Loading...
HomeMy WebLinkAbout02/04/1982� x � r c m � � a m a 7C m m> REGULAR PLANNING COMMISSION MEETING Place: City Council Chambers Time: 7:30 p.m. Date: February 4, 1982 W MINUTES [___WL CALL ] I INDEX - XIXIXIXI All Present. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary Request to reduce the amount of required parking for the retail and office uses in Lido Marina Village, located in the C -1 -H District. LOCATION: Property generally bounded by Via Lido, Central Avenue and Newport Bay,.in Lido Marina Village. - - ZONE: C -1 -H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant it UMA Request to amend a previously approved use permit that allowed a night time and Sunday restaurant- theatre complex with on -sale alcoholic beverages and live entertainment, so as to expand the net public area of the existing restaurant and to increase the hours of operation to include the service of lunch. The proposal also includes a modification to the Zoning Code so as to increase the number of compact and tandem parking spaces in conjunction with the required restaurant parking. AND E MINUTES - -- February 4, 1982 � m m x w City of Newport Beach INDEX LOCATION: A portion of Lot 2, Tract No. 1117, -- located at 3505 Via Oporto, on the southeasterly corner of Central Avenue and Via Oporto, in Lido Marina village. ZONE: C -1 -H APPLICANT: Magic Island, Newport Beach OWNER: Lido Marina Village, Newport Beach Agenda Items No. 1 and 2 were heard concurrently due to their relationship. Planning Director Hewicker presented background information on these items. He stated that the applicant has submitted a new parking diagram, which the staff has not had ample opportunity to review. The public hearing opened in connection with these items and Mr. Dick Hogan, representing the applicant, • appeared before the Commission. Mr. Hogan stated that the new parking plan only relates to the provision of tandem parking. He stated that the City Traffic Engineer and Mr. Don Webb, the City Engineer, have had an opportunity to review the design of the new parking plan. Mr. Michael Callie, President of Magic Island, appeared before the Commission and described the requested proposal. He stated that they are requesting to build - out the space next to the upstairs dining room into a major showroom. He stated that the downstairs showroom is not large enough because of the ceiling height limitation. He stated that they are also requesting to be open during the daytime for bus tours. He stated that they are deleting their request to be open during the daytime on the weekdays for banquets and private parties. He further stated that they are requesting to be open on Saturday afternoon for banquets and private parties. Commissioner Balalis asked Mr. Callie to describe the employee parking. Mr. Callie stated that all of the daytime employees would be parking in the Imperial Savings - City National Bank parking lot, located at the southeasterly corner of 32nd Street and Villa Way, which has ample parking spaces. He stated that 14 -2- V %V "' February 4, 1982 3 x r c m m m R w. City of Newport Beach MINUTES LL CALL I I INDEX parking spaces would be needed for the daytime employees. Commissioner Balalis expressed his concern that the 32nd Street lot is three blocks away from the subject use and that it will be difficult to police where the employees will park. Mr. Callie stated that this provision would be enforced. In response to a question posed by Commissioner Balalis; Mr. Callie stated that the nighttime employees park on the fourth floor of the Lido Marina Village parking structure. Mr. Callie stated that there has never been a parking problem in the parking structure during the evening hours. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that many people would rather park in the free areas and the low - priced metered areas, than in the parking structure where there is a charge. Mr. Hogan stated that Mr. Callie has no control as to where the employees of • other businesses and other users of.Lido Marina Village park. Mr. Don McKay, representing the ownership of Lido Marina Village, appeared before the Commission. Mr. McKay stated that the requested proposal will be an extreme benefit to the merchants of Lido Marina Village and surrounding stores. He stated that the conditions of the Bank of America have been satisfied by written agreement and will be recorded. He also stated that Mr. Ed Warmington no longer has any objections to this request if the conditions of approval as described in the staff report are accepted by the applicant. Mr. McKay added that the success of the center is largely dependent upon the success of Magic Island. He stated that they will adhere to the requirement that all of Magic Island's employees park