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Home My WebLink About01/24/1985WNWV )NUNtKJ REGULAR PLANNING COMMISSION MEETING MINUTES X x PLACE: City Council Chambers c o x v = TIME: 7:30 p.m. v r v m z c m m z DATE: January 24, 1985 C 2 N C> 0 0 X = r m City of Newport Beach a ROLL CALL INDEX Present K x K K x x x Commissioner Goff arrived at 7:50 p.m. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert H. Burnham, City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Patricia Temple, Environmental Coordinator 1' Craig Bluell, Senior Planner - Donald Webb, City Engineer Dee Edwards, Secretary a x x Item #1 Variance No. 1119 (Continued Public Hearing) Variance NO. 1119 Request to permit the construction of single - family dwelling in the R -1 District which exceeds two times Continued the buildable area of the site. The proposal also to includes a modification to the Zoning Code so as to February allow the proposed structure to encroach 15 feet into 21 1985 the required 15 foot front yard setback. LOCATION: Lot 1, Tract no. 802 and an adjoining parcel measured from Lot 1 to the ordinary high tide line, located at #1 Harbor Island Drive, on the northwesterly end of Harbor Island Drive, on Harbor Island. ZONE: R -1 APPLICANT:Donald Bendetti, Newport Beach ' OWNER: E. Llewellyn Overholt, Jr., Anaheim Commission Chairman Winburn informed the Planning Commission that she has read the January 10, 1985, Planning Commission draft minutes and is prepared to participate in the Planning Commission's action on this matter. Planning Director Hewicker stated that Mr. Bendetti has informed him that a setback line of zero feet adjacent COMMISSIONERS( January 24, 1985 MINUTES Motion Ayes x', Absent • Beach to the bay and the suggested 6,740 sq. ft. of floor area that were proposed in the staff report, would still not be a sufficient area to construct the home that he wishes to build on the parcel. The public hearing opened in connection with this item, and Mr. Donald Bendetti, #5 Inverness Lane, Newport Beach, appeared before the Planning Commission. Mr. Bendetti commented that to change Districting Map No. 23, on the subject property. from 15 feet to zero feet adjacent to the bay is acceptable to him. Mr. Bendetti stated that he was prepared to agree to a buildable area of 7,400 sq.ft. as recommended by staff in the January 10, 1985, staff report; however, he commented that he would not be able to construct the subterranean garage and he would have to reduce the size of the first and second floors if he reduced the buildable area to 6,740 sq. ft, as recommended by staff. In response to a question posed by Mr. Hewicker, Mr. Bendetti stated that he would submit new plans reflecting the 7,400 sq. ft. of floor area to the staff prior to the Februrary 21, 1985, Planning Commission meeting. Mr. Michael Gering, Attorney, 5000 Birch St., Newport Beach, appeared before the Planning Commission representing the Harbor Island Homeowner's Association. Mr. Gering stated that the Homeowner's Association opposes any encroachment into the 15 foot setback area and he further stated that he does not know what action the Homeowner's Association will take regarding the Amendment to the Districting Map No. 23 and the variance to exceed the two times the buildable area on the site. Mr. Gering advised that the Homeowner's Association will be in a position to state whether they will support or not support the Amendment on February 21, 1985. Commissioner Person made a motion to initiate an Amendment to Districting Map No. 23 so as to reduce the required setback on the subject property as shown in the staff report, and to continue. variance No. 1119 to February 21, 1985. Motion voted on and MOTION CARRIED. A. General Plan Amendment 83 -1(A) (Public Hearing) Consideration of Amendments to the Land Use, Residential Growth and Recreation and Open Space -2- . Item #2 GPA 83 -1A GPA 83 -1D F c O O A 2 - 1 9 y m 2 c m > m Z C 2 Am N v 3 C, 0 S 0 `f I }y ■V 8 9 Z Z m' 9 x 2 71 m m OI Motion Ayes x', Absent • Beach to the bay and the suggested 6,740 sq. ft. of floor area that were proposed in the staff report, would still not be a sufficient area to construct the home that he wishes to build on the parcel. The public hearing opened in connection with this item, and Mr. Donald Bendetti, #5 Inverness Lane, Newport Beach, appeared before the Planning Commission. Mr. Bendetti commented that to change Districting Map No. 23, on the subject property. from 15 feet to zero feet adjacent to the bay is acceptable to him. Mr. Bendetti stated that he was prepared to agree to a buildable area of 7,400 sq.ft. as recommended by staff in the January 10, 1985, staff report; however, he commented that he would not be able to construct the subterranean garage and he would have to reduce the size of the first and second floors if he reduced the buildable area to 6,740 sq. ft, as recommended by staff. In response to a question posed by Mr. Hewicker, Mr. Bendetti stated that he would submit new plans reflecting the 7,400 sq. ft. of floor area to the staff prior to the Februrary 21, 1985, Planning Commission meeting. Mr. Michael Gering, Attorney, 5000 Birch St., Newport Beach, appeared before the Planning Commission representing the Harbor Island Homeowner's Association. Mr. Gering stated that the Homeowner's Association opposes any encroachment into the 15 foot setback area and he further stated that he does not know what action the Homeowner's Association will take regarding the Amendment to the Districting Map No. 23 and the variance to exceed the two times the buildable area on the site. Mr. Gering advised that the Homeowner's Association will be in a position to state whether they will support or not support the Amendment on February 21, 1985. Commissioner Person made a motion to initiate an Amendment to Districting Map No. 23 so as to reduce the required setback on the subject property as shown in the staff report, and to continue. variance No. 1119 to February 21, 1985. Motion voted on and MOTION CARRIED. A. General Plan Amendment 83 -1(A) (Public Hearing) Consideration of Amendments to the Land Use, Residential Growth and Recreation and Open Space -2- . Item #2 GPA 83 -1A GPA 83 -1D 0 COMPAISSIONERS Item #3 Resubdivi- sion January 24, 1985 LOCATION: Portions of blocks 93, 95 and 96, Irvine's Continued subdivision located at 875 Marguerite Avenue, to on the southwesterly corner of Marguerite r o O n C Avenue and Harbor View Drive and 3400 Fifth 1985 Avenue, on the northeasterly side of Fifth 2 Newport Beach city limits, in Corona Del Mar. T C 2 ( O a o o 1= a z. City of Newport Beach t Elements of the Newport Beach General Plan for the Marguerite Avenue, Fifth Avenue and Buck Gully Parcels; B. General Plan Amendment 83 -1(D) (Public Hearing) Consideration of Amendments to the Land Use and Residential Growth Elements of the Newport Beach General Plan for the Fifth Avenue/MacArthur Parcel. LOCATION: Marguerite Parcel (Jasmine Park): Westerly of Marguerite Avenue between Fifth Avenue and Harbor View Drive; Fifth Avenue Parcel (Corona Del Mar Cottage Homes): Northerly of Fifth Avenue between Marguerite Avenue and Buck Gully; Buck Gully: Northeasterly of Fifth Avenue and Poppy Avenue, between Harbor View Hills and the easterly city boundary. Fifth Avenue/MacArthur (Brisa Del Mar): Northeasterly of the intersection of MacArthur Boulevard and East Coast Highway between Sea Lane and Fifth Avenue. ZONE: R -1 -B and P -C INITIATED BY: The City of Newport Beach MINUTES Continued to Feb. 21, 1985 Resubdivision No. 798 (Public Hearing) Request to resubdivide two existing parcels of land containing 43.42 acres into.four parcels for conveyance Item #3 Resubdivi- sion purposes. No. 798 LOCATION: Portions of blocks 93, 95 and 96, Irvine's Continued subdivision located at 875 Marguerite Avenue, to on the southwesterly corner of Marguerite Feb. 21, Avenue and Harbor View Drive and 3400 Fifth 1985 Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach city limits, in Corona Del Mar. ZONE: R -1 -B APPLICANT:The Irvine Company, Newport Beach -3- COMMISSIONERS F x a 0 `{ '0 v r o m Z c m o m z W a s z r 0 x CZ z m a; 0 0 = 0 a Z a M Z T m n January 24, 1985 of Newport Beach OWNER: Same as applicant. ENGINEER: VTN Consolidated,. Inc., Irvine Planning Director Hewicker presented an outline format for use during the public hearing to help structure the discussion on the General Plan Amendment and related Amendment and Tract Map items. General Plan Amendment 83 -1(A) is a proposal to amend the Newport Beach General Plan which pertains to the parcel of land on Marguerite which is referred to as Jasmine Park; the Fifth Avenue parcel which is the Corona del Mar Cottage Homes; and the Buck Gully Parcel. General Plan Amendment 83 -1(D) pertains to the Fifth Avenue/MacArthur Parcel which is referred to as Brisa del Mar. The types of issues that generally come under the General Plan hearing are density increases being proposed; issues of open space and recreation uses and parks; affordable housing; senior citizen housing; traffic and circulation. Mr. Hewicker stated that when the public hearing is opened regarding the specific projects Corona del Mar Cottage Homes, Jasmine Park and Brisa del Mar, that the items for discussion include height limits; design and improvements of alleys; lot sizes and landscaping; numbers of parking spaces; heights of structures; and preservation of views. Mr. Hewicker recommended that first the general types of issues regarding the General Plan Amendment be heard, and secondly, the recommended specific issues regarding Corona del Mar Cottage Homes, Jasmine Park and Brisa del Mar be heard. Mr. Hewicker commented that staff received correspondence prior to the Planning Commission meeting from Jean Lyons, 1014 Sea Lane opposing the General Plan Amendment; William Kennedy and Associates opposing Brisa del Mar; and Donald and Ruth Keenan, Sandcastle Avenue, Corona del Mar, opposing Corona del Mar Cottage Homes. The public hearing opened in connection with this item, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission on behalf of the applicant, The Irvine Company. Mr. Neish presented a brief background of the General.Plan Amendment 83 -1(A) -4- MINUTES INDEX January 24, 1985 of Newport Beach MINUTES ROLL CALL I III III I INDEX • to the Planning Commission by stating that in January, 1983, the Planning Commission considered a General Plan Amendment and forwarded recommendations to the City Council. Before any action was taken by the City Council, The Irvine Company withdrew the request for two reasons: the need for senior housing and recreation and open space issues to be addressed in the Recreation and Open Space Element review. Mr. Neish stated that the city has shown since that time, an increasing interest in the Corona del Mar area, specifically to preserve environmental resources; to provide recreation and open space opportunities; to provide for a variety of housing needs in the community, including affordable and senior housing. The General Plan Amendment as proposed by The Irvine Company will involve density increases on three sites resulting in three housing types: apartments, attached single family housing and detached single family housing. Mr. Neish stated that a commitment has been made by The Irvine Company to permanently designate Buck Gully as an open space area. A view park and expansion for Oasis is being proposed, and affordable housing and senior housing is being proposed. Mr. Neish stated that the current General Plan allows 108 units on the subject sites. Under the proposed General Plan the total would be 223 units, an increase of 115 units. The Brisa del Mar site would be increased to 16.0 density units/buildable acre; the Jasmine Park site would be increased to 6.7 density units/buildable acre; the Corona del Mar Cottage Homes would be increased to 9.8 density units/buidable acre. The Irvine Company agrees with the City that the proposed project is compatible with the overall development pattern in the area. Mr. Neish explained that the The Irvine Company selected Brisa del Mar for senior housing for several reasons, namely: that the MacArthur Boulevard /Fifth Avenue/East Coast Highway site area is conveniently located; that the site is near Newport Center and the medical facilities located at Newport Center; that MacArthur Boulevard is a major transportation corridor; that the Orange County Transportation District will be relocating a major facility near MacArthur Boulevard; and that the 16.0 density units/buildable area would be more compatible with the proposed site than the other sites in the project area. -5- F � C O O x _ L r V m z c C m a m z m a z r o x C 2 N O S O O M M O m a m T z z S 2 e z m m January 24, 1985 of Newport Beach MINUTES ROLL CALL I III III I INDEX • to the Planning Commission by stating that in January, 1983, the Planning Commission considered a General Plan Amendment and forwarded recommendations to the City Council. Before any action was taken by the City Council, The Irvine Company withdrew the request for two reasons: the need for senior housing and recreation and open space issues to be addressed in the Recreation and Open Space Element review. Mr. Neish stated that the city has shown since that time, an increasing interest in the Corona del Mar area, specifically to preserve environmental resources; to provide recreation and open space opportunities; to provide for a variety of housing needs in the community, including affordable and senior housing. The General Plan Amendment as proposed by The Irvine Company will involve density increases on three sites resulting in three housing types: apartments, attached single family housing and detached single family housing. Mr. Neish stated that a commitment has been made by The Irvine