improve- ments, if it is desired to obtain a building permit prior to completion of public improvements. 8. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to .further review by the Traffic Engineer. 9. That displaced portions of sidewalk be reconstruc- ted and the existing drive aprons along Campus Drive frontage be reconstructed per City Standard 166 -L and with a minimum driveway width of 24 feet unless otherwise approved by the Public Works Department. All work shall be. completed under an encroachment permit issued by the Public Works Department. 10. That sight distance of driveways shall conform to Standard 110 -L including all landscaping and signing. 11. Deleted. 12. That all applicable conditions of approval of Use Permit No. 2056 as approved by the Planning Commission on January 7, 1982, for Use Permit No. 2056 (Amended) as approved by the Planning Commis- sion on October 23, 1986 and Use Permit No. 3073 as approved by the Planning Commission on December 8, 1983 shall remain in effect as long as the uses that were permitted by said use permits are in operation. 13. That the parking layout shall be redesigned so that all of the outdoor storage of recreational • vehicles shall be screened from Campus Drive. Said screening may consist of opaque material eight foot high security fences and gates, and shall be approved by the Planning Department. -34- COMMISSIONERS MINUTES 160o y January 8, 1987 A 9y CITY OF NEWPORT BEACH 9 y c�,D ROLL CALL INDEX 14. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 15. That this use permit shall expire unless exercised on or before January 1, 1990. C. Variance No. 1138 FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application, which circum- stances and conditions do not generally apply to land, building and /or uses in the same district inasmuch as the proposed self- storage facilities are unique uses which will generate less demand for parking than a typical warehouse use. 2. That the granting of a variance to reduce the parking requirement is necessary for the preserva- tion and enjoyment of substantial property rights of the applicant. 3. That the establishment, maintenance, and operation of the use, property, and building with the proposed number of parking spaces will not be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood or such proposed use or detrimental or injurious to property and improve- ments in the neighborhood or the general welfare of the City. 4. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. CONDITIONS: • 1. That. the development shall be in substantial conformance with the approved plot plan and elevations, except as noted below. -35- COMMISSIONERS CALL 0 • MINUTES January 8, 1987 CITY OF NEWPORT BEACH 2. That a minimum of eight (8) parking spaces shall be provided for the two self- storage facilities and that such parking spaces shall be clearly marked. 3. That all conditions of approval of Use Permit No. 3251 shall be met. 4. That this variance shall expire unless exercised on or before January 1, 1990. Amendment No. 644 (Public Hearing) Request to amend the Planned Community Development Standards of the Bayview Planned Community so as to establish provisions which allow the construction of improvements such as trellis and beam construction, patio covers, and pools and.spas within reciprocal side yard easement areas. LOCATION: Lots 1 -53, Tract No. 12529; Lots 1 -43, Tract No. 12530; and Lots 1 -50, Tract No. 12212, located at #1 Cormorant Court, comprising all of Residential Area No. 2 of the Bayview Planned Community on the westerly side of Bayview Place, between Crystal Drive and Bayview Way, in the Bayview Planned Community. ZONE: P -C APPLICANT: J. M. Peters Company, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Bob Trapp appeared before the Planning Commission on behalf of the applicant and stated his agreement with the amended language for Section No. 5, Trellis; and proposed Section 8, Pools, Spas, Air Conditioning and Related Equipment of the Development Standards for single family residential development in Areas 1 and 2 of the Bayview Planned Community. The public hearing was closed at this time. -36- INDEX Item No.10 A644 Approved COMMISSIONERS MINUTES January 8, 1987 ROLL CALL I I I I I I I I I INDEX Motion Ix Motion was made to approve Suggested Language for All Ayes Amendment No. 644 (Resolution No. 1154), Sections No. 5 and No. 8 of the Development Standards of Areas 1 and 2 is 0 of the Bayview Planned Community in Exhibit "A ". Motion voted on, MOTION CARRIED. 5. Trellis Open trellis and beam construction, and patio covers where reciprocal side yard easements exist, shall be permitted within six feet of a residential structure on adjacent property. Trellis and beam construction, and patio covers shall be permitted to extend to within three feet of the residential dwelling on the adjacent property if the structure is open on three sides and the total area is 400 square feet or less. Where a corner dwelling exists adjacent to a private street or drive, open trellis and beam construction, and patio covers shall be permitted to extend to within three feet of a property line except in such cases where an intervening wall exists, such structure may not extend beyond said wall. 8. Pools, Spas, Air Conditioning and Related Equipment Where reciprocal easements exist, pools and spas may be located in the reciprocal easement; howev- er, no pool, spa or air conditioning equipment shall be permitted in the reciprocal easement. All pool, spa and air conditioning equipment shall be sound attentuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. A. Amendment No. 645 (Public Hearing) Request to amend a portion of Districting Map No. 61 so as to reclassify property from the A -P -H District to the C -1 -H District; and the acceptance of an environ- mental document. LOCATION: A portion of Lot 79, Tract No. 706, located at 3500 Irvine Avenue, on the southeasterly side of Irvine Avenue, -37- i". COMMISSIONERS MINUTES January 8, 1987 ROLL CALL I I I I I I I 1 I INDEX • 0 between Orchard Drive and Bristol Street, across from the Newport Beach Golf Course. 