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HomeMy WebLinkAbout01/10/1985IV\ /V\I33IIIIVCK31 REGULAR PLANNING COMMISSION MEETING Present x Absent x Motion Ayes x Absent x Motion Ayes x Absent I x IX x x Ixl x1XI Commission Chairman Winburn was absent. F.i. l EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney • • x STAFF MEMBERS PRESENT: W. William Ward, Senior Planner Robert Lenard, Advance Planning Administrator Sheri Vander Dussen, Associate Planner Sandra L. Genis, Associate Planner Donald Webb, City Engineer Dee Edwards, Secretary Minutes of December 6, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of December 6, 1984, which MOTION CARRIED. Request for Continuance Staff recommended that Agenda Item No. 8 (Use Permit No. 3125) be continued to the Planning Commission meeting of February 7, 1985. Motion was made to continue Item No. 8 to February 7, 1985, which MOTION CARRIED. Plan Amendment No. 81 -2(f Request to amend the Recreation and Open Space Element of the Newport Beach General Plan, and related amend- ments to the Land Use Element and Circulation Element of the General Plan, and the acceptance of an environ- mental document. MINUTES INDEX Minutes 12/6/84 Request for Continuanc Item #1 GPA 81 -2(f Amend. #6 Approved Condi- tionally o ' PLACE: City Council Chambers C S x T m TIME: 7:30 p.m. y z c 9 m m z DATE: January 10, 1985 W S A S = Z r P ; = T 2 m City of Newport Beach Present x Absent x Motion Ayes x Absent x Motion Ayes x Absent I x IX x x Ixl x1XI Commission Chairman Winburn was absent. F.i. l EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney • • x STAFF MEMBERS PRESENT: W. William Ward, Senior Planner Robert Lenard, Advance Planning Administrator Sheri Vander Dussen, Associate Planner Sandra L. Genis, Associate Planner Donald Webb, City Engineer Dee Edwards, Secretary Minutes of December 6, 1984 Motion was made for approval of the minutes of the Planning Commission meeting of December 6, 1984, which MOTION CARRIED. Request for Continuance Staff recommended that Agenda Item No. 8 (Use Permit No. 3125) be continued to the Planning Commission meeting of February 7, 1985. Motion was made to continue Item No. 8 to February 7, 1985, which MOTION CARRIED. Plan Amendment No. 81 -2(f Request to amend the Recreation and Open Space Element of the Newport Beach General Plan, and related amend- ments to the Land Use Element and Circulation Element of the General Plan, and the acceptance of an environ- mental document. MINUTES INDEX Minutes 12/6/84 Request for Continuanc Item #1 GPA 81 -2(f Amend. #6 Approved Condi- tionally COMMISSIONERS X x 111 January 10, 1985 c o AND B. Amendment No. 6 to the Certified Local Coastal Program, Land Use Plan (Continued Public Hearing) i a v m. Request to amend the Certified Local Coastal Program, 9 r 9 Land Use Plan, as it relates to proposed changes to the z c m o m z Amendments of the General Plan, included in General c 2 N 0Z p; y 0 0 City of Newport Beach Y 9 a 'Tri m INITIATED BY: The City of Newport Beach MINUTES -2- Resolu- tion No. 1126 AND B. Amendment No. 6 to the Certified Local Coastal Program, Land Use Plan (Continued Public Hearing) Request to amend the Certified Local Coastal Program, Land Use Plan, as it relates to proposed changes to the Amendments of the General Plan, included in General Plan Amendment No. 81 -2(f). INITIATED BY: The City of Newport Beach Planning Director Hewicker commented that this item is a continued public hearing from the December 6, 1984, Planning Commission meeting, in response to a request from the Planning Commission that staff review various comments submitted by the Irvine Company at that time. An addendum to the original staff report has been added in response to West Newport Oil Company's Memorandum dated January 10, 1985, and further questions that have been raised recently. Mr. Robert Lenard, Advance Planning Administrator, requested that the recreation and open space policies previously adopted for the Irvine Coastal Area be added to the Draft Element. Mr. Lenard stated that the Parks, Beaches and Recreation Commission has submitted recommendations in the implementation of the Open Space and Recreation Element, as follows: that the City maintain a firm 5 acre per thousand population standard in the Park Dedication Ordinance; that in lieu fees be assessed on a case, by case basis; that the City increase the Building Excise Taxes; and that the City maintain a park site priority listing each year. Mr. Lenard advised that revisions have been made regarding North Star Beach in Exhibit "B" of the Draft Newport Beach General Plan, Recreation and Open Space Element Plan, dated October 4, 1984, as follows: Paragraph 11, delete: "The beach is proposed to be upgraded in quality ", and the last sentence of the paragraph should read: "No additional development will be allowed on this site ". The proposed Cal Trans East view park was not a requirement of the City for the Versaille development -2- Resolu- tion No. 1126 MINUTES x F January 10, 1985 C o according to Mr. Lenard. However, staff has recommended g C 9 that the City negotiate the park site with Hoag c 9 m r s m 1,..- r v Hospital, the owners of Cal Trans East. During a 9 = a = City of Newport Beach according to Mr. Lenard. However, staff has recommended that the City negotiate the park site with Hoag Hospital, the owners of Cal Trans East. During a discussion with Commissioner Goff, Mr. Lenard cited that there is currently a dedicated bike trail along the bluff and on the perimeter of the stated property near Villa Balboa. Mr. Hewicker explained that the developers of Versailles on the Bluff were required by the City at the time the permits were granted, to dedicate a 10 ft, wide easement for bicycles and pedestrians from Superior East to Hoag Hospital and to construct a roadway for fire equipment during the development's construction. Ms. Sandra Genis, referring to No. 14 of Exhibit "B ", cited that Staff has proposed a bikeway in the plan that runs along the southerly edge of the Versaille development and continues west to Bluff Road. Mr. Lenard responded to West Newport Oil Company's memorandum, by stating that the neighborhood park designation on the Banning property be classified as an unspecified designation, because of the recently vacated Ticonderoga roadway. Mr. Lenard cited that the property will possibly be developed prior to the originally anticipated time period. Staff has recommended that the word "approximately" precede the designated park size at Newporter North in the Newport Center Service Area. Staff recommends Exhibit "B" of the proposed Resolution recommending adoption of the Recreation and Open Space Element Revision, GPA81 -2(f), be amended to include the above stated changes. Commissioner Turner commented that the word "approximately" has also been recommended for useage in referring to The Castaways. The public hearing was opened in connection with this item. Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Planning Commission. Mr. Dmohowski submitted a letter dated January 10, 1985, to the Planning Commission from The Irvine Company. Mr. Dmohowski stated that The Irvine Company has requested that the blufftop setback areas be granted credit toward meeting a development project's overall park requirement. -g- COMMISSIONERS X k v v = v v m 2 c C m > > m Z W Z r O S C 2 O L O O M Z 0 m D T Z Z 9 Z ,9 = T M m e January 10, 1985 of Newport Beach The Irvine Company, referring to the Open Space Overlay Zone, recommends that the owner of any land restricted for the benefit of the general public should be given some form of compensation such as park credit or development transfer. The Irvine Company is also concerned about the maintenance responsibility and liability of public trails or public access into privately owned areas. Mr. Dmohowski stated that the majority of the original concerns that The Irvine Company has expressed have been granted by the Staff's clarification of The Castaways and Newporter North. Mr. Dmohowski cited that the Staff report's addendum, Service Area 9 - should state Newporter North and not Newport Center. In reference to Service Area 5, The Irvine Company recommends that the item be reworded to read marine commercial or recreation commercial instead of the term "mini- park ", because the area will be used as a privately owned boat launching site. Mr. Lenard replied that Staff has recommended that the Pacific Coast Highway Mini -Park be referred to as "Pacific Coast Highway Boat Ramp" in Exhibit "B ", paragraph 6. Mr. Mitchell Brown, Urban Assists, 3151 Airway Avenue, Costa Mesa appeared before the Planning Commission. Mr. Brown referred to the West Newport Oil Company memorandum dated January 10, 1985, requesting modifications to the the Recreation and Open Space Plan and proposed resolution. Mr. Brown stated that the Company is concerned with the liability factor in West Newport because there are active oil fields in the West Newport public access area. In response to a question posed by Mr. Hewicker, Mr. Brown stated that the West Newport Oil Company is currently negotiating a private lease with the Newport Christian School. Commissioner Goff inquired if the West Newport Oil Company would be agreeable to a walkway along the northern bank of the Slough. Mr. Brown replied that West Newport Oil Company is concerned about the public danger and liability in the area because of the active oil field. Mr. Dave Dmohowski recommended that the Planning -4- MINUTES INDEX CON\ MINUTES INDEX x x Tj January 10, 1985 C o individual park sites because of the considerable x public interest and recommendations that have been made - v v m to the Planning Commission. C Z c m> m z Commissioner Person commented that Ms. Jean Watt has p 9 z Z r a= C m 2 m City of Newport Beach has recommended that the County provide a park size INDEX -5- Commission consider taking a straw vote regarding the individual park sites because of the considerable public interest and recommendations that have been made to the Planning Commission. Commissioner Person commented that Ms. Jean Watt has stated concern regarding the Bayview School Site and has recommended that the County provide a park size that would be equivalent to what the. City would require. Mr. Don Harvey, 2039 Port Weybridge Place; Newport Beach, a member of the Citizen Advisory Committee - Bikeways, stated that it is his opinion that Staff has submitted only a bikeway map into the Master Plan of Bikeways. Mr. Hewicker replied that the Bikeway Element is being transferred as well as the map and narrative. Mr. Harvey further stated that he will contact Staff after he has read the Bikeway document. The public hearing was closed at this time. Commissioner Turner stated that the Recreation and Open Space Element of the General Plan will progress to City Council for the public review. Commission Turner and Commissioner Person agreed that a straw vote is not necessary at this time unless a Commissioner would have concern regarding an individual item. Motion