Company to permanently designate Buck Gully as an open space area. A view park and expansion for Oasis is being proposed, and affordable housing and senior housing is being proposed. Mr. Neish stated that the current General Plan allows 108 units on the subject sites. Under the proposed General Plan the total would be 223 units, an increase of 115 units. The Brisa del Mar site would be increased to 16.0 density units/buildable acre; the Jasmine Park site would be increased to 6.7 density units/buildable acre; the Corona del Mar Cottage Homes would be increased to 9.8 density units/buidable acre. The Irvine Company agrees with the City that the proposed project is compatible with the overall development pattern in the area. Mr. Neish explained that the The Irvine Company selected Brisa del Mar for senior housing for several reasons, namely: that the MacArthur Boulevard /Fifth Avenue/East Coast Highway site area is conveniently located; that the site is near Newport Center and the medical facilities located at Newport Center; that MacArthur Boulevard is a major transportation corridor; that the Orange County Transportation District will be relocating a major facility near MacArthur Boulevard; and that the 16.0 density units/buildable area would be more compatible with the proposed site than the other sites in the project area. -5- January 24, 1985 of Newport Beach MINUTES ROLL CALL I III Jill INDEX In regard to open space and parks, Mr. Neish stated that the development rights of Buck Gully would be eliminated by the removal of the alternate low density designation of Buck Gully and that the Land Use Element of the current General Plan will be in conformance with the City's Coastal Land Use Plan. The draft Recreation and Open Space Element that shows an expansion of the OASIS park site on the Corona del Mar Cottage Homes site. The project submitted proposes the dedication of a parcel be suitable for the OASIS expansion, according to Mr. Neish. The Irvine Company has stated that the view park on the Jasmine Park site and the greenbelt corridor along Jasmine Creek on the westerly side will be incorporated. Mr. Neish stated that a lot near the intersection of Poppy Avenue and Fifth Avenue will be redesigned to provide a view corridor up Buck Gully from the end of Fifth Avenue. • In reference to affordable housing, Mr. Neish informed the Planning Commission that 84 affordable units will be provided at the Brisa del Mar site which will include 60 matching units for Newport Center. Mr. Neish stated that The Irvine Company has proposed that the senior housing will consist of 96 units, 84 of these units will be affordable housing, a minimum of fifty percent (48 units) will be reserved for seniors on a 90 day basis. The Irvine Company proposes that seniors will be classified as 55 years and older. If the seniors do not rent the units within a reasonable period of time, then The Irvine Company would rent to non - seniors. Senior citizens would have the first right to rent the specifically designed senior units. The projects as proposed will provide a variety of housing types, namely: apartments, attached single family, and detached single family housing. Mr. Neish also stated that the project will provide for a variety of economic ranges. In reference to traffic and circulation, Mr. Neish cited that the proposed land uses would generate an estimated 2,110 daily trip ends, an increase of 706 . daily trips from the current plan. Mr. Neish explained that the Environmental Impact Report did not assume occupancy by seniors, but included a standard generation, which would be an average of 13 trips per unit. Under a senior plan the average would be 5 to 6 trips per unit, or 300 to 500 fewer trips per day, that -6- z C C O O 2 _ T r 9 m z c C m> m z a s r z r n x C a H O; O 0 S m 0 m D T T Z 9 Z 2 Z T m January 24, 1985 of Newport Beach MINUTES ROLL CALL I III Jill INDEX In regard to open space and parks, Mr. Neish stated that the development rights of Buck Gully would be eliminated by the removal of the alternate low density designation of Buck Gully and that the Land Use Element of the current General Plan will be in conformance with the City's Coastal Land Use Plan. The draft Recreation and Open Space Element that shows an expansion of the OASIS park site on the Corona del Mar Cottage Homes site. The project submitted proposes the dedication of a parcel be suitable for the OASIS expansion, according to Mr. Neish. The Irvine Company has stated that the view park on the Jasmine Park site and the greenbelt corridor along Jasmine Creek on the westerly side will be incorporated. Mr. Neish stated that a lot near the intersection of Poppy Avenue and Fifth Avenue will be redesigned to provide a view corridor up Buck Gully from the end of Fifth Avenue. • In reference to affordable housing, Mr. Neish informed the Planning Commission that 84 affordable units will be provided at the Brisa del Mar site which will include 60 matching units for Newport Center. Mr. Neish stated that The Irvine Company has proposed that the senior housing will consist of 96 units, 84 of these units will be affordable housing, a minimum of fifty percent (48 units) will be reserved for seniors on a 90 day basis. The Irvine Company proposes that seniors will be classified as 55 years and older. If the seniors do not rent the units within a reasonable period of time, then The Irvine Company would rent to non - seniors. Senior citizens would have the first right to rent the specifically designed senior units. The projects as proposed will provide a variety of housing types, namely: apartments, attached single family, and detached single family housing. Mr. Neish also stated that the project will provide for a variety of economic ranges. In reference to traffic and circulation, Mr. Neish cited that the proposed land uses would generate an estimated 2,110 daily trip ends, an increase of 706 . daily trips from the current plan. Mr. Neish explained that the Environmental Impact Report did not assume occupancy by seniors, but included a standard generation, which would be an average of 13 trips per unit. Under a senior plan the average would be 5 to 6 trips per unit, or 300 to 500 fewer trips per day, that -6- • Motion Substitute Notion Ayes Noes x January 24, 1985 Beach would be a total net reduction of 200 to 300 trips per day. Mr. Neish stated that the total 706 daily trips would not all be using the same traffic pattern. Mr. Neish further stated that Corona del Mar has a deficient traffic system, and that the intersection of East Coast Highway and Marguerite Avenue is not acceptable; however, he cited that the proposed development would not generate a major increase in traffic. Mr. Neish stated that the State of California is requesting the City provide a variety of housing types at more affordable price ranges. The Irvine Company concurs with the staff recommendations of the General Plan Amendment. Mr. Neish stated that there is a difference of opinion between The Irvine Company and staff regarding senior housing. Mr. Neish has requested that The Irvine Company meet with staff prior to the next Planning Commission meeting regarding differences of opinion that occur in the staff's conditions of approval. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission as the designated principal speaker for OASIS, Advocacy Chairman of Friends of Oasis, Chairman of the Ad -Hoc Committee regarding the proposed project, and a staff member of County of Orange Agency on Aging. Mr. Miller requested to speak for 20 minutes on behalf of the senior citizens. Mr. Miller informed Commissioner Turner that there are 3,500 Friends of OASIS. Commissioner Turner made a motion to allow Mr. Miller to speak for 15 minutes. Commissioner Goff made a substitute motion to allow Mr. Miller to speak for 20 minutes. Substitute motion voted on, and MOTION CARRIED. Mr. Miller informed the Planning Commission that OASIS concurs with staff's recommendations regarding senior housing; however, they believe that the senior housing is being proposed in the wrong area of the corridor. Mr. Miller referred to the Friends of OASIS' letter dated January 16, 1985, addressed to the Planning Commission, making the following recommendations: (1) That the Irvine Company dedicate to the City an 80 foot by 400 foot land strip adjacent to the OASIS east parking lot and driveway and from the senior garden area to Fifth Avenue, (2) That the proposed senior housing be relocated, and (3) that The Irvine Company redesign the senior housing to one -story attached homes. -7- MINUTES A x C o x - a v m z c m> m z p a m O 2 r ; 0 x ° City 2 9 Z m a Z Z m T m m of x January 24, 1985 Beach would be a total net reduction of 200 to 300 trips per day. Mr. Neish stated that the total 706 daily trips would not all be using the same traffic pattern. Mr. Neish further stated that Corona del Mar has a deficient traffic system, and that the intersection of East Coast Highway and Marguerite Avenue is not acceptable; however, he cited that the proposed development would not generate a major increase in traffic. Mr. Neish stated that the State of California is requesting the City provide a variety of housing types at more affordable price ranges. The Irvine Company concurs with the staff recommendations of the General Plan Amendment. Mr. Neish stated that there is a difference of opinion between The Irvine Company and staff regarding senior housing. Mr. Neish has requested that The Irvine Company meet with staff prior to the next Planning Commission meeting regarding differences of opinion that occur in the staff's conditions of approval. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission as the designated principal speaker for OASIS, Advocacy Chairman of Friends of Oasis, Chairman of the Ad -Hoc Committee regarding the proposed project, and a staff member of County of Orange Agency on Aging. Mr. Miller requested to speak for 20 minutes on behalf of the senior citizens. Mr. Miller informed Commissioner Turner that there are 3,500 Friends of OASIS. Commissioner Turner made a motion to allow Mr. Miller to speak for 15 minutes. Commissioner Goff made a substitute motion to allow Mr. Miller to speak for 20 minutes. Substitute motion voted on, and MOTION CARRIED. Mr. Miller informed the Planning Commission that OASIS concurs with staff's recommendations regarding senior housing; however, they believe that the senior housing is being proposed in the wrong area of the corridor. Mr. Miller referred to the Friends of OASIS' letter dated January 16, 1985, addressed to the Planning Commission, making the following recommendations: (1) That the Irvine Company dedicate to the City an 80 foot by 400 foot land strip adjacent to the OASIS east parking lot and driveway and from the senior garden area to Fifth Avenue, (2) That the proposed senior housing be relocated, and (3) that The Irvine Company redesign the senior housing to one -story attached homes. -7- MINUTES COMMISSIONERS F z C O A F = 1 v z c m> m m z Ol a 31 = r 2 2 m v 3 o O O v m O MC m D M Z S 2 9 2 M m January 24, 1985 of Newport Beach MINUTES ROLL CALL 11_ I 1 INDEX Mr. Miller stated the following reasons regarding the request for the 80 foot land strip: to avoid encroachment on OASIS' main entry and exit; that the strip would prohibit homeowners from. using OASIS' parking lot; that the strip would enable clear space to the alleyway; to provide additional parking space; and to provide an area for a future adult day care center. Mr. Miller cited that OASIS has no interest in the property dividing OASIS and Harbor View .Hills. Mr. Miller stated that OASIS would not object if The Irvine Company graded the stated strip of land providing that an agreement would be made with the homeowners on Sandcastle Drive that a retaining wall be built and that landscaping be provided by The Irvine Company after the grading is completed. OASIS would prefer if the stated strip of land would not be disturbed and continued in the ownership of The Irvine Company. Mr. Miller commented that The Irvine Company advised • OASIS at the November 19, 1984, meeting at OASIS that there would be some view blockage on the Buck Gully end of Sandcastle Drive because of two -story homes near the end of Buck Gully and Fifth Avenue. Mr. Miller stated that the Harbor View Hills homeowners would be viewing unsightly alleyways and OASIS would have traffic congestion. Mr. Miller cited the following reasons why senior housing would not be compatible with the Brisa del Mar area: lack of basic commercial service businesses within walking distance; that a two -story development would not be satisfactory; Fashion Island is a high - priced shopping center; and that there are no sidewalks along MacArthur Boulevard and that there is only a block- and -half of sidewalk along Fifth Avenue. Mixing young families and senior citizens would not be successful according to Mr. Miller, citing the recreation center and pool area. Mr. Miller commented that many seniors will not be able to afford the proposed rents of Brisa del Mar. Mr. Miller cited that the City paid $1.2 Million to The Irvine Company in Development Block Grant Funds for the North Ford area that OASIS opposed. • Mr. Miller presented several reasons why the senior housing should be located on the east side of OASIS: that more units per acre can be constructed than conventional housing; single story houses would not block the view of residents in Harbor View Hills; that there would be less traffic noise than the MacArthur -g- C x � i 9 z C m j m C 9 a = r 0 isO m a T Z s z January 24, 1985 of Newport Beach MINUTES ROLLCALLI 111 INDEX • • area; that the seniors would be conveniently located near the OASIS center; that there are convenient commercial businesses concentrated at the east end of Corona del Mar