in the designated 32nd Street lot during the day. Commissioner Allen stated that the vitality of the center, without the influx of cars, would be beneficial to the area. She asked how the merchants and the tenants of the center provide for their employee parking. Mr. McKay stated that Ms. Susie Zaun, Project Manager for Lido Marina Village, could explain the parking arrangements. He stated that all of Magic Island's parking will be .validated or valet parked. -3- February 4, 1982 gam` m � m m m. City of Newport Beach MINUTES INDEX Commissioner Balalis stated that he is concerned with the vitality of the center, but also stated that he is concerned with the total parking situation for the center. He stated that the question is how to solve the parking problem that would make the center viable and would not create an undue hardship to the other merchants in the area. He stated that there are many alternatives which can be considered. Mr. McKay stated that he has received no complaints relating to this application. He stated that a petition in favor of this application, has been signed from most all of the merchants and restaurants in Lido Marina Village. Ms. Susie Zaun, Project Manager for Lido Marina Village, explained to the Commission the various parking arrangements which are utilized in the parking • structure. She stated that they also have provided for over 123 free parking stickers for employees. Commissioner Allen expressed her concern that almost one -half of the employees do not park in the parking structure. Ms. Zaun stated that the restaurants do not provide free parking for all of their employees. She stated that it is up to the merchant to distribute the free parking stickers that have been issued. Commissioner Allen stated that the parking statistics show enormous parking deficiencies. She stated that the objective should be to get the parking into the parking structure. Ms. Zaun stated that she has not received any complaints relating to the employee and tenant parking. She stated that the free parking stickers were distributed in order to get more people to park in the parking structure. In response to questions posed by Commissioner Balalis, Ms. Zaun explained the validation procedure which is utilized by the merchants. She stated that the parking structure can not be offered free of charge because of the costs for maintenance and that during the summer months, people would park in the structure for the entire day while visiting the beach. -4- � x r c c m 7C W m D February 4, 1982 of Newport Beach MINUTES I 15LL CALL I III Jill I INDEX • • Mr. Dick Hogan distributed copies of the proposed parking plan to the Commission. He explained the calculations of the available and required parking and stated that the parking structure needs to be restriped, regardless of this application. He stated that the parking deficiency has occurred because of the 14 parking spaces which will be lost when Newport Boulevard is widened, and the City is now requiring Lido. Marina Village to provide 50 spaces for the Bank of America and 24 spaces for the Lido shops as provided in existing off -site parking agreements. Mr. Hogan stated that the restriping of the parking structure would provide for 103 compact parking spaces, 286 regular daytime parking spaces, and 26 spaces for the Bay Lido Building and Grand Prix Boutique. He stated that there would be a total of 415 available parking spaces in the daytime. He stated that the nighttime parking would allow for 39 tandem parking spaces. He stated that Mr. Rich Edmonston, City Traffic Engineer, has indicated that this would not be a problem. Mr. Webb, City Engineer, stated that Mr. Edmonston had indicated that an adequate method informing the users of the parking structure would have to be established, as to where the valet begins, and the non -valet use ends. He stated that method would have to be developed and approved by the City Traffic Engineer. Mr. Hogan stated that they are agreeable to such a requirement. Mr. Hogan stated that the 39 tandem parking spaces would only be utilized when the valet service is on duty. Planning Director Hewicker referred to the last paragraph on Page 3 of the February 4, 1982 staff report and stated that the footnote should read "268 ", rather than "368 ", in conjunction with the total number of proposed compact spaces in the parking structure. Mr. Hogan referred to the percentages relating to the total number of parking spaces in the structure and stated that the total required parking, as required by the City, would be provided for the use of this facility in the evening. He stated that this includes the compact parking spaces, plus the tandem spaces with valet parking. -5- NAMISSIONERS . MINUTES February 4, 1982 � r c • ro m m m R