x Commissioner Turner made a motion to approve Recreation and Open Space Element Revision, GPA81 -2(f) , Exhibit "A ", and Exhibit "B" as amended in previous discussions regarding recommendations in the supplemental Staff Report dated January 10, 1985, Adopt Resolution No. 1126, adding material on the Irvine Downcoast, and including the word "approximately" when designating park size for the Castaways site, and the Newporter North Site in the Newport Center Service Area. Mr. Brown requested an amendment to the motion that Banning Neighborhood Park be designated for a general floating location rather than a specific location. Mr. Lenard also included the revised wording regarding North Star Beach. Commissioner Turner approved the recommendations. Commissioner Person requested an amendment to the motion to include a change in the Implementation Handbook that Marinapark designation, .Priority Level III, be changed to Priority Level I, be amended to read -5- Ayes Absent Motion Ayes Absent • COMMISSIONERS x Ix Ix x January 10, 1985 of Newport Beach "City owned leases to expire, September, 1985 ". Commissioner Person stated that the Marinapark area should be included as a park site, and not for mobile homes. Commissioner Turner accepted the amendment to the motion. Motion voted on, and MOTION CARRIED. * t Proposed General Plan Amendment (Discussion) Request to initiate a General Plan Amendment which shall amend the Land Use and Residential Growth Elements of the General .Plan, abolishing the Residential Growth Element by repealing obsolete language from the Residential Growth Element and incorporating the remaining portions of the Residential Growth Element into the Land Use Element. INITIATED BY: The City of Newport Beach Motion was made to approve a General Plan Amendment to the Land Use and Residential Growth Elements of the General Plan. MOTION CARRIED. x Variance No. 1119 (Public Hearing) Request to permit the construction of single family dwelling in the R -1 District which exceeds two times the buildable area of the. site. The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 15 feet into the required 15 foot front yard setback. LOCATION: Lot 1, Tract No. 802 and an adjoining parcel measured from Lot 1 to the ordinary high tide line, located at #1 Harbor Island Drive, on the northwesterly end of Harbor Island Drive, on Harbor Island. ZONE: R -1 APPLICANT: Donald Bendetti, Newport Beach OWNER: E. Llewellyn Overholt, Jr., Anaheim am MINUTES INDEX Item #2 Proposed GPA Approved Condi- tionally Item #3 V 1119 Continued to 1/24/85 X x - c o x _ C v v m z c m a m z W a = r 2 0 N 0 3. 0 0 o o z n m m a r = M z 2 M Z M T m x Ix Ix x January 10, 1985 of Newport Beach "City owned leases to expire, September, 1985 ". Commissioner Person stated that the Marinapark area should be included as a park site, and not for mobile homes. Commissioner Turner accepted the amendment to the motion. Motion voted on, and MOTION CARRIED. * t Proposed General Plan Amendment (Discussion) Request to initiate a General Plan Amendment which shall amend the Land Use and Residential Growth Elements of the General .Plan, abolishing the Residential Growth Element by repealing obsolete language from the Residential Growth Element and incorporating the remaining portions of the Residential Growth Element into the Land Use Element. INITIATED BY: The City of Newport Beach Motion was made to approve a General Plan Amendment to the Land Use and Residential Growth Elements of the General Plan. MOTION CARRIED. x Variance No. 1119 (Public Hearing) Request to permit the construction of single family dwelling in the R -1 District which exceeds two times the buildable area of the. site. The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 15 feet into the required 15 foot front yard setback. LOCATION: Lot 1, Tract No. 802 and an adjoining parcel measured from Lot 1 to the ordinary high tide line, located at #1 Harbor Island Drive, on the northwesterly end of Harbor Island Drive, on Harbor Island. ZONE: R -1 APPLICANT: Donald Bendetti, Newport Beach OWNER: E. Llewellyn Overholt, Jr., Anaheim am MINUTES INDEX Item #2 Proposed GPA Approved Condi- tionally Item #3 V 1119 Continued to 1/24/85 • • COM January 10, 1985 Commissioner Person referred the Planning Commission to the Harbor Island Community Association letter dated January 7, 1985, stating opposition to the variance currently being considered by the City in addition to similar requests involving Lots No. 18, and 19. Commissioner Person cited that the Planning Commission is presently considering a variance for Lot No. 1 and that testimony shall be limited to that property alone. The public hearing opened in connection with this item, and Mr. Donald Bendetti, #5 Inverness Lane, Newport Beach, appeared before the Planning Commission. Mr. Bendetti described the difficulties of building on the small triangular lot. Mr. Bendetti stated that in order to justify the cost of the lot and in order to have a residence comparable to other houses on Harbor Island, that the Variance is necessary. Mr. Bendetti stated that the house will be built 60' from the water and there would be an 84' bayfront opening that would allow an openness to the surrounding area. Mr. Bendetti further stated that the permitted 2,470 sq. ft. buildable area would not be adequate for their family's life style. Mr. Bendetti commented that there are six other homes on Harbor Island that have been built in the 15 ft. setback area. The proposed dwelling living area is 4,768 sq. ft. and the balance remaining from the 7,950 sq. ft.is basement area, which includes a three car garage and an automobile turn- around area, approximately 550 sq. ft. of living area, and storage space. According to Mr. Bendetti the structural area of the house would be approximately 6000 sq. ft., including the three car garage. Mr. Michael Gering, Attorney at Law, 5000 Birch Street, Newport Beach, appeared before the Planning Commission, on behalf of the Harbor Island Homeowner's Association and Board of Directors. Mr. Gering stated that 13 of the 31 homeowners were notified of the public hearing, and 18 homeowners were not notified. Mr. Gering stated that he was recently employed as counsel for the Homeowner's Association and has not had time to thoroughly study the item; therefore, Mr. Gering recommended that the Planning Commission continue this item. Mr. Gering stated that the homeowners originally were of the opinion that the Planning Commission item was only to consider the 15 ft. setback. However, the homeowners have now been informed that the item includes consideration of the buildable area requirements as well as the modification to the 15 ft. -7- MINUTES x x c o 0 x _ v � y m C z c m m z W S M z r L1 2 C z N O i 0 0 2 2 m a City of z Z a z T m January 10, 1985 Commissioner Person referred the Planning Commission to the Harbor Island Community Association letter dated January 7, 1985, stating opposition to the variance currently being considered by the City in addition to similar requests involving Lots No. 18, and 19. Commissioner Person cited that the Planning Commission is presently considering a variance for Lot No. 1 and that testimony shall be limited to that property alone. The public hearing opened in connection with this item, and Mr. Donald Bendetti, #5 Inverness Lane, Newport Beach, appeared before the Planning Commission. Mr. Bendetti described the difficulties of building on the small triangular lot. Mr. Bendetti stated that in order to justify the cost of the lot and in order to have a residence comparable to other houses on Harbor Island, that the Variance is necessary. Mr. Bendetti stated that the house will be built 60' from the water and there would be an 84' bayfront opening that would allow an openness to the surrounding area. Mr. Bendetti further stated that the permitted 2,470 sq. ft. buildable area would not be adequate for their family's life style. Mr. Bendetti commented that there are six other homes on Harbor Island that have been built in the 15 ft. setback area. The proposed dwelling living area is 4,768 sq. ft. and the balance remaining from the 7,950 sq. ft.is basement area, which includes a three car garage and an automobile turn- around area, approximately 550 sq. ft. of living area, and storage space. According to Mr. Bendetti the structural area of the house would be approximately 6000 sq. ft., including the three car garage. Mr. Michael Gering, Attorney at Law, 5000 Birch Street, Newport Beach, appeared before the Planning Commission, on behalf of the Harbor Island Homeowner's Association and Board of Directors. Mr. Gering stated that 13 of the 31 homeowners were notified of the public hearing, and 18 homeowners were not notified. Mr. Gering stated that he was recently employed as counsel for the Homeowner's Association and has not had time to thoroughly study the item; therefore, Mr. Gering recommended that the Planning Commission continue this item. Mr. Gering stated that the homeowners originally were of the opinion that the Planning Commission item was only to consider the 15 ft. setback. However, the homeowners have now been informed that the item includes consideration of the buildable area requirements as well as the modification to the 15 ft. -7- MINUTES COMMISSIONERS MINUTES -8- F x n January 10, 1985 bayfront setback. Mr. Gering stated that the Board of £ v _ Directors unanimously oppose the variance and _ z C v m, > M m m z modification. The Board of Directors attempted to C z 9 m a a X O O T City of Newport Beach contact all of the existing Harbor Island homeowners. 