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Home My WebLink About01/21/1982COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers Time: 7:30 p.m. . c Date: January 21, 1982 m_ W [so a m City of Newport Beach LL CALL INDEX X * X flxlx New Planning Commissioner, Mr. John Kurlander, was present. Chairman McLaughlin was absent. Commissioner Balalis was present at 7:50 p.m. Motion Ayes AWin nt r :. l EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Acting City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary x x x APPROVAL OF THE MINUTES Commissioner Beek referred to the Minutes of January 7, 1982., Page 14, third paragraph,_ and stated that Vice - Chairman King's suggestion that the bar area remain proportionately the same size, with the reduction of square footage now being imposed by the reduced parking ratio, should be included as a condition of approval to Use Permit No. 1965. Vice - Chairman King stated that it was the intent of the Commission to include this in the motion as a condition of approval. Planning Director Hewicker referred to pages 41 and 42 of the January 7, 1982 Minutes and stated that the wording of the motion should be revised to reflect that the Planning Commission recommend to the City Council that the requested General Plan Amendment be initiated. He stated that the Planning Commission action on this particular item, was a recommendation only, to the City Council. X Motion was made to approve the Minutes of the Regular X X Planning Commission Meeting of January 7, 1582, as. X X revised, which MOTION CARRIED. x x x -1- 1AMISSIONERS MINUTES January 21, 1982 F ca City of Newport Beach 1 MLL CALL 1 1 1 1 1 1 1 1 1INDEX Vice - Chairman King ruled that Items No. 11, 12 and 13 be heard after Item No. 3 on the Agenda. x * Staff advised the Commission of the following requested continuances, to the Regular Planning Commission Meeting of February 18, 1982: Item No. 3 - Resubdivision No. 707; and, Item Nos. 17 and 18 - Use Permit No. 2059 and Tentative Map of Tract No. 11744. Motion I I I 11 J* I Motion was made to directItem Nos. 17 and 18 to CEQAC A11 Ayes. * X X X * (Citizens Environmental Q ualit Advisor Committee) , for their comments and recommendations, which MOTION CARRIED. Request to consider a Traffic Study for a proposed Item #1 65,000 sq. ft. medical office building. • AND TRAFFIC STUDY Request to construct a 65,000 sq. ft. ± medical office building that exceeds the basic height limit in the 32/50 Height Limitation District, to permit roof parking, and to waive a portion of the required off- street parking spaces. Said application also AND includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the project's required off- street parking spaces, and the acceptance of an environmental document. Item #2 LOCATION: A portion of Lot 169, Block 2 of Irvine's Subdivision, located at 351 USE PERMIT Hospital Road on the northeasterly N0, 2021 corner of Hospital Road and Placentia Avenue, opposite Hoag Memorial Hospital. BOTH ZONE: A -P APPROVED CONDI- APPLICANTS: Park Lido, Ltd.; Robert L. Wish, General TIONALLY Partner, Santa Ana OWNERS: Same as applicants - Agenda Item Nos. l.and 2 were heard concurrently due to their relationship. -2- January 21, 1982 � F City of Newport Beach Commissioner Kurlander stated that he has reviewed the previous Planning Commission minutes and staff reports relating to these items. The public hearing opened in connection with these items and Mr. Robert Wish, the applicant and owner, appeared before the Commission. Mr. Wish described to the Commission the proposed project changes. He stated that they have provided for more mature vegetation and designed a textured wall for the parking structure. He then presented photographs of the existing parking lot and building which depicted a lack of landscaping and an exposed garbage area. Mr. Wish further stated that the proposed project is in accordance with the Traffic Study. (Commissioner Balalis was present at 1:50 p.m.) Ms. Terry Watt, Planning Consultant, representing ROMOE (Residents Opposed to the Medical Office Expansion), referred to her letter dated January 21, 1982 and • stated that a number of significant effects were inadequately assessed in the Initial Study including effects which will significantly change the character of the adjacent residential community, negative aesthetic effects, induce growth and concentration of people, increase in traffic, potential to degrade the environment, alterations to the present or planned land uses in the area, create demands for housing, and a loss in visual open space. Ms. Watt urged that the Park Lido medical office expansion be included in a study of the West Newport area. Mr. Cecil Zaun, resident of 409 Flagship Road, referred to his letter received January 19, 1982, and requested that an environmental impact report be prepared for the proposed project. He stated that concerns relating to impacts on the traffic and parking, intersection controls, noise and lighting effects, and impacts on the prevailing wind direction must be answered. Mr. Zaun stated that for over 30 years, he was the Director for Safety and Driver .Education for the Los Angeles City School District. Mr. Ralph owner of proposed • Commissiw prepared. Gray, resident of 407 Evening Star Lane, and five buildings which would overlook the parking structure, distributed to the i a traffic and parking list which he had The list depicted the total number of cars -3- MINUTES INDEX January 21, 1982 F y. City of Newport Beach MINUTES INDEX in and out per day of 2,910 cars in the area, and the deficient amount of on- street parking in the area. He expressed his concern that the proposed parking structure will generate light and noise impacts upon the adjacent apartment buildings. He further expressed his concerns relating to the increase in traffic and the nearby convalescent home, and the problems that a woman may encounter in a parking structure during the evening hours. Ms. Suzanne McBrien, owner of property in the area, stated that the proposed project will be a detriment to the property values in the immediate area. She stated that the Traffic Study should address the traffic impacts on the private streets. She also expressed her concern that the proposed parking structure will take Away the open space and will impact the quality of the air. Ms. McBrien asked if a geological survey has been considered for this project. Planning Director • Hewicker stated that during the process of the building and grading permits, that geological reports will be required. Mr. Fred Talarico, Environmental Coordinator, stated that private streets are not normally covered by a Traffic Study. Mr. Fred Firestone, tenant of the Park Lido Building, stated that the proposed parking requirements will not .be sufficient. He stated that the parking lot is currently over capacity, because of the hospital overflow parking. He stated that the street parking in the area is already impacted. Ms. Rose Levinson stated that she represented the Park Lido Homeowner's Association at the AD -HOC Committee meeting. Ms. Levinson stated that the proposed project will destroy the character of the neighborhood and the current visual open space. She stated that 238 families in the immediate area will be affected by this proposed project. She added that no traffic studies will change the traffic problems in the area. Commissioner Beek stated that the applicant can construct an alternate building and parking structure without the need for a discretionary use permit. He asked the speakers to comment on the conceptual. • alternative site plan, as well as the proposed plan_ , that the applicant has submitted. -4- c n m D January 21, 1982 of Newport Beach MINUTES --6LL CALL I 1 1 1 III I 1 INDEX • • Mr. Cecil Zaun stated that the residents of the area are opposed to the proposed project. He added that the Planning Commission and the City Council has the authority to change any long range plan. Ms. Irene Louden, resident of 4227 Patrice Road, stated that she can understand that the applicant wants to improve his investment. However, she expressed concerns relating to the increase in traffic, air pollution and crime. She stated that the proposed project will create a detriment to the surrounding residential neighborhood. The Planning Commission recessed at 8:30 p.m. so that the members of the audience could view the alternative conceptual site plan. The Planning Commission reconvened at 8:40 p.m. Planning Director Hewicker presented background information relating to the requested.traffic study and use permit. He stated that if the applicant were to construct a building within the height limit and the setbacks, discretionary approval for the use permit by the Planning Commission would not be required. He referred to the concern expressed by the residents of maintaining the open space of the existing parking lot, and stated that this is private property, and that the applicant can build upon it, with or without a discretionary use permit. In response to a question posed by Vice- Chairman King, Fred Talarico stated that an expanded Initial Study was prepared for the project and explained the procedures involved. Commissioner Allen stated that the applicant is requesting to exceed the basic height limit and asked if the Commission can consider questions pertaining_ to the open space relative to the proposed office building. Planning Director Hewicker concurred. -5- • .January 21, 1982 � m a City of Newport Beach Mr. Wish stated that the community is expanding and that change in inevitable. He stated that the staff report and the extended traffic study answers all of the concerns that have been expressed. He stated that the proposed parking structure will be for the private use of the project and will be regulated. Mr. Robert Kite, architect of the project, explained to the Commission the conceptual alternative site plan which could be constructed, in the event the proposed plan was not approved. He stated that the alternative plan would consist of a two story structure covering the majority of the site with a parking structure two levels underground. He stated that this 'would create the need to haul 43,000 cubic yards of dirt, which would have a negative impact upon the community. Vice- Chairman King referred to Condition of Approval No. 4 and asked Mr. Kite how the increased building height will result in more public visual open space than could be achieved by the basic height limit. Mr. Kite stated that the requested increased building height will allow for a higher building, but will also allow for more public visual open space, as opposed to the alternative plan which will spread out over the majority of the site. Commissioner Allen stated that the square footage and the total envelope size will remain about. the same in each plan. Therefore, she stated that the parking requirements will remain the same, but that the parking structure will be underground in the alternate plan which will have less of a total visual impact. Mr. Kite stated that the visual impacts of the two plans will be about the same. Mr. Wish stated that the proposed and the alternate parking structure will be the same height above ground. He stated that if a two story office building is built, the parking structure would have to be built with one additional level below the ground. Mr. Talarico stated that the existing zoning regulations allow for 2 times the buildable area of the site. He stated that the proposed project is at .9 times the buildable area. MINUTES INDEX January 21, 1982 X g r c m City of Newport Beach Dr. Edward Bechtel, tenant of the Park Lido Building, submitted to the Commission an excerpt from the Science News, which related to carbon monoxide poisoning from parking structures entering into high rise buildings. He also expressed a concern with photochemical smog created by high ultraviolet fluorescent bulbs and a low turnover of air. Dr. Bechtel stated that the parking in the surrounding community will be further impacted when the parking structure becomes monitored. Vice - Chairman King referred to a letter dated January 20, 1982, from WESTEC Services, which addresses the issues of localized air quality effects. Mr. Talarico stated that the consultant has determined that there will be no significant adverse environmental effects to the localized air quality relating to the proposed project. Vice- Chairman King added that the maximum hourly carbon monoxide concentrations at residences adjacent to the parking structure will be well below the federal standard. • I I I I I I Ms. Elaine Cerf, resident of the area, stated that she will be losing a small view from her property, if the proposed parking structure is allowed to be built. Mr. John Applegate, resident of Costa Mesa and a member of the Board of Directors for Hoag Hospital, stated that to his knowledge, this subject application has never been brought before the Board of Directors. Planning Director Hewicker stated that Hoag Hospital was contacted about this project and that they had indicated that they intend to pursue a project of their own. In response to a question posed by Commissioner Beek, Mr. Don Webb, City Engineer, explained the necessary City approvals which would be required for the removal of 43,000 cubic yards of dirt, such as grading permits and the approval of a haul route. Ms. McBrien stated that the residents in the Park Lido area are concerned with the final project, not with the construction periods. Commissioner Allen expressed her concern that if the Planning Commission were to grant the approval for the • 11111111 MINUTES INDEX .January 21, 1982 a. m City of Newport Beach requested use permit, a finding would have to be made that the project would not be detrimental to the neighborhood. She referred to Exhibit "B" of the staff report and stated that the findings for denial of the use permit outline her concerns. She stated that the applicant still has development rights on the property. She stated that what the applicant has proposed will have a greater impact upon the community, than what could realistically be built without discretionary approval. Motion I I I I I I �X ( Motion was