Loading...
HomeMy WebLinkAbout01/10/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers NO\ TIME: 7:30 P.M. o DATE: January 10, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present All Commissioners were present. (Commissioner Edwards arrived at 7:32 p.m.) x x x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney : x : William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • x x x Minutes of December 6. 1990: Minutes of 12/6/90 Motion * Motion was made and voted on to approve the December 6, Ayes * * * * 1990, Planning Commission Minutes. MOTION CARRIED. Absent * x x x Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. x x x Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, January 4, 1991, in front of City Hall. s x x x COMMISSIONERS January 10, 1991 MINUTES �A '\\' \CITY OF NEWPORT BEACH ROLL CALL INDEX Establishment of Grade (Continued Discussion) item No.1 Request to establish grade for the purpose of measuring building Establish heights on Parcels No. 2 and No. 3 of Resubdivision No. 936 in Grade accordance with Section 20.87.200 of the Municipal Code. withdrawn LOCATION: Lots 3, and 4, and a portion of Lot 5, Block 132, Corona del Mar, located at 2612 - 2616 Ocean Boulevard, on the northeasterly side of Ocean Boulevard, between Dahlia Avenue and Fernleaf Avenue, in Corona del Mar. ZONE: R -2 APPLICANT: Thomas L. Kistinger, Corona del Mar • OWNER: Same as applicant del Mar ENGINEER: Duca McCoy, Inc., Corona Mr. Roy Ward, appeared before the Planning Commission on behalf of the applicant. Mr. Ward stated that staff approved the redesign of the project, and inasmuch as the plan met the City's required height limit in relation to the existing grade, the revised plan would eliminate any discretionary approval by the Planning Commission. Therefore, the applicant requested that this matter be withdrawn from the Planning Commission agenda. Modification No. 3796 (Public Hearing,) Item No.2 Request to construct a wall and wrought iron fence that would Mod 3796 encroach 10 feet into the required 10 foot front yard setback along Approved Bamboo Street. Said fence would range from 6 feet± to 7 feet 6± Exhibit B inches in height, where the Zoning Code allows a maximum of 3 feet in height for any construction in the required 10 foot front yard setback. This application has been referred to the Planning • Commission by the Modifications Committee. -2- January 10, 1991 COMMISSIONERS MINUTES o �0 0 0 0 CITY OF NEWPORT BEACH ROLL CALL INDEX LOCATION: Lot 58, Tract No. 4893, located at 2515 Bamboo Street, on the northwesterly side of Bamboo Street, between Bixia Street and Bison Avenue, in Eastbluff. ZONE: R -1 -11 APPLICANT: Eugene A. Cerko, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Eugene A. Cerko, applicant, appeared before the Planning Commission. Mr. Cerko stated that the purpose of the subject Modification would allow him to appeal the application to the City Council inasmuch as the subject modification is the same proposal that was approved by the Planning Commission on October 18, 1990 (Modification No. 3729) but not to his satisfaction. In response to a question posed by Commissioner Person, Mr. Cerko replied that he submitted the required fee for the new modification. Discussion ensued regarding the appeal process that the subject modification would follow to City Council. In response to a question posed by Chairman Debay, Mr. Cerko replied that no additional work has been done on the project since the foregoing Planning Commission public hearing with the exception that the tree wells in the parkway have been filled. Mrs. Tracy Wolonsky, President of the Eastbluff Homeowner's Community Association, 2600 Basswood Street, appeared before the Planning Commission. She stated that said Association opposes the subject modification as requested by the applicant on the basis that the project would set a precedent inasmuch as the fence would abut the front property line. Mrs. Wolonsky stated that there is no opposition to the 5 foot front yard setback as approved by the Planning Commission in conjunction with Modification No. 3729. There being no others desiring to appear and be heard, the public . hearing was closed at this time. -3- January 10, 1991 COMMISSIONERS MINUTES 0 �O \ CITY OF NEWPORT BEACH ROLL CALL INDEX Motion Motion was made and voted on to approve Modification No. 3796 All Ayes subject to the findings and conditions in Exhibit 'B" (as approved by the Planning Commission for the previous Modification No. 3729). MOTION CARRIED. Finines 1. That the approval of the proposed 10 foot encroachment could set a precedent for the approval of other similar requests which could be detrimental to the neighborhood and to the streetscape. 2. That adequate landscaping has not been provided between the proposed block wall fence and the sidewalk, to serve as a buffer. 3. That the proposed construction will create a private front . yard enclosure to the sidewalk, where none of a similar nature exist in the neighborhood. 4. That the approved 5 foot front yard encroachment is consistent with other requests on Bamboo Street that have been approved by the Modifications Committee. Conditions 1. That development shall be in substantial conformance with the approved plot plan and elevations, except as noted in the following conditions. 2. That the proposed wall and wrought iron fence shall not exceed 6 feet in height, measured from the natural grade, in the required 10 foot front yard setback. 3. That the proposed wall and wrought iron fence shall maintain a 5 foot front yard setback. -4- January 10, 1991 COMMISSIONERS ,o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX A. Use Permit No. 3384 (Public Hearing) item No.3 Request to convert an existing 18 unit apartment development into ur3384 a residential condominium project on property located in the R -3- R948 B, P.R.D. District. AND Approved B. Resubdivision No. 948 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes so as to permit the conversion of an existing 18 unit apartment into a residential condominium project. . LOCATION: Lot 2, Tract No. 5425, located at 837 -871 Amigos Way, on the southeasterly side of Amigos Way, southerly of Domingo Drive, in the Eastbluff residential area. ZONE: R -3 -B, P.R.D. APPLICANT: William P. Ficker, Newport Beach OWNER: Same as applicant ENGINEER: Duca -McCoy Inc., Corona del Mar James Hewicker, Planning Director, addressed the results of the vacancy rate that was taken in April, 1990, which allowed condominium conversions. He stated that the Municipal Code indicates that in approving the conversion of an existing residential structure for condominium purposes that the building should be made to comply with current Building and Zoning Codes, and not the Codes that were in existence when the project was built. Mr. Hewicker stated that subsequent to when the subject property was developed there have been amendments to the Building Code wherein he explained the changes in the building requirements and • the improvements that the property owner would be required to make so as to meet the existing Building Code. Mr. Hewicker -5- COMMISSIONERS January. 