0 B. Use Permit No. 1877 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of an automobile leasing and rental facility on property located in the C -1 -H District. The proposed amendment will expand the operations onto adjoining property which is proposed to be rezoned from the A -P -H District to the C -1 -H Dis- trict. LOCATION: Portions of Lots 78 and 79, Tract No. 706, located at 3500 and 3510 Irvine Avenue, on the southeasterly side of Irvine Avenue, between Orchard Drive and Bristol Street, across from the Newport Beach Golf Course. ZONES: A -P -H and C -1 -H APPLICANT: Alamo Rent A Car, Inc., Fort Lauderdale, Florida OWNERS: David and Rhoda Magilavy, Newport Beach James Hewicker, Planning Director, referred to Condition No. 9, Use Permit No. 1877 (Amended), and stated that staff is recommending that "wooden or metal slats" be removed as material for the screening; however, he said that staff is recommending screening and that the material be to the satisfaction of the Planning Department. The public hearing was opened in connection with this item, and Mr. David Magilavy, owner, appeared before the Planning Commission. Mr. Magilavy stated that he concurs with the findings and conditions in Exhibit "A ", including staff's recommendation to amend Condition No. 9; however, he requested a clarification of Condition No. 18 regarding an erosion, siltation and dust control plan. -38- 45 COMMISSIONERS MINUTES \s\ ��.`�\�o`�`\ January 8, 1987 ROLL CALL I i I I I I I I I INDEX In response to Mr. Magilavy, Don Webb, City Engineer, replied that if the parking lot would be torn up, the installation of sand bags would be necessary in the event of muddy water should it rain during the construction. The public hearing was closed at this time. Motion x Motion was made to approve Amendment No. 645 and Use All Ayes Permit No. 1877 (Amended) subject to the findings and conditions in Exhibit "A ", including amended Condition No. 9, Use Permit No. 1877 (Amended). Motion voted on, MOTION CARRIED. Amendment No. 645 FINDINGS: 1. That the requested zoning amendment is consistent • with the Land Use Element of the General Plan. 2. That the requested zoning amendment is a logical extension of the existing C -1 -H District located northeasterly of the subject property. 3. That the land uses applicable to the subject property under the new C -1 -H zoning are consistent with surrounding land uses. Use Permit No. 1877 (Amended) FINDINGS: 1. That the proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. That the proposed project will not have any significant environmental impact. 3. That the design of the proposed improvements will not conflict with any easements acquired by the • public at large for access through or use of property within the proposed development. -39- COMMISSIONERS MINUTES January 8, 1987 ROLL CALL I I I I I I I I I INDEX 4. That the approval of Use Permit No. 1877 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and floor plans except as noted below. 2. That all previous conditions of approval of Use Permit No. 1877 shall be null and void. 3. That landscape planters shall be provided in front of the 'existing structures adjacent to Irvine • Avenue. A landscape plan for said planter areas shall be submitted to and approved by the Director of Parks, Beaches and Recreation. The landscaping shall be implemented in accordance with the approved plan and the landscaping shall be perma- nently maintained. 4. That all mechanical equipment and trash areas shall be screened from adjoining properties and from Irvine Avenue. 5. That the illumination of the buildings or any open automobile display or storage areas shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and from Irvine Avenue. 6. That the on -site parking and vehicular circulation shall be subject to further review and approval by the City Traffic Engineer. 7. That the parking lot area shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. Said striping shall be in accordance with the final parking plan • approved by the City Traffic Engineer. 8. That the automobile storage and employee /customer parking lot shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature. -40- COMMISSIONERS MINUTES January 8, 1987 M ROLL CALL I I I I I I I I I I INDEX • u 9. That the proposed storage and employee /customer parking shall be screened from Irvine Avenue and adjoining properties. Said screening shall be approved by the Planning Department. 10. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 11. A That a minimum of eleven (11) parking spaces for customers and employees shall be provided on -site. The remainder of the on -site parking ares may be used for the storage of rental or leased automo- biles; however, at no time shall the number of stored automobiles exceed 79 vehicles. 12. That all employees shall park their vehicles on -site. 13. That all improvements be constructed as required by ordinance and the Public Works Department. 14. That no washing of vehicles shall be permitted on the subject property unless an amendment to this use permit is approved. 15. That no major automobile repairs on rental or leased automobiles shall be permitted in conjunc- tion with the subject operation. 16. That development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 17. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 18. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 19. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. -41- COMMISSIONERS tL� \�o G9'Jogt�\Zpfson, y !f 3 MINUTES January 8, 1987 ROLL CALL INDEX' 20. That grading shall be conducted in accordance with plans prepared by a Civil Engineer. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 21. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 22. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. ADD I T IONAL B US I N E S S: Additional Business Assistant City Attorney Korade reviewed the revisions of the Brown Act, effective January 1, 1987, which will be set forth in a new amendment to the Council Policy. Brown Act The two areas that affect the Planning Commission are as follows: 1. Under the Brown Act, "Additional Business" can only pertain to procedural matters: i.e. setting a public hearing for an item or a revocation have to be by public notice. 2. The Planning Commission must have a "Public Comments" section during each Planning Commission meeting. The placement and the amount of time that the public may address the Commission are subject to the discretion of the Planning Commission. The Planning Commission directed staff to place the Commission's Rules of Procedures on the January 22, 1987, Planning Commission agenda so as to make possible changes to reflect the revisions of the Brown Act. * * e -42- COMMISSIONERS ahk9y MINUTES January 8, 1987 ROLL CALL INDEX' The Commission requested copies of a Memorandum from Memo the City Attorney, dated January 5, 1987, that was Re: submitted to the Planning Department regarding the appeal of Use Permit No. 3240, Sid Soffer, applicant. x x t The Commission directed staff to add "Election of Election Officers" as an agenda item for the January 22, 1987, of Planning Commission meeting. Officers x x x A D J O U R N M E N T: 10:15 p.m, Adjournment x x x PAT EICHENHOFER, SECRETARY, • CITY OF NEWPORT BEACH PLANNING COMMISSION • -43-