made for approval of Exhibit "B" subject to I the findings and conditions of approval for the Traffic Study and findings of denial for Use Permit No. 2021. Vice- Chairman King stated that essentially, the alternate plan will have the same amount of square footage, only it will be spread over a larger area of .the site. He stated that the two plans will have the • same amount of square footage and will generate 'the same amount of traffic. He further stated that the site plan of the four story building will allow for a larger landscaped area. Commissioner Allen stated that the parking structure is the most offensive part of the project. She stated that there would be less visual impact if the parking structure were to be constructed underground. Vice - Chairman King stated that the same visual amount of wall space of parking structure would still be exposed.at the surface. Commissioner Balalis stated that the safety of an underground parking structure must be considered versus the proposed parking structure. He also stated that he would like to know how the applicant is proposing to vent the alternative underground parking structure. Commissioner Allen stated that an underground parking structure would not emit as much noise and' light, as the proposed parking structure. Mr. Kite stated that the normal adverse problems of a parking structure have been mitigated by this project. MINUTES INDEX c 6 m m D January 21, 1982 itv of Newport Beach Substitute Substitute motion was made for approval of Exhibit "A" Motion X and Exhibit "C" subject to the findings and conditions of approval for Use Permit No. 2021, with an added condition that would hind the applicant to the requested .9 times the buildable, area of the site and that they not be allowed to construct additional office space at any future time. In response to a question posed by Commissioner Winburn, Planning Director Hewicker referred to the staff report and explained Conditions of Approval No. 42 and 48. He stated that Condition No. 48 was a suggestion of the Ad -Hoc Committee. He stated that staff has suggested that Condition No. 42 be deleted. Mr. Bob Burnham, Acting City Attorney, suggested that the Commission could impose a condition that the applicant record a covenant, of acceptable form to the City Attorney's Office, binding the applicant and its successors in interest, to a limitation of .9 times the buildable area. Vice - Chairman King stated that. he • would include this in his motion. Planning Director Hewicker referred to Condition of Approval No. 46 and stated that the word "signs" should be included after the phrase, "That the applicant shall install ". He then referred to Condition of Approval No. 2 and stated that it should read, "That all applicable conditions of the Traffic Study shall be fulfilled ". Mr. Burnham referred to Finding No. 2 of Exhibit "A" for Use Permit No. 2021 and suggested that the words be added, "to a level of insignificance." Commissioner Balalis suggested that an additional finding be included which would state, "That as consideration for the limitation of development to .9 times the buildable area, the requested height is an appropriate change." Commissioner Beek stated that he is in support of the original motion for approval of the traffic study and denial of the use permit. He stated that he can not make the finding that the increased building height I I I I I I I 1 -9- MINUTES INDEX Amendments A nt • X rL r c m � m m� XI IX X January 21, 1982 of Newport Beach will result in a more desirable architectural treatment of the building. He stated that the alternative site plan would be.preferable. MINUTES Vice - Chairman King amended his Substitute Motion for approval of Exhibit "A" and Exhibit "C ", to delete the original Condition No. 42 (i.e., restrict any pavement breaking and hauling to weekends and holidays only); to impose an additional condition that the applicant record a covenant, of acceptable form to the City Attorney's Office, binding the applicant and its successors in interest, to a limitation of .9 times the buildable area; to add the word "signs" to Condition No. 46; Condition No. 2 shall read, "That all applicable conditions of the Traffic Study shall be fulfilled "; to add the words "to a level of insignificance" to Finding No. 2; and, to add an additional finding, "That as consideration for the limitation of development to, .9 times the buildable area, the requested height is an appropriate change ". Substitute Motion was now voted on, which SUBSTITUTE MOTION CARRIED as follows: 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. 2. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental impacts to a level of insignificance. 3. That the proposed use is consistent with the General Plan and is compatible with surrounding land uses. 4. The increased building height will result in more public visual open space than could be achieved by the basic height limit. -10- INDEX January 21, 1982 3 R � r c City of Newport Beach c s u m w 5. 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. 6. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and exist- ing developments or public spaces. 7. The structure will have no more floor area than could have been achieved without the use permit. 8. Adequate off - street parking and related vehic- ular circulation are being provided in con - junction with the proposed development. 9. The Police Department has indicated that they do not contemplate any problems. 10. That parapet walls will be constructed ad- jacent to the proposed roof parking area that will shield the parked automobiles from view from adjoining property and streets. 11. That the establishment, maintenance or operation of the use of the property or build- ing 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 neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modifica- tion for the compact parking spaces is con- sistent with the legislative intent of Title 20 of the Municipal Code. 12. The approval of Use Permit No. 2021 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property or im- provements in the neighborhood or the general welfare of the City. -11- MINUTES INDEX MINUTES January 21, 1982 � r c m � � City of Newport Beach 1115LL CALL I I I I I I I I I INDEX • 13. That as consideration for the limitation of development to .9 times the buildable area, the requested height is an appropriate change. CONDITIONS: 1. That development shall be in substantial con - .formance with the approved plot plan, floor plans, elevations and sections. 2. That all applicable conditions of the Traffic Study shall be fulfilled. 3. A complete hydrology study and hydraulic an- alysis shall be performed to address the amount of and manner in which all flows to and from the site are accommodated. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 5. That a grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading permit shall include, if required, a description of haul routes, access routes, access points to the site and watering and sweeping program designed to minimize impacts of haul operation. 7. An erosion and dust control plan shall be submitted and be subject to the approval of the Building Department. S. Than an erosion and siltation control plan, if required, be approved by the California Regional Water Quality Control Board - Santa Ana Region. 9. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. -12- January 21, 1982 � r c M � W m m x w. � City of Newport Beach 10. That grading shall he conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 11. That final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water using facilities. 12. Prior to occupancy of any building, the appli- cants shall provide written verification from Orange County Sanitation District No. 6 that adequate sewer capacity is available to serve the project.. • 13. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said structures be sound attenuated so as to not exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Building Department. 14. Prior to the occupancy of any buildings, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 15. A landscape and irrigation plan for the pro - ject shall be prepared by a licensed land - scape architect. The landscape plan shall integrate and phase the installation of land- scaping with the proposed construction schedule. (Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the • prepared plan). -13- MINUTES INDEX COMMISSIONERS MINUTES .January 21, 1982 � r c W � m w City of Newport Beach LL CALL I I INDEX 16. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 17. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 18. The landscape plan'shall place heavy emphasis on the use of drought resistant native vegetation and be irrigated via a system designed to avoid surface.runoff and overwatering. 19. The site's existing landscape plan shall be reviewed by a licensed landscape architect. The -. existing landscape "program shall be.modified to include the concerns of the conditions above to the maximum extent practicable. Any change(s) in said existing program as a result of this review • shall be phased and incorporated as a portion of existing landscape maintenance. 20. That the landscaping plans adjacent to the drive entrances be reviewed and approved by .the Public Works Department and the Department of Parks, Beaches and Recreation, for sight distance requirements. 21. That the proposed landscaping over the existing and proposed sewer easements shall be subject to further review by the Public Works Department, 22. The project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 23. That should any resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. • 11111111 -14- January 21, 1982 m � m m x. City of Newport Beach 24. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in all leases or subleases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; I I I I I I I I b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air .service at the John Wayne Airport. 25. That the final design of on -site vehicular and pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. 26. Signing shall be reviewed by the City Traffic Engineer. - 27. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 28. The layout of the 'surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. -15- MINUTES INDEX January 21, 1982 29. That all required by Department. Beach improvements be constructed as Ordinance and the Public Works 30. That a standard use permit agreement and accompanying surety be provided if it is desired to obtain a building permit prior to completion of the public improvements. 31. That the existing sanitary sewer be relocated and that a 10 -foot wide easement for sewer purposes be dedicated to the City prior to issuance of Building Permits, and that the design of the sewer be by a licensed engineer on the Public Works Department Standard Plan sheets. 32. That the structures adjacent to the existing and proposed sewer main have deepened footings. The footings shall be designed so that the bottom of footing is intersected when a 1 to 1 slope is • projected from the flow line of pipe to the bottom of footing so that the footing is able to take lateral forces in the event of sewer main excavation. 33. That a concrete sidewalk be completed along the Flagship Road frontage and access ramps be constructed at the corners of Flagship Road and .Patrice Road, and Flagship Road and Placential Avenue. 34. That prior to the issuance of the Grading Permit the applicant shall demonstrate to the satisfaction of the Public Works Department that adequate site distance has been provided at the Hospital Road entrance and at the northeasterly corner of the proposed medical building. 35. That prior to issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Building Department that adequate sewer' facilities will be available for the project. Such demonstration shall include verification from Orange County Sanitation District No. 6. The • 11111111 -16 MINUTES INDEX X � r c c sa�mm> m� city .;gym m VI 29. That all required by Department. Beach improvements be constructed as Ordinance and the Public Works 30. That a standard use permit agreement and accompanying surety be provided if it is desired to obtain a building permit prior to completion of the public improvements. 31. That the existing sanitary sewer be relocated and that a 10 -foot wide easement for sewer purposes be dedicated to the City prior to issuance of Building Permits, and that the design of the sewer be by a licensed engineer on the Public Works Department Standard Plan sheets. 32. That the structures adjacent to the existing and proposed sewer main have deepened footings. The footings shall be designed so that the bottom of footing is intersected when a 1 to 1 slope is • projected from the flow line of pipe to the bottom of footing so that the footing is able to take lateral forces in the event of sewer main excavation. 33. That a concrete sidewalk be completed along the Flagship Road frontage and access ramps be constructed at the corners of Flagship Road and .Patrice Road, and Flagship Road and Placential Avenue. 34. That prior to the issuance of the Grading Permit the applicant shall demonstrate to the satisfaction of the Public Works Department that adequate site distance has been provided at the Hospital Road entrance and at the northeasterly corner of the proposed medical building. 35. That prior to issuance of any building permits for the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Building Department that adequate sewer' facilities will be available for the project. Such demonstration shall include verification from Orange County Sanitation District No. 6. The • 11111111 -16 MINUTES INDEX COMMISSIONERS MINUTES January zl, 1982 Vim; W Cit of Newport Beach CALL INDEX applicant shall be responsible for the design and construction of any additional sewer facilities needed to serve the project. 36. That a traffic signal be designed and installed by the developer at the intersection of Hospital Road and Placentia Avenue. A separate surety and agreement may be provided for this work. The developer's obligation for this signal shall' be. 50 %. 