10, 1991 MINUTES A 0 \' \\ db CITY OF NEWPORT BEACH ROLL CALL INDEX stated that the Building Department has identified the areas of the proposed conversion where the inspectors could visually observe the changes that would have to be made. He said that the Building Department submitted conditions that are life and safety items that should definitely be addressed and brought up to current Code, and other improvements were suggested that are of lessor importance that the Planning Commission could override on a 4/5 vote. Mr. Hewicker stated that the subject development meets the existing Building Code inasmuch as the only consideration is the change in the ownership from a rental unit to an ownership unit and no structural improvements are proposed by the applicant that would cause or trigger a provision in the Building Code that would require the property owner to automatically upgrade the units to current standards. Mr. Hewicker addressed Title 24 of the Building Code regarding energy conservation. In response to questions posed by Chairman Debay with respect to . the regulations when the development was built in 1968, Mr. Hewicker indicated that structural, seismic, and energy standards have been modified since 1968 when the project met the 1968 regulations. He further replied that there are no different standards between apartments and condominiums. In response to a question posed by Commissioner Glover regarding Finding No. 3, Section 20.73.035, contained in the staff report, Mr. Hewicker concurred that "A minimum of thirty percent of the existing tenants shall have expressed written interest in exercising their option to purchase a converted unit within the project at the price offered". In response to a question posed by Commissioner Glover regarding the organization of a Community Association, Mr. Hewicker replied that the. City does not become involved in the establishment of a condominium association; however, he said the State Division of Real Estate requires certain regulations. In response to a question posed by Commissioner Glover regarding the City's liability to allow the condominium conversion; Robin Flory, Assistant City Attorney, explained that the conditions submitted by the Building Department contain the structural requirements, and it is the responsibility of the property owner to sell the units to meet the City and Government Code requirements. Ms. Flory stated that the condominium conversion requirements -6- January 10, 1991 COMMISSIONERS Nj\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX that bring a development up to Code is a City imposed Ordinance, and a change in ownership does not automatically signal a requirement that the property be upgraded to the current Codes. Ms. Flory addressed the State regulations that are required to sell condominiums, and she said the liability is the responsibility of the sellers. Ms. Flory addressed the Building Code structural changes, and she. suggested that the Planning Commission consider Title 24, energy regulations, which are not contained in the staff report. In response to questions posed by Commissioner Merrill regarding the Condominium Conversion Ordinance, Mr. Hewicker explained the purpose of the Ordinance and the affect of condominium conversions on existing housing stock, and the stock of low and moderate income housing. Mr. Hewicker determined that primary concerns are health and safety. • Mr. Hewicker responded negatively to a question posed by Commissioner Pers6n regarding Condominium Conversion Ordinances by other Cities where the failure to enact an Ordinance had an affect on low and moderate income housing. Commissioner Pers6n suggested that the Planning Commission review the Ordinance for the purpose of repealing it inasmuch as the Ordinance does not have an affect on low and moderate income housing. In response to questions posed by Commissioner Pers6n regarding the availability of low and moderate income housing, Mr. Hewicker replied that the City has been successful in providing low and moderate income housing and the City is attempting to create more opportunities for ownership housing, and condominium conversions is one method to provide low income housing. In response to questions posed by Commissioner Edwards regarding the conditions contained in Exhibit "A", William Laycock, Current Planning Manager, explained that Use Permit No. 3384, Conditions No. 2 through No. 5, are mandatory Building Code improvements Conditions No. 6 through No. 11 are optional improvements that have been suggested by the Building Department in order to make the project fully comply with the • 1988 Uniform Building Code. Mr. Laycock explained that the -7- January 10, 1991 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Planning Commission has the option to not require Conditions No. 6 through No. 11. Discussion ensued between Commissioner Di Sano and Mr. Hewicker regarding building requirements and the transfer of ownership. Commissioner Pomeroy stated that to require that a condominium conversion be upgraded to the 1988 Uniform Building Code essentially makes the conversion impossible inasmuch as there is no practical way without the expense of demolishing the entire structure. Commissioner Pomeroy stated that the Condominium Conversion Ordinance should encourage affordable "for sale" housing, and he suggested that the Ordinance be reviewed as suggested by Commissioner Person. In response to Commissioner Pomeroy, Ms. Flory explained that Conditions No. 6 through No. 11, the optional Building Department conditions as previously . stated, bring the project up to Code for the safety or health features to make the development consistent with a new structure. Commissioner Pomeroy stated that the subject development was originally built so the units could be considered as condominium units inasmuch as separate sewer systems, sound walls, privacy and separation walls were installed in the project. The public hearing was opened in connection with this item, and Mr. William Ficker, applicant, appeared before the Planning Commission. Mr. Ficker stated that the Condominium Conversion Ordinance should be reviewed by the Planning Commission on the basis that the City holds the apartment owner to potential condominium conversion owner to a standard that is very difficult; however, he agreed that there should be an Ordinance to govern the Code regulations from apartments to condominiums. He did not disagree with the request to bring the structures up to Code because he said the subject buildings have consistently been well maintained and the buildings were constructed so as to comply with the building regulations. Mr. Ficker explained that because the circumstances and land values have changed that it is a good time to convert to condominiums. Mr. Ficker reviewed the Condominium Conversion Ordinance which states that "shall bring • it up to conditions required for 'new construction "'. He indicated that the statement should mean "bringing it up to existing Codes ", -8- COMMISSIONERS January.10, 1991 MINUTES A 0 �� CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX and he said that the development meets the existing Codes. He stated that the Codes recognize that things are different but not necessarily worse, and the Codes permit buildings to exist and change ownership. Mr. Ficker indicated that the Building Code does not state that the building shall be brought up to standards when the building is sold, and he emphasized that the units will be sold as they currently exist. In response to questions posed by Chairman Debay, Mr. Ficker concurred with