and within walking distance of the recommended site; and that the Irvine Company would not have difficulty renting and selling homes adjacent to the senior center. Mr. Miller stated that there is a need for low- income senior citizen housing within the city. In response to a question posed by Commissioner Eichenhofer regarding qualified seniors for the 85 unit senior housing, Mr. Miller stated that there are qualified seniors from low income to high income, and that there are many seniors that would desire to be near a conveniently located shopping area as well as near OASIS. Mr. Miller quoted the average income of a 65- year -old head of house as $42,386.00 according to the records at the county office. In response to a question posed by Mr. Hewicker, Mr. Miller stated that OASIS would recommend up to 15 units per buildable acre of single story attached dwellings on the east of OASIS. Ms. Lavena Hayton, 235 Poppy Avenue, Corona del Mar, appeared before the Planning Commission, stating opposition to further development in the area until there is an alternate by -pass to Corona del Mar. Ms. Hayton cited the development sites that are being planned around the perimeter of Corona del Mar and the effects that the area is receiving from this development. Ms. Hayton recommended that Pelican Hills Road and San Joaquin Hills Road be completed before the three proposed sites are completed. Mr. Edgar Williams, 105 No. Bayfront, Balboa Island, President of OASIS, presented statistics that were prepared in response to a questionnaire that was mailed to the 3,500 members of OASIS. Mr. Williams cited the percentage of members that use various classes within the OASIS Center as being from 118 in recreation classes to 288 in travel classes; two - thirds of the members live with their spouse; one- fourth live alone; three- fourths drive to OASIS; twice as many females as males; and 30% of the members are renters. Mr. Williams quoted attendance figures that have been submitted to Parks, Beaches, and Recreation Department for events that took place at OASIS from the period of October 1, 1984, to December 31, 1984. Included in the figures, was that 646 members used the van for -9- 'VVV \I»IIJfVCR_') January 24, 1985 x x C o 0 x z c m z m z z C z m p; O O 9 a A z T m City of Newport Beach MINUTES ROLL CALL I I I I I I I I INDEX ri U transportation to and from OASIS. Mr. Williams commented that the requested 80 foot strip of land adjacent to the senior center would be used for expansion purposes, and that the ultimate goal would be a senior village consisting of independent living near -the senior center. Mr. J. R. Blakemore, 2509 Harbor View Drive, Corona del Mar, a member of OASIS, appeared before the Planning Commission, expressed concern regarding the traffic surrounding the proposed development of 96 apartment units on six acres on the south side of Sea Lane, near MacArthur Boulevard and Goldenrod Street. Mr. Blakemore cited the four proposed entrances planned for Sea Lane and the dangers that could be incurred by using the MacArthur Boulevard /Sea Lane entrance or the area from East Coast Highway. Mr. Blakemore stated the following recommendations: that the current General Plan be retained as a low density area between Goldenrod and MacArthur; that vehicular access to the proposed site would only be available on Fifth Avenue; the senior apartments be constructed east of OASIS; that a 5.3 density unit be constructed on a 15 acre parcel and a 4.9 density unit be constructed on a 9 1/2 acre parcel. Mr. John P. Kelley, 717 Goldenrod Avenue, Corona del Mar, appeared before the Planning Commission opposing the density of Brisa del Mar and the shift of affordable housing from Newport Center to the proposed site. Mr. Kelley also expressed his concern regarding the public notices that were mailed to adjacent homeowners stating that they misrepresented the hearing by stating that Brisa del Mar would consist of residential condominiums instead of apartments. Mr. Edward Bruce Kingsmill,..representing Jasmine Creek Association, appeared before the Planning Commission, stating that the Association would like some assurance that no buildings or trees would obscure their views on the south side of Harbor View Drive. Commissioner Kurlander commented that if the Plan is approved that there is a condition that would limit the height of the buildings and trees. Mr. John Clark, 3621 Seabreeze Lane, Corona del Mar, President of Harbor View Hills Homeowner's Association South, appeared before the Planning Commission. Mr. Clark stated that the Homeowner's Association will be contacting residents on Sandcastle Drive for their reaction toward the proposed developments. 'Mr. Clark -10- • • COMMISSIONERS January 24, 1985 z z G O n 2 9 r y C m z c m o m z i = � z a = r m City of Newport Beach C z w o i o 0 indicated he is representing himself. Mr. Clark stated that he would favor the Corona del Mar Cottage Homes site as a low density area. Mr. Clark commented that Marguerite Avenue is currently a highly traveled area, and high density increases would greatly affect the current property values on Sandcastle Drive. In response to Commissioner Turner, Mr. Clark stated that he believes that the homeowners would oppose a 15 units/buildable acre apartment project. Mr. Dick Sweet, 406 Pirate Road, Newport Beach, First Vice President of OASIS appeared before the Planning Commission, stating that the population of Newport Beach has shifted from a community of families with school age children to one of senior citizens, and recommended that The Irvine Company take this matter under consideration. Mr. John Dawson, 2152 Vista Delrado, Newport Beach, appeared before the Planning Commission, and expressed concern regarding the term "residential condominiums" as it appears on the public notices, indicating that the term is misleading. Mr. Dawson recommended that medium density be considered for the Brisa del Mar site, and he commented that one of the reasons he opposes the increase in traffic to the surrounding area is because of the neighborhood school adjacent to the proposed site. Ms. Patricia Temple replied that the public notice was published on the basis of the application for a residential condominium tract map. Mr. Bud Desenberg, 2331 Bayside Drive, Newport Beach, appeared before the Planning Commission, by supporting the presentation made by Mr. Miller of OASIS. Mr. Ronald Kennedy, 550 Hazel Drive, Corona del Mar, appeared before the Planning Commission expressing concerns regarding illegal land fill in Jasmine Creek, possible past dedication of the Jasmine Creek parcel, and the congested traffic at East Coast Highway and Poppy Avenue. In response to Mr. Kennedy, Mr. Hewicker stated that there is no record of dedication of the Jasmine Creek parcel, and that there will be a cut" on the northern end of the Jasmine Park site to keep the building height down. Mr. Barry Allen, 1021 White Sails Way, Corona del Mar, appeared before the Planning Commission as a spokesman -11- MINUTES 1V\ 1V %13Jw VCKJ January 24, 1985 F c C O = p p Allen stated that the Homeowner's Association has _ c z c p m > p s m m z officially taken a position of opposing the proposed c a _ H o a 0 0 {City of Newport Beach W , emphasizing the potential traffic hazards resulting MINUTES ROLL CALL I III Jill I for the Harbor View Hills Homeowners Association. Mr. Allen stated that the Homeowner's Association has officially taken a position of opposing the proposed Brisa del Mar's four Sea Lane intersections by emphasizing the potential traffic hazards resulting from that design. Mr. Allen described a better traffic using Fifth Avenue. Mr. Dick Nichol, President of the Corona del Mar Community Association, appeared before the Planning Commission, stating that the Association is in opposition to 83 -1 A, B, C, and D. Mr. Nichol read a letter from the Association dated January 23, 1985, addressed to the Planning Commission, citing the following reasons for their opposition: heavy traffic, pedestrian and vehicular safety, small setbacks and lack of open space, no parks usable for recreation, completing Grant Howard Park, and the Association's recommendation that a moratorium on high density should be made until a viable traffic solution is found. • In answer to a question posed by Commissioner Person, Mr. Nichol confirmed that the Association is opposing Parcel A, Parcel B, Parcel C, and Parcel 83 -1(D). Responding to a discussion with Mr. Hewicker and Commissioner Turner, Mr. Nichol stated that the Association has a concern regarding how Buck Gully can be used satisfactorily for the local residents. Commissioner Turner asked Mr. Clark, President of the Harbor View Homeowner's Association, how the Harbor View Hills residents would respond to the development of Buck Gully, and Mr. Clark replied that he was not in a position to make a statement for the Harbor View Hills South Homeowner's Association; however, it was his opinion that they would prefer to keep it as an open space, or possibly as a low- density residential area. Mr. Nichol commented that one of the purposes of affordable housing is to integrate affordable housing with other developments, and not to concentrate the affordable housing altogether. The Planning Commission recessed at 9:30 p.m. and . reconvened at 9:40 p.m. Ms. Kathy Rooney, 3514 Catamaran, Corona del Mar, appeared before the Planning Commission in favor of the proposed project, stating that there is a need for -12- COMMISSIONERS F h T C O = f C r y m Z c M m z m z s = r a 0 0 0 o C 2 0 3 0 0 v m O m s m m Z a z a z m m ROLL CALL • • January 24, 1985 of Newport Beach affordable housing in Newport Beach. Ms. Rooney is in favor of single family housing instead of apartments; and recommended that a sidewalk be built from the proposed senior housing on Fifth Avenue to OASIS. Mr. Ty Camaras, 932 Sandcastle Dr., Corona del Mar, appeared before the Planning Commission. opposing the proposed developments because of the overcrowded traffic conditions, specifically the Marguerite Avenue and Sandcastle Drive intersection; and he stated that the proposed developments would be selling below the current market and, thereby, would be affecting the prices of the existing homes. Mr. Ron Covington, 707 Orchid Avenue, Corona del Mar, appeared before the Planning Commission, stating that he is opposing the high density of the proposed developments citing the affordable housing from Newport Center to the concentrated density of Brisa del Mar; that there is no trade -off for the residents of Corona del Mar, and that the open space in Buck Gully would benefit only the residents of Harbor View Hills and the proposed Cottage Homes, and that the Corona del Mar residents would have the traffic; that the residential streets from Marguerite Avenue to Poppy Avenue and East Coast Highway will be a traffic liability to the city. Commissioner Person stated his concern regarding the traffic analysis and environmental documents of the General Plan Amendment, and questioned whether the Planning Commission should take the proposed General Plan Amendment of Newport Center into consideration during the time of the present applications. City Attorney Robert Burnham replied that the environmental consultant and staff are currently studying the situation and a response will be made to the Planning Commission in the near future. Commissioner Koppelman queried Mr. Webb if there had been a traffic study done at the intersection of Poppy Avenue and East Coast Highway. Mr. Webb informed Commissioner Koppelman that he will have information regarding the request at the February 21, 1985, Planning Commission meeting. Mr. Webb informed Commissioner Koppelman that parking would have to be removed at the intersection of Goldenrod Avenue and East Coast Highway in order to install a third eastbound lane; and the median would have to be narrowed at the intersection of Marguerite -13- MINUTES COMMISSIONERS January 24, 1985 Avenue and East Coast Highway in order to install an � eastbound lane. Ec-- To. Commissioner Goff asked staff and The Irvine Company m mz how the decision was made to develop senior housing at the proposed Brisa del Mar site instead of the area C z n 0 z p r o D m City of Newport Beach adjacent to the senior center; and, in reference to the a a MINUTES Item #4 Amendment No. 614 Traffic Study Tract Map No. 11949 Continued to Feb. 21, 1985 Avenue and East Coast Highway in order to install an eastbound lane. Commissioner Goff asked staff and The Irvine Company how the decision was made to develop senior housing at the proposed Brisa del Mar site instead of the area adjacent to the senior center; and, in reference to the traffic circulation system, if it would be advantageous to condition the Pelican Hills Road relative to the proposed projects, or consideration of this project should be put off until a project comes forth that would monetarily justify Pelican Hills Road. Motion x Commissioner Person made a motion to continue General All Ayes Plan Amendment 83 -1(A) and General Plan Amendment 83 -1 (D) to February 21, 1985. Motion voted on and MOTION CARRIED. Motion C Commissioner Person made a motion to continue AWAyes Resubdivision No. 798 (84 -728) to February 21, 1985. Motion voted on and MOTION CARRIED. A. Amendment No. 614 (Public Hearing) Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of Corona Del Mar Cottage Homes Planned Community District. The proposal also includes a request to amend a portion of Districting Maps No. 32 and No. 51, so as to reclassify said property from the R -1 -B District to the Planned Community District; and the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) Request to consider a traffic study for an 80 unit single family residential development. AND • C. Tentative Map of Tract No. 11949 (Public