37. That parking arrangement during the construction period shall be approved by the City's Planning Department and Traffic Engineer prior to the issuance of any grading and /or building permit(s). Persons that might be affected by the construction shall be notified in a manner approved by the Planning Department. 38. All on -site drainage shall be approved by the City • Public Works Department. 39. A late afternoon and evening security program shall be designed and implemented prior to the occupancy of the project. Said program shall be approved by the Police and Planning Departments. 40. That prior to the issuance of any building permits authorized by the approval of this Use Permit, the applicant shall deposit with the City Finance Director, a sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport area. 41. Quiet or hushed models of construction equipment suitable for use in hospital zones shall be used in the development of the proposed project. 42. That prior to the commencement of construction, the applicants shall provide all tenants of the existing office building on -site with a schedule of construction activities. The applicants shall also provide said tenants with notification of any • major changes to said schedule. -17- January 21, 1982 0 : W m m w. City of Newport Beach C a m m 43. All concrete driving surfaces in the parking structure shall have a rough finish. 44. The final design of on -site pedestrian circulation shall be designed to direct pedestrian crossing of Hospital Road to its intersection with Placentia Avenue. 45. That 1 parking space shall be provided for each 250 sq.ft. of gross floor area in the existing and proposed office buildings. 46. That the applicant shall install signs during the construction of the project that will limit parking time on- street in the vicinity of the project in a manner acceptable to the City Traffic Engineer and provide for their removal upon completion of the project. • 47. A 24 hour security program for the site including the parking structure shall be designed and implemented prior to the occupancy of the project. Said program shall be approved by the Police and ,Planning Departments. 48. That two weeks (14 days) prior to the commencement of construction a notice that of start construction and proposed construction schedule shall be provided to all residents and property owners within 300 feet in a manner acceptable to the Planning Department. 49. That the office structure construction shall not commence until such time as the parking structure is complete and operational. 50. That the landscaping adjacent to the parking structure on Flagship Road and Patrice Road shall be completed within 30 days of the start of construction of the office building. IMM F-1 L MINUTES INDEX .January 21, 1982 MINUTES 3 � m m x w City of Newport Beach LL CALL INDEX 51. That the landscaping shall be accomplished in substantial conformance with Conceptual Landscape Plan "B ". *on Noes Absent • x 52. That the visibility of cars and glare off of cars in the parking structure shall be screened from view from adjacent residential areas. 53. That all lighting on the top level of the parking structure shall be below the level of the parapet wall. 54. That the applicant record a Covenant, the form and content of which is acceptable. to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .9 times the buildable area on the subject property. - Motion was made for approval of the Traffic Study subject to the following findings and conditions, which MOTION CARRIED: 1201 .lyre -a 1. That the proposed trip generation measures are acceptable and will be permanently implemented through the conditions of this approval and that of Use Permit NO. 2021. . 2. That a Traffic Study on the proposed project has been prepared in accordance with Chapter 15.40 of the Municipal Code and City Policy S -1. 3. That based on that.Traffic Study, the proposed project will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified', or "primary" street. -19- COMMISSIONERS1 MINUTES .January 21, 1982 3 � m m m x -. = City of Newport Beach c a m m [t7L CALL INDEX CONDITION: 1. That prior to the occupancy of the proposed project the applicant shall contribute his fair share as determined by the City to, the Circulation System Improvements described in the Initial Study Appendix A, page A20, Table 5 and these improvements shall have been made unless subsequent project approvals require modification thereto). The Circulation System's Improvements shall be subject to the approval of the City Traffic Engineer. The Planning Commission recessed at 9:35 and reconvened at 9:45 p.m. Request to create four parcels of land for single Item #3 • family residential purposes where a portion of one lot presently exists, and the acceptance of an environmental document. LOCATION: A portion of Lot 2; Newport Height RESUB- Tract, located at 2961 Cliff Drive, DIVISION constituting the entire easterly side of NO. 707 Santa Ana Avenue, between Cliff Drive and an unimproved portion of Avon Street. in Newport Heights. ZONE: R -1 Continue APPLICANT: Jeffery A. Hartman Enterprises, Newport_ to Febru, Beach 18, 1982 OWNER: Helen F. Kruetzkamp, Newport Beach Staff advised that this item be continued to the Planning Commission Meeting of February 18, 1982, so as to allow additional time to investigate alternative financing methods for the required street improvements on Avon Avenue. Motion A11 Ayes * X X X X X Motion was made to continue this item to the Planning Commission Meeting of February 18, 1982, which MOTION. .. ix CARRIED. -20- � r c m 07 D .January 21, 1982 of Newport Beach (Agenda Item Nos. 11, 12 and 13 were heard next on the Agenda). x x x MINUTES INDEX Request to consider a Traffic Study for a 22,400 sq. I ft. t combined office building and restaurant facility in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area. ULM, Request to permit the construction of an office building and restaurant with on sale alcoholic beverages in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a . .portion of required off - street parking and to allow proposed parking spaces to encroach into the required front setback area, valet service for the restaurant use, and the acceptance of an off -site parking agreement for a portion of the required off- street parking. Said application also includes the acceptance of an environmental document. LOCATION: A portion of Lot H, Tract 919, located at 2801 West Coast Highway, on the southerly side of West Coast Highway, westerly of Riverside Avenue,' in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Gorden S. Barienbrock, Newport Beach OWNER: Same as applicant Agenda Item Nos. 11 and 12 were heard.concurrently due to their relationship. Commissioner Allen and Commissioner Kurlander stated that they have reviewed the previous Planning Commission minutes and staff reports relating to these • items. -21- AND 72n�a"t January 21, 1982 City of Newport Beach MINUTES INDEX Planning Director Hewicker, referred to Mr. Stephen Forde's letter dated January 21, 1982, expressing his concerns relating to the Barienbrock and Clark use permit applications. Mr. Bob Burnham, Acting City Attorney, stated that in reviewing the previously submitted items from Mr. Forde and Mr. Clark, additional consideration of these items should not involve the Planning Commission. Mr. Burnham stated that a continuation of these items would be unwarranted. In response to a question posed by Commissioner Beek, Mr. Burnham stated that in his opinion, the current off -site parking agreements are enforceable and do create sufficient off -site parking to satisfy the requirements of the City. He stated that the applicant will be updating and clarifying the existing agreements to conform to the conditions that may be imposed by the Planning Commission and the City Council for the off -site parking agreement. The public hearing opened in connection with these. • items and Mr. Gorden Barienbrock, the owner and developer, appeared before the Commission. Mr. Barienbrock referred to his previous comments of the January 7th Planning Commission meeting. and described to the Commission the proposed marine- oriented project. He stated that if he were to build a two -story building across the width of his property, the view corridor would be lost. Mr. Barienbrock distributed to the Commission a view impact sheet which listed surrounding properties and areas which have a view of the site. He then delivered a slide presentation to the Commission which depicted the subject property and surrounding areas which have a view of the site. Commissioner Beek asked staff what discretionary powers the Commission would have on a project of this nature if it conformed to the 26 foot height limitation. Planning Director Hewicker stated that the Commission would have site plan review authority, in addition, a use permit would be required for the restaurant use. Mr. Barienbrock clarified that the Code permits the 26 foot height limitation to be measured from grade to the average height of a pitched roof, and that the peak of_ 0 I 1 1 1 1 1 1 1 said roof is permitted to be 31 feet above grade. -22- 0 -- - - January 21, 1982 3 � � r c • w m w. City of Newport Beach Mr. Randy Atherton, representing the Nantucket Lobster Trap Restaurants, described to the Commission the operational characteristics of the proposed restaurant use. He stated that the restaurant will primarily be a dinner house, with no request for live entertainment. He stated that no more than 25 percent of the total revenue is generated from the beverage sales. Mr. Gil Forrester, resident of 2011 Kings Road, appeared before the Commission and stated that he is in support of the proposed project and view corridor. MINUTES Mr. Roland Langdrigan, a member of the Board of Directors for Newport Heights Community Association, and resident of 535 E1 Modena Avenue, appeared before the Commission. He stated that he is in support of the view corridor which the applicant is proposing. He also stated that the proposed height of the project - will not have a major impact to the views of the bay: He used the term "density bonus" for the "giving" of the view corridor and the "taking" of the additional height. He expressed his concern that if this project is approved at .8 times the buildable area, it may set a precedent for future developments in the area. He also expressed a concern with maintaining the marine - oriented uses of the project and asked how these uses will be policed. Mr. Langdrigan suggested that the following conditions be applied to the use permit: 1) That the developer stipulate to a voluntary agreement that there will be no more square footage built upon the site; and, 2) That a deed restriction be recorded which would limit the space to marine- oriented businesses. He further suggested that the applicant's design format be utilized in other areas of the Bay. Mr. Dick Hogan, Planning Consultant for the applicant; appeared before the Commission and stated that they have attempted to submit a proposal which is acceptable to the City. -23- INDEX V%IV .January 21, 1982 � r c m � m m y. City of Newport Beach MINUTES MLLCALL1111 Jill I INDEX C J In response to a question posed by Commissioner Balalis, Planning Director Hewicker explained to the Commission the marine- oriented uses and incentive uses which apply to the Mariner's Mile Specific Plan Area. Planning Director Hewicker stated that in the past, he has interpreted the Code to mean that if the project is approved at over .5 times the buildable area, then that portion of the project over .5 times the buildable area has to be utilized with incentive type uses. Commissioner Beek stated that he interprets the Code to mean that if 100 percent of the buildable area is approved, all of the uses must be marine- related. Mr. Burnham stated that the language of the Code is capable of different interpretations, which gives the Commission discretion to impose requirements which will meet the intent and spirit of the specific area plan. He stated that this allows the Commission to determine the percentage of the building which should be occupied by marine- oriented uses for projects over .5 times the buildable area. Mr. Stephen Fords, 6 percent owner of the Pacifica Marina property, adjacent to the property in question, appeared before the Commission. Mr. Fords referred to his letter to the Commission dated January 21, 1982, and discussed the stipulation which he stated relates to the applicant's project. Mr. Barienbrock stated that the litigation that Mr. Forde is referring to, does not involve the property in question. He stated that he has a parking 'agreement with Pacifica Marina which is binding. Commissioner Allen asked the Mr. Burnham what type of condition can be imposed which will implement a development guarantee of marine- oriented uses. Mr. Burnham suggested that a condition could be imposed which would specify the percentage of the structure which is to be occupied by marine- oriented uses as defined by the provisions of the Code. Mr. Burnham further suggested that an additional condition be made, that if that particular percentage of marine- oriented uses are not maintained, due to a -24- 70nJanuary 21, 1982 si City of Newport Beach MINUTES MLLCALLI 111 1111 1 INDEX • change in occupancy from marine_ oriented to some other proposed uses, that the property not used by marine - oriented uses is to remain vacant and unused until a suitable tenant which fits the marine - oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. That the owner of the property is required to notify the Planning Department of the.City of Newport Beach upon any change in tenancy which would affect the marine- oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. All of these conditions and requirements shall be set forth in a document suitable for recording, approved in form and content by the City Attorney's Office, and recorded in the County records. Mr. Burnham stated that two additional findings must be made relating to the preparation of the Initial Study and Negative Declaration. Commissioner Allen suggested that a condition be imposed that no additional development will be built on the site, in consideration of granting the use permit to exceed the height. Mr. Burnham suggested that this additional restriction be recorded in the form of a Covenant. In response to a question posed by Vice - Chairman King, Mr. Burnham stated that the requirement of the applicant to notify the City in the event of change of tenancy, enables the City to monitor the marine related uses. -25- Y \!Y\IJ=..