the findings and conditions in Exhibit "A ". He further responded that the price of the condominiums are proposed to be between $150,000.00 to $200,000.00, including the land. Discussion ensued between Chairman Debay and Commissioner Pers6n regarding the allowance of condominium conversions so as to fill the gap for affordable housing. Commissioner Pers6n stated that to allow condominium conversions would not fill in the gap for affordable housing as much as condominium conversion would promote the ownership of property. Commissioner Pomeroy addressed Finding No. 1 in Exhibit "A", Use Permit No. 3384, 'That as conditioned, the project will comply with all applicable standard plans and specifications, and adopted City and State Building Codes for new buildings." Mr. Ficker, the Planning Commission, Ms. Flory, and Mr. Hewicker discussed the interpretation of 'as conditioned' and 'for new buildings' contained in the Finding and the 1988 Uniform Building Code requirements. Following the discussion, Mr. Hewicker suggested that the Finding be modified to state 'That as conditioned, the project will comply with all applicable standard plans and specifications, and adopted City Building Codes." The Planning Commission and Mr. Ficker concurred with the recommendation. In response to a question posed by Commissioner Edwards regarding Conditions No. 1 through 11, in Exhibit "A", Use Permit No. 3384, as previously discussed, Mr. Ficker replied that he agreed with the Building Department's mandatory and optional conditions. Ms. Flory addressed Title 24, and the Government Code regulations under the Subdivision Map Act that need to be complied with for condominium conversion, and she suggested that -9- COMMISSIONERS January 10, 1991 MINUTES o 0 db '\ CITY OF NEWPORT BEACH ROLL CALL INDEX an additional condition under Use Permit No. 3384, stating 'That the applicant shall comply with the Subdivision Map Act and all other applicable State Laws and Regulations for condominiums." Commissioner Pomeroy addressed Title 24, Energy Regulations, as referred to in the foregoing condition, and he indicated that it would be difficult to comply with said condition because it would mean that the building would have to practically be 'tom apart'. Following a discussion between Mr. Ficker, Commissioner Pomeroy, and Ms. Flory regarding the Building Department discussion with Mr. Ficker regarding Title 24 requirements and meeting energy regulations, Mr. Ficker and Ms. Flory agreed that it would be the Building Department's decision to evaluate the buildings and what is required. Commissioner Merrill commented that the development's louvered windows are energy losers and they are not safe. Mr. Ficker explained that the windows that are located adjacent to Jamboree Road will be replaced because the louvered windows let in an excessive amount of noise. He further explained that there is not a lot of glass area per square footage in each unit. Mr. Ficker referred to Condition No. 11, in Exhibit "A ", Use Permit No. 3384, that because the condition requests exits from bedrooms, windows will have to be removed. Mr. Ficker further explained that louvered windows are permitted in Newport Beach. Commissioner Merrill and Commissioner Pomeroy discussed. the feasibility of installing louvered windows under the policies of Title 24. Commissioner Glover referred to the foregoing Finding No. 1, in Exhibit "A ", Use Permit No. 3384, and she asked for Mr. Ficker's interpretation of said Finding. Mr. Ficker explained that the project will comply as it is conditioned. Commissioner Glover asked if "for new buildings" would be deleted in the foregoing finding as previously suggested, would that be in accordance with the 1970 condominium conversion regulations. Mr. Hewicker explained that in order to comply with the wording in the Zoning Ordinance pertaining to condominium conversions, the Planning Commission would have to waive some structural and energy requirements. Ms. Flory indicated that the Ordinance requests to make the buildings current and to comply with the Uniform • Building Code. Mr. Hewicker suggested that the applicant be required to comply with Title 24, energy and structural Building -10- COMMISSIONERS January 10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX Code regulations for new construction except where otherwise modified by the Building Official, to the affect that it would require changes which were ordinary and reasonable but not require the building to be torn down but would allow the Building Official to determine the necessary construction. Ms. Flory stated that the findings and conditions in Exhibit "A' is. a determination by the Building Official as to the applicable State Building Codes. Ms. Flory recommended that 'for new buildings' remain in the foregoing Finding No. 1 because it matches the Ordinance, and if the Planning Commission makes a determination that is based on the information provided as conditioned, it meets the applicable Building Codes. Commissioner Edwards stated that the Planning Commission is making the finding, and that is why Conditions No. 1 through 11 are important. Commissioner Glover stated that she would be comfortable to allow Finding No. 1, Use Permit No. 3384, to remain in Exhibit "A" as it currently exists. Mr. Ficker stated that building safety should be the responsibility of the Building • Department. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3384 and Resubdivision No. 948 subject to the findings and conditions in Exhibit "A", including the foregoing added Condition No. 22 regarding the Subdivision Map Act. In response to a question posed by the maker of the motion, Ms. Flory and Mr. Hewicker discussed adding Condition No. 23 to Use Permit No. 3384, Exhibit "A ", that states the applicant shall comply with Title 24 of the California Administrative Code to the degree required by the Building Official considering the condition of the building. Mr. Ficker concurred with the foregoing recommended condition. Motion was voted on to approve Use Permit No. 3384 and Resubdivision No. 948 subject to the findings and conditions in Exhibit "A ", including added Conditions No. 22 and No. 23. All Ayes MOTION CARRIED. • -11- COMMISSIONERS January.10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX A. Use Permit No. 3384 Findines: 1. That as conditioned, the project will comply with all applicable standard plans and specifications, and adopted City and State Building Codes for new buildings. 2. That the existing development meets or exceeds the minimum development standards required for the R -3 -B District. 3. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the existing development. 4. That the project lot size conforms to the Zoning Code area • requirements in effect at the time of approval inasmuch as the lot is in excess of 6,000 square feet in area. 5. That the project is consistent with the adopted goals and policies of the General Plan. 6. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. That there are no residents in the existing apartment complex who are fixed income elderly tenants or handicapped. 8. That the existing tenants whose income are below 120% of the County's median income will be permitted to remain as renters for a period of one year. • -12- COMMISSIONERS January 10, 1991 MINUTES A CITY OF NEWPORT BEACH ROLL CALL INDEX 9. That a minimum of 30% of the existing tenants have expressed written interest in exercising their option to purchase a converted unit within the project. 