9 a m -8- bayfront setback. Mr. Gering stated that the Board of Directors unanimously oppose the variance and modification. The Board of Directors attempted to contact all of the existing Harbor Island homeowners. The Board of Directors received unanimous opposition from the contacted homeowners concerning the requested variance and modification. Mr. Gering commented that the Homeowners Association has received a letter from Mr. Thayer Crispin, a neighbor adjacent to the Bendetti residence, stating his opposition to the requested variance and the modification. Mr. Gering queried if the Planning Commission has the authority to grant the modification regarding the 15 ft. setback, as a result of the 5 ft. easement around Harbor Island that is within the setback. Mr. Gering referring to Finding No. 1 of Exhibit "A ", commented that there are several lot sizes on Harbor Island that are less than the applicant's 5,475 sq. ft. lot size. Referring to Finding No. 2, Mr. Gering stated that a suitable house built to a maximum of 4,940 sq. ft. could be constructed according to the present configuration. In referring to Finding No. 4, Mr. Gering stated that the 15 ft. setback is what makes the Harbor Island area unique. In the event this ruling would not be adhered to, there could be a depression of property values on Harbor Island. Mr. Gering further stated that the Board of Directors are not as concerned regarding the size of the proposed dwelling as they ate regarding the 15 ft. setback. In response to a question posed by Commissioner Turner, Mr. Gering stated that the Harbor Island property owners have deeded the 5 ft. easement to the Homeowners Association. Mr. Gering was undecided whether or not the referenced 5,475 ft. was the entire lot size or the buildable lot size. Also in answer to Commissioner Turner, Mr. Gering stated that the Crispin residence has been built out to the proposed setback area. Mr. Gering informed the Planning Commission that the Carver residence adjacent to the applicant's house has one 15 ft. setback, which is considered the front of the • house, and a 0 ft. setback which is considered the side yard. -8- COMMISSIONERS x F n F x v m 9 r v Z c m Z m Z W Z r 2 M Z 2 0 o v 3 O O M 0 m n r Z Z a Z 2 A a M m m L J January 10, 1985 of Newport Beach In response to Commissioner Person, Mr. Gering stated that he was not in a position to say that the Board of Directors approves of the 7900 sq. ft. dwelling, but that they are more concerned about the 15 ft. setback. Commissioner Turner inquired if the applicant has obstructed any views and Mr. Gering replied that the applicant has not impeded any views. Director Hewicker stated that according to the map prepared by the County, that the Crispin residence, adjacent to the applicant's property, may possibly have a 5 ft. encroachment on the 15 ft. setback. Mr. Hewicker commented that a variance was granted on Lot 16 of Harbor Island to allow an encroachment for a garage. Mr. Hewicker advised the Planning Commission that the area Districting Map shows setbacks from 0 ft. to 15 ft. which are measured, from the original tract boundary line. Mr. Hewicker explained that the Harbor Island ownership has one deed for the parcel within the subdivision, and one deed for property that extends beyond the tract boundary, to the adjudicated mean high tide line, and that adjudicated high tide line extends to the bulkhead line around Harbor Island. Mr. Hewicker stated that as a result of a resubdivision of the Ahmanson property, that a decision will be made whether the setback will be measured from the original tract boundary or the adjudicated high tide line. In response to Commissioner Goff's inquiry regarding the permitted gross floor area of 4,940 square feet referred to in the staff report, Mr. Hewicker confirmed that without the variance and not including the space allowed for a typical 2 car garage, the permitted living area would be approximately 4,500 sq. ft. Mr. Hewicker stated that the 5,475 sq. ft. is the lot size. The 2,470 sq. ft. is the buildable area which is the lot size less the required setback. Mr. Hewicker further stated that the setback area constitutes approximately 55% of the lot size. Mr. Phil Lyons, 9 Harbor Island, Newport Beach, President of the Harbor Island Homeowners Association, appeared before the Planning Commission. Mr. Lyons commented that there are 10 lots on Harbor Island that have a gross lot area of 5,600 sq. ft. or less. Mr. Lyons emphasized the importance of the setback area on Harbor Island and that when the CC &R's expired several years ago that the homeowners requested that the City honor future setback requirements. -9- MINUTES INDEX • Mr. Llewellyn Overholt, Jr., 651 Dwyer Drive, Anaheim and No. 1 Harbor Island, and a long time resident of Harbor Island, appeared before the Planning Commission supporting Mr. and Mrs. Bendetti. Mr. Overholt stated that he opposes the action that the Harbor Island Board of Director's has taken in regard to this matter. Mr. Overholt commented that the neighbor adjacent to the applicant has been satisfied with what the applicant has done to accommodate his view. Mr. Overholt explained that the 5 ft. easement was formerly designated as a sidewalk around Harbor Island, and since that time the additional land beyond the original tract boundary has been deeded to the residents and that the residents extinguished all rights to that easement. Mr. Bendetti addressed the Planning Commission again and informed them that originally the Homeowner's Association Board of Directors had no objections to the application, and that within a 24 hour period the Board has reversed their decision. Mr. Bendetti stated that every effort has been made not to have any impact on the Crispin property. The public hearing was closed at this time. In response to Commissioner Koppleman, Mr. Hewicker stated that the status of the 5 ft. easement remains between the Homeowner's Association and the individual landowners, and that the easement is included in the 15 ft. setback area. Commissioner Koppelman inquired if the triangular lot would set a precedent for a rectangular lot. City Attorney Robert Burnham stated that each variance would be considered based on the individual circumstances of each case and that the action by the Planning Commission in this case would not set a precedent for other properties on Harbor Island. Commissioner Turner queried Mr. Hewicker regarding who has received the public notice regarding the public hearing. Mr. Hewicker replied that 13 homeowners within 300 ft. of the applicant in addition to the Homeowner's Association were notified. Mr. Hewicker cited a previous statement that all but four of the homeowners have been contacted by the Board of Directors. -10- MINUTES X x "- January 10, 1985 C o - 1 9 , y m z C m> m z C_ 0 O r O O 9 = arm City of Newport Beach a Mr. Llewellyn Overholt, Jr., 651 Dwyer Drive, Anaheim and No. 1 Harbor Island, and a long time resident of Harbor Island, appeared before the Planning Commission supporting Mr. and Mrs. Bendetti. Mr. Overholt stated that he opposes the action that the Harbor Island Board of Director's has taken in regard to this matter. Mr. Overholt commented that the neighbor adjacent to the applicant has been satisfied with what the applicant has done to accommodate his view. Mr. Overholt explained that the 5 ft. easement was formerly designated as a sidewalk around Harbor Island, and since that time the additional land beyond the original tract boundary has been deeded to the residents and that the residents extinguished all rights to that easement. Mr. Bendetti addressed the Planning Commission again and informed them that originally the Homeowner's Association Board of Directors had no objections to the application, and that within a 24 hour period the Board has reversed their decision. Mr. Bendetti stated that every effort has been made not to have any impact on the Crispin property. The public hearing was closed at this time. In response to Commissioner Koppleman, Mr. Hewicker stated that the status of the 5 ft. easement remains between the Homeowner's Association and the individual landowners, and that the easement is included in the 15 ft. setback area. Commissioner Koppelman inquired if the triangular lot would set a precedent for a rectangular lot. City Attorney Robert Burnham stated that each variance would be considered based on the individual circumstances of each case and that the action by the Planning Commission in this case would not set a precedent for other properties on Harbor Island. Commissioner Turner queried Mr. Hewicker regarding who has received the public notice regarding the public hearing. Mr. Hewicker replied that 13 homeowners within 300 ft. of the applicant in addition to the Homeowner's Association were notified. Mr. Hewicker cited a previous statement that all but four of the homeowners have been contacted by the Board of Directors. -10- MINUTES Motion Ayes Noes Absent • Ix January 10, 1985 Of Newport Beach Commissioner Goff stated that because of the confusion and the differences between the applicant and the Homeowner's Association, that he would make a motion to continue Variance No. 1119 to January 24, 1985. Commissioner Turner stated that he would support the motion because he is concerned about the conflict between the Homeowner's Association and the applicant. Commissioner Turner also stated that he would have appreciated testimony from Mr. Crispin. Commissioner Person reopened the public hearing. The motion was voted on and MOTION CARRIED. - x Use Permit No. 1727 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of live entertainment in conjunction with an existing restaurant with on -sale alcoholic beverages. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to allow dancing with prerecorded music in conjunction with the existing restaurant operation. LOCATION: Parcel 2 of Parcel Map 45 -23 (Resubdivision No. 347) located at 4248 Martingale Way, westerly of MacArthur Boulevard, between Martingale Way and Dolphin- Striker Way in Newport Place. ZONE: P -C APPLICANT: Domino Ltd, Newport Beach OWNER: Same as Applicant The public hearing opened in connection with this item, and Mr. Jay Pauly representing Domino Ltd., appeared before the Planning Commission., Mr. Pauly briefly stated that the applicant is requesting a use permit to allow pre- recorded music and dancing. Mr. Pauly stated that the applicant is in agreement with the ,findings and conditions in the staff report. The public hearing was closed at this time. -11- MINUTES INDEX Item #4 UP 1727A Approved Condi- tionally F C O O C F p mr v z c m s m z r O C z C z H W a o v i Motion Ayes Absent E i COMMISSIONERS X ix ix January 10, 1985 Beach Commissioner Turner made a motion for approval of Use Permit No. 1727 (Amended), subject to the findings and conditions of Exhibit "A ". Commissioner Person reminded the applicant that the parking surrounding the applicant's property has previously encountered many problems, and that the Planning Commission will be watching the area carefully. Commissioner Person stated that he will be supporting the motion. Motion voted on, and MOTION CARRIED. FINDINGS: 1. That the proposed use Use Element of the Planned Community "Newport Place ". is consistent with the Land General Plan and with the Development Standards for 2. That the establishment of a dance floor and prerecorded music will be compatible with the existing restaurant facility. 3. That adequate on -site parking exists for the proposed addition of dancing to the restaurant operation. 4. The approval of Use Permit No.1727 (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 all previous applicable conditions of ap- proval for Use Permit No. 1727 (Amended) as approved by the Planning Commission on April 17, 1975 shall be fulfilled. 2. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevations. 3. That the prerecorded music shall be confined to -12- MINUTES X s c O n 2 - - 9 r 9 m W A a C z X m N o p 9 v r 0= o o �.�i C� 2 a Y m s 9 z r T m M f JI l� X ix ix January 10, 1985 Beach Commissioner Turner made a motion for approval of Use Permit No. 1727 (Amended), subject to the findings and conditions of Exhibit "A ". Commissioner Person reminded the applicant that the parking surrounding the applicant's property has previously encountered many problems, and that the Planning Commission will be watching the area carefully. Commissioner Person stated that he will be supporting the motion. Motion voted on, and MOTION CARRIED. FINDINGS: 1. That the proposed use Use Element of the Planned Community "Newport Place ". is consistent with the Land General Plan and with the Development Standards for 2. That the establishment of a dance floor and prerecorded music will be compatible with the existing restaurant facility. 