�,v January 21, 1982 A x � r c m � � City of Newport Beach Commissioner Balalis suggested that marine- oriented uses be required for that portion of the building over .5 times the buildable area. Commissioner Allen concurred and stated that the density bonus that is being granted is only a density bonus if it is kept marine related, otherwise it is to be kept vacant. Planning Director Hewicker stated that with the exception of the restaurant facility, the entire building will have to be utilized with marine related uses. -26 MINUTES INDEX Commissioner Allen clarified that the portion over .5 times the buildable area would be required to be limited to the uses in Section 20.62.070, D. Mr. Burnham suggested the following finding, that approval of the floor area in excess of .5 times the buildable is warranted because of the permanent restriction on building size and the agreement of the applicant to ensure that marine - oriented uses occupy the excess floor area, or will remain vacant if not so occupied. • Commissioner Beek suggested an additional condition, that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. Mr. Barienbrock stated that this would be agreeable. Motion .X Motion was made to approve Use Permit No. 2051 and the Off -Site Parking Agreement, subject to the findings and conditions of Exhibit "A" and, to include additional findings relating to the preparation of the Initial Study and Negative Declaration; additional conditions relating to the development guarantee of marine- oriented uses; a Covenant be recorded that no additional development will be built on the site, in consideration of granting the use permit to exceed the height; additional finding and condition relating to the uses of the excess floor area; condition that the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property, and, Condition No. 50 to be revised as suggested by staff in the January 21, 1982 staff report. -26 MINUTES INDEX 70-si January 21, 1982 City of Newport Beach MINUTES LL C__A_L_L1 I I I I I I I I INDEX Commissioner Beek expressed his concern with the overall building size of the proposed project. He stated that .81 times the buildable is too large for the view corridor that is being provided. He stated that .68 times the buildable area would be more in conformance with the standards of the area. Amendment X Amendment to the motion was made that the third floor Ayes X shall have a width of not more than 40 feet and a gross Noes X X X X floor area of not more than 3,700 square feet, which Absent * AMENDMENT FAILED. All Ayes X * X X X X X Commissioner Allen's motion for approval of Use Permit NO. 2051 and the Off -Site Parking Agreement was now voted on as follows, which MOTION CARRIED: FINDINGS 1. That the proposed development is consistent with • the General Plan and the Draft Local Coastal Plan . and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they 'do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed development. 7. The increased building height will result in increased public visual open space and views than would result from compliance with the basic height limit. • IIIIIIII -27- .January 21, 1982 3 � � r c m � W a. m City of Newport Beach 8. 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 within the general theme of a marine environment. 9. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing development or public spaces. 10. The increase in height in no .case results in a floor area exceeding the floor area permitted by Section 20.62.030. 11. The proposed number of compact car spaces constitutes 17 percent of the office parking and 14 percent of the restaurant parking which is within limits generally accepted by the Planning Commission relative to previous similar • applications. 12. The proposed encroachment of parking spaces within the required front setback area will not adversely effect the character of the project inasmuch as a significantly greater amount of landscaping will be provided along West Coast highway than required by Code. 13. The proposed use of compact car spaces and the encroachment of parking spaces into the required front setback area will not, under the circumstances of this . particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of this Code. 14. The approval of Use Permit No. 2051 will not, under the circumstances of this case be detrimental to the health, safety, peace, • -28 -. MINUTES INDEX v%IV ,January 21, 1982 � r c � � W = m City of Newport Beach 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. 15. 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 of this project. 16. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures (Condition No. 1 through 51) and that those mitigation measures reduce potentially significant impacts to a level of insignificance. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of • the permanent restrictions on building size and. the agreement of the applicant to ensure that marine - oriented uses occupy the excess floor area, or will remain vacant if not so occupied. 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum number of parking spaces shall be provided for the duration of the office and restaurant uses: 9 parking spaces entirely on the property and 7 parking spaces partially on the property, located at 2751 West Coast Highway (the easterly 100 feet of the westerly 250 feet of Lot H, Tract 919) for daytime use only. 25 parking spaces at the rear of 2700. West Coast Highway located on Parcel 2 of Parcel Map 73 -23, for nighttime use only. • -29- MINUTES INDEX MINUTES January 21, 1982 ALL CALL I I I I I I I I I INDEX • 3. That valet parking service be provided at all times during the restaurant's hours of operation. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors . shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 8. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq.ft. of net public area shall 'be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking lot. 11. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. -30- � z �� c � m p c n m m m F City of Newport Beach ALL CALL I I I I I I I I I INDEX • 3. That valet parking service be provided at all times during the restaurant's hours of operation. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors . shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 8. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq.ft. of net public area shall 'be provided for the restaurant use. 9. That the restaurant facility shall not be open for business prior to 5:00 p.m. on any day. 10. That all restaurant employees shall park their vehicles on the Mariner's Mile off -site parking lot. 11. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 12. That all improvements be constructed as required by Ordinance and the Public Works Department. -30- .January 21, 1982 � r c W m F. City of Newport Beach 13. That the on -site vehicular and pedestrian circulation systems be subject to further review by-the Public Works Department. 14. That a 6 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. 15. That a 6 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 16. That a condition survey of any existing concrete bulkhead that is to remain along the bayside of the property be made by a civil or structural engineer, and that the bulkhead be • repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 17. That the landscape plans for plantings adjacent to the public right -of -way be reviewed and approved by the Public Works Department. 18. The southbound leg of Riverside Avenue at the intersection of Riverside Avenue and West Coast Highway shall be restriped to provide the following facilities: a. A right- turn -only lane to accommodate traffic turning westbound onto West Coast Highway; b. A right -turn and through lane for westbound and southbound traffic; c. A left- turn -only lane to accommodate traffic turning eastbound onto West Coast Highway; and, 731 MINUTES INDEX • I� t I I I I 1 NAMISSIONERS MINUTES .January 21, 1982 X d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in Section III, 5.0 Water Quality. 20. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following. disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, . Conditions; and Restrictions which may be recorded against the property. 1 11111 Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. • -32- X u. f I City of Newport Beach d. Additional painted symbols on southbound Riverside Avenue north of the intersection to adequately implement the mitigation at the intersection. 19. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan may be prepared and submitted in conjunction with the erosion control plan recommended in Section III, 5.0 Water Quality. 20. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 21. The following. disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, . Conditions; and Restrictions which may be recorded against the property. 1 11111 Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: (a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. • -32- January 21, 1982 c2 r c m Ov m City of Newport Beach MINUTES LL CALL I I I I I I I I I INDEX M 22. The existing gates which 'control the vehicular entrance /exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 23. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to ensure that no debris is permitted to enter Newport Harbor. 24. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 25. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water • pollutants. 26. All on -site drainage shall be approved by the City Public Works Department. 27. An erosion and siltation control.plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 28. The erosion and siltation control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. 29. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in' accordance with the approved plan. 30. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, . and the approval of the Planning Department. -33- COMMISSIONERS1 MINUTES .January 21, 1982 � x r c C 9 p= m D and of Newport Beach LL CALL I I I I I I I I I INDEX M • • 31. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 32. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 33. Construction of the proposed bulkhead shall- be placed outside the tidal area (i.e., above the mean high tide line). 34. Construction of all waterfront improvements shall be subject to issuance of a Harbor Permit and approval -in- concept by the City Council and subject to issuance of all other. applicable discretionary permits from other agencies. 35. Prior to issuance of the building permit, the applicant shall consider and .discuss with appropriate representatives of the City of Newport Beach possible participation .in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 36. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 37. The project shall be designed to comply with Title 24, Paragraph G, Division T -20, 'Chapter 2, Subchapter 4 of the California Administrative Code (Insulation Standards). -34- COMMISSIONERS MINUTES .January 21, 1982 n R g r c N � m H City Of Newport Beach LL CALL INDEX 38. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 39. Final design of the project shall provide for the sorting and collection of recyclable material from other solid waste. Prior to occupancy of the building, the program for sorting recyclable material shall be developed and approved by the Planning Department. 40. Final design of the project shall provide for adequate security lighting in public areas of the project site. 41. The required City review of the project landscape plan shall address the issue of retention of existing mature trees on -site to determine if such retention is desirable for the visual character of the project area. • 42. The project shall be so designed to eliminate light, and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 43. That all commercial area in excess of .5 times the buildable area of the site (i.e., 8,682± sq.ft.) shall be limited to marine- oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D. 44. That if the particular percentage of marine- oriented uses are not maintained, due to a change in occupancy from marine- oriented to some other proposed uses, that the property not used by the marine - oriented uses is to remain vacant and unused until a suitable tenant which fits the marine- oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. -35- 0 r1 0 � r � . w m C 9 0= m w D wd 3 w 0 .January 21, 1982 of Newport Beach MINUTES LL CALL I I I I I I I I I INDEX M 45. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 46. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine - oriented uses and shall provide copies of all documents requested by the Planning Department or the City in, conjunction with that change in tenancy. 47. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 48. That the non- standard concrete sidewalk and curb along the West Coast Highway frontage be reconstructed and any unused drive aprons be removed and replaced with curb, gutter and sidewalk. That all public improvements be completed under an encroachment permit issued by the California Department of Transportation. 49. That the existing telephone lines along the West Coast Highway Frontage be undergrounded. 50. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not.. classified as a slip. -36- .January 21, 1982 � � c m 07 City of Newport Beach MINUTES INDEX Motion All Ayes r1 LJ 51. That the valet service shall not park vehicles anywhere but in marked spaces which are either wholly or partially on the subject property. *I X I X I I Motion was made to approve the Traffic Study in conjunction with Use Permit No. 2051, subject to the following findings and conditions, which MOTION CARRIED: TRAFFIC STUDY FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy.S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. CONDITION: 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study . - "Martha's Vineyard - Restaurant /Office Complex" dated December 1981, on page 8 and figure 4 of Appendix E'shall have been completed (unless subsequent project approvals require modification thereto). The improvements shall be subject to the approval of the City Traffic Engineer. • I I I I I I -37- COMMISSIONERS m IA m m ' N 3 A b MINUTES January 21, 1982 City of Newport Beach LL CALL INDEX Request to establish a restaurant facility with on -sale Item #13 alcoholic beverages and live entertainment in a portion of the Pacifica Marina Building of Mariner's Mile, and the acceptance of an off -site parking agreement for a. portion of the required parking spaces. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of USE PERMIT the required parking. Valet parking is also proposed NO. 2003 in conjunction with the proposed development. R2V75ed� LOCATION: A portion of Lot H, Tract 919, located at 2751 West Coast Highway on the southerly side of West Coast Highway at the southerly terminus of Riverside - Avenue, in the Mariner's Mile Specific - Plan Area. APPROVED CONDI -, ZONE: SP -5 TfONALLY • � I I (' .i � ( OWNER��. Same as Newport Beach as applicant 1111111 Commissioner Allen and Commissioner Kurlander stated that they have reviewed the previous Planning Commission minutes and staff reports relating to this item. The public hearing opened in connection with this item and Mr. William Clark, the applicant, appeared before the Commission. Mr. Clark stated that the daytime and nighttime parking requirements will be satisfied. Mr. Clark referred to Condition of Approval No. 17 and asked why the 10 foot wide easement must be dedicated for a remodel request. He stated that he can understand why a new development must dedicate such an easement. Vice - Chairman King stated " that the cooperation of all of the land owners is needed in order to gain an easement around the interior of the bay. • I F I 1 I 1 .-38- • January 21, 1982 � r c }. n => City of Newport Beach c n m m Mr. Bob Burnham, Acting City Attorney, stated that the applicant can be assured that if there are plans to remodel or encroach into the public access area, that arrangements can be made for the construction of another access area bayward of the new development, or some other arrangement to ensure public access. Commissioner Beek stated that he can understand Mr. Clark's concern with the easement. Mr. Burnham explained why a condition for relocation of the easement upon future development should not be imposed. Commissioner Balalis asked if an irrevocable offer to dedicate the easement would solve the problem. Mr. Burnham stated that that an irrevocable offer does not allow for the public access rights currently. Mr. James Carter, majority owner of the property, suggested that until the 10 foot easement at the .bulkhead line is used, temporarily. the applicant could give an existing easement across the rear of the building. He, stated that this will give the City what it needs and will still give the applicant the maximum amount of rights at a later date. Mr. Burnham stated that once the public access easement is granted, it will require City Council action to change or vacate it. He stated that the suggestion by Mr. Carter will only create two separate problems, both of which would require City Council action. Vice-Chairman King suggested that the following be added to Condition No. 17, "That the granting of which does not preempt the right of the property owner to come back at a future time with a design change." Commissioner Beek suggested that. the following be included in the minutes: "That the Planning Commission intends that if the property owner should come back and redevelop the property further out into the bay, that the City would abandon this easement and accept another one along the new bulkhead." Vice - Chairman King stated that this is the intent of Condition of Approval ,No. 17. IIIIIIII -39 -. MINUTES INDEX COMMISSIONERS . _. � x � r c m � � mm MINUTES .January 21, 1982 City of Newport Beach LL CALL INDEX Motion X Motion was made to approve Use Permit No. 2003 All Ayes * X X X X X (Revised) and the Off -site Parking Agreement, subject to the findings and conditions of Exhibit "A" and., revise Condition No. 13 to replace the words "remain in order" with "remain in operation "; Condition No. 3 be amended to add, "and that the valet service shall not park vehicles anywhere but on the subject property "; Condition No. 11 be modified by adding "that a sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employees bulletin board "; Condition No. 17 be revised to reflect that the granting of which does not preempt the right of the property owner to come back at a future time with a design change; and, Condition No. 21 to be revised as suggested by staff in the January 21, 1982 staff report, which MOTION CARRIED, as follows: .FINDINGS . 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The off -site parking area is located so as to be useful to the proposed restaurant use. 5. Parking on such lot will not create undue traffic hazards in the surrounding area. 6. That the applicant has entered into appropriate leases for the off -site parking spaces, which are of sufficient duration for the proposed restaurant use. '° • IIIIIIII 7,-ri January 2 1, 1982 City of Newport Beach 7. The proposed use of compact car spaces will not, under the.circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 2003 (Revised) will_ not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • CONDITIONS 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. Than an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 20 parking spaces shall be provided to the rear of 2700 West Coast Highway, on property located on Parcel 2, Parcel Map 73 -23 for the duration of the subject restaurant use. 3. That valet parking service be provided at all times during the restaurant's hours of operation and that the valet service shall not park vehicles anywhere but on the subject property. 4. That all mechanical equipment and trash areas shall be screened from West Coast Highway or adjoining properties. 5. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. • I I I I I I I I -41- MINUTES INDEX m m c a m m D January 21, 1982 of Newport Beach MINUTES MLLCALLI 111 1111 1 INDEX M • • 6. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 8. That noise from live entertainment shall be confined to the interior of the facility. 9. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 10. That the on -site circulation and parking system be approved by the City Traffic Engineer. 11. That all restaurant employees shall park their vehicles in the approved off -site parking location and that a sign informing employees of this requirement and the location of the off -site parking shall be kept posted on the employee bulletin board. 12. That the existing card key gate and spikes be removed from the subject property. 13. That the existing floating dry dock shall remain in operation to provide the required incentive use in conformance with the Draft Local Coastal Plan. 14. That a minimum of one parking space /250 sq.ft. of net floor area shall be provided for the office use and a minimum of one parking space /40 sq.ft. of net public area shall be provided for the restaurant use. -42- January 21, 1982 m m m F City of Newport Beach MINUTES 1 lrLL CALL 1 1 1 1 1 1 1 1 1 INDEX • • 15. That the restaurant facility shall not be open for business.prior to 5:00 p.m. on any day. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. That a 10 foot wide easement be dedicated to the City for unobstructed public access across the bay side of the parcel and that the granting of which does not preempt the right of the property owner to come back at a future time with a design change for said easement. 18. That the existing telephone lines along the West Coast Highway Frontage be undergrounded. 19. That any proposed landscaping adjacent to the public right -of -way be approved by the Public Works Department. 20. That a 6 foot wide by 28 foot ± long concrete sidewalk widening be provided between the exit 'drive and the easterly property line. 21. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring 'space not classified as a slip. + x x -43- January 21, 1982 � r c m � m x w. 3 City of Newport Beach Request to permit the construction of a three - story, combined commercial residential building on an existing developed site located in the retail service commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to exceed the basic height limit in the 26/35 Foot Height Limitation District and to allow a total floor area which exceeds .5 times the buildable area of the site. The proposal also includes a request to pay an annual in -lieu fee to the City for a portion of the required off - street parking spaces, a modification to the Zoning Code so as to allow the use of compact car spaces, and the acceptance of an environmental document. MINUTES INDEX Item #4_ USE PERMIT NO. 2049 LOCATION: A portion of Lot A, Tract No. 919, APPROVED located at 2400 West Coast Highway, on . CONDI- the northerly side of West Coast TIONALLY Highway, approximately 350 feet easterly of Tustin Avenue, in Mariner's Mile. . ZONE: SP -5 APPLICANT: Susan Cuse, Santa Ana' OWNER: Same as applicant Commissioner Allen and Commissioner Kurlander stated that they have reviewed the previous Planning Commission minutes and staff reports relating to these items. Planning Director Hewicker presented background information on this request. He referred to the additional information staff report prepared on this item and discussed the estimated number of on -site parking spaces in Mariner's Mile. He stated that there is an existing parking deficiency problem in the area. Mr. Don Webb, City Engineer, explained to the Commission, the current status of the proposed Municipal parking lot. Mr. Bob Burnham, Acting City Attorney, stated that the City has not acquired, as yet, all of the properties necessary for the construction of the proposed Municipal parking lot. • IIIIIII1 -44- V v. .January 21, 1982 � r c m � � a m m F . City of New ort Beach Planning Director Hewicker stated that the applicant could seek a waiver of existing parking deficiencies on -site, where the building is legal non - conforming with respect to the parking requirements. He stated that the Planning Commission has the authority, through the use permit procedure, to authorize such a waiver. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the Commission has approved two other recent projects in Mariner's Mile, which have been approved over .5 times the buildable area. The public hearing opened in connection with this item and Ms. Susan Cuse, the applicant and owner, appeared before the Commission. Ms. Cuse stated that on January 11, 1982, the City Council approved that one residential use for each building site is allowable in the retail and service commercial areas of Mariner's Mile. • Ms. Cuse stated that since the last meeting, she has reduced the density of her project. She stated that in order to obtain additional parking spaces, she has removed all office and commercial space from the ground floor of the new building. She also stated that she has reduced the proposed office spaces in the new building from approximately 3,700 square feet to 2,500 square feet. She stated that the overall density of the property, including the new building and her residence, will equal .83 times the buildable area. She added that the specific area plan for Mariner's Mile allows for a density of 1 times the buildable urea. Ms. Cuse stated that because of its location, the proposed Municipal parking lot will be for commercial purposes, rather than for mixed recreational /commercial purposes. She stated, that existing building met the City parking codes in 1965 and added that there has never been a shortage of parking spaces for the building's tenants, employees or customers. However, she stated that under the current regulations, the existing building is deficient of 10 parking spaces. She requested that she be allowed to acquire 15 parking spaces in the new Municipal parking lot, in accordance • I( V I I I -45- MINUTES INDEX January 21, 1982 r c x City of Newport Beach with the in -lieu parking regulations. She stated that she would pay the current in -lieu parking fees and would accept a reasonable increase to the fees. Ms. Cuse also requested that the Commission waive the requirement of the 10 deficient parking spaces for the existing building. She stated that the existing building will not be changed in anyway and does not have a parking problem. Ms. Cuse stated that she will be giving the City three easements which are sizeable and substantial in relationship to the property in question. In response to a question posed by Vice - Chairman King, Mr. Don Webb, City Engineer, referred to Condition of Approval No. 19 and stated that removal of portions of the existing structures would be to the ultimate right -of -way line and not to the required front yard setback. • In response to a question posed by Commissioner Beek, Mr. Jack Hester, architect of the project, stated that the proposed building will be constructed to the side property line but that the windows will be setback five feet from the side property line. C� Commissioner Beek asked staff to clarify the parking situation for the existing building. Planning Director Hewicker stated that the existing building is legal non - conforming with respect to its parking requirements. He stated that under the Code, the 10 additional parking spaces are still required, whether there is a demand for those additional parking spaces or not. He stated that the Commission has the authority to waive the additional parking spaces, under the use permit process. He added that if recreational/ marine-commercial uses were to be applied to this building, there would still be a deficiency in the parking requirements. MINUTES Commissioner Allen asked if a separate legal notice would have to be issued, in order for the Commission