10. 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. 11. That public improvements may be required of a developer per Section 19.80.060 of the Municipal Code. Conditions: 1. That the project shall be in substantial conformance with the submitted site plan, floor plans and elevations, except as noted below. 2. The applicant shall install separate building sewers from each unit, and make separate connections to City lateral or provide a common ownership maintenance agreement on sewer sections located on private property and common to all owners. 3. That the applicant shall install separate water meters to each unit. 4. That the applicant shall install demising walls between each unit must be made one hour from floor to roof, including attic areas. 5. That the applicant shall replace and /or install handrails at required height and handgrip per Section 33060) of the 1988 U.B.C. 6. That the applicant shall install a pressure temperature relief valve and piping that terminates outside of the building on all water heaters. . 7. That the applicant shall install ground fault protection on electrical outlets located in the vicinity of sinks and tubs in -13- January 10, 1991 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL 11 Jill 11 INDEX kitchens and bathrooms, as well as at all outside and garage locations. 8. The applicant shall install ground wires in flexible electrical conduits. 9. The applicant shall install a back -up ground rod at all electrical services and shall be attached to a ground system._ 10. That the applicant shall install smoke detectors at the entry to the downstairs bedrooms and at top of stairs leading to upstairs bedrooms and shall receive their primary power from a commercial source. 11. That the applicant shall provide an escape /rescue window to each bedroom with a net openable area of 5.7 square feet . and a maximum sill height of 44 inches above the floor. 12. That all conditions of Resubdivision No. 948 shall be fulfilled. 13. That evidence be submitted to the Planning Department indicating that the existing tenants whose incomes are below 120% of the County's median income will be permitted to remain as renters for a period of one year from the date of approval. 14. That prior to the recordation of the parcel map, the applicant shall provide written evidence to the City, that at least four (4) of the existing tenants within the project have expressed interest to purchase their units for a specific sales price. 15. That all improvements be constructed as required by Ordinance and the Public Works Department. 16. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building • permit or record the parcel map prior to completion of the public improvements. -14- January .10, 1991 COMMISSIONERS \�\\ N$ CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill I INDEX 17. That the existing drive approach on Amigos Way be reconstructed with a minimum "W" width of 24 inches; that the existing on -site storm drain system outletting into the Jamboree Road right -of -way be redesigned to combine the existing drains into one parkway box unless otherwise approved by the Public Works Department. Said installation shall replace the existing "V" ditch adjacent to Jamboree Road with storm drain pipe and connecting the existing roof drain on the northerly garage structure adjacent to Jamboree Road (that now outlets onto the slope) to the storm drain system. All work shall be completed under an Encroachment Permit issued by the Public Works Department. 18. That an on -site hydrology and hydraulics study be prepared by the developer and approved by the Public Works Department and the Building Department. Any • modifications or extensions to the existing storm drain system shown to be required by the study shall be the responsibility of the developer. 19. That landscaping be provided on the slope adjacent to Jamboree Road and that the existing trees be maintained to keep a minimum two (2) feet horizontal and twelve (12) feet vertical clear distance from the back of existing sidewalk. 20. That a sound attenuation study be performed using the projected master plan traffic volumes and that all units exposed to exterior noise levels higher than the 65 CNEL shall be modified to achieve interior noise levels no greater than 45 CNEL. Prior to the recordation of the parcel map, a registered engineer practicing in acoustics shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. 21. That this use permit shall expire unless exercised within 24 months from the date of approval as speed in Section 20.80.090A of the Newport Beach Municipal Code. -15- January 10, 1991 COMMISSIONERS .o CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill I INDEX 22. That the applicant shall comply with the Subdivision Map Act and all other applicable State Laws and Regulations for condominium conversions. 23. The applicant shall comply with Title 24 of the California Administrative Code to the degree required by the Building Official considering the condition of the building. B. Resubdivision No. 948 Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be recorded, and that the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements required of Use Permit No. 3384 be completed prior to the recordation of the parcel map unless otherwise approved by the Public Works Department. 3. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • x x s -16- January 10, 1991 COMMISSIONERS MINUTES �p \\;o0 0 � CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3391 (Public Hea&-Z) Item No.4 Request to permit the establishment of a classroom instructional UP3391 facility which will include a personal computer training lab and administrative offices on property located in the M -1 -A District. Approved LOCATION: Lots 11, 12, 50 and 51, Tract No. 3201, located at 2026 Quail Street, on the northeasterly side of Quail Street, between Campus Drive and Birch Street, across from the John Wayne Airport. ZONE: M -1 -A APPLICANT: Coast Community College District, Fountain Valley • OWNER: Campus Square, Newport Beach The public hearing was opened in connection with this item, and Ms. Charlanne T. Jelen Nee appeared before the Planning Commission on behalf of the applicant. Ms. Nee stated that the subject site will be used for a computer classroom. Ms. Nee concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3391 All Ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. Findings: 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. That the number of parking spaces provided is more than . adequate for the institutional facility. -17- January 10, 1991 COMMISSIONERS MINUTES �0 ' '' \ CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions 1. That the use of the facility shall be consistent with the approved plot plan and floor plan. 2. That the total number of students shall not exceed 25 persons in the building at any one time. Any additional increase in the number of students shall be subject to approval of an amendment to this use permit. 3. That the final parking design and layout shall be approved by the City Traffic Engineer. The parking lot shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 4. That all employees shall park their vehicles on -site at all times. S. That a sign be posted on the business frontage on Quail Street which advises patrons of the availability and location of parking spaces at the rear of the building. 6. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -18- January 10, 1991 COMMISSIONERS MINUTES �O \CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3403 (Public Hearing) item No.5 Request to permit the establishment of a retail coffee sales facility UP3403 which includes the sale of take -out beverages and pastries with incidental seating on property located in "General Commercial Site Approved 1" of the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off -street parking spaces. LOCATION: Lot 2, Tract No. 7694, located at 3601 Jamboree Road, on the northwesterly comer of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. • ZONE: P -C Inc., Tustin APPLICANT: Rengel + Company Architects, OWNER: Champion Development Company, Long Beach Robin Flory, Assistant City Attorney, referred to Condition No. 2, in Exhibit "A", Use Permit No. 3403, and she suggested that said condition include "6 parking spaces are required" for reason of clarification. Ms. Flory commented that said condition waives 27 parking spaces and 6 parking spaces are required. William Laycock, Current Planning Manager, explained that one parking space is required for each 50 square feet of floor area, but because the establishment is a take -out restaurant that consists of a very large area with few seats, it is recommended that the 27 parking spaces be waived. The public hearing was opened in connection with this item, and Mr. Don Holly, representing Diedrich Coffee, appeared before the Planning Commission. Mr. Holly explained that the subject facility would be the third Diedrich Coffee Shop in Orange County, and it will relieve the demand from the Costa Mesa facility in addition to . serving the residents and commercial employees in the adjacent area. Mr. Holly stated that the peak hours are between 7:00 am. -19- COMMISSIONERS January 10, 1991 MINUTES �A CITY OF NEWPORT BEACH ROLL CALL INDEX and 10:00 a.m. and the facility could be considered "Specialty Foods" inasmuch as large areas of space are not used for a restaurant use. He said that 250 square feet would be used as a coffee roasting area. Mr. Holly concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3403 subject to the findings and conditions in Exhibit "A". Commissioner Glover expressed her support of the Diedrich Coffee establishment. All Ayes Motion was voted on; MOTION CARRIED. • FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. 4. That the waiver of the development standards as they pertain to walls and a portion of the required parking will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3403 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. -20- COMMISSIONERS January 10, 1991 MINUTES 0 d A N �' CITY OF NEWPORT BEACH ROLL CALL III Jill INDEX 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the development standards pertaining to walls and all of the required additional parking spaces (27 spaces) shall be waived; however, the applicant shall provide 6 parking . spaces. 3. That the seating and dining area shall be incidental to the take -out restaurant and any introduction of table service will require an amendment to Use Permit No. 3403. Seating and /or counter space for no more than 12 customers shall be permitted. 4. That no cooking or preparation of food other than coffee, soft drinks, baked goods, or similar items shall be permitted without an amendment to this use permit. 5. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 6. That grease interceptors shall be installed on all fixtures in the take -out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. -21- COMMISSIONERS January 10, 1991 MINUTES �O %\0\ A CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX 8. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 9. That all mechanical equipment and trash areas shall be screened from Bristol Street North, Jamboree Road and adjoining properties. 10. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 11. That the employees shall park their vehicles on -site at all times. • 12. That all improvements be constructed as required by Ordinance and the Public Works Department. 13. That all vehicular access rights to Bristol Street North, except at the new driveway, be released and relinquished to the City of Newport Beach by the Owner. 14. That an access ramp be constructed at the corner of Bristol Street North and Dove Street and at the drive aprons on Bristol Street North and on Dove Street; that cracked and displaced sections of sidewalk be reconstructed along the Dove Street, Bristol Street North and Jamboree Road frontages; and that the broken water meter box be replaced on Dove Street. That all work be completed under an encroachment permit issued by the Public Works Department on Dove Street and Jamboree Road and under a Caltrans Encroachment Permit on Bristol Street. 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit*upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. -22- COMMISSIONERS January 10, 1991 MINUTES 0 0 �O �� A "" CITY OF NEWPORT BEACH ROLL CALL INDEX 16. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3404 (Public Hearing) Item No.6 Request to establish a church facility within an existing office UP3404 building located in "Professional and Business Offices Sites 1 and 2" in the Newport Place Planned Community. Approved LOCATION: Parcel 1 of Parcel Map 59 -22 (Resubdivision No. 429) located at 901 Dove Street, on the northwesterly comer of Dove Street and Quail Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Religious Science Newport, Costa Mesa OWNER: Warren L. Bauer, Newport Beach The public bearing was opened in connection with this item, and Dr. Juanella Evans appeared before the Planning Commission on behalf of the applicant. Chairman Debay stated that she had received two telephone calls in support of the application. Dr. Evans concurred with the findings and conditions in Exhibit "A'. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Use Permit No. 3404 All ayes subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. • -23- COMMISSIONERS January 10, 1991 MINUTES pow 0 CITY OF NEWPORT BEACH ROLL CALL III fill INDEX Fin in s: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That adequate off - street parking and related vehicular circulation are provided in conjunction with the existing office complex and proposed church facilities. 3. That the approval of Use Permit No. 3404 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. • Conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That any outdoor trash containers shall be screened from view of adjoining properties and public streets. 3. That no private school program or day care facility shall be permitted on -site without approval of an amendment to this use permit application. 4. That any increase in the size of the assembly /sanctuary area (1,400 sq.ft.) shall require an amendment to this use permit. 5. That a minimum of 40 parking spaces shall be provided on- site for the proposed facility during worship services on weekends and that any services during the week shall not be permitted without approval of an amendment to this use permit. 