Hearing) Request to subdivide two existing parcels of land, containing 16.06 acres, into 80 numbered lots for single family detached residential development; two -14- MINUTES Item #4 Amendment No. 614 Traffic Study Tract Map No. 11949 Continued to Feb. 21, 1985 i1 LJ COAAANSSIONERS1 January 24, 1985 MINUTES Beach lettered lot for public park purposes; two lettered lots for private open space purposes; and three lettered lots for public alley purposes. The proposal also includes an exception to the subdivision code so as to allow the creation of interior lots which are less than 50 feet wide and less than 5000 sq.ft. in area and corner lots which are less than 60 feet wide and less than 5000 sq.ft. in area. LOCATION: Portions of Blocks 95 and 96, Irvine's subdivision, located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach city limits, in Corona Del Mar. ZONE: R -1 -B APPLICANT:Bren Company, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams Streeter, Irvine The public hearing opened in connection with this item, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission representing The Irvine Company. Mr. Neish commented that The Irvine Company is attempting to fill the need for moderate priced homes for the city. Mr. Neish further stated that the Corona del Mar Cottage Homes would not be in conflict with the Harbor View Hills homes because the proposed project will have more density, no views, and the over -all marketable values will be different. Mr. Neish informed the Planning Commission that the Corona del Mar Cottage Homes will consist of 80 single family detached dwellings., 9.8 density units per buildable acre, four floor plans varying from 1200 sq. ft, to 1800 sq. ft., marketing at an. average price of $190,000. Comparing the density with the surrounding areas in Corona del Mar, Mr. Neish cited that old Corona del Mar has a density of 24 units per buildable acre and Harbor View Hills has a density of approximately 3 to 3.5 units per buildable acre. Mr. Neish stated that the applicant has plans for a park dedication adjacent to OASIS and that grading and a retaining wall are also proposed for the adjacent area. Mr. Neish presented an aerial view of the Corona del Mar project area and demonstrated that no ocean views would be penetrated. -15- xx P 9 m z c m o m z W Z, z 0 m O o3 0 0 City of �c 2 S z m a z T m Beach lettered lot for public park purposes; two lettered lots for private open space purposes; and three lettered lots for public alley purposes. The proposal also includes an exception to the subdivision code so as to allow the creation of interior lots which are less than 50 feet wide and less than 5000 sq.ft. in area and corner lots which are less than 60 feet wide and less than 5000 sq.ft. in area. LOCATION: Portions of Blocks 95 and 96, Irvine's subdivision, located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach city limits, in Corona Del Mar. ZONE: R -1 -B APPLICANT:Bren Company, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams Streeter, Irvine The public hearing opened in connection with this item, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission representing The Irvine Company. Mr. Neish commented that The Irvine Company is attempting to fill the need for moderate priced homes for the city. Mr. Neish further stated that the Corona del Mar Cottage Homes would not be in conflict with the Harbor View Hills homes because the proposed project will have more density, no views, and the over -all marketable values will be different. Mr. Neish informed the Planning Commission that the Corona del Mar Cottage Homes will consist of 80 single family detached dwellings., 9.8 density units per buildable acre, four floor plans varying from 1200 sq. ft, to 1800 sq. ft., marketing at an. average price of $190,000. Comparing the density with the surrounding areas in Corona del Mar, Mr. Neish cited that old Corona del Mar has a density of 24 units per buildable acre and Harbor View Hills has a density of approximately 3 to 3.5 units per buildable acre. Mr. Neish stated that the applicant has plans for a park dedication adjacent to OASIS and that grading and a retaining wall are also proposed for the adjacent area. Mr. Neish presented an aerial view of the Corona del Mar project area and demonstrated that no ocean views would be penetrated. -15- • 0 COMMISSIONERS January 24, 1985 MINUTES Beach Mr. Neish informed staff that The Irvine Company will discuss the conditions of approval at a later time. Mr. Ronald Kennedy, 550 Hazel Dr., Corona del Mar, appeared before the Planning Commission, stating his concern regarding the certified environmental document regarding this project, and when the subject matter will be before the Planning Commission. Mr. Hewicker replied that the hearing regarding this subject is at the present meeting and will continue to February 21, 1985. Mr. John Clark, 3621 Seabreeze Lane, Corona del Mar, appeared before the Planning Commission, requesting the following recommendations that were made by Harbor View Hills South homeowners: that trees not block the views of the homeowners; aesthetic roof tops on the dwellings; concrete alleys; cobblestone streets; and lower the grading to the Fifth Avenue street level. Mr. Ken Wassman, 944 Sandcastle Drive, Corona del Mar, appeared before the Planning Commission, recommending that the Corona del Mar Cottage Homes be downgraded to the Fifth Avenue street level so that no views will be impaired. Mr. Dick Nichol, 519 Iris, Corona del Mar, appeared before the Planning Commission, stated his concern that the proposed project may have conflicting zoning and building requirements with the old Corona del Mar area. Ms. Patricia Temple responded to Mr. Nichol by comparing the requirements and noted that the building requirements of the proposed Corona del Mar Cottages Homes would be more stringent than old Corona del Mar. Ms. Temple responsed to a question posed by Commissioner Turner, indicating that The Environmental Impact Report studies the view impact from Sandcastle Drive, and that there were two residences where an ocean view would have been affected by two -story development; therefore, mitigation measures will require the two single family dwellings be built on those subject lots be single story instead of the originally proposed two -story homes. Mr. William Cull, Sandcastle Dr., Corona del Mar, appeared before the Planning Commission, stating that he will lose the view of Buck Gully and the ocean if the project is developed, and that he is concerned -16- z C C O O C V r V m z c m m z m a n z r O x c20O 00 City of Z A m D � z T rtT Beach Mr. Neish informed staff that The Irvine Company will discuss the conditions of approval at a later time. Mr. Ronald Kennedy, 550 Hazel Dr., Corona del Mar, appeared before the Planning Commission, stating his concern regarding the certified environmental document regarding this project, and when the subject matter will be before the Planning Commission. Mr. Hewicker replied that the hearing regarding this subject is at the present meeting and will continue to February 21, 1985. Mr. John Clark, 3621 Seabreeze Lane, Corona del Mar, appeared before the Planning Commission, requesting the following recommendations that were made by Harbor View Hills South homeowners: that trees not block the views of the homeowners; aesthetic roof tops on the dwellings; concrete alleys; cobblestone streets; and lower the grading to the Fifth Avenue street level. Mr. Ken Wassman, 944 Sandcastle Drive, Corona del Mar, appeared before the Planning Commission, recommending that the Corona del Mar Cottage Homes be downgraded to the Fifth Avenue street level so that no views will be impaired. Mr. Dick Nichol, 519 Iris, Corona del Mar, appeared before the Planning Commission, stated his concern that the proposed project may have conflicting zoning and building requirements with the old Corona del Mar area. Ms. Patricia Temple responded to Mr. Nichol by comparing the requirements and noted that the building requirements of the proposed Corona del Mar Cottages Homes would be more stringent than old Corona del Mar. Ms. Temple responsed to a question posed by Commissioner Turner, indicating that The Environmental Impact Report studies the view impact from Sandcastle Drive, and that there were two residences where an ocean view would have been affected by two -story development; therefore, mitigation measures will require the two single family dwellings be built on those subject lots be single story instead of the originally proposed two -story homes. Mr. William Cull, Sandcastle Dr., Corona del Mar, appeared before the Planning Commission, stating that he will lose the view of Buck Gully and the ocean if the project is developed, and that he is concerned -16- • Motion All Ayes x January 24, 1985 of Newport Beach about the traffic at the intersection of Marguerite Avenue and Sandcastle Drive. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission on behalf of OASIS. Mr. Miller stated that if senior housing would be built adjacent to the senior housing as OASIS has requested, then there would be less traffic and that there would not be a conflict regarding views because single -story attached homes are proposed for the seniors. Mr. Miller cited that if the proposed project is constructed, then OASIS would not have any room for expansion. Mr. Miller asked Mr. Neish if The Irvine Company would comment regarding the additional 80 feet adjacent to OASIS that has been requested by the senior center. Mr. Neish responded to Mr. Miller by stating that The Irvine Company is aware of OASIS' concerns and that a study has recently been done by a planning consultant that will be presented at the February 21, 1985, Planning Commission meeting. Commissioner Person made a motion to continue Amendment No. 614, Traffic Study, and Tentative Map of Tract No. 11949 to February 21, 1985. Motion voted on, and MOTION CARRIED. • x A. Amendment No. 615 (Public Hearing) Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the Jasmine Park Planned Community District. The proposal also includes a request to amend a portion of Districting Map No. 32, so as to reclassify said property from the R -1 -B District to the Planned Community District and the establishment of specific setbacks adjacent to Jasmine Creek; and the acceptance of an environmental document. A B. Traffic Study (Public Hearing) Request to consider a traffic study for a 47 unit single family residential development. M101 -17- MINUTES Item #5 Amendment No. 615 Traffic Study Tract Map No. 12245 Continued to Feb. 21, 1985 s a C O O x z c m Z m z m a W z r O 2 C Z N M; 0 0 m a Z s Z X 2 r m x January 24, 1985 of Newport Beach about the traffic at the intersection of Marguerite Avenue and Sandcastle Drive. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission on behalf of OASIS. Mr. Miller stated that if senior housing would be built adjacent to the senior housing as OASIS has requested, then there would be less traffic and that there would not be a conflict regarding views because single -story attached homes are proposed for the seniors. Mr. Miller cited that if the proposed project is constructed, then OASIS would not have any room for expansion. Mr. Miller asked Mr. Neish if The Irvine Company would comment regarding the additional 80 feet adjacent to OASIS that has been requested by the senior center. Mr. Neish responded to Mr. Miller by stating that The Irvine Company is aware of OASIS' concerns and that a study has recently been done by a planning consultant that will be presented at the February 21, 1985, Planning Commission meeting. Commissioner Person made a motion to continue Amendment No. 614, Traffic Study, and Tentative Map of Tract No. 11949 to February 21, 1985. Motion voted on, and MOTION CARRIED. • x A. Amendment No. 615 (Public Hearing) Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the Jasmine Park Planned Community District. The proposal also includes a request to amend a portion of Districting Map No. 32, so as to reclassify said property from the R -1 -B District to the Planned Community District and the establishment of specific setbacks adjacent to Jasmine Creek; and the acceptance of an environmental document. A B. Traffic Study (Public Hearing) Request to consider a traffic study for a 47 unit single family residential development. M101 -17- MINUTES Item #5 Amendment No. 615 Traffic Study Tract Map No. 12245 Continued to Feb. 21, 1985 • COMMISSIONERS January 24, 1985 TO,--m c a m a r 0 0 I= 9 a T T City of. Newport Beach z i C. Tentative Map of Tract No. 12245 (Public Hearing) Request to subdivide two existing parcels of land con- taining 9.6t acres into 47 numbered lots for single family attached residential development; one numbered lot for private recreational purposes; one numbered lot for private open space purposes; and one numbered lot for public park purposes, on property located in the R -1 -B District (proposed to be rezoned to P -C) . The proposal also includes an exception to the subdivision code so as to allow the creation of interior lots which are less than 50 feet wide and less than 5000 sq.ft. in area and corner lots which are less than 60 feet wide and less than 5000 sq.ft. in area. LOCATION: A portion of Block 93 and a portion of Block 96, Irvine's subdivision, located at 875 Marguerite Avenue, on the southwesterly corner of Marguerite Avenue and Harbor View Drive, in Harbor View. ZONE: R -1 -B APPLICANT:LDM Development, Inc., Laguna Hills OWNER: The Irvine Company, Newport Beach ENGINEER: VTN Consolidated, Irvine The public hearing opened in connection with this item, and Mr. David Neish, Urban Assits, Inc., appeared before the Planning Commission on behalf of The Irvine Company. Mr. Neish described the Jasmine Park project as 47 single family