to grant the waiver of the additional parking spaces. .Mr. Burnham stated that there is enough information in the current public notice which would allow the Commission, to proceed. m INDEX January 21, 1982 MINES Vim: W �asz w. City of Newport Beach INDEX Commissioner Allen stated that a precedent is not being set by this application in relationship to the waiver of the parking, because there will be two buildings on the same lot; the existing legal non - conforming building which will not be changed, and the remodel to the existing building. She suggested that if the land uses should change and the parking becomes a problem, the Commission should have the right of review at that time to reconsider the waiver, and possibly require that more in -lieu spaces be purchased in the Municipal parking lot. Vice - Chairman King suggested that the parking waiver be conditioned to include, that should the building ever be altered in any manner, that the parking shall be reviewed. Planning Director Hewicker stated that inasmuch as the applicant is requesting to exceed the height limit, a condition should be added which reflects this consideration. Commissioner Allen asked for clarification on the. number of the off -site parking spaces. Planning Director Hewicker stated that there are 18 off -site parking. spaces. He stated that at the time the highway is widened, there would be a parking requirement for three less parking spaces. In response to a question posed by Commissioner Allen, Mr. Burnham suggested that the finding and conditions relating to the development guarantee of marine- oriented uses as imposed on Mr. Barienbrocks' property, (Use Permit No. 2051), be imposed.on this project. He also suggested that a Covenant be recorded that no additional development will be built on the site, in consideration of granting the use permit to exceed the height. He further suggested that a document be recorded which would require that the residential use not be converted to any other use. Mr. Burnham stated that two additional findings must be made relating to the preparation of the Initial Study and Negative Declaration. Vice - Chairman King suggested that an additional condition be imposed for the in -lieu fees and money allocation for the parking, as was imposed on the application for The Chart House, .(Use Permit No. 2025). -47- January 21, 1982 i m a 0 City of Newport Beach In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that the Municipal lot will be metered and will be available to anyone who may wish to use it. He stated that as long as the parking lot is metered, and the parking on the residential streets are free, there may still be a parking problem in the residential areas. Mr. Burnham suggested that Finding No. 7 be revised to include, "because of the conditions imposed relating to marihe- oriented occupancy and permanent limitations on building size." Commissioner Allen concurred. Commissioner Beek suggested that this project be conditioned upon the construction of the Municipal parking lot. Planning Director Hewicker stated that building permits would not issued without the Municipal parking lot. Mr. Burnham suggested that Condition No. 2 be revised to include that the eighteen in -lieu parking spaces shall be purchased from the City at the proposed Municipal parking lot to the rear of the property. Commissioner Allen stated that this would be agreeable because the applicant can come back before the Commission to ask that the condition be removed, if the lot is not completed. • 11111111 -48- MINUTES INDEX In response to a question posed by Commissioner Beek, Mr. Burnham suggested that the change in the parking requirements be conditioned upon any change in the marine- oriented tenancy. Motion Motion was made for approval of Use Permit No. 2049, subject to the findings and conditions of Exhibit "B ", with the revisions as discussed by the Commission. Amendment X Commissioner Beek amended the motion to include a Ayes X X X revision to Condition of Approval No. 5, that the Noes X X K development will not exceed .8 times the buildable Absent * area on this property, which AMENDMENT FAILED. Ondment X Commissioner Beek amended the motion to include a Ayes X revision to Condition of Approval No. 7, that it shall Noes X- X X X not exceed thirty -five feet and that the average height Absent * shall not exceed thirty feet, which AMENDMENT FAILED. Mr. Burnham suggested that Finding No. 7 be revised to include, "because of the conditions imposed relating to marihe- oriented occupancy and permanent limitations on building size." Commissioner Allen concurred. Commissioner Beek suggested that this project be conditioned upon the construction of the Municipal parking lot. Planning Director Hewicker stated that building permits would not issued without the Municipal parking lot. Mr. Burnham suggested that Condition No. 2 be revised to include that the eighteen in -lieu parking spaces shall be purchased from the City at the proposed Municipal parking lot to the rear of the property. Commissioner Allen stated that this would be agreeable because the applicant can come back before the Commission to ask that the condition be removed, if the lot is not completed. • 11111111 -48- MINUTES INDEX m � m 'v c` X W m > January 21, 1982 of Newport Beach MINUTES MLL CALL I III 111L I INDEX All Ayes • X I* IX I XI XI X Commissioner Allen's motion for 'approval of Use Permit No. 2049, was now voted on, subject to the findings and conditions of Exhibit "B" and, to include additional findings relating to the preparation of the Initial Study and Negative Declaration; an added finding that the parking which is being waived is on a separate building and not related to the remodel which is being requested; additional finding and conditions relating to the development guarantee of marine- oriented uses; that a document be recorded which would require that the residential use not be converted to any other use; condition on the parking waiver in allowing the existing, legal non - conforming building and the parking requirements be conditioned upon any change in the marine - oriented tenancy; Finding No. 7 be revised to include, "because of the conditions imposed relating to marine - oriented occupancy and permanent limitations on building size "; and, Condition No. 2 be revised with 18 in -lieu parking spaces shall be purchased from the City at the proposed Municipal parking lot to the rear of the property and include the additional condition for the money allocation of the parking, which MOTION CARRIED, as follows: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact.. 3. The increased building height will result in more public visual open space and views than is required by the basic height limit. 4. 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. 5._ The increased building height will not result in undesirable or abrupt scale relationships being . created between the structure and existing developments or public spaces. -49- rvve nv January 21, 1982 A m � pp . m m City of Newport Beach c s a m m MINUTES INDEX 6. The structure will have no more floor area than could have been achieved without the use permit for the building height. 7. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development on -site and through the purchase of in -lieu parking spaces because of the conditions imposed relating to marine- oriented occupancy and permanent limitations on the building size. 8. The Police Department has indicated that it does not contemplate any problems. 9. That the establishment of compact car parking spaces in the on -site parking area 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 or improvements in the neighborhood or • the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 10. The approval of Use Permit No. 2049 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 or improvements in the neighborhood or the general welfare of the City. 11. That the proposed Municipal lot is'so located as to be useful in connection with the proposed use of the property. 12. Parking on the Municipal lot will not create undue traffic hazards in the surrounding area in that the applicant is providing an 'ingress- egress easement to the City from West Coast Highway to said lot. 13. That approval of in -lieu parking in conjunction with this application shall not set a precedent. • for other similar requests in the vicinity. -50- -- -, .January 21, 1982 � r c m w. City of Newport Beach TI 14. 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 of this project. 15. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures (Condition Nos. 1 through 28) and that those mitigation measures reduce potentially significant impacts to a level of insignificance. 16. That the parking which is being waived is on a separate building and not related to the remodel of the existing structure which is being requested. 17. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and • the agreement of the applicant to ensure that marine- oriented uses occupy the excess floor area, or will remain vacant if not so occupied. CONDITIONS: 1. That development shall be in substantial conformance with the approved, revised plot plan, floor plans and elevations except as noted below. 2. That eighteen (18) in -lieu parking 'spaces shall be purchased from the City at the proposed Municipal parking lot to the rear of the property on an annual basis for the duration of the commercial use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. The number of in -lieu spaces shall be reduced to fifteen (15) spaces when portions of the existing structures are removed in conjunction with the widening of West Coast Highway. In the event a parking structure is built on the Municipal lot, a one time purchase fee, not to exceed $10,000 per space, shall be required. I ( I { I I I I 3. That the design of the off- street parking lot. • I shall be subject to further review by the City's Traffic Engineer. -51- MINUTES INDEX January 21, 1982 X � r � m w. City of Newport Beach 4. That one loading space be provided for the retail uses on the subject property. 5. That all development exceeding .5 times the buildable area on the site (i.e. 7,725 ± sq. ft.; reduced to 6,994 ± sq. ft. when portions of the existing structures are removed in conjunction with the widening of West Coast Highway) shall be limited to marine- oriented uses as defined in Section 20.62.070, D of the Municipal Code. Furthermore, development shall not exceed .86 times the buildable area on the property. 6. That if the particular percentage of marine - oriented uses are not maintained, due to a change in occupancy from marine - oriented to some other proposed uses, that the property not used by marine - oriented uses is to remain vacant and unused until a suitable tenant which fits the marine- oriented criteria is found. That the applicant or permittee consents to maintain that • space as unoccupied and understands that the vacancy may result in economic hardship. 7. That the applicant or permittee be accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage .of the structure by marine- oriented uses and the applicant or permittee waives any rights to defend any legal action brought by the City to defend any legal action brought by the City to specifically enforce those conditions of occupancy. 8. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine - oriented uses and shall provide copies of all document's requested by the Planning Department or the City in conjunction with that change in tenancy. 9. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .86 times the buildable area on. the subject property in consideration of granting the use permit to -52- MINUTES INDEX January 21, 1982 � r c m w. > City of Newport Beach exceed the height. The buildable area shall be reduced to .83 times the buildable area when portions of the existing structures are removed in conjunction with the widening of West Coast Highway. 10. That 10 of the required off - street parking spaces are waived in conjunction with the existing legal, nonconforming buildings on the property. However, the Commission shall have the right to review said parking waiver upon any change in the marine- oriented tenancy on the site. 11. That a document be recorded which would require that the residential use not be converted to any other use. 12. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 13. That all mechanical appurtenances be screened from • view and shall not exceed thirty -five feet above grade. Trash areas shall also be screened from West Coast Highway and adjoining properties. 14. That all signs shall meet the requirements of the Sign Code. 15. Should any resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities; and in accordance with City Policies K- 6 -K -7. 16. Final design of the project shall 'provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 17. The final design of the project shall provide for the sorting of recyclable material from other solid waste. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be • I I I I I ( included in any Covenants, Conditions, and Restriction which may be recorded against the property. I I I I 1 1 1 1 -53- MINUTES INDEX n x January 21, 1982 M t Beach MINUTES INDEX DISCLOSURE STATEMENT The lessee herein, his heirs, successors and assigns, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b.)When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.)The City of Newport Beach may continue to oppose additional commercial area service expansions at the John Wayne Airport; d.)Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air • service at the John Wayne Airport. 19. The applicants shall provide for weekly vacuum sweeping of all paved areas and drives. 20. The project shall be so designed to eliminate light and glare spillage on adjacent residential and commercial uses and on West Coast Highway. 21. That prior to the occupancy of the residential use, a qualified accoustical engineer shall demonstrate to the satisfaction' of the Planning Director that the noise impacts from West Coast Highway on the project does not exceed 65 db CNEL for outside living areas and the 'requirements of law for interior spaces. 