3. That adequate on -site parking exists for the proposed addition of dancing to the restaurant operation. 4. The approval of Use Permit No.1727 (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 all previous applicable conditions of ap- proval for Use Permit No. 1727 (Amended) as approved by the Planning Commission on April 17, 1975 shall be fulfilled. 2. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevations. 3. That the prerecorded music shall be confined to -12- MINUTES COMMISSIONERS X s v m a v r v z c m a m z v Z r C f c 2 W m 0 3 O O o o 1 9 Z O m a 1 Z a Z i m E is January 10, 1985 Z the interior of said music shall that it does not properties. M1 the building and the sound from be controlled in such a manner become a problem for adjoining 4. That a Cafe Dance Permit for the proposed dancing shall be approved by the City. The dance floor shall be increased to a minimum size of 400 sq. ft. unless said permit is approved for a smaller floor. 5. That a minimum of 65 off - street parking spaces shall be provided for the restaurant operation. 6. That the dancing and playing of prerecorded music shall be limited to the hours of 9:00 p.m. to 1 :30 a.m., daily. 7. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. 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. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m. Use Permit No. 3121 (Public Hearing) Request to permit the establishment of a retail sales operation that includes an outdoor display area for in- stalled boating and automotive sound communications and alarm systems on property located in the "Retail Service Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a request to permit the outdoor installation of said equipment and a request to locate two relocatable storage containers on the subject property. -13- MINUTES INDEX Item #5 UP3121 Approved condi- tionally MINUTES x _ C o = i v v m z c m m z 2 W p> 0 0 A C Z m > T A January 10, 1985 City of Newport Beach LL CALL INDEX LOCATION: A portion of Lot F, Tract No. 919, located at 2912 West Coast Highway, on the northerly side of West Coast Highway, between Old Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Jorge Oubina, San Juan Capistrano OWNER: Said Shokrian, Corona del Mar Planning Director Hewicker commented that if the application is granted that the applicant must obtain a building permit that will require the applicant to move the structures that support the canvas awning so as to provide a three foot setback from the interior property line in order to meet the building and fire code requirements. Mr. Hewicker further stated that the retail sales of auto and boat stereo and alarm systems from within the enclosed building is a permitted use; however, the outdoor storage and outdoor installation activities require the approval of a use permit. The public hearing opened in connection with this item, and Mr. Jorge Oubina, San Juan Capistrano, appeared before the Planning Commission. Mr. Oubina described the improvements that he has made to the parking lot and the small commercial building which he occupies. In reference to Condition No. 12, City Engineer Webb stated that the current 17 ft. 6 in. wide driveway is not adequate for two cars to pass, and that the City is recommending that the driveway be widened to 24 ft. The City is also recommending that the driveway approach be flared out in order to prevent automobiles from having to slow down as they enter the driveway. Mr. Webb cited that by slowing the automobile down in that area, that the current driveway could become a hazard because of the heavy traffic flow on West Coast Highway. Mr. Oubina commented that his business has a two year lease at that location. Mr. Oubina stated that he has recntly invested $75,000 of added improvements to the area, and he does not believe that he should be solely responsible for the driveway improvements considering the short period of time he is planning on being at that location. -14- MINUTES In response to Commissioner Goff, Mr. Webb stated that the driveway improvements could cost approximately $1,000, to $1,500. Mr. Oubina stated to Commissioner Turner that the applicant has agreed to allow the China Palace to use parking spaces on the applicant's property. Mr. Hewicker stated that there are a total of 28 parking spaces on the applicant's parking lot, 18.of which are required parking for the China Palace restaurant. In response to Commissioner Goff, Mr. Hewicker stated that the Planning Commission may approve the application with the condition that the term of the use permit shall be for two years at which time the use permit shall be reviewed by the Planning Commission or the Modifications Committee. At the time of the review, the Planning Commission may extend the permit for a longer period of time. Commissioner Koppelman queried Mr. Burnham if Section 20.70.050 of the Municipal Code pertains to this use permit. Commissioner Goff asked Staff if the Section may be waived. Mr. Hewicker stated that even though the referenced Section states automobile repair and maintenance activities, that automobile radio installation also may be an unsightly activity because many times the automobile may have to be dismantled. Also, the installation of an automobile alarm system can be noisy. Mr. Hewicker explained to Commissioner Goff that the Planning Commission has the right to appeal Staff's decision regarding an interpretation of Section 20.70.050, and then the Planning Commission will be charged with the ultimate responsibility of determining if the proposed use is subject to the approval of a use permit or not. Mr. Hewicker commented that it was Staff's opinion that this referenced Section may have been an area that the Planning Commission wanted to review. Mr. Burnham informed Commissioner Koppelman that he concurs with Mr. Hewicker's opinion. Mr. Hewicker advised that if a use permit is granted, then the Planning Commission makes the decision under which conditions the use permit is granted. Referring to Condition No. 4, Mr. Oubina stated to Commissioner Goff that the applicant is currently using a mute device within the horns of the alarm systems during installation and testing. -15- A January 10, 1985 o f a v = - - C z c m r v m m z m y Z a 2'a z r 0 r x m City of Newport Beach a In response to Commissioner Goff, Mr. Webb stated that the driveway improvements could cost approximately $1,000, to $1,500. Mr. Oubina stated to Commissioner Turner that the applicant has agreed to allow the China Palace to use parking spaces on the applicant's property. Mr. Hewicker stated that there are a total of 28 parking spaces on the applicant's parking lot, 18.of which are required parking for the China Palace restaurant. In response to Commissioner Goff, Mr. Hewicker stated that the Planning Commission may approve the application with the condition that the term of the use permit shall be for two years at which time the use permit shall be reviewed by the Planning Commission or the Modifications Committee. At the time of the review, the Planning Commission may extend the permit for a longer period of time. Commissioner Koppelman queried Mr. Burnham if Section 20.70.050 of the Municipal Code pertains to this use permit. Commissioner Goff asked Staff if the Section may be waived. Mr. Hewicker stated that even though the referenced Section states automobile repair and maintenance activities, that automobile radio installation also may be an unsightly activity because many times the automobile may have to be dismantled. Also, the installation of an automobile alarm system can be noisy. Mr. Hewicker explained to Commissioner Goff that the Planning Commission has the right to appeal Staff's decision regarding an interpretation of Section 20.70.050, and then the Planning Commission will be charged with the ultimate responsibility of determining if the proposed use is subject to the approval of a use permit or not. Mr. Hewicker commented that it was Staff's opinion that this referenced Section may have been an area that the Planning Commission wanted to review. Mr. Burnham informed Commissioner Koppelman that he concurs with Mr. Hewicker's opinion. Mr. Hewicker advised that if a use permit is granted, then the Planning Commission makes the decision under which conditions the use permit is granted. Referring to Condition No. 4, Mr. Oubina stated to Commissioner Goff that the applicant is currently using a mute device within the horns of the alarm systems during installation and testing. -15- r tion Substitute Motion COMMISSIONERS x January 10, 1985 of Newport Beach Mr. Don Trotter, 630 South E1 Camino Real, San Clemente, Contractor, appeared before the Planning Commission. Mr. Trotter stated that the applicant was in the process of obtaining a building permit for the awning structure. Mr. Trotter commented that because the applicant is only interested in the sales and installation of radios and alarms, he does not believe that the applicant should be required to widen the driveway or that the Section pertaining to the repair and maintenance of automobiles applies to the applicant. Mr. Hewicker commented that a use permit is also required for the outdoor display of the applicant's product. The public hearing was closed at this time. Commissioner Turner stated that because the China Palace also uses the driveway, that the applicant should not be solely responsible for the added improvements. Commissioner Turner made a motion to approve Use Permit No. 3121, subject to the findings and conditions of Exhibit "8" including the following changes: Condition No. 4 would be changed to allow sounding of the alarm system if a mute device is installed; Delete Condition No. 12; Add Condition No. 18 stating that the awnings will be installed according to the building and fire codes; Add Condition No. 19 indicating that the Use Permit will automatically come back to the Planning Commission at the end of two years. Commissioner Eichenhofer asked if it would be possible to have the Use Permit expire at the end of two years. Commissioner Turner indicated that the intent of his motion was to have the Use Permit automatically expire at the end of two years at .which time it would have to come back for renewal. Planning Director Hewicker indicated that if that were the case the applicant would have to file a new application and pay a new fee at the end of two years. Commissioner Goff made a substitute motion that the Use Permit would be reviewed in two years by the Planning Commission at which time the Commission would reconsider Condition No. 12, and the imposition of the driveway requirement. Commissioner Goff stated that in the interim two