attached units, 6.7 dwelling units/buildable acre in a private gate - guarded community. There are four floor plans varying in size from 1700 sq. ft. to 2400 sq. ft. ;. Mr. Neish advised that the project's developer proposed to dedicate a one -acre view park; however, the city staff has recommended one - fourth an acre view park. Mr. .Neish commented that there will be further statements regarding the conditions of approval at a later time. -18- MINUTES INDEX lUM /V\0NUNtK�) January 24, 1985 MINUTES x x �o z c m r -a Z m z C_ z a 0 z 0 X 0 a> v 0 m City of Newport Beach � 9 ROLL CALL INDEX • Motion All Ayes • Mr. Ronald Kennedy, 550 Hazel Dr., Corona del Mar, appeared before the Planning Commission, stating that if the density is presently 6.7 buildable acre then what would the buildable acre be if the landfill would not be there? Mr. Dick Nichol, Corona del Mar, appeared before the Planning Commission, regarding the view park. Mr. Nichol described and proposed various plans for open space and view parks in the Jasmine Park area. Mr. Ty Camaras, 932 Sandcastle Drive, Corona del Mar, appeared before the Planning Commission, expressing his concern regarding the traffic at the intersection of Marguerite Avenue and Sandcastle Drive. Mr. Webb replied to Mr. Camaras that the recent traffic study has projected that an additional 400 trips a day will be generated on Marguerite Avenue after the projects are completed; and that because Marguerite Avenue is designated as a four -lane undivided highway, that Marguerite Avenue will be able to accommodate the extra traffic. Mr. Ron Covington, Corona del Mar, appeared before the Planning Commission, opposing the proposed view park for Jasmine Park, and to eliminate the proposed dwellings that would be below the park, as Mr. Covington believes that the proposed park will not benefit all of the Corona del Mar residents. Commissioner Person made a motion to continue Amendment No. 615, Traffic Study, and Tentative Tract Map No. 12245 to February 21, 1985. Motion voted on and MOTION CARRIED. x A. Amendment No. 612 (Public Hearing) Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the Brisa Del Mar Planned Community District. The proposal also includes a request to amend a portion of Districting Map No. 32 so as reclassify a portion of the subject property from the C -1 District to the Planned Community District and the acceptance of an environmental document. AND —F:9- Tt Pm 46 Amendment No. 612 Traffic Study Tract Map No.12209 Continued to Feb.21, 1985 January 24, 1985 of Newport Beach MINUTES ROLL CALL I III III I I • r1 u B. Traffic Study (Public Hearing) Request to consider a traffic study for a 96 unit res- idential condominium development. C. Tentative Map of Tract No. 12209 (Public Hearing) Request to subdivide three existing parcels of land and a portion of vacated 5th Avenue containing 6.63 acres, into a single lot for residential condominium development for property located in the P -C District. LOCATION: A portion of Block 93, Irvine's subdivision; a portion of Lots No. 1 and 2, Block K, Tract No. 470; and a vacated portion of Fifth Avenue, located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway, in Corona Del Mar. ZONE: P -C and C -1 APPLICANT:Irvine Pacific, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: John G. Goetten, Santa Ana The Planning Commission hearing opened in connection with this item, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission, on behalf of The Irvine Company. Mr. Neish described Brisa del Mar as a project consisting of 96 multi - family units, 84 units would be affordable housing units, 48 units would be senior housing units. The density would be 16 units on a buildable acre; each unit would consist of 650 sq. ft. to 975 sq. ft. The proposal includes 58 one bedroom units and 38 two bedroom units. Senior citizens would be considered 55 years. old and older. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission on behalf of OASIS. Mr. Miller presented the following reasons why senior housing should not be located at the proposed project site: that there is a lack of basic private sector services needed and used by senior -20- x a c o x _ C v v m z c m D m z m n 0 Z r 2 M Z O L 0 O O M 0 m D m Z Z 9 Z Z 7 Z m m January 24, 1985 of Newport Beach MINUTES ROLL CALL I III III I I • r1 u B. Traffic Study (Public Hearing) Request to consider a traffic study for a 96 unit res- idential condominium development. C. Tentative Map of Tract No. 12209 (Public Hearing) Request to subdivide three existing parcels of land and a portion of vacated 5th Avenue containing 6.63 acres, into a single lot for residential condominium development for property located in the P -C District. LOCATION: A portion of Block 93, Irvine's subdivision; a portion of Lots No. 1 and 2, Block K, Tract No. 470; and a vacated portion of Fifth Avenue, located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway, in Corona Del Mar. ZONE: P -C and C -1 APPLICANT:Irvine Pacific, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: John G. Goetten, Santa Ana The Planning Commission hearing opened in connection with this item, and Mr. David Neish, Urban Assist, Inc., appeared before the Planning Commission, on behalf of The Irvine Company. Mr. Neish described Brisa del Mar as a project consisting of 96 multi - family units, 84 units would be affordable housing units, 48 units would be senior housing units. The density would be 16 units on a buildable acre; each unit would consist of 650 sq. ft. to 975 sq. ft. The proposal includes 58 one bedroom units and 38 two bedroom units. Senior citizens would be considered 55 years. old and older. Mr. H. Ross Miller, 1627 Baycliff Circle, Corona del Mar, appeared before the Planning Commission on behalf of OASIS. Mr. Miller presented the following reasons why senior housing should not be located at the proposed project site: that there is a lack of basic private sector services needed and used by senior -20- ivvvNuiivrvEN3 January 24, 1985 X c o 0 citizens; the heavy traffic on MacArthur Boulevard; f z v m C v r v z c m a rn z there are no sidewalks along MacArthur Boulevard and C z N 0 3 0 0 z m z;= m m City of Newport Beach MINUTES INDEX citizens; the heavy traffic on MacArthur Boulevard; there are no sidewalks along MacArthur Boulevard and Fifth Avenue; mixing life styles of families and senior citizens; two -story construction of proposed dwellings; in a youth area of Corona del Mar; the proposed rents are high; housing is 7 blocks away from services and activities at the OASIS center. In response to a question posed by Mr. Hewicker, Mr. Miller stated that the recommended single attached dwelling size would be 800 sq. ft. to 900 sq. ft. for a one bedroom unit, and 1200 sq. ft. to 1300 sq. ft. for a two bedroom unit. Mr. Keith Dawson, 721 Goldenrod St., Corona del Mar, appeared before the Planning Commission, stating that he is supporting the senior housing site; however, he has concerns that the seniors will not be guaranteed housing at the proposed project after the 90 days have elapsed; that the setback requirements for the proposed project differ from the requirements of the surrounding neighborhood; that there will not be sufficient parking spaces to meet the demands in the area; and that the traffic around the school could become a hazard. Mr. Paul Shaw, 717 Heliotrope, Corona del Mar, appeared before the Planning Commission, supporting the senior housing site; however, he expressed concern regarding the traffic pattern around the area of MacArthur Boulevard -Sea Lane - Goldenrod Avenue and East Coast Highway. Mr. Shaw also stated that he would like to see an open space area around the Community Youth Center for the youngsters. In response to a question posed by Commissioner Koppelman, Mr. Burnham stated that there is not a case law applicable to projects exclusively for seniors in the State of California. Motion x Commissioner Person made a motion to continue Amendment All Ayes No. 612, Traffic Study, and Tentative Tract Map No. 12209 to February 21, 1985. Motion voted on and MOTION CARRIED. • The Planning Commission recessed at 11 :05 p.m. and reconvened at 11:15 p.m. * * x 21— MINUTES INDEX COMMISSIONERS 0 January 24, 1985 of Newport Beach Mr. Jerry King, representing the applicant, "Park Bar and Grill" Restaurant, requested that Item No. 12 be continued to the February 7, 1985, Planning Commission meeting due to the lateness of the hour and that the applicant has received additional information from staff that the applicant would like to review with staff prior to the next hearing. Motion was made to continue Use Permit No. 1417 to February 7, 1985. Motion voted on, and MOTION CARRIED. Use Permit No. 3127 (Public Hearing) Request to permit the establishment of a cocktail lounge with dancing and prerecorded music on property located in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service for a portion of the required off - street parking spaces. LOCATION: A portion of Lot 170, Block 2, Irvine subdivision, located at 3127 .West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 and C -2 APPLICANT:David Schneider, Newport Beach OWNER: County of Orange Commissioner Goff requested staff to revise Condition No. 13, Exhibit "A ", to read "That 8 tandem and 43 compact parking spaces shall be permitted within the on -site parking area." In response to a question posed by Commissioner Eichenhofer, Mr. Hewicker replied that the applicant is requesting only one dance floor. The public hearing opened in connection with this item, and Ms. Diane Abbott, 10920 Wilshire Boulevard, Los Angeles, appeared before the Planning Commission representing the applicant and described the applicant's proposed floor plan.. -22- MINUTES Item #7 Use Permit No. 3127 Approved x a c o � r v z c m o m z W a Z r 0 2 C z 2 N O> 0 0 O m D Z D z y z r m _ 0 January 24, 1985 of Newport Beach Mr. Jerry King, representing the applicant, "Park Bar and Grill" Restaurant, requested that Item No. 12 be continued to the February 7, 1985, Planning Commission meeting due to the lateness of the hour and that the applicant has received additional information from staff that the applicant would like to review with staff prior to the next hearing. Motion was made to continue Use Permit No. 1417 to February 7, 1985. Motion voted on, and MOTION CARRIED. Use Permit No. 3127 (Public Hearing) Request to permit the establishment of a cocktail lounge with dancing and prerecorded music on property located in the "Recreation Marine Commercial" area of the Mariner's Mile Specific Plan area. The proposal also includes a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service for a portion of the required off - street parking spaces. LOCATION: A portion of Lot 170, Block 2, Irvine subdivision, located at 3127 .West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 and C -2 APPLICANT:David Schneider, Newport Beach OWNER: County of Orange Commissioner Goff requested staff to revise Condition No. 13, Exhibit "A ", to read "That 8 tandem and 43 compact parking spaces shall be permitted within the on -site parking area." In response to a question posed by Commissioner Eichenhofer, Mr. Hewicker replied that the applicant is requesting only one dance floor. The public hearing opened in connection with this item, and Ms. Diane Abbott, 10920 Wilshire Boulevard, Los Angeles, appeared before the Planning Commission representing the applicant and described the applicant's proposed floor plan.. -22- MINUTES Item #7 Use Permit No. 3127 Approved COMMISSIONERS January 24, 1985 MINUTES of Newport Beach ROLL CALL 1111 INDEX • • Ms. Abbott stated that regarding Condition No. 4, Exhibit "A ", the applicant does not feel that this condition should require that the lessee,be responsible to maintain the landscaping. The applicant has also requested that Condition No. 5, requiring a letter of agreement from the master lease holder, be deleted as it pertains to the utilization of the basement area and the applicant does not have intentions to use that area. Ms. Abbott commented that if they did utilize that space and there would be a need for additional parking, a use permit would be required. Mr. Hewicker replied that if the applicant occupied that space for an office or retail use a use permit would not be needed. Ms. Abbott further stated that the applicant's parking requirements are based on nighttime use. In reference to Condition No. 15, Ms. Abbott stated that the applicant has requested that the hours of operation be changed so that the nightclub could be open between 5:00 p.m. and 2:00 a.m. daily. Ms. Abbott stated that the applicant has compared staff's parking space requirements for the nightclub with the previous parking requirements of the yacht club, and is requesting that the parking requirement be changed from one space for each 30 sq. ft. of "net public area" to one space for each 40 sq. ft. of "net public area ". Mr. Hewicker replied that staff's parking requirements were based on the more intensive type of restaurant that is being planned. Mr. Don Webb commented that there is a possibility that six tandem parking spaces that the applicant is proposing may be located on a bicycle trail. Mr. Webb advised that this matter will be looked into and further commenting that one of the conditions states that the circulation system.is subject to review by the Traffic Engineer'. Commissioner Goff recommended that Condition No. 7 be modified in the event there would be a change in the parking space requirements. Mr. Hewicker advised Chairman Winburn that the applicant had originally requested the suggested hours of operation of 6:00 p.m. to 1:30 a.m. Mr. Hewicker stated that staff would be opposed to the opening hour of 5:30 p.m. because there would be .an overlap of office workers in the building