22. That the proposed office uses on the site shall be limited to personal and professional services which are offered to the general public. 23. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. I 24. I I ( I That all improvements be constructed as required. . by ordinance and the Public Works Department. -54- vtry u.anvi•uv January 21, 1982 m - m F u City of Newport Beach 25. That 12 feet of right -of -way be dedicated to the public for street and highway purposes along the West Coast Highway frontage; that the existing structures be allowed to encroach into the public right -of -way until such time as the City widens West Coast Highway; and at that time the City shall pay only the cost of rehabilitating the fronts of the existing structures and removing the structures from the public right -of -way. Said structures shall be permitted to be located on the front property line after the required street dedication. 26. That an ingress, egress easement be provided to the City (from the proposed municipal parking lot to West Coast Highway) in the event that in -lieu parking in the proposed municipal parking lot for the subject development is approved. 27. That a 10- foot -wide drainage and public utility • easement be granted to the City through the drive. area from West Coast Highway to the City parking lot. In recognition of granting the public utilities easement, the City will quitclaim any rights it may have to an existing 6- foot -wide public utilities easement along the easterly property line. 28. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. FZ' ] • IIIIII11 -55- MINUTES INDEX MISSIONERS MINUTES January 21, 1982 n x � m m City of Newport Beach C 3 S INDEX Motion Ayes IXI*IX X X Motion was made to continue the public hearing to 12:30 Noes. X a.m., which MOTION CARRIED. Request to interior establish lot line one building site where portions and eliminate an of two parcels Item #5 presently exist. LOCATION: A portion of Lots 7 and 8, Tract No. 4225, located at 1617 Westcliff Drive, on the southwesterly side of Westcliff RESUB- Drive, between Irvine Avenue and Dover DIVISION Drive, in the Westcliff area. NT. 716 ZONE: C -N -H ' OWNER ANT. The Irvine Company, Barbara Company, NewportBeach ENGINEER: Van Del and Associates, Irvine The public hearing opened in connection with this item and Mr. Steve Lovell, the architect, representing the applicant, appeared before the Commission. Mr. Lovell presented background information on this request and stated that the applicant is desirous of converting the restaurant facility to office space. He added that the length of the applicant's leasehold interest, approximately 36 years, is sufficient to satisfy the requirements for a waiver of a parcel map. In response to a question posed by Commissioner Beek, Mr. Burnham explained the Commission's alternatives in waiving the requirement of the resubdivision. Motion X A71 Ayes * X X X X X Motion was made for approval of Exhibit "A ", subject to the findings and conditions of waiver for Resubdivision No. 716 as follows, which MOTION CARRIED: _ - -56- January 21, 1982 m � m City of Newport Beach a m m MINUTES INDEX FINDINGS: 1. That the building sites are under a combination of ownership in fee and leasehold interest. 2. . That the existing lease is of sufficient length to guarantee that the lots which constitute the building sites will be held as a single entity for the economic duration of the existing improvements. CONDITIONS: 1. That the requirement for a parcel map be waived. 2. That a firewall shall be constructed along the northwesterly side property line that meets the • requirements of the Uniform Building Code. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That the tree damaged sidewalk along the westerly - boundary of the parcel and along Sherington Place be reconstructed. 5. That arrangements be made with the Public Works Department to guarantee the satisfactory completion of the public improvements if it is desired to obtain building permits prior to the completion of the public improvements. • I I I� I I I I. -57 CALL • n U "AAISSIONERS MINUTES January 21, 1982 3 City of Newport Beach INDEX Request to change the operational characteristics of an Item #6 existing restaurant use so as to allow a daytime lunch operation during the week where the existing use permit now permits the opening of the restaurant facility after 5:00 p.m. Monday through Friday. Said application also includes a request to amend certain conditions of the existing use permit so as to reduce USE PERMIT the amount of required restaurant parking and to amend NO. 1908 the existing off -site parking agreement. I ended LOCATION: Parcel 1 of Parcel Map 79 -733 (Resubdivision No. 645), located at 3520 East Coast Highway, on the northerly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, in Corona del Mar. APPROVED. CONDI- zONE: C -1 TIONALLY- APPLICANT: Carmelo Manto, La Strada Restaurant, Corona del Mar OWNER: United California Bank, as trustee for Lola Bernice Baltz, Santa Ana Planning Director Hewicker suggested an additional condition of approval as follows, "That the required fire resistive corridor (i.e. one -hour fire walls or doors) between the rear dining area and the rear exit be installed by the applicant and approved by the Building Department prior to the beginning of the lunch operation of the restaurant facility during the week." The public hearing.opened in connection with this item and Mr. Carmelo Manto, owner of La Strada Restaurant, appeared before the Commission and requested approval of the proposed amended use permit. Commissioner Beek expressed his concern with the number of letters in opposition attached to the staff report. He stated that due to the lateness of the hour (midnight), a fair representation of the public may not be present. Mr. Manto stated that he had been at the hearing since 7:30 p.m. and that none of the neighbors or the persons who wrote the letters were present during that time. . -58- V %IVU''^11 `11'' January 21, 1982 � r = m a m m > fjCity of Newport Beach MINUTES 0 MLL CALL I 1 1 1 III I I INDEX M Commissioner Winburn stated that the majority of the letters in opposition came from one building only. She stated that by normal use, these persons have been using the applicant's parking lot during the lunchtime hours. Commissioner Balalis stated that the La Strada Restaurant is less intense in nature than most of the other restaurant facilities in the area. Motion Y Motion was made for approval of Use Permit No. 1908 (Amended) , subject to the findings and conditions of Exhibit "A ", with an additional condition relating to the installation of the fire resistive corridor. amendments to his motion. Commissioner Balalis stated that the parking lot in question is owned by the applicant, and that the applicant should have the right to use his own parking lot. Ayes Noes IX1*f 1 XI XI XX1 Amended Motion for approval of Use Permit No. 1908 (Amended) by Commissioner Balalis, .was now voted on as Absent follows, which AMENDED MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. • -59- Commissioner Allen expressed her concern that this use will generate an increase in the lunchtime traffic and stated that she would not be supporting the motion. She suggested that more community interface by the applicant would be appropriate. Wments K Commissioner Beek suggested that following amendments to the motion: Condition No. 7 to add the phrase, "and that the valets shall park only in approved off -site parking locations "; and, Condition No. 8 to add the phrase, . "at all times and that a notice of this requirement shall be posted on the employee bulletin Acceptance X board ". Commissioner Balalis accepted these items as amendments to his motion. Commissioner Balalis stated that the parking lot in question is owned by the applicant, and that the applicant should have the right to use his own parking lot. Ayes Noes IX1*f 1 XI XI XX1 Amended Motion for approval of Use Permit No. 1908 (Amended) by Commissioner Balalis, .was now voted on as Absent follows, which AMENDED MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. • -59- COMMISSICINERS January zl, 1982 MINUTES ice= . City of Newport Beach Ilk CALL INDEX 2. The project will not have any significant environmental impact, providing that adequate off - street parking spaces are provided. 3. That the off -site parking area (29 parking spaces) , across the alley from the restaurant is adequate to support the limited daytime restaurant operation requested. 4. That the applicant leases the parking lot across the alley from the restaurant facility, and therefore, has the authority to utilize the existing 29 parking spaces during the day as well as at night. 5. That the reduced number of nighttime, off - street parking spaces is adequate to support the existing nighttime restaurant operation. 6. The approval of Use Permit No. 1908 (Amended) will • not, under the circumstances of the particular. case, be detrimental to the health, safety, peace, morals, 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 floor plan. 2. That all previous conditions of Approval of Use Permit No. 1908 and 1908 (Amended) shall apply, 'except as noted below. 3. That an amendment to the existing offsite parking agreement be approved by the City Council, so as to delete the requirement to maintain the four off- street parking spaces in the Post Office parking lot. 4. That a limited daytime restaurant operation, to include the bar and the two front dining areas • only (1,451± sq.ft. of "net public area ") , shall be permitted, Monday through Friday. -60- � r c �?m�mmm January 21, 1982 MINUTES of Newport Beach 5.. That a minimum of one parking space /50 sq.ft: of "net public area" shall be provided for the limited daytime operation of the restaurant use, Monday through Friday, and a minimum of one parking space /47 sq.ft. of "net public area" shall be provided at night, Monday through Friday, and on weekends. 6. That the restaurant shall close by 11:00 p.m., Sunday through Thursday, and by 12:00 midnight, Friday and Saturday. 7. That valet parking service be provided during the hours the restaurant facility is open and that the valets shall park only in approved off -site parking locations. 8. That all employees shall be required to park on the approved off -site parking lots at all times and that'a notice of this requirement shall be posted on the employee bulletin board. . 9. No dancing or live entertainment shall be permitted unless an amended use permit application is approved by the City. 10. That the required fire resistive corridor (i.e. one -hour fire walls or doors) between the rear dining area and the rear exit be installed by the applicant and approved by the Building Department prior to the beginning of the lunch operation of the restaurant facility during the week. x Request to amend certain conditions of approval of Use Permit No. 1929 (Amended) that permitted a temporary bank building and drive -up teller facility in the P -C District so as to extend the time period of said permit and the acceptance of an environmental document. LOCATION: A portion of Block 93 of Irvine's Subdivision, located at 2344 East Coast Highway, on the northwesterly corner of East Coast Highway and MacArthur Boulevard, in Corona del Mar. • I I I I I I I 1 -61- INDEX Item #7 USE PERMIT N0. 1929 Amended COMMISSIONERS MINUTES January 21, 1982 r c m � m [*L �sn mm =00 0=20 City of ewport Beach X X CALL X r revisions to Condition No. 2 as suggested by Abstain- C INDEX Commissioner Allen. Amended motion for approval of.Use Absent * * P ZONE: P -C APPROVED Permit No. 1929 (Amended) , was now voted on, which CONDI- AMENDED MOTION CARRIED as follows: APPLICANT: Newport Harbour National Bank, TIONALLY Newport Beach OWNER: The Irvine Company, Newport Beach Commissioner Balalis stated that he would not be participating or voting on this item due to a possible conflict of interest. The public hearing opened in connection with this item and Mr. Dick Hogan, representing the applicant, appeared before the Commission. Mr. Hogan stated that this request for an extension of the use is necessary because the General Plan Amendment has not been approved. He referred to Condition of Approval No. 3 and expressed his concern that this condition is not needed, because it obligates the Bank to enter into an agreement that would require the fundings of the ultimate permanent street improvements for the widening of East Coast Highway at this time. He stated that the Commission will have another opportunity to review the Bank request when the property owner prepares and submits to the City a development plan for the ultimate use of the property. Motion I III IXI I I Motion was made for approval of Use Permit No. 1929. (Amended) subject to the finding and conditions of Exhibit "A ". Commissioner Allen referred to Condition of Approval No. 2 and expressed her concern that if General Plan Amendment 80 -3 is rescinded, the applicant may have a problem. She suggested that Condition No. 2 include this concern with the revised Condition No. 2 as suggested in the current staff report, and the motion to also include the condition as written in Exhibit "A" Amended Motion C Commissioner Beek amended his motion to include the Ayes X X X X X X r revisions to Condition No. 2 as suggested by Abstain- C Commissioner Allen. Amended motion for approval of.Use Absent * * P Permit No. 1929 (Amended) , was now voted on, which AMENDED MOTION CARRIED as follows: I I I I I I I 1 z January 21, 1982 Beach MINUTES ■ 75LL CALL 1 1 1 1 1 1 1 1 1 INDEX • • FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. Adequate off - street parking spaces are being provided for the proposed development. 4. That the proposed development is temporary in nature, and will not preclude the preparation of a development plan for, the ultimate use of the property. 5. The approval of Use Permit No. 1929 (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 conditions of approval for Use Permit No. 1929 (Amended) approved by the Planning Commission on September 4, 1980, shall apply to this application, except as may be revised below. 