years the applicant would not be required to reconstruct the driveway. In addition, -16- MINUTES x a C O O _ m a m M a 2 0 i C Z 0 O X O O W m o m a m T 2 9 2 9 2 M m x January 10, 1985 of Newport Beach Mr. Don Trotter, 630 South E1 Camino Real, San Clemente, Contractor, appeared before the Planning Commission. Mr. Trotter stated that the applicant was in the process of obtaining a building permit for the awning structure. Mr. Trotter commented that because the applicant is only interested in the sales and installation of radios and alarms, he does not believe that the applicant should be required to widen the driveway or that the Section pertaining to the repair and maintenance of automobiles applies to the applicant. Mr. Hewicker commented that a use permit is also required for the outdoor display of the applicant's product. The public hearing was closed at this time. Commissioner Turner stated that because the China Palace also uses the driveway, that the applicant should not be solely responsible for the added improvements. Commissioner Turner made a motion to approve Use Permit No. 3121, subject to the findings and conditions of Exhibit "8" including the following changes: Condition No. 4 would be changed to allow sounding of the alarm system if a mute device is installed; Delete Condition No. 12; Add Condition No. 18 stating that the awnings will be installed according to the building and fire codes; Add Condition No. 19 indicating that the Use Permit will automatically come back to the Planning Commission at the end of two years. Commissioner Eichenhofer asked if it would be possible to have the Use Permit expire at the end of two years. Commissioner Turner indicated that the intent of his motion was to have the Use Permit automatically expire at the end of two years at .which time it would have to come back for renewal. Planning Director Hewicker indicated that if that were the case the applicant would have to file a new application and pay a new fee at the end of two years. Commissioner Goff made a substitute motion that the Use Permit would be reviewed in two years by the Planning Commission at which time the Commission would reconsider Condition No. 12, and the imposition of the driveway requirement. Commissioner Goff stated that in the interim two years the applicant would not be required to reconstruct the driveway. In addition, -16- MINUTES Ayes Noes Absent Ayes Noes Absent ' I U COMMISSIONERS Ix V January 10, 1985 Beach Commissioner Goff indicated that he would not be comfortable with an automatic expiration of the Use Permit and the fact that the applicant would have to pay a new filing fee. Commissioner Person stated he would not support the substitute motion because of the two year expiration date and that the redevelopment of the property at that time is appropriate. Substitute Motion voted on, and MOTION DENIED. Original motion was voted on, and MOTION CARRIED. Findings: 1. The proposed development is consistent with the General Plan and the adopted Local Coastal Pro- gram, Land Use Plan, and is compatible with existing and proposed land uses in the surrounding area. 2. Adequate parking has been provided for the proposed development. 3. The project will not have any significant environ- mental impact. 4. The approval of Use Permit No. 3121 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 plan and elevations, except as noted below. 2. That the entire site shall be maintained in a clean and orderly manner. 3. That the facility shall not be open for business prior to 8:00 a.m. or after 6:00 p.m. -17- MINUTES X z a O = vm z m a m z a v A z r n x O ; °° X m O m a 0 m City of Z 9 Z 7 Z, m Ix V January 10, 1985 Beach Commissioner Goff indicated that he would not be comfortable with an automatic expiration of the Use Permit and the fact that the applicant would have to pay a new filing fee. Commissioner Person stated he would not support the substitute motion because of the two year expiration date and that the redevelopment of the property at that time is appropriate. Substitute Motion voted on, and MOTION DENIED. Original motion was voted on, and MOTION CARRIED. Findings: 1. The proposed development is consistent with the General Plan and the adopted Local Coastal Pro- gram, Land Use Plan, and is compatible with existing and proposed land uses in the surrounding area. 2. Adequate parking has been provided for the proposed development. 3. The project will not have any significant environ- mental impact. 4. The approval of Use Permit No. 3121 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 plan and elevations, except as noted below. 2. That the entire site shall be maintained in a clean and orderly manner. 3. That the facility shall not be open for business prior to 8:00 a.m. or after 6:00 p.m. -17- MINUTES COMMISSIONERS 4. That the doors and windows of the display vehicles shall be closed during demonstrations of the sound, and communication systems. The alarm systems shall not be sounded in the outdoor display and installation areas unless a mute device is installed in each case. 5. That a minimum of 10 parking spaces shall be available for customers and employees of the facility. 6. That all employees shall park on -site at all times. 7. That all trash areas shall be screened from West Coast Highway and adjoining properties. 8. That a minimum of 10 percent of the paved parking area shall be devoted to landscaping. 9. That a landscape and irrigation plan for the site shall be approved by the Public Works, Planning, and Parks, Beaches and Recreation Departments. Landscaping shall be installed in accordance with the approved plans before the outdoor display and installation areas may be utilized. 10. That all signs shall conform with the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 11. That all improvements be constructed as required by ordinance and the Public Works Department. 12. Deleted 13. That prior to the issuance of any building permits or implementation of the Use Permit, the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in the 12 foot wide strip of land adjacent to West Coast Highway and across the West Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. 14. That an agreement be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain occupancy or building permits prior to completion of the public improvements. -18- MINUTES x A T January 10, 1985 IC z c m r 9 o m m z 00 8 I Z M= � 0 0 3 9 0 0 City of Newport Beach Z 4. That the doors and windows of the display vehicles shall be closed during demonstrations of the sound, and communication systems. The alarm systems shall not be sounded in the outdoor display and installation areas unless a mute device is installed in each case. 5. That a minimum of 10 parking spaces shall be available for customers and employees of the facility. 6. That all employees shall park on -site at all times. 7. That all trash areas shall be screened from West Coast Highway and adjoining properties. 8. That a minimum of 10 percent of the paved parking area shall be devoted to landscaping. 9. That a landscape and irrigation plan for the site shall be approved by the Public Works, Planning, and Parks, Beaches and Recreation Departments. Landscaping shall be installed in accordance with the approved plans before the outdoor display and installation areas may be utilized. 10. That all signs shall conform with the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. 11. That all improvements be constructed as required by ordinance and the Public Works Department. 12. Deleted 13. That prior to the issuance of any building permits or implementation of the Use Permit, the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in the 12 foot wide strip of land adjacent to West Coast Highway and across the West Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. 14. That an agreement be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain occupancy or building permits prior to completion of the public improvements. -18- MINUTES MINUTES A -' X x January 10, 1985 :E s T x T r v m C= 0 O> O O Z a z a m `. ,.� W [r) City of Newport Beach T LL CALL INDEX 15. That the on -site vehicular and pedestrian circu- lation system be subject to further review by the Public Works Department and the City Traffic Engineer. Prior to implementation of the uses allowed by this use permit, the parking lot shall be striped in accordance with the approved strip- ing plan. 16. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. 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. 18. That the applicant shall install awnings according to the requirements of the Newport Beach Building and Fire Departments. 19. That Use Permit No. 3121 will automatically expire at the end of two years. x x x Use Permit No. 3123 (Public Hearing) Item #6 Request to permit the establishment of an automotive UP 3123 service and repair facility on property located in the - M -1 -A District. Approved Condi- LOCATION: Lot 48, Tract No. 3201, located at 3975 tionally Birch Street, on the northwesterly side of Birch Street, between Dove Street and Quail Street, across form the Newport Place Planned Community. ZONE: M -1 -A APPLICANT: D.D.K. Motors, Newport Beach OWNERS: Aldo and Madeleine Chiappero, Costa Mesa -19- M n A Ab nt "MISSIONERS x Ixl January 10, 1985 of Newport Beach Mr. Hewicker informed the Planning Commission that there is another automobile service facility in the vicinity of the applicant's premises and a car detailing business on the same site as the applicant. Mr. Hewicker stated that there is a possibility that a use permit will be required for each business. The public hearing opened in connection with this item, and Mr. Mitchell Brown, Urban Assist, 3151 Airway Avenue, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. Brown stated that the applicant is in agreement with the findings and conditions in the use permit. Mr. Brown commented that if the applicant is required to provide four parking spaces inside the building as requested in the staff report, that there will be an additional financial burden to the applicant because the applicant will have to move the four parking spaces farther into the interior of the building. A motion was made to approve Use Permit No. 3123, subject to the findings and conditions of Exhibit "A ", with an added condition that the use permit will be reviewed by the Planning Commission in two years. MOTION CARRIED. FINDINGS: 1. The proposed use is consistent with the General Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commis- sion in the vicinity of the John Wayne Airport. 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That adequate offstreet parking will be provided for the automobile repair facility. 