leaving, and customers arriving early to the restaurant. Chairman Winburn =23= a x a - y , y m z c C m a m z W a J = r 0= C z m 0 3 O O 9 m O m a M Z S Z .7 Z r m of Newport Beach ROLL CALL 1111 INDEX • • Ms. Abbott stated that regarding Condition No. 4, Exhibit "A ", the applicant does not feel that this condition should require that the lessee,be responsible to maintain the landscaping. The applicant has also requested that Condition No. 5, requiring a letter of agreement from the master lease holder, be deleted as it pertains to the utilization of the basement area and the applicant does not have intentions to use that area. Ms. Abbott commented that if they did utilize that space and there would be a need for additional parking, a use permit would be required. Mr. Hewicker replied that if the applicant occupied that space for an office or retail use a use permit would not be needed. Ms. Abbott further stated that the applicant's parking requirements are based on nighttime use. In reference to Condition No. 15, Ms. Abbott stated that the applicant has requested that the hours of operation be changed so that the nightclub could be open between 5:00 p.m. and 2:00 a.m. daily. Ms. Abbott stated that the applicant has compared staff's parking space requirements for the nightclub with the previous parking requirements of the yacht club, and is requesting that the parking requirement be changed from one space for each 30 sq. ft. of "net public area" to one space for each 40 sq. ft. of "net public area ". Mr. Hewicker replied that staff's parking requirements were based on the more intensive type of restaurant that is being planned. Mr. Don Webb commented that there is a possibility that six tandem parking spaces that the applicant is proposing may be located on a bicycle trail. Mr. Webb advised that this matter will be looked into and further commenting that one of the conditions states that the circulation system.is subject to review by the Traffic Engineer'. Commissioner Goff recommended that Condition No. 7 be modified in the event there would be a change in the parking space requirements. Mr. Hewicker advised Chairman Winburn that the applicant had originally requested the suggested hours of operation of 6:00 p.m. to 1:30 a.m. Mr. Hewicker stated that staff would be opposed to the opening hour of 5:30 p.m. because there would be .an overlap of office workers in the building leaving, and customers arriving early to the restaurant. Chairman Winburn =23= Motion All Ayes • 0 COMMISSIONERS x A c o o m z c a m z W z 9 Z r Q 2 C Z 0 a 9 O O S m O m D r r Z S Z 7 Z m m Ix January 24, 1985 of Newport Beach advised Ms. Abbott that staff has made these recommendations so there will not be congestion in the parking area. Motion was made to approve Use Permit No. 3127, subject to the findings and conditions in Exhibit "A ", and to delete Condition No. 4. Commissioner Goff asked to amend the motion so that Condition No. 7 be changed to read that the number of parking spaces may be adjusted by the City Traffic Engineer, and that Condition No. 13 be changed to read that 8 tandem and 43 compact parking spaces shall be permitted on -site. Commissioner Kurlander accepted the amendment. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That the use of tandem and 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 modifications are consistent with the legislative intent of Title 20 of this code. 3. The approval of Use Permit No. 3127 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. 4. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 5. That the design of the project or the proposed improvements will not conflict with any easements =24= MINUTES INDEX 'V\ro \i77ivi�[ic7 January 24, 1985 n x k a v x _ C M a 0 ° ` ° ° 9 = a z T City v of New port Beach MINUTES ROLL CALL I 1 1 j 1 I^ INDEX acquired by the public at large for access through or use of property within the proposed development. CONDITIONS: 1. That all development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. Deleted. 5. That the applicant shall obtain a letter of agree- ment from the master lease holder of the subject • property, which provides that the existing uses on the property will not be changed or intensified so as to increase the overall parking demand of the site. Said agreement shall be approved as to form and content by the City Attorney and the Planning Department. 6. That the existing second floor deck shall not be accessible to the general public and that the existing doors on the south elevation of the second floor shall be removed prior to the opening of the subject nightclub. 7. That the proposed number of on -site parking spaces shown on the plot plan shall be slightly adjusted by the City Traffic Engineer. 8. That all employees of the nightclub shall be required to park on -site. 9, valets and /or attendants shall be provided at all times during the nightclub operation. 10. The valet parking service shall not preclude the use of a portion of the independently accessible • spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 11. That the City Traffic Engineer shall approve the location of the valet station. COMMISSIONERS January 24, 1985 MINUTES Beach 0 a c o i a v m and quantity approved by the City Traffic 9 r v z c m> m z c a v m w O v 3 0 o (�1/T' city Z 9 Z m s a z r r a m VI Beach Item #8 Use Permit No. 3129 Approved 12. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The Handicapped parking shall be available for self - parking. 13. That 8 tandem and 43 compact parking spaces shall be permitted within the on -site parking area. 14. That all amplified music shall be limited to pre- recorded music and shall be confined to the interior of the building. 15. That the hours of operation for the nightclub shall be limited to 6:0'0 p.m. to 1:30 a.m., daily. 16. That all signs shall conform to the requirements set forth in Section 20.06 of the Zoning Code. 17. That a Cafe Dance Permit for the proposed dancing shall be approved by the City. The dance floor shall be increased to a minimum size of 400 sq.ft. unless said permit is approved for a smaller floor. 18. That the Planning Commission may add /or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use, permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 19. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3129 (Public Hearing) Request to permit an expansion of an existing restaurant with on -sale alcoholic beverages so as to add a new room to the restaurant which includes a dining room, bar, reception area and waiting area. The proposal also includes a request to .pay an annual in -lieu fee to the city so as to allow a portion of the -26- Item #8 Use Permit No. 3129 Approved Motion All Ayes 1I vvv�oJivrv[RJ January 24, 1985 x x 1 _ M f 9 M z c m > m z C z m v 3 0 0 a m o m a M r M City of Newport Beach M z m required off - street parking spaces to be located in the municipal parking lot; and a request to waive the remainder of the required off- street parking. LOCATION: Lots 15 and 16, Block 6, Balboa Tract, located at 101 and 103 Palm Street, on the northwesterly corner of East Ocean Front and Palm Street, in Central Balboa. ZONE: C -1 APPLICANT:Aruck Teachanarong, Balboa OWNER: James G. West, Costa Mesa - The public hearing opened in connection with this item, and Mr. Aruck Teachanarong, owner of the Bangkok 3 Restaurant, appeared before the Planning Commission, Mr. Teachanarong stated that he agrees with all of the findings and conditions in Exhibit "A ", except that he would like to change the closing hour indicated in Condition No. 10 since 10:30 p.m. would be the last call for dinner, and not that the restaurant would close at that hour. Staff agreed that the closing hour should be changed to 12:00 midnight. x Commissioner Person made a motion to approve Use Permit No. 3129, subject to the findings and conditions in Exhibit "A ", and change the closing hour indicated in Condition No. 10 from 10:30 p.m. to 12:00 midnight. Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed expansion of the subject restaurant facility is consistent with the Land Use Element of the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems as a result of the proposed expansion. 4. That based on the operational characteristics. of the proposed restaurant the proposed e27_ MINUTES 0 COMMISSIONERS January 24, 1985 MINUTES Beach expansion of "Net Public Area" will not significantly increase parking demand for the area. 5. That there is adequate nighttime parking for the subject restaurant within the Balboa Pier municipal parking lot and that said parking is within reasonable distance so as to be useful to the subject restaurant. 6. That the use of parking spaces within the municipal parking lot will not create undue traffic hazards in the surrounding area. 7. The.approval of Use Permit No. 3129 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, inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood and the proposed expansion is minor in nature. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That twelve (12) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with.Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the Municipal parking lot. 4. That all mechanical equipment shall be screened from adjoining streets, the alley, or adjacent properties. 5. 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. ago s a c O O 2 _ a z c m o m z W S c 2 m a O 0 = r O L7 0 2 0 CI`v 2 a = m s s x r r m of Beach expansion of "Net Public Area" will not significantly increase parking demand for the area. 5. That there is adequate nighttime parking for the subject restaurant within the Balboa Pier municipal parking lot and that said parking is within reasonable distance so as to be useful to the subject restaurant. 6. That the use of parking spaces within the municipal parking lot will not create undue traffic hazards in the surrounding area. 7. The.approval of Use Permit No. 3129 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, inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood and the proposed expansion is minor in nature. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That twelve (12) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with.Section 12.44.125 of the Newport Beach Municipal Code. 3. That employees of the restaurant shall be required to park in the Municipal parking lot. 4. That all mechanical equipment shall be screened from adjoining streets, the alley, or adjacent properties. 5. 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. ago COMMISSIONERS January 24, 1985 F z n E z v x _ y y m z c C m s m z C z M o r O ; O City of Newport Beach z _ m ROLL CALL r 1 U E 6. 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. 7. That kitchen exhaust fans be designed to control odors and smoke. 8. That all trash or storage shall be located within the building or be screened from adjoining streets, the alley, or adjacent properties. 9. That a trash compactor shall be installed. 10. That the hours of operation for the subject restaurant shall be from 5:30 p.m. to 12:00 midnight, daily. 11. That the Planning Commission may add /or modify Conditions of Approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. 12. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090 of the Newport Beach Municipal Code. Use Permit No. 3130 (Public Hearing) Request to expand a former automotive repair facility located in the C -1 District. The proposal also includes a request to establish an automobile sales facility which includes the construction of a related parking area and a covered wash area. LOCATION: Lots 2 and 3, Tract No. 1045, located at 3216 and 3222 East Coast Highway, on the northeasterly side of East Coast Highway between Larkspur Avenue and Marguerite Avenue, in Corona Del Mar. -2J= MINUTES Item #9 Use Permit No. 3130 Approved COMMISSIONERS C 0 n `L S a = v a m z c m z m z a s a z r 0 x C z "' of 0 0 Z z m a z 2 p = i m • C� January 24, 1985 of Newport Beach ZONE: C -1 APPLICANT:Superformance, Corona Del Mar OWNER: Rypinski Family Trust, Costa Mesa Commissioner Goff asked staff to comment on the reason why seven off- street parking spaces would be adequate for five employees, which would leave a balance of only two parking spaces for the public. The public hearing opened in connection with this item, and Mr. David Hirson, 1201 Dove St. Newport Beach, appeared before the .Planning Commission as a representative of the applicant. Mr. Hirson commented that additional customer parking spaces are not required because the garage has a pick -up and delivery service for the customer's automobile, and four automobiles is the maximum number serviced each day. Also, one of the facility's automobiles is out everyday to pick -up and deliver customers, automobiles or automobile parts. Mr. Hirson stated that in reference to Condition No. 9, that the applicant should not be responsible for any alterations to the structure as the applicant is leasing the building. In reference to Condition No. 11, Mr. Hirson stated that the applicant believes that there is an existing use permit for one of the subject lots for auto repair. Mr. Hewicker replied that the previous use permit is no longer in effect. In response to a question posed by Commissioner Kurlander, Mr. Hirson replied that the applicant has a single eight -year lease on both parcels of land. Mr. Hewicker advised Mr. Hirson that if one of the uses in the stated use permit would change, then the applicant could return to the City for a change in conditions. Mr. Hewicker advised the applicant that Condition No. 9 can be changed to read "that the applicant or owner shall make all necessary alterations ". Commissioner Goff confirmed that he is not satisfied with the seven on -site parking spaces. Mr. Dick Nichols appeared before the Planning Commission, opposing the application because of the lack of parking spaces. Commissioner Person commented that Condition No. 15 allows the Planning Commission to -3 P MINUTES INDEX COWAISSIONERS F x Z ]1 9 r v m = c m > m z W p Z r S c z w o> o 0 0 I 9 m> a z T m z a z January 24, 1985 of NewQort Beach MINUTES ROLL CALL I W I I I I INDEX Motion Substitute Motion • Ayes Noes 0 Ix revoke the use permit if there are problems. City Attorney Burnham explained the meaning of Condition No. 15 to Mr. Nichols. The public hearing closed at this time. x Commissioner Goff made a motion to continue Use Permit No. 3130 to February 21, 1985, so that the applicant would have time to seek additional parking spaces at an off -site location. Commissioner Turner made a substitute motion to approve Use Permit 3130, subject to the findings and conditions in Exhibit "A', with a change in Condition No. 9 to read "that the applicant or owner shall make all necessary alterations ". Commissioner Goff stated that, he will not support the substitute motion because he believes that more than two parking spaces are necessary for the customers. Commissioner Koppelman stated that she will not be supporting the substitute motion because of the heavy traffic in the Marguerite Avenue and East Coast Highway area, and also that seven parking spaces are not adequate for the business. Mr. Hirson stated that the parking space area that is presently being used for two display vehicles could be used for additional customer parking. x The substitute motion was voted on, and MOTION CARRIED. x FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed off - street parking will be adequate to serve the auto sales and repair facility. 