6. That the size of any classes shall be restricted so that no • more than 10 students or teachers shall occupy the facility at any one time prior to 6:00 p.m. during the week. -24- January 10, 1991 COMMISSIONERS MINUTES � o O \ CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That all employees and parishioners shall park on -site. 8. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. A. Use Permit No. 3405 (Public Hearing) Item No.7 Request to convert an existing duplex into a residential UP3405 condominium project on property located in the R -2 District. R949 AND Approved B. Resubdivision No. 949 (Public Hearing) Request to resubdivide one lot and a portion of a second lot into a single parcel of land for residential condominium purposes on property located in the R -2 District. LOCATION: Lot 8 and a portion of Lot 7, Block 131, Corona del Mar, located at 2500 -2502 Ocean Boulevard, on the northeasterly corner of Carnation Avenue and Ocean Boulevard, in Corona del Mar. ZONE: R -2 APPLICANT: Kent S. Moore, Corona del Mar OWNER: Same as applicant -25- January 10, 1991 COMMISSIONERS MINUTES 6110\ CITY OF NEWPORT BEACH ROLL CALL INDEX ENGINEER: Alpine Consultants, Inc., Laguna Hills William Laycock, Current Planning Manager, suggested that Conditions No. 2 and No. 14, in Exhibit "A ", Use Permit No. 3405, be modified to state "unless otherwise modified by the Building Department.". Mr. Laycock stated that instead of replacing the hand rails as requested in Condition No. 2, that a modification could be made so the hand rails would not have to be removed. In reference to Condition No. 14 regarding the escape window, Mr. Laycock explained that the Building Department would not require the maximum of 44 inches sill height. The public hearing was opened in connection with this item, and Mr. Kent Moore, applicant, appeared before the Planning Commission. Mr. Moore stated that he spent approximately $8,000.00 to hire two Engineers prior to the Planning Commission • meeting, and he is concerned about incurring additional expense to reconstruct his building unnecessarily so as to provide the additional required fourth parking space. Mr. Moore said that there is ample parking in the area and he requested the Planning Commission approve Exhibit "A ", requiring only three parking spaces. He indicated that he would accept Exhibit 'B" which requires four parking spaces, reluctantly. Mr. Moore and Mr. Hewicker discussed requirements concerning Title 24, Energy Requirements, that were added to Use Permit No. 3384, Item No. 3, during the subject Planning Commission meeting. Mr. Hewicker stated that the difference between the subject application and the foregoing item is that the subject application does not provide adequate parking for each dwelling unit. Mr. Hewicker advised that the parking requirements in Corona del Mar now meet the Coastal Commission parking requirements for new construction in the Coastal zone. Mr. Moore asked that the conditions pertaining to Title 24, Energy Requirements, that were added to the aforementioned use permit be included in the subject application. Staff concurred with the request. In response to a question posed by Mr. Moore, William Laycock, Current Planning Manager, explained that Conditions No. 2 through 9 in Exhibits "A' and "B" for Use Permit No. 3405 are mandatory Building Code improvements and Conditions No. 10 -26- January. 10, 1991 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL III Jill INDEX through 15 of said exhibits are optional improvements that have been suggested by the Building Department. He stated that only the Planning Commission has the option to waive the foregoing conditions, and not the Building Department. Commissioner Pomeroy stated that Conditions No. 10 through No. 15 are health and safety requirements that are reasonable to comply with. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3045 and Resubdivision No. 949 with the findings and conditions in Exhibit W (requires four parking spaces), amending Conditions No. 2 and No. 14 and adding Condition No. 22 regarding the Subdivision Map Act and No. 23, regarding Title 24, Energy Requirements, to Use Permit No. 3045. • Commissioner Edwards supported the motion based on the proposed plan. All Ayes Motion was voted on, MOTION CARRIED. Findings: 1. That as conditioned, the project will comply with all applicable standard plans and specifications, and adopted City and State Building Codes for new buildings. 2. That the existing front and side yard building encroachments are minor in nature and will not be objectionable to surrounding property owners. 3. As conditioned, the proposed condominium project will comply with the existing parking standard for the R -2 District in Corona del Mar. 4. That the project lot size conforms to the Zoning Code area requirements in effect at the time of approval inasmuch as • the lot is in excess of 5,000 square feet in area. -27- January 10, 1991 COMMISSIONERS No o �O y� A ' CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 5. That the project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. 6. That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or he detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. That there are no residents in the existing duplex who are fixed income elderly tenants or handicapped. 8. That the existing tenants whose income are below 120% of the County's median income will be permitted to remain as • renters for a period of one year. 9. That one of the two units is owner occupied, and therefore, represents 50% of the existing tenants. Conditions: 1. That the project shall be in substantial conformance with the submitted site plan, floor plans and elevations, except as noted below. 2. That the applicant shall replace non - complying exterior hand rails and guard rails, height and gripable area, unless otherwise modified.by the Building Department. 3. That the applicant shall install tempered glass in entry doors. 4. That the applicant shall install pressured temperature relief valve on the second floor water heater. 5. That the applicant shall install grounding means for two • electric distribution subpanels. -28- January 10, 1991 COMMISSIONERS MINUTES 0\ �N"\ CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX 6. That the applicant shall remove romex from unprotected areas of the garage and penetration of the fire -wall between the living area and the garage. 7. The applicant shall install separate building sewers from each unit, and make separate connections to the City lateral. 8. The applicant shall install separate water meters. 9. That the applicant shall install overcurrent protection for unfused conductors in the garage from the Edison meter to the house subpanels. 10. That the applicant shall add a second electrical circuit for convenience receptacles in both kitchens. 11. That the applicant shall install ground fault protection to • all kitchen, bathroom, garage, and ground floor exterior receptacles. 12. That the applicant shall hard wire all smoke detectors. 13. That the applicant shall add smitty pan and seismic strapping to both water heaters. 14. That the applicant shall provide an escape window to each bedroom with a minimum 5.7 square foot openable area and maximum of 44 inches sill height, unless otherwise modified by the Building Department. 15. That the applicant shall install separate circuits for the garage door opener. 16. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 17. That only two dwelling units shall be permitted on the site. 18. That all conditions of Resubdivision No. 949 shall be fulfilled. -29- January 10, 1991 COMMISSIONERS p d CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 19. That evidence be submitted to the Planning Department indicating that the existing tenants whose income is below 120% of the County s median income will be permitted to remain as a renter for a period of one year from the date of approval. 20. That the applicant shall provide two parking spaces for each dwelling unit in conformance with the requirements of Section 20.15.070 of the Newport Beach Municipal Code. 21. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 22. That the applicant shall comply with the Subdivision Map Act and all other applicable State Laws and Regulations for • condominium conversions. 23. The applicant shall comply with Title 24 of the California Administrative Code to the degree required by the Building Official considering the condition of the building. B. Resubdivision No. 949 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section • 66415 of the Subdivision Map Act. -30- COMMISSIONERS January 10, 1991 MINUTES � s o a OO \O' \ CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX CONDMONS: 1. That a parcel map be recorded, and that the parcel map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and • sewer systems unless otherwise approved by the Public Works Department. 5. That a 10 foot radius comer cutoff at the comer of Carnation Avenue and Ocean Boulevard be dedicated to the public. 6. That the existing curb return at the corner of Carnation Avenue and Ocean Boulevard be reconstructed with a 20 foot radius return and a curb access ramp included per City Standard 181 -L; that the displaced sections of sidewalk be reconstructed and all of the curb reconstructed along the Ocean Boulevard and the Carnation Avenue frontages; that the trees along the Carnation Avenue frontage be root pruned as approved by the Parks, Beaches and Recreation Department; and that the bricks in the Carnation Avenue parkway be relayed to grade or removed. All work shall be completed under an encroachment permit issued by the Public Works Department. 7. That all vehicular access to the property be from- the adjacent alley unless otherwise approved by the City • Council. -31- January 10, 1991 COMMISSIONERS MINUTES 'rA d� d CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX 8. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 9. That the intersection of Carnation Avenue and the alley be designed to provide adequate sight distance. The sight plane line shall be measured from 5 feet behind street right- of -way at the alley setback line and project 15 feet along the property line on Carnation Avenue. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight plane shall not exceed twenty-four inches in height. 10. That all conditions of Use Permit No. 3405 shall be fulfilled prior to the recordation of the parcel map. 11. That this resubdivision shall expire if the map has not been • recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Use Permit No. 3406 (Public Hearin¢1 Item No.B Request to permit the establishment of a restaurant with on -sale UP3406 alcoholic beverages on property located in "General Commercial Site No. 1" of the Newport Place Planned Community. npprovea LOCATION: Lot 2, Tract No. 7694, located at 3601 Jamboree Road, on the northwesterly corner of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Robert H. Benson, Laguna Hills OWNER: Champion Development Company, Long Beach -32- COMMISSIONERS January.10, 1991 MINUTES � a N � CITY OF NEWPORT BEACH ROLL CALL INDEX William Laycock, Current Planning Manager, addressed the revised parking layout that was provided by the applicant previous to the subject public hearing showing seven additional parking spaces that were added to the 188 previous parking spaces, for a total of 195 parking spaces. Mr. Laycock stated that if the Planning Commission approved the request in conjunction with Exhibit "A", there would be seven excess parking spaces over and above the required spaces. He indicated that if the Planning Commission approved Exhibit "B" where staff recommended 1 parking space for each 40 square feet of "net public area ", the seven additional parking spaces would bring the total to 1 parking space for each 41.14 or 412 square feet of "net public area ". Mr. Laycock further explained if the applicant reduced the "net public area" of the restaurant by 46 square feet of what is proposed, then one parking space for each 40 square feet of "net public area" would be met, and staff would recommend that Condition No. 12, Exhibit "B" be amended and delete "This condition will require the "net public • area" of the restaurant to be reduced so as not to exceed 1,320 square feet, unless an amendment to this use permit is first approved by the Planning Commission. ". Mr. Laycock indicated that if the Planning Commission requested to retain the proposed square footage, then the condition in Exhibit 'B" should be amended to "..one parking space for each 41.2 square feet.. ". Commissioner Edwards pointed out that Finding No. 4 in Exhibit "B" should also be amended to "..one parking space for each 412 square feet..". Mr. Laycock explained that the applicant added the seven parking spaces by deleting some of the landscaped areas within the parking lot. He indicated that one tree for every five parking spaces is required and the revised plans show that trees are proposed for the area. In response to a question posed by Chairman Debay, Mr. Laycock stated that the property owners will be requesting another Specialty Food establishment in the shopping center in the future, and the facility would require one parking space for each 250 square feet of floor area. • In response to a question posed by Commissioner Glover regarding the number of food establishments that are proposed for the -33- January. 10, 1991 COMMISSIONERS MINUTES No � o� °� p0 \ • CITY OF NEWPORT BEACH ROLL CALL III Jill I INDEX subject site, Mr. Laycock explained that at least three restaurants and two Specialty Food establishments are proposed for the shopping center. The public hearing was opened in connection with this item, and Mr. Robert Benson, applicant, appeared before the Planning Commission. Mr. Benson stated that the franchise restaurant would specialize in Italian cuisine. Mr. Benson concurred with the findings and conditions in Exhibits "A" and "B ". Mr. John Champion, property owner, appeared before the Planning Commission. Mr. Champion distributed information regarding future tenants, uses, and peak hours so as to clarify peak parking demand in the shopping center. Mr. Champion indicated that the development would provide from 188 to 195 parking spaces, the tenant mix would not create congestion at one time, two restaurants would provide sit down service, and four or five • Specialty Food establishments are proposed. Mr. Champion stated that the development is proposed to be a "quick in and out arrangement" with complimentary uses. He determined that based on the development's square footage and the parking spaces provided on site, that the parking is better than 5.5 per thousand square feet and future uses could be accommodated. In response to a question posed by Mr. Hewicker, Mr. Champion explained the ingress /egress that would be used by employees coming from the adjacent business district. Mr. Hewicker and Don Webb, City Engineer, agreed that the proposed uses would relieve the traffic to other take -out restaurants in the area. Mr. Champion requested that the Planning Commission approve 188 parking spaces as suggested in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 3406 subject to the findings and conditions in Exhibit "B" with 195 parking spaces as amended in the aforementioned Finding No. 4 and Condition No. 12. -34- January 10, 1991 COMMISSIONERS MINUTES a � : �� A ��' ' �. CITY OF NEWPORT BEACH ROLL CALL 11 Jill 11 INDEX Commissioner Pers6n indicated that it would not be necessary for the applicant to delete 46 square feet. The maker of the motion concurred. Motion was voted on, MOTION CARRIED. All Ayes FINDINGS: 1. That the proposed restaurant, with a reduction in the "net public area ", is consistent with the General Plan and the Newport Place Planned Community Development Standards, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served • with the expanded on -site parking. 