5. The approval of Use Permit No. 3123 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. -20- MINUTES INDEX x x c o £ a v m y 9 r v z c m Z m z W a z r 2 M Z z N O 3 0 O O m> Z z a z ," m x Ixl January 10, 1985 of Newport Beach Mr. Hewicker informed the Planning Commission that there is another automobile service facility in the vicinity of the applicant's premises and a car detailing business on the same site as the applicant. Mr. Hewicker stated that there is a possibility that a use permit will be required for each business. The public hearing opened in connection with this item, and Mr. Mitchell Brown, Urban Assist, 3151 Airway Avenue, Costa Mesa, appeared before the Planning Commission on behalf of the applicant. Mr. Brown stated that the applicant is in agreement with the findings and conditions in the use permit. Mr. Brown commented that if the applicant is required to provide four parking spaces inside the building as requested in the staff report, that there will be an additional financial burden to the applicant because the applicant will have to move the four parking spaces farther into the interior of the building. A motion was made to approve Use Permit No. 3123, subject to the findings and conditions of Exhibit "A ", with an added condition that the use permit will be reviewed by the Planning Commission in two years. MOTION CARRIED. FINDINGS: 1. The proposed use is consistent with the General Plan, and is compatible with surrounding land uses. Furthermore, the proposed project is similar to other automobile service facilities that have been previously approved by the Planning Commis- sion in the vicinity of the John Wayne Airport. 2. The Police Department has indicated that they do not contemplate any problems. 3. The proposed project will not have any significant environmental impact. 4. That adequate offstreet parking will be provided for the automobile repair facility. 5. The approval of Use Permit No. 3123 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. -20- MINUTES INDEX COMMISSIONERS MINUTES X x January 10, 1985 c 0 v a m z C m m z Y 9= a= T City of Newport Beach C Z N; O O a LL CALL INDEX CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot 'plan and floor plan. 2. That all repair and service activities shall be located inside the building. 3. That all mechanical equipment and trash areas shall be screened from adjacent properties as well as Birch Street. 4. No vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week.. 5. That a minimum of four (4) parking spaces shall be ' provided inside the building. 6. That no car washing shall be permitted on the site unless a wash area is provided in such a way as to insure direct drainage of wash water into the sewer system and not into the bay or the storm drains. 7. That the applicant shall make all necessary alterations to the existing structure as required by the Building Department and Fire Department so as to comply with Section 503 of the Uniform Building Code (1979 Edition). 8. That all improvements be constructed as required by ordinance and the Public Works Department. 9. That the on -site vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 10. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the . operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. -21- X z January 10, 1985 C o n x within 24 months from the date of approval as z c m m z specified in Section 20.80.090 A of the Newport C 8 z A= N a K 9 a 0 0 r m City of Newport Beach 12. That the use permit will be reviewed by the MINUTES INDEX Item #7 UP 3124 Approved Condi- tionally 11. 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. 12. That the use permit will be reviewed by the Planning Commission in two years. Use Permit No. 3124 (Public Hearing) Request to permit the establishment of.an outdoor sales facility specializing in landscape fountains, planters and statues on property located in the "Retail Service Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a request to use a temporary relocatable structure for office purposes. LOCATION: A portion of Lot F, Tract No. 919, . located at 2912 West Coast Highway, on the northerly side of West Coast Highway, between Old Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Greg Kuiper, Irvine OWNER: Said Shokrian, Corona del Mar Director Hewicker informed the Planning Commission that a chemical toilet will have to be removed from the premises and the office structure will have to be set back from the interior property line 10 ft. to 20 ft. The applicant must construct a block wall to accommodate the Fire Code. . The public hearing opened in connection with this item, and Mr. Greg Kuiper, 14252 Culver Dr., Irvine, appeared before the Planning Commission. Mr. Kuiper described the outdoor sales facility specializing in landscaping accessories. Mr. Kuiper stated that he has invested $50,000. to improve the property surrounding his business, which includes using white crushed stone for his parking spaces. • Commissioner Person informed Mr. Kuiper that all of the findings and conditions in the staff report are applicable to the applicant. -22- MINUTES INDEX Item #7 UP 3124 Approved Condi- tionally • Motion Ayes Noes Absent • COMMISSIONERS x x In response to a question posed by Commissioner Turner, Mr. Kuiper stated that there is street access to his business establishment off of Avon Street and West Coast Highway. Mr. Kuiper stated that he will remove the dividing fence that is currently on his property. In response to Commissioner Turner's inquiry. Mr. Kuiper stated that the toilet facilities will be shared with Mr. oubina who operates the auto and boat stereo sales facility on the same site. Mr. Gordon Barienbrock, 3000 West Ocean Front, Newport Beach, appeared before the Planning Commission. Mr. Barienbrock stated his approval of the use permit on a temporary basis citing that the requested use permit is not consistent with the Mariner's Mile Specific Plan. Mr. Barienbrock stated that the applicant has improved the area surrounding his business. The public hearing was closed at this time. In response to a question posed by Commissioner Turner, Mr. Hewicker stated that white crushed rock is not normally approved in a parking area; however, staff would support this condition because the use permit would be approved on an interim basis. A motion was made to approve Use Permit No. 3124, subject to the findings and conditions of Exhibit "B ", with the following changes: Condition No. 2: That white crushed rock is allowable in the parking area; Delete Condition No. 12; Add Condition No. 17 stating that the Use Permit will automatically expire at the end of two years. Commissioner Person stated he would support the motion on the basis that the use . permit will expire in two years citing that this use is not consistent with the Mariner's Mile Specific Plan. Motion voted on, MOTION CARRIED. Findings: 1. As conditioned, the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with existing and proposed land uses in the surrounding area. 2. Adequate offstreet parking will be provided for the proposed development. -23 -. MINUTES INDEX X F January lu, 1965 F x v m v z c m a m' z c z i = 9 w = o 3 ; o T o m City of. Newport Beach a x x In response to a question posed by Commissioner Turner, Mr. Kuiper stated that there is street access to his business establishment off of Avon Street and West Coast Highway. Mr. Kuiper stated that he will remove the dividing fence that is currently on his property. In response to Commissioner Turner's inquiry. Mr. Kuiper stated that the toilet facilities will be shared with Mr. oubina who operates the auto and boat stereo sales facility on the same site. Mr. Gordon Barienbrock, 3000 West Ocean Front, Newport Beach, appeared before the Planning Commission. Mr. Barienbrock stated his approval of the use permit on a temporary basis citing that the requested use permit is not consistent with the Mariner's Mile Specific Plan. Mr. Barienbrock stated that the applicant has improved the area surrounding his business. The public hearing was closed at this time. In response to a question posed by Commissioner Turner, Mr. Hewicker stated that white crushed rock is not normally approved in a parking area; however, staff would support this condition because the use permit would be approved on an interim basis. A motion was made to approve Use Permit No. 3124, subject to the findings and conditions of Exhibit "B ", with the following changes: Condition No. 2: That white crushed rock is allowable in the parking area; Delete Condition No. 12; Add Condition No. 17 stating that the Use Permit will automatically expire at the end of two years. Commissioner Person stated he would support the motion on the basis that the use . permit will expire in two years citing that this use is not consistent with the Mariner's Mile Specific Plan. Motion voted on, MOTION CARRIED. Findings: 1. As conditioned, the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with existing and proposed land uses in the surrounding area. 2. Adequate offstreet parking will be provided for the proposed development. -23 -. MINUTES INDEX COMMISSIONERS x a c o 0 f y, a v r m z C m v m z N a r 2 Z 0 0 C z N p> O o z z o m r m z z s a _ • • January 10, 1985 of Newport Beach 3. The project will not have any significant environ- mental impact. 4. The approval of Use Permit No. 3124 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, except as noted below. 2. That white crushed rock will be acceptable in all areas to be used for parking and vehicular circulation. 3. That a landscape and irrigation plan shall be prepared for the site. This plan shall be ap- proved by the Public works, Planning and Parks, Beaches and Recreation Departments. Landscaping shall be installed in accordance with the approved plans prior to final approval of any building permits issued for construction on the site. 4. That the necessary building permits shall be obtained for the installation of the modular office and the fencing. 5. That a minimum of 6 parking spaces shall be available for customers and the employee of the facility. 6. That the employee shall park on -site at all times. 7. That all trash areas shall be screened from West Coast Highway and adjoining properties. 8. That the entire site shall be maintained in a clean and orderly manner. 9. That the facility shall not be open for business prior to 8:00 a.m. or after 6:OO p.m. 10. That all signs shall conform with the applicable provisions of Chapter 20.06 of the Newport Beach Municipal Code. . -24- MINUTES MINUTES INDEX January 10, 1985 C a by ordinance and the Public Works Department. F a 9 = 12. Deleted. _ V m 13. That prior to the issuance of any building permits z c C M m> m z or implementation of the Use Permit the lessee c z 9 w z o 3 = o T o m City of Newport Beach ; purposes, the lessee's interest in the INDEX 11. That all improvements be constructed as required by ordinance and the Public Works Department. 12. Deleted. 13. That prior to the issuance of any building permits or implementation of the Use Permit the lessee shall dedicate to the City for street and highway purposes, the lessee's interest in the 12 foot wide strip of land adjacent to West Coast Highway and across the West Coast Highway front- age. The strip is to be used in the future for the widening of West Coast Highway. 