5. The approval of Use Permit No. 3130 will not, under the circumstances of this case, be -31° NAMISSIONERS January 24, 1985 X C O detrimental to the health, safety, peace, morals, f a v m y r v z c m y m z comfort, and general welfare of persons residing c= 0 v i O O 9 9= T City of Newport Beach m MINUTES ROLL CALL I III III I INDEX 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 except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from East Coast Highway. 3. That all repair and service activities shall be located inside the building. 4. That any exterior lighting shall be maintained in • such a manner as to eliminate direct light and glare on adjoining properties and from East Coast Highway. A timing device shall turn off any lights at the rear of the site at 10:00 p.m. every night. 5. No vehicle waiting for service shall be parked outside of the building for a period longer than twenty -four hours unless it is in the process of being serviced. No vehicle shall be considered to be in the process of being serviced for a period longer than one (1) week. 6. That the parking lot area shall be striped with approved traffic markers or painted white lines not less than 4 inches wide. 7. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Cade. Signs indicating "for sale" or "lease" shall not be permitted in the windshield of the autos or else- where on the site. 8. That car washing shall be restricted to the wash bay only and must be provided in such a way as to insure direct drainage of wash water into the • sewer system and not into the storm drains. 9. That the applicant or owner shall make all necessary alterations to the existing structure as =32- COMMISSIONERS January 24, 1985 MINUTES of Newport Beach ROLL CALL I III III I INDEX required by the Building Department and Fire Department so as to comply with Section 503 of the Uniform Building Code (1979 Edition). 10. That a landscape plan shall be submitted to and approved by the Parks, Beaches and Recreation Department and the Planning Department. Said landscaping shall include the planting of shrubs or groundcover in planters along the front of the lot, and shall be continuously maintained. 11. That the subject lots shall be held in common during the life of the applicant's lease, and that severance of the lots shall constitute termination of the use permit. 12. That all improvements be constructed as required by ordinance and the Public Works Department. 13. That the on -site parking, vehicular circulation and • pedestrian circulation systems be subject to further review by the Traffic Engineer. 14. That sight distance be provided for vehicles exiting at the alley with the design to be approved by the Public works Department. 15. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3131 (Public Hearing) Request to permit the construction of ground identification signs for Newport Center on property located in the Open Space District, at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive, and at the -33- Item #10 Use Permit Nn_ 1131 Approved Z C v n 9 m 7 C m> m P a Z P 2 C Z M 0 N p; m s 0 0 0 r Z Z 9 2 Z a Z T m of Newport Beach ROLL CALL I III III I INDEX required by the Building Department and Fire Department so as to comply with Section 503 of the Uniform Building Code (1979 Edition). 10. That a landscape plan shall be submitted to and approved by the Parks, Beaches and Recreation Department and the Planning Department. Said landscaping shall include the planting of shrubs or groundcover in planters along the front of the lot, and shall be continuously maintained. 11. That the subject lots shall be held in common during the life of the applicant's lease, and that severance of the lots shall constitute termination of the use permit. 12. That all improvements be constructed as required by ordinance and the Public Works Department. 13. That the on -site parking, vehicular circulation and • pedestrian circulation systems be subject to further review by the Traffic Engineer. 14. That sight distance be provided for vehicles exiting at the alley with the design to be approved by the Public works Department. 15. That the Planning Commission may add and /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Use Permit No. 3131 (Public Hearing) Request to permit the construction of ground identification signs for Newport Center on property located in the Open Space District, at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive, and at the -33- Item #10 Use Permit Nn_ 1131 Approved January 24, 1985 of Newport Beach MINUTES ROLLCALLI 111 1 1 1 1 INDEX southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Rosa Drive. The proposal also includes a modification to the Zoning Code so as to allow: the construction of a ground sign at the southeasterly corner of Jamboree Road and Santa Barbara Drive on property in the A -P District where there will be more than one individual ground sign and more than three total signs on a site which will have a combined sign area in excess of 100 sq.ft.; the construction of a ground sign at the southwesterly corner of San Joaquin Hills Road and MacArthur Boulevard which exceeds 25 feet in height and is greater than 200 sq.ft, in area and the construction of a second ground sign on the same property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard. LOCATION: Parcels located at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive; at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Rosa Drive; at the northwesterly and southwesterly corners of San Miguel Drive and MacArthur Boulevard; at the southeasterly corner of Jamboree Road and Santa Barbara Drive; and at the southwesterly corner of San Joaquin Hills Road and MacArthur Boulevard, in Newport Center. ZONE: O -S, A -P, C -O -H and P -C APPLICANT:The Irvine Company, Newport Beach OWNER: Same as applicant. The public hearing opened in connection with this item, and Mr. Ron Hendrickson. representing The Irvine Company, appeared before the Planning Commission. Mr. Hendrickson described the proposed landscaping plan for Newport Center and the ground identification signs located at the entrances. Mr. Hendrickson stated that the Homeowner's Associations surrounding Newport Center have reacted positively to the proposed plans, and he indicated that the landscape plan will be completed in early April. Mr. Webb stated that an encroachment permit has been requested by The Irvine Company for two pylon signs in -34- x x _ C 9 m a c m o m z a s A z r O x C z 0 UK O O A m O m a T Z A a A z M m January 24, 1985 of Newport Beach MINUTES ROLLCALLI 111 1 1 1 1 INDEX southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Rosa Drive. The proposal also includes a modification to the Zoning Code so as to allow: the construction of a ground sign at the southeasterly corner of Jamboree Road and Santa Barbara Drive on property in the A -P District where there will be more than one individual ground sign and more than three total signs on a site which will have a combined sign area in excess of 100 sq.ft.; the construction of a ground sign at the southwesterly corner of San Joaquin Hills Road and MacArthur Boulevard which exceeds 25 feet in height and is greater than 200 sq.ft, in area and the construction of a second ground sign on the same property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard. LOCATION: Parcels located at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Cruz Drive; at the southeasterly and southwesterly corners of San Joaquin Hills Road and Santa Rosa Drive; at the northwesterly and southwesterly corners of San Miguel Drive and MacArthur Boulevard; at the southeasterly corner of Jamboree Road and Santa Barbara Drive; and at the southwesterly corner of San Joaquin Hills Road and MacArthur Boulevard, in Newport Center. ZONE: O -S, A -P, C -O -H and P -C APPLICANT:The Irvine Company, Newport Beach OWNER: Same as applicant. The public hearing opened in connection with this item, and Mr. Ron Hendrickson. representing The Irvine Company, appeared before the Planning Commission. Mr. Hendrickson described the proposed landscaping plan for Newport Center and the ground identification signs located at the entrances. Mr. Hendrickson stated that the Homeowner's Associations surrounding Newport Center have reacted positively to the proposed plans, and he indicated that the landscape plan will be completed in early April. Mr. Webb stated that an encroachment permit has been requested by The Irvine Company for two pylon signs in -34- COMMISSIONERS January 24, 1985 x� C O o C F� 9 m East Coast Highway. Mr. Hewicker advised that he was r v z c m m z M x a z r o x I Z 9 a m 7 r m City of Newport Beach -35- MINUTES the center median of Newport Center Drive, northerly of East Coast Highway. Mr. Hewicker advised that he was not aware of such a request. Mr. Hewicker commented that staff has requested a Planned Community Development Plan for the entire Newport Center property during the past several years. Motion x Commissioner Eichenhofer made a motion to approve Use All Ayes Permit No. 3131, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any significant environmental impact. • 3. That the construction of permanent identification signs within the O -S District will not be inconsistent with the intent of said District, inasmuch as adequate landscaping will be installed in the areas surrounding the signs. 4. That the proposed modification to the Zoning Code to allow more than three signs with a combined area in excess of 100 sq.ft. will not be inconsistent with the legislative intent of the Zoning Code inasmuch as no more than three signs will be visible from San Joaquin Hills Road or Jamboree Road. 5. That the proposed modification to the Zoning Code to allow two ground signs on the site within the Newport Village Planned Community will be consistent with the legislative intent of the Zoning Code inasmuch as the two signs will be more than 1,400 feet apart and will be located at separate street intersections. 6. The proposed modification to the Zoning Code to permit a 58 ft. high ground sign will not be incompatible with surrounding land uses or contrary to the legislative intent of the Zoning • Code since the sign will be located in the vicinity of several multi -story structures and will maintain substantial setbacks from the adjoining public streets. Also, adequate -35- MINUTES I� u 'VV V \IJJIVIVCKJ January 24, 1985 a x c o � 9 x . _ M y m C = c m > m z 9 N ° > ° ° City v of New port Beach z a a T m landscaping will be provided to soften the impact of the sign and to enhance the overall appearance of the site. Further, the area of the sign copy, including the logo not shown on the elevations, will not exceed 81.25 sq.ft. 7. The approval of Use Permit No. 3131 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 plans and elevations, except that The Irvine Company's logo may be included on each sign elevation. 2. That letters and /or images may be imposed on only one face of each cube or pylon. 3. That the signs shall identify only Newport Center. Identification of buildings or tenants occupying space within Newport Center shall not be permitted. 4. The area of the lettering and logo permitted on one face of each cube sign shall not exceed 50 sq.ft.; the area of the lettering and logo on the pylon sign shall not exceed 82 sq.ft. The area shall be defined as the space enclosed by sets of parallel lines containing the wording and image imposed on the sign. 5. That the final location of all signs shall be approved by the City Traffic Engineer. 6. A landscape and irrigation plan for all areas adjacent to the proposed signs shall be prepared by a licensed landscape architect. The plan shall be subject to the review and approval of the Parks, Beaches and Recreation Department, the Public works Department, and the Planning Department. Prior to final approval of building permits for the signs, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. -36- MINUTES ROLL • r1 u January 24, 1985 Beach 7. The palm trees near the pylon sign at the southwest corner of MacArthur Boulevard and San Joaquin Hills Road shall have a minimum trunk height of 25 feet when planted. S. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. * x A. Use Permit No. 3132 (Public Hearing) Request to permit the construction of three, 2 -unit residential condominium developments and related garages on three individual lots located in the unclassified district. Fri B, Tentative Map of Tract No. 12360 (Public Hearing) Request to subdivide an existing parcel of land into three numbered lots, each for 2 -unit residential condo- minium development and one lettered lot for public access and public utility purposes, on property located in the unclassified district. LOCATION: A portion of Lot 37, Newport Heights Tract, located at 726 and 73211 Tustin Avenue, on the southeasterly side of Tustin Avenue, on the southeasterly side of Tustin Avenue between Holly Lane and 16th Street, in Newport Heights. ZONE: Unclassified APPLICANT:Brion S. Jeannette, Newport Beach OWNER: Keith HoSfiel, Newport Beach City Engineer Webb, stated that in Condition No. 12, the Traffic Engineer has requested that the turnarounds be installed at the end of the driveway. Mr. Webb commented that to accomplish the turnaround the lot lines and building layouts may have to be revised. -37- MINUTES Item No 11 Use Permit Nn_ 3112 Tract Map Nn_ 12'iHn Continued to Feb. 7, 1985 ]C F G O O f p 9 m a L r v z c m s m z M 9 0 = r O x m N° O ;0 m m 0Cityof z z a z z a z m m January 24, 1985 Beach 7. The palm trees near the pylon sign at the southwest corner of MacArthur Boulevard and San Joaquin Hills Road shall have a minimum trunk height of 25 feet when planted. S. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. * x A. Use Permit No. 3132 (Public Hearing) Request to permit the construction of three, 2 -unit residential condominium developments and related garages on three individual lots located in the unclassified district. Fri B, Tentative Map of Tract No. 12360 (Public Hearing) Request to subdivide an existing parcel of land into three numbered lots, each for 2 -unit residential condo- minium development and one lettered lot for public access and public utility purposes, on property located in the unclassified district. LOCATION: A portion of Lot 37, Newport Heights Tract, located at 726 and 73211 Tustin Avenue, on the southeasterly side of Tustin Avenue, on the southeasterly side of Tustin Avenue between Holly Lane and 16th Street, in Newport Heights. ZONE: Unclassified APPLICANT:Brion S. Jeannette, Newport Beach OWNER: Keith HoSfiel, Newport Beach City Engineer Webb, stated that in Condition No. 12, the Traffic Engineer has requested that the turnarounds be installed at the end of the driveway. Mr. Webb commented that to accomplish the turnaround the lot lines and building layouts may have to be revised. -37- MINUTES Item No 11 Use Permit Nn_ 3112 Tract Map Nn_ 12'iHn Continued to Feb. 7, 1985 COMMISSIONERS January 24, 1985 F F The public hearing opened in connection with this item, cc o 0 and Mr. Brion Jeannette, architect, appeared before the F S 9 2 . Planning Commission. Mr. Jeannette stated that the H c 9 m , 9 m m z applicant was not aware of Condition No. 12 and that C a M = _ m o 3 = 0 0 T m City of Newport Beach x S MINUTES Item #12 Use Permit No. 1417 Continued to Feb. 7, 1985 The public hearing opened in connection with this item, and Mr. Brion Jeannette, architect, appeared before the Planning Commission. Mr. Jeannette stated that the applicant was not aware of Condition No. 12 and that the proposed hammerhead in the center of the driveway area seemed to be adequate for turn around purposes. Mr. Jeannette commented that the neighbor easterly of the site has stated that there is a problem with a view from one of the bedrooms and Mr. Jeannette advised that there will be a window modification in the "E" unit. Mr. Jeannette said that the applicant would be able to accept Condition No. 12. Commission Chairman Winburn stated that this item could be continued to February 7, 1985. Mr. Jay Swigart appeared before the Planning Commission, as a neighbor easterly of the project. Mr. Swigart stated that he would like to be assured that Mr. Jeannette will modify the window as stated. Mr. Michael Allen, 2508 Holly Lane, Newport Beach, appeared before the Planning Commission by recommending a minimum 10 foot setback adjacent to R -1 property; an 8 foot high fence or wall requirement; maintain a minimum lot size of 5,000 sq. ft.; and not to exceed the permitted height limit for the chimneys. Mr. Hewicker replied that he was unaware of the modification for the height of a fence that was recently approved on Mr. Swigart's property. Mr. Hewicker commented that he would review the subject modification prior to the next Planning Commission meeting. Motion x A motion was made to continue Use Permit No. 3132 and All Ayes Tentative Tract Map No. 12360 to February 7, 1985. MOTION CARRIED. Use Permit No. 1417 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted 'on -sale alcoholic beverages and dancing entertainment in conjunction with an existing • restaurant in the C -1 District. The proposed amendment is to change the "Park Bar and Grill" Restaurant's hours of operation so as to permit the service of lunch and dinner between the hours of 11:00 a.m. and 2:00 S MINUTES Item #12 Use Permit No. 1417 Continued to Feb. 7, 1985 COMMISSIONERS January 24, 1985 F F G O A = z c m m z m a a z r = z m z m D °° 2 9 2 E Z r m Cit v New Dort Mort Beach MINUTES ROLL CALL I I I I I ' I I I INDEX • Motion All Ayes 0 x a.m., Monday through Saturday and 10:30 a.m. and 2:00 a.m, on Sundays. The proposed development also includes a full service bar, an addition of an open patio for dining and drinking purposes, and the use of live entertainment within the restaurant facility. The proposal also includes the request of an informal off -site parking agreement which will provide additional restaurant parking spaces. LOCATION: Lots 1, 2 and a portion of Lot 31 Block C, Tract No. 470 and an abandoned portion of Carnation Avenue, located at 2515 East Coast Highway, on the southeasterly corner of Carnation Avenue and East Coast Highway, in Corona Del Mar. ZONE: C -1 APPLICANT:Loomis Foods, Inc., Corona Del Mar OWNER: Poole Properties, Inc., Corona Del Mar Mr. Jerry King, representing the applicant, appeared before the Planning Commission and requested that this item be continued to February 7, 1985. A motion was made to continue Use Permit No. 1417 to February 7, 1985. MOTION CARRIED. Use Permit No. 3116 (Amended) Request to amend a previously approved use permit which permitted the establishment of a take -out ice cream shop on property located in the C -1 District and waived a portion of the required off- street parking spaces. The proposed amendment involves a request to change the operational characteristics of the proposed ice cream shop so as to allow the sale of sandwiches and non - cooking food items. LOCATION: Lot 13, Block 21, Newport Beach Tract, located at 114 22nd Street, on the easterly side of 22nd Street between West Balboa Boulevard and West Ocean Front, in the McFadden Square area. ZONE: C -1 -39- Item #13 Use Permit No. 3116 Approved N1/V \I33IIJIV[KJ January 24, 1985 x x c 0 n APPLICANT:Charles Cathcart, Huntington Beach x v m z c m> m z OWNER: Vic Sherreitt, Balboa Island C z 0 0 x 0 0 T City of Newport Beach A z z m MINUTES ROLL CALL I I 71NDEX APPLICANT:Charles Cathcart, Huntington Beach OWNER: Vic Sherreitt, Balboa Island The public hearing opened in connection with this item, and Mrs. Pamela Cathcart, 9392 Breakwater Circle, Huntington Beach, appeared before the Planning Commission. Mr. William Laycock suggested that the following Condition No. 16 be added: "No cooking shall be permitted in the take -out restaurant facility, unless an amended use permit is approved by the City at a later date. The amendment could require the addition of kitchen exhaust fans, washout areas for trash compactors and grease receptors." In response to a question posed by Commissioner Person, • Mr. Laycock stated that he was referring to the preparation of cooked foods. The applicant queried if a microwave oven would be acceptable. Commissioner Person stated that he does not believe that a microwave oven should be objectionable. Motion x Commissioner Turner made a motion to approve Use Permit All Ayes No. 3116 subject to the findings and conditions in Exhibit "A ", with the requested addition of Condition No. 16 and further stating "no cooking with the exception of a microwave oven." MOTION CARRIED. FINDINGS: 1. That the proposed amendment is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That there is adequate parking on the subject property for the proposed.restaurant • employees. 3. The project will not have any significant environmental impact. -40- l C)MPJ115JIVNtKJ January 24, 1985 MINUTES F 0 C o 0 _ c v y m z c m z m z Z � = a = M m City Newport Beach C S H O> 0 0 ` I . Y ROLL CALL INDEX 4. That the waiver of the development standards as pertain to a portion of the parking, parking lot illumination, circulation, walls, building setbacks landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as this amendment does not change the physical characteristics of the site. 5. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 6. The approval of Use Permit No. 3116 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved floor plan. 2. That all previously imposed conditions of approval for Use Permit No. 3116 are null and void. 3. That the development standards related to a portion of the required off - street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements, are waived. 4. That no on -sale or off -sale alcoholic beverages shall be sold or consumed on the premises unless the Planning Commission approves an amendment to this use permit. 5. That the hours of operation shall be . restricted tothe hours between 10:00 a.m. to 10:00 p.m., daily. 6. That there shall be no seating within the take -out restaurant. -41- COMMISSIONERS January 24, 1985 A x 7. That all signs shall conform with the c 0 requirements of Chapter 20.26 of the Newport F s v mI Beach Municipal Code. Z c v m r v s m a S. That a trash compactor shall be installed. c a i = a w = o S O m n � 0 m City of Newport Beach 9 a ROLL CALL MINUTES 7. That all signs shall conform with the requirements of Chapter 20.26 of the Newport Beach Municipal Code. S. That a trash compactor shall be installed. 9. That the storage area adjacent to the existing stairway shall be removed and the converted residential storage area shall be re- established at such time as the first floor of the building is used for any purpose other than a take -out food establishment. The applicant shall record a restrictive covenant, the form and content of which is acceptable to the City Attorney, providing for the building restoration by the applicant and/or successors in interest in perpetuity. 10. That the sidewalk on 22nd Street shall be kept clean and regularly maintained. Said • sidewalk shall be swept, vacuumed or washed in such a manner that any debris or waste water does not enter the storm drain system. 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. 12. That all mechanical equipment and trash areas shall be screened from the adjoining alley, and properties. 13. That the two employees shall park their automobiles on -site at all times. 14. That the Planning.COmmission may add /or modify Conditions of Approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation, which is the subject of this use permit, causes injury or is detrimental to the health, safety or welfare of the community. 15. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090 of the Newport Beach Municipal Code. -42- MINUTES COMMISSIONERS January 24, 1985 MINUTES E TM!7 _ -1 z G C Z N 0 3 0 0 M a a m City f Newport Beach z Y ROLL CALL INDEX 16. No cooking, with the exception of a microwave ovenshall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. The amendment could require the addition of kitchen exhaust fans, washout area for trash compactors and grease receptors. General Plan Amendment 85 -1 (A) (Public Hearing) Item #14' Request to amend the Land Use and Residential Growth GPA 85 -1A Elements at the Newport Beach General Plan, eliminating the Residential Growth Element by repealing obsolete Resolution language from the Residential Growth Element and No. 1127 incorporating the remaining portions of the Residential Growth Element into the Land Use Element. Approved • INITIATED BY: The City of Newport Beach The public hearing opened at this time. There is no public testimony on behalf of this item; therefore, the public hearing closed. Mr. Robert Lenard, Advance Planning Administrator, stated that this amendment will combine the Land Use and Residential Growth Elements of the General Plan, and deletes the obsolete provisions of the Residential Growth Element. Motion x A motion was made to adopt Resolution No. 1127 All Ayes recommending approval of General Plan Amendment 85 -1(A), amending the Land Use and Residential Growth Elements of the Newport Beach General Plan, and acceptance of a Negative Declaration. Motion voted on,and MOTION CARRIED. x Motion x A motion was made to excuse Commissioner Koppelman from Additional Business All Ayes the February 7, 1985, Planning Commission meeting. MOTION CARRIED. x e -43- COAANNISSIONERSI January 24, 1985 MINUTES ROLL CALL I I I I I I I I - INDEX • • The Planning Commission meeting was adjourned at 12:55 a.m. x * x -44- JOHN KURLANDER, SECRETARY NEWPORT BEACH CITY PLANNING COMMISSION Adjourn- ment xx v > m z c m a M m z m a S z r O S C Y N C; O O �y/ M m 0 m a r l :City Y 9 z a z T m V� ROLL CALL I I I I I I I I - INDEX • • The Planning Commission meeting was adjourned at 12:55 a.m. x * x -44- JOHN KURLANDER, SECRETARY NEWPORT BEACH CITY PLANNING COMMISSION Adjourn- ment