4. That the parking requirement of one parking space for each 41.2 square feet of "net public area" is appropriate in this case and is consistent with the approval of previous restaurants in the City and within the same shopping center. 5. 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. 6. That public improvements may be required of the developer in accordance with Section 20.80.060 of the Municipal Code. 7. That the waiver of development standards as they pertain to walls will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 8. That the approval of Use Permit No. 3406 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 -35- January 10, 1991 COMMISSIONERS MINUTES .o ' CITY OF NEWPORT BEACH ROLL CALL INDEX detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted in the following conditions. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That all vehicular access rights to Bristol Street North, except at the new driveway, be released and relinquished to the City of Newport Beach by the property owner. 4. That an access ramp be constructed at the corner of Bristol Street North and Dove Street and at the drive aprons on Bristol Street North and on Dove Street. That cracked and displaced sections of sidewalk be reconstructed along the Dove Street, Bristol Street North and Jamboree Road frontages, and that the broken water meter box be replaced on Dove Street. That all work be completed under an encroachment permit issued by the Public Works Department on Dove Street and Jamboree Road and under a Caltrans Encroachment Permit on Bristol Street North. 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control • smoke and odor to the satisfaction of the Building Department. -36- COMMISSIONERS January 10, 1991 MINUTES A CITY OF NEWPORT BEACH ROLL CALL INDEX 8. That restaurant development standards pertaining to walls shall be waived. 9. That dancing or live entertainment shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees shall be required to park on- site at all times. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 12. That one parking space for each 41.2 sq.ft. of "net public area" in the restaurant facility shall be provided on -site. 13. That the Planning Commission may add or modify conditions of approval to the 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. 14. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Amendment No. 722 {Public Hearinel Item No.9 Request to amend Title 20 of the Newport Beach Municipal Code A722 so as to require a public hearing for the establishment of grade and to establish appropriate application procedures for the to 1on 1 //22 t4/91 consideration of such a request. • INITIATED BY: City of Newport Beach -37- COMMISSIONERS January 10, 1991 MINUTES .a d o3c*d� �d A N \0 q� CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, addressed proposed Amendment No. 722, Findings (1), wherein he suggested an addition to said finding that would include 'the proposed grade being requested by the applicant would also not allow a building which was not compatible with the neighborhood. Commissioner Person asked if a Site Plan Review would be necessary for each application. Robin Flory, Assistant City Attorney, explained that the previous establishment of grade applications did not determine the structure that would be constructed on the site, once the establishment of grade bad been approved. She suggested that the Planning Commission consider approval of design with the establishment of grade. Commissioner Person requested that a Site Plan Review be incorporated in the process, and he suggested that Amendment No. 722 be brought . back to the Planning Commission for further review. Commissioner Pomeroy submitted drawings to the Planning Commission wherein he explained that the drawing shows a typical straight line from the front of the property to the rear of the property, and a depression that may occur in the middle of the lot because of a furnace or a basement that may have existed on the property. He suggested that discretion be given to the Planning staff that might allow two or three feet that could be adjusted or whatever would be appropriate so it would not force unreasonable building construction on property owners. He concurred that a property owner should not be allowed to build a structure that would be out of character with the other buildings in the area. In response to a question posed by Commissioner Edwards, Commissioner Pomeroy replied that total absolute discretion would not be given the Planning Department but he would not have a problem with that because staff would have an understanding with natural grade. Motion * Motion was made and voted on to continue Amendment No. 722 All ayes to the January 24, 1991, Planning Commission meeting. MOTION CARRIED. -38- COMMISSIONERS January 10, 1991 MINUTES A ,p N I � A � CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Discussion Item: Discussion Item No. 1 Amendment No. 723 Request to amend Districting Map No. 39 so as to reclassify Lots 1 -19 of Tract No. 5429 from the R -3 -B (P.R.D.) District to the A723 — MFR District and establish dwelling unit limits for each parcel. PH set for 2/7/91 Motion ' Motion was made and voted on to set Amendment No. 723 for All Ayes public hearing on February 7, 1991. MOTION CARRIED. t : : • ADDITIONAL BUSINESS: Add l 1 The Planning Commission directed staff to review the Residential Business Condominium Ordinance for possible revisions to the sections Condominiw pertaining to residential condominium conversions, and to bring the Ordinance suggestions back to the Commission for review. Commissioner Pers6n directed Assistant City Attorney Flory to investigate the legality of the City requiring a residential condominium conversion project on a lot with a minimum area of 5,000 square feet when the Municipal Code permits a new residential condominium development on a lot with only 2,000 square feet of land area. Planning Director Hewicker informed the Planning Commission that the Planning Commissioners Institute will be held in Monterey PC Institute the week of March 18, 1991. -39- COMMISSIONERS January 10, 1991 MINUTES 0 �' ' CITY OF NEWPORT BEACH ROLL CALL INDEX ADJOURNMENT: 9 :45 p.m, Adjounrn s * r THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • -40-