14. That an agreement be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain occupancy or building permits prior to completion of the public improvements. 15. That the Planning Commission may add and /or modify • conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. 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. 17. That the use permit will expire at the end of two years. 18. That the chemical toilet shall be removed from the site and that existing permanent restroom facilities located elsewhere on the site shall be made available for the applicants use. -25- MINUTES A F _ 11 January 10, 1985 C o INDEX x _C v ,A v m 2 C p m 2 Use Permit No. 3125 (Public Hearing) Item #8 M C Z 0 o[ o 0 City of Newport Beach Y 9 z, z Request to permit the construction of a relocatable UP 3125 WJ111-ALLI 11 1 Jill INDEX Use Permit No. 3125 (Public Hearing) Item #8 Request to permit the construction of a relocatable UP 3125 structure to be used for retail sales and display of flowers in the open, on 'property located in the C -1 Continued District. to LOCATION: Lots 1 and 2, Block AA, Tract No. 323, 2/7/85 located at 3601 East Coast Highway, on the southeasterly corner of East Coast Highway and Orchid Avenue, in Corona del Mar. on A nt 0 Ix x ZONE: C -1 APPLICANTS: Said Shokrian and Judy Farrah, Corona del OWNER: Said Shokrian, Corona del Mar Motion was made to continue this item to the Planning Commission Meeting of February 7, 1985. MOTION CARRIED. Use Permit No. 3126 (Public Hearing) Request to permit the construction of a single family dwelling which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation District. The proposal also includes a modification to the Zoning Code so as to allow the construction of a 10 foot 6 inch# high wall along the easterly property line between Newport Bay and the required front setback line, and the acceptance of an environmental document. LOCATION: Lots 20, 21 and a portion of Lots 8, 9, 10, and 11 of Block 25, East Side Addition, Balboa Tract; Lots 9 and 10, Block P, Bay Front Section, Balboa Tract; and a vacated portion of East Bay Avenue, located at 1617 East Bay Avenue (vacated), on the westerly side of I Street, adjacent to Newport Bay, on Peninsula Point. -26- Item #9 UP3126 Approved Condi- tionally 0 ZONE: R -1 APPLICANT: . Henry T. Segerstrom, Newport Beach OWNER: Same as applicant Planning Director Hewicker stepped down from the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Mr. W. William Ward stated that he and Ms. Sheri Vander Dussen will represent the Staff during Mr. Hewicker's absence. The public hearing opened in connection with this item, and Mr. Henry Segerstrom, 1617 E. Bay Front, Newport Beach, appeared before the Planning Commission. Mr. Segerstrom referred to the staff report which states that "the average height of the proposed structure will exceed the maximum height of all structures to the west of the subject property ", citing that a study was recently completed showing that there are five houses in the near proximity of the applicant's residence that exceed the height of the proposed dwelling. Mr. Segerstrom stated that the alley has been widened to less than 10 feet and no more than 20 feet to accommodate the underground utilities and that will enable an easier access for emergency vehicles to enter the area. Mr. Segerstrom stated further that there will be more open space around the proposed project. Mr. Segerstrom described the design of the proposed security wall along the bulkhead. In response to Commissioner Koppelman's inquiry, Mr. Segerstrom replied that a masonry security wall is proposed and that the elevation of the lot and bulkhead will have to be raised because of the high tides. Commissioner Person referred to a letter received from Mrs. Arthur W. Colby and Mrs. Ralph E. Parks to the Planning Commission opposing the application. Mr. Segerstrom stated that one of the properties owned by Mrs. Colby is two feet higher than the proposed residence. Commissioner Person commented that there are houses in that area that were constructed prior to the time there was a height ordinance. Mr. Segerstrom stated that the houses he was referring to have been _27_ MINUTES INDEX X x January 10, 1985 C o n f a M _ _ 9 m z c C M m m z C z m O i 0 0 City of Newport Beach A z arm ZONE: R -1 APPLICANT: . Henry T. Segerstrom, Newport Beach OWNER: Same as applicant Planning Director Hewicker stepped down from the dais and refrained from deliberation on this agenda item due to a potential conflict of interest. Mr. W. William Ward stated that he and Ms. Sheri Vander Dussen will represent the Staff during Mr. Hewicker's absence. The public hearing opened in connection with this item, and Mr. Henry Segerstrom, 1617 E. Bay Front, Newport Beach, appeared before the Planning Commission. Mr. Segerstrom referred to the staff report which states that "the average height of the proposed structure will exceed the maximum height of all structures to the west of the subject property ", citing that a study was recently completed showing that there are five houses in the near proximity of the applicant's residence that exceed the height of the proposed dwelling. Mr. Segerstrom stated that the alley has been widened to less than 10 feet and no more than 20 feet to accommodate the underground utilities and that will enable an easier access for emergency vehicles to enter the area. Mr. Segerstrom stated further that there will be more open space around the proposed project. Mr. Segerstrom described the design of the proposed security wall along the bulkhead. In response to Commissioner Koppelman's inquiry, Mr. Segerstrom replied that a masonry security wall is proposed and that the elevation of the lot and bulkhead will have to be raised because of the high tides. Commissioner Person referred to a letter received from Mrs. Arthur W. Colby and Mrs. Ralph E. Parks to the Planning Commission opposing the application. Mr. Segerstrom stated that one of the properties owned by Mrs. Colby is two feet higher than the proposed residence. Commissioner Person commented that there are houses in that area that were constructed prior to the time there was a height ordinance. Mr. Segerstrom stated that the houses he was referring to have been _27_ MINUTES INDEX 0 COMMISSIONERS January 10, 19 85 TOL z C z N a 3 0 0 I z z z 9= m m City of Newport Beach built within the past five years. Mr. Ward commented that there are no records in the Planning Department's files that indicate any projects in the immediate area have been approved in excess of the basic height limit, within the past five years. Mr. James LeNeve, Architects Pacifica, 180 Newport Center Drive, Newport Beach, appeared before the Planning Commission. Mr. LeNeve explained that the security wall is presently 6 feet high and the proposed wall will be of sufficient height so that the wall cannot be jumped. Mr. LeNeve further stated that there will be no obstructed views, and, in fact, the setback area along "I" Street will be wider than it is at the present time. Mr. LeNeve cited that the proposed structure's floor has been raised because the water does come onto the property during high tides and winds, and that the structure's height from grade elevation is 24.8 ft. Mr. LeNeve explained that four lots are included in the total project, and 22% of the project exceeds the height limit. Mr. LeNeve stated that the proposed site is .9 times buildable area compared to the permitted 2.0 times buildable area, and he described the setback areas on the site. In reponse to a question posed by Commissioner Turner, Mr. LeNeve stated that a height of 11 feet is proposed for the structure's ceiling. Ms. Virginia Field, 1701 E. Bay, spoke in favor of the application. Mr. Gary Vose, 1707 E. Bay, stated that of the neighboring properties adjacent to the applicants that his property would be affected the most. Mr. Voss spoke in favor of the application by commenting that the proposed project will be an asset for the surrounding area. Mr. Richard Leffler, 1637 E. Bay, stated that his property faces the applicant's property and that there is a possibility that there may be a slight obstruction from his balcony. Mr. Gordon Barienbrock, 3000 W. Ocean Front, explained that the applicant is building 2 feet below the bulkhead and below the high tide line. Mr. Barienbrock stated that all of the properties along the bayfront -28- MINUTES INDEX Mon Ayes Noes Absent • x x x January 10, 1985 of Newport Beach should be measured from a consistent grade citing that some properties have a bulkhead and other properties do not. Mr. Ward stated that. the City measures building heights from the natural grade of each lot. Commissioner Turner confirmed with Mr. LaNeve that in reference to Condition No. 3, of Exhibit "B ", that the staff report states that the average height of the structure shall not exceed 28 feet above the existing grade. Mr. Segerstrom commented that the project is terraced down, and that the structure does not have a uniform height. The public hearing was closed at this time. In response to a question posed by Commissioner Eichenhofer, Mr. LaNeve replied that 38% of the main structure's height will be 28 feet. Commissioner Turner made a motion to approve Use Permit No. 3126, subject to the findings and conditions in Exhibit "B ". Commissioner Goff stated that he will not support the motion because he believes that only "I" Street has been considered and not the bay side. Staff informed Commissioner Person that a public notice was mailed to the Homeowner's Association. Commissioner Koppelman clarified Condition No. 2 regarding the proposed wall on the setback line with Commissioner Turner and Mr. LaNeve. Commissioner Person stated that he will support the motion, however he stated that one of the reasons that it was difficult to make the decision was because he did not want to create the affect of a block wall across the bayfront. Motion voted on, and MOTION CARRIED. ENVIRONMENTAL DOCUMENT: FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. -29- MINUTES x x c o � m z c m s m z W a a r i W z z N v a 0 O O W m O m m z a a z M '" m x x x January 10, 1985 of Newport Beach should be measured from a consistent grade citing that some properties have a bulkhead and other properties do not. Mr. Ward stated that. the City measures building heights from the natural grade of each lot. Commissioner Turner confirmed with Mr. LaNeve that in reference to Condition No. 3, of Exhibit "B ", that the staff report states that the average height of the structure shall not exceed 28 feet above the existing grade. Mr. Segerstrom commented that the project is terraced down, and that the structure does not have a uniform height. The public hearing was closed at this time. In response to a question posed by Commissioner Eichenhofer, Mr. LaNeve replied that 38% of the main structure's height will be 28 feet. Commissioner Turner made a motion to approve Use Permit No. 3126, subject to the findings and conditions in Exhibit "B ". Commissioner Goff stated that he will not support the motion because he believes that only "I" Street has been considered and not the bay side. Staff informed Commissioner Person that a public notice was mailed to the Homeowner's Association. Commissioner Koppelman clarified Condition No. 2 regarding the proposed wall on the setback line with Commissioner Turner and Mr. LaNeve. Commissioner Person stated that he will support the motion, however he stated that one of the reasons that it was difficult to make the decision was because he did not want to create the affect of a block wall across the bayfront. Motion voted on, and MOTION CARRIED. ENVIRONMENTAL DOCUMENT: FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. -29- MINUTES x x F s v z e m i m m S a Z r L7 c; y v 9 o i s = i z T 0 r1 U January 10, 1985 of New=t Beach 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures' to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. USE PERMIT NO. 3126 and MODIFICATION FINDINGS: 1. That as conditioned, the proposed, development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit since the height of the structure has been varied so the portions of the roof adjacent to the alley and "I" Street are lower than portions of the roof adjacent to the bayside property line and the interior side property line. 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. The increased building height will allow for modulation of the building's height and volume. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the, structure and existing development or public spaces inasmuch as many. of the roof elements adjacent to the alley and "I" Street conform to the basic height limit. 5. The structure will have no more floor area than could have been achieved without the approval of this use permit to exceed the basic height limit. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access. through or use of property within the proposed development. -30- MINUTES INDEX MINUTES A x T January 10, 1985 r o m Z c m o m z 9 z a_ M c z w o City of Newport Beach a 0 0 ROLL CALL INDEX 7. That approval of Use Permit No. 3126 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. B. That as conditioned, the wall that is proposed to extend from the front setback line to Newport Bay will not obstruct existing views from "I" Street and adjoining residential properties and 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. • CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations, except as noted below. 2. The proposed wall which extends from the front setback line. to Newport Bay shall be of open construction and shall not exceed a height of 6 feet above existing grade. 3. The average height of the structure shall not exceed 28 feet above existing grade. 4. That a Harbor Permit shall be obtained for construction of the proposed bulkhead and docks. 5. That the property owner shall execute a covenant, the form and content of which is acceptable to the City Attorney, whereby he agrees to hold as a' single parcel for development of one single family dwelling, the properties commonly known as 1617 East Bay Avenue and 1618 East Balboa Boulevard. This covenant shall be recorded prior to the . issuance of any building or grading permits for the proposed residence at 1617 East Bay Avenue. 6. That all improvements be constructed as required by ordinance and the Public Works Department. -31- COMMISSIONERS Pi • MINUTES January 10, 1985 of Newport Beach INDEX 7. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is'desired to obtain a building permit prior to completion of the public improvements. 8. That each of the structures on Parcel "A" and Parcel "B" be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. 9. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 10. That all vehicular access to the property shall be from the adjacent alley. 11. County Sanitation District Fees shall be paid prior to issuance of any Building Permits. 12. That the existing drive aprons be removed on Balboa Boulevard and "I" Street; that the existing curb and sidewalk be reconstructed on Balboa Boulevard; that the existing curb and sidewalk on "I" Street be reconstructed with curb, gutter and sidewalk; and that the existing alley apron be reconstructed on "I" Street as approved by the Public Works Department. The improvement plans will be prepared by the Public Works Department. 13. 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. Use Permit No. 3128 (Public Hearing) (item #10 Request to permit the establishment of a retail pet UP3128 shop specializing in birds and bird supplies on proper- ty located in the C -1 District. Approved Condi- tionally -32- a x c o r v z c m o m z W A a z r c z w o a 0 0 0 0 9 m 0 m a T 2 S S a e +i m M Pi • MINUTES January 10, 1985 of Newport Beach INDEX 7. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is'desired to obtain a building permit prior to completion of the public improvements. 8. That each of the structures on Parcel "A" and Parcel "B" be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. 9. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. 10. That all vehicular access to the property shall be from the adjacent alley. 11. County Sanitation District Fees shall be paid prior to issuance of any Building Permits. 12. That the existing drive aprons be removed on Balboa Boulevard and "I" Street; that the existing curb and sidewalk be reconstructed on Balboa Boulevard; that the existing curb and sidewalk on "I" Street be reconstructed with curb, gutter and sidewalk; and that the existing alley apron be reconstructed on "I" Street as approved by the Public Works Department. The improvement plans will be prepared by the Public Works Department. 13. 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. Use Permit No. 3128 (Public Hearing) (item #10 Request to permit the establishment of a retail pet UP3128 shop specializing in birds and bird supplies on proper- ty located in the C -1 District. Approved Condi- tionally -32- COMMISSIONERS MINUTES x _ v a a = r v m z c m s m z a z N O r O O a z 9 arm a January 10, 1985 City of Newport Beach LL CALL INDEX LOCATION: Lot 1, Block BB, Tract No. 323, located at 37.07 East Coast Highway, on the southeasterly corner of East Coast Highway and Poinsettia Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Richard Sufficool, San Juan Capistrano OWNER: Bill Edwards, Newport Beach The public hearing opened in connection with this item, and Mr. Richard Sufficool, 33871 Calle Borrego, San Juan Capistrano appeared before the Planning Commission. Mr. Sufficool stated that he agrees with the findings and conditions in Exhibit "A ". Motion x The public hearing was closed at this time. Motion x x x x was made to approve Use Permit No. 3128, subject to the nt x findings and conditions of Exhibit "A ", which MOTION CARRIED. Findings: 1. That the proposed use is consistent with the General Plan and the adopted Local Coastal Pro- gram, Land Use Plan, and is compatible with the surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the proposed pet shop represents the con- tinued retail commercial use of an existing commercial building which has a nonconforming parking condition; and further, that the proposed pet shop will not generate an increased parking demand for the subject property. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 3128 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 and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. -33- • COMMISSIONERS MINUTES X x Q January 10, 1985 c o 1r v Z C m Z m s a= a= r m I City of Newport Beach a 2 0 O K o o Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, and floor plan. 2. That the proposed pet shop shall be operated from within the existing commercial building only. 3. That the proposed pet shop operation shall be limited to the sale of birds, bird supplies and other related products except that should the applicant wish to sell other types of animals which may in the opinion of the Planning Depart- ment adversely effect the peace and quiet of the surrounding land uses, an amendment to this use permit shall be required. 4. That all windows and doors shall remain closed, and air conditioning shall be provided in conjunction with the proposed development. 5. That the Planning Commission may add and/or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 6. 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. Use Permit No. 3012 (Review) (Discussion) Two year Planning Commission review of Use Permit No. 3012 which permitted the establishment of a take -out restaurant in the C -1 District and waived 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. -34- INDEX Item #11 UP3012 Approved Condi- tionally Motion Ayes Noes Absent I� L_J COMMNSSIONERS MINUTES Ix ZONE: C -1 January 10, 1985 Beach APPLICANT: . Marcia Bentley, Studio City OWNERS: Paula Benbou and Howard G. Tucker, Balboa Planning Director Hewicker stated that this is a two year review of Use Permit No. 3012. Commissioner Person opened the public hearing. The applicant did not have a representative in the audience to speak on behalf of the use permit. The public hearing was closed at this time. Commissioner Koppelman made a motion to approve Use Permit No. 3012, subject to the findings and conditions of Exhibit "A ", 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. -35- INDEX � x C o r v mp a C 2 W m O 0 =r O b D O z O //�� (��(�' �I z x z m a a a m T m m v VI Ix ZONE: C -1 January 10, 1985 Beach APPLICANT: . Marcia Bentley, Studio City OWNERS: Paula Benbou and Howard G. Tucker, Balboa Planning Director Hewicker stated that this is a two year review of Use Permit No. 3012. Commissioner Person opened the public hearing. The applicant did not have a representative in the audience to speak on behalf of the use permit. The public hearing was closed at this time. Commissioner Koppelman made a motion to approve Use Permit No. 3012, subject to the findings and conditions of Exhibit "A ", 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. -35- INDEX 0 U Of CONDITIONS January 10, 1985 Beach 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 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 restaurant's 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. -36- MINUTES INDEX x x c o n x _ r v v m z c m y m z a x z r x C= z N O O o O W M O m > Z a z z r m 0 U Of CONDITIONS January 10, 1985 Beach 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 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 restaurant's 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. -36- MINUTES INDEX 0 COMMISSIONERS MINUTES E` x January 10, 1985 J c o x . v � v m MM M z a z m> T M City of Newport Beach C z m u g o 0 � 9 Ll CALL INDEX. 11. The use of video games on the premises shall. be prohibited. 12. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. a There being no further business, the Planning Commission adjourned at 10:50 p.m. JOHN KURLANDER, Secretary Newport Beach City Planning Commission -37- Adjourn ment