2._ If General Plan Amendment 80 -3 is rescinded, then this permit can extend for a period of 18 months, (until September 30, 1983), providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 18 months of approval of this application. A one year extension may be granted by the Modifications Committee, subject to.the landowner having submitted said P -C Development Plan for the ultimate use of the property. -63- � r � m . m D z January 21, 1982 Beach MINUTES ■ 75LL CALL 1 1 1 1 1 1 1 1 1 INDEX • • FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. Adequate off - street parking spaces are being provided for the proposed development. 4. That the proposed development is temporary in nature, and will not preclude the preparation of a development plan for, the ultimate use of the property. 5. The approval of Use Permit No. 1929 (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 conditions of approval for Use Permit No. 1929 (Amended) approved by the Planning Commission on September 4, 1980, shall apply to this application, except as may be revised below. 2._ If General Plan Amendment 80 -3 is rescinded, then this permit can extend for a period of 18 months, (until September 30, 1983), providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 18 months of approval of this application. A one year extension may be granted by the Modifications Committee, subject to.the landowner having submitted said P -C Development Plan for the ultimate use of the property. -63- January 21, 1982 � r c m pp City of Newport Beach MINUTES INDEX However, if General Plan Amendment 80 -3 is not rescinded, then this permit shall extend for a period of 12 months (until March 31, 1983), providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 12 months of the approval of this application. A one year extension may be granted by the Modifications Committee, subject to the landowner having' submitted said P -C Development Plan for the ultimate use of the property. 3. That a resubdivision and parcel map shall be filed, or that an agreement be entered into by March 31, 1982, that would provide for the fundings of the ultimate permanent street improvements for the widening of East Coast Highway across the frontage of the applicant's property, and that an adequate surety be provided to guarantee its construction. The agreement shall be between the applicant, and the property . owner, and the City. Commissioner Beek expressed his concern, due to the lateness of the hour (12:00 midnight), that any items of public importance should not be heard at this time. -64- COMMISSIONERS MINUTES January 21, 1952 � x �r c m m m City of Newport Beach 1417 CALL 7M I INDEX • I I I I I I I APPLICANT: Rick Lawrence, Newport Beach OWNER: Same as applicant Planning Director Hewicker stated that the request for dancing has been withdrawn by the applicant. The public hearing opened in connection with this item and Mr. Jack Pautsch, representing the applicant, appeared before the Commission and requested approval of the amended use permit. Mr. Rick Lawrence, the owner and applicant, stated that an additional height limit, in excess of the original request, is needed in order to install the elevator with the necessary clearance. He stated that he has already purchased the elevator. Commissioner Winburn asked Mr. Lawrence when he anticipates that this project will be completed. Mr. Lawrence stated the plans will have to be submitted to the Coastal Commission. IIIIIIII -65- Request to amend a previously approved use permit that Item #8 permitted the remodeling of an existing commercial building that included the establishment of a new "take -out" restaurant facility, with expansion of an existing restaurant facility with on -sale alcoholic beverages, the establishment of a new two -story cocktail lounge with live entertainment, and the USE PERMIT expansion of an existing hotel. The application is N0. 1717 necessary so as to permit the further expansion of the Amended) hotel facility on the third floor of the structure. The proposal also includes a variance so as to allow the proposed development to exceed the basic height limit in the 26/35 Foot Height Limitation District,.and to exceed the allowable floor area of two times the buildable area of the site in the C -1 District. APPROVED CONDI- LOCATION: Lot 19, Block 21, Newport Beach Tract, TI -- N LLY located at 2106 Ocean Front and McFadden Plan, in McFadden Square. • I I I I I I I APPLICANT: Rick Lawrence, Newport Beach OWNER: Same as applicant Planning Director Hewicker stated that the request for dancing has been withdrawn by the applicant. The public hearing opened in connection with this item and Mr. Jack Pautsch, representing the applicant, appeared before the Commission and requested approval of the amended use permit. Mr. Rick Lawrence, the owner and applicant, stated that an additional height limit, in excess of the original request, is needed in order to install the elevator with the necessary clearance. He stated that he has already purchased the elevator. Commissioner Winburn asked Mr. Lawrence when he anticipates that this project will be completed. Mr. Lawrence stated the plans will have to be submitted to the Coastal Commission. IIIIIIII -65- January 21, 1982 3 x m � m m x y City of Newport Beach MINUTES 0 M5LL CALL I I I I 1 1 1 1 I INDEX M In response to a question posed by Vice - Chairman King, Planning Director Hewicker suggested that an additional finding could be imposed for the additional height of the elevator. penthouse, which would state that the variance is needed for the elevator penthouse structure. In response to a question posed by Commissioner Kurlander, Mr. Lawrence stated that as soon as the Coastal Commission has approved the plans, his construction crews are ready to finish the project. Motion X Motion was made for denial of Use Permit No. 1717 Ayes X X X (Amended), subject to the findings of Exhibit "A ", Noes X X X which MOTION FAILED. Absent Commissioner Allen expressed her concern that another summer with the barricades around the project will impact the adjacent businesses and neighborhood. She suggested that a condition of approval be imposed which would state, that this approval takes affect upon • completion and occupancy of what is currently existing and framed now. Mr. Bob Burnham, Acting City Attorney, suggested that the condition of approval state, that no building permit shall be issued for improvements which are proposed under this amendment, until occupancy. Mr. Pautsch stated that they are desirous of coordinating and completing the requested improvements simultaneously. Commissioner Allen stated that at a previous parking committee meeting, the applicant's planning consultant had stated that the project would be finished and occupied by April 1st of 1982. She stated that she would like the framed portion to be occupied as soon as possible, in return for allowing the requested density. Mr. Pautsch stated that they are ready to begin on the lower portion of the building as soon as possible. Commissioner Balalis suggested a condition of approval which would require that all work must be completed on the whole project no later than July 1, 1982, and that the applicant be required to place a $50,000 performance bond which will be forfeited if the project • is not completed by that day. -66- vvv%1`1` January 21, 1982 a m m =0 3 City of Newport Beach MINUTES LL CALL I I I I I I I I I INDEX E Mr. Pautsch asked the staff how long it will take to obtain Coastal Commission approval. Planning Director Hewicker stated that it would take one to two months for the applicant to schedule a hearing before the Coastal Commission. Mr. Pautsch stated that they would be agreeable to a stipulation that by the July 1st deadline, that the building be completed and the barriers be removed in the portion of the existing building, which does not include the improvements which are being requested. Commissioner Allen suggested a June 1, 1982 deadline for the barricades to be removed, the ground floor to be completed, and the top floor as it is currently framed, to be completed. Mr. Pautsch requested a July 1st deadline, with 60 days to complete the balance of the work, because of construction difficulties that. • will be encountered when summer begins. In response to a question posed by Commissioner Beek, Mr. Burnham suggested that some other type of instrument, satisfactory to the City Attorney's Office, be utilized to ensure the monies upon demand, rather than a performance bond. Commissioner Allen stated that the mechanism for the monies can be determined by the City Attorney's Office. Commissioner Allen stated that if the addition is not built onto the project by June lst, and the Coastal Commission does not approve the project, the applicant would not forfeit the monies. Mr. Pautsch clarified that if the construction is completed, but their tenant is not ready to open for business by the deadline date, they would not want to forfeit the money. Commissioner Allen stated that the interior and exterior of the building should be finished. She stated that if the tenant decides not to open the door, the applicant would not forfeit the money. • 11111111 -67- v v v 1" .mow January 21, 1982 3 � � r c F w. City of Newport Beach MINUTES N ILL CALL I III III I I INDEX E Motion Ayes Noes Absent Motion was made for approval of Use Permit No. 1717 (Amended), subject to findings and conditions of Exhibit "B ", with the additional conditions as follows: That by June 1, 1982, the bottom floor will be finished and occupied. The upper floor will be finished on the exterior and the barricades will be down. And, that by September 1, 1982, the project will be completed in its entirety. The City Attorney's Office will determine the instrument utilized for the $50,000 deposit. Both dates must be met by the applicant, or the deposit is forfeited, not either /or. Commissioner Beek stated he would be voting No on the motion, partially because of the lateness of the hour at 12:30 a.m. and that the public does not have a_ chance to be represented. X X X X X Commissioner Allen's motion for approval of Use Permit No. 1717 (Amended) was now voted on as follows, which * MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. The applicant, in reliance upon previous City approvals, has made substantial improvements and changes to the structure. There is no other area available in the immediate vicinity available for the further expansion of the existing structure or uses. 2. That the granting of the application, including the proposed elevator penthouse structure, is necessary for the preservation and enjoyment of substantial property rights of the applicant in that significant alterations to the structure has already been performed by the applicant. The additional floor area and building height will effect the economic viability of the development. • 11111111. -68- January 21, 1982 � r c m � m m x. City of Newport Beach MINUTES 0 IrLL CALL I I I I III I I INDEX E • • 3. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property or the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property or improvements in the neighborhood, in that the redevelopment of this area is to be encouraged. 4. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. The proposed development will be an asset to McFadden Square, and will help rehabilitate a blighted area in the City. 5. The project will not have any significant environmental impact. 6. The Police Department has indicated that they do not contemplate any problems. 7. The approval of Use Permit No. 1717 (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 or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs shall meet the requirements of Chapter 20.06 of the Newport Beach Municipal Code. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. "/WSSIONERS .January 21, 1982 m C a City of Newport Beach a m m 4. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. That this condition shall not apply to the Ritz Restaurant. 5. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 6. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 7. That there be no dancing in the new restaurant without amending this use permit. 8. That the applicant shall obtain the services of an acoustical engineer and shall provide evidence of . existing ambient outside noise levels. The building shall be insulated in such a manner as to maintain outside sound at the existing ambient level. 9. Applicant shall purchase annual permits from the City for twelve (12) parking spaces in the adjoining Municipal Lot in lieu of providing the required parking spaces in an approved off -site location. 10. That all improvements be constructed as required by Ordinance and the Public Works Department. 11. That damaged and /or deteriorated portions of existing concrete sidewalk be reconstructed along the McFadden Place and West Ocean Front frontages, and that the work be completed under an encroachment permit issued by the Public Works Department. 12. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain an occupancy permit prior to completion of public improvements. • -70- MINUTES INDEX n x � r c N � W c m a 7c w D • January 21, 1982 of Newport Beach 13. That an encroachment permit be obtained for that portion of the structure within the City right - of -way. 14. That by June 1, 1982, the bottom floor shall be finished and ready for final inspection; the upper floors shall be finished on the exterior; and all barricades shall be removed. By September 1, 1982, the project shall be completed in its entirety and in accordance with all appropriate plans and specifications. 15. To insure that the applicant complies with Condition No. 14, the applicant shall enter into an agreement, approved as to form .and content by the City Attorney, pursuant to which the applicant is obligated to pay to the City the sum of $50,000 in the event that the applicant fails to comply with any of the provisions of Condition No. 14. Vice - Chairman King ruled that the remaining Agenda items be continued to the Planning Commission Meeting of February 4, 1982. The Planning Commission adjourned at 12:30 a.m. � x Joan Winburn, Secretary Planning Commission City of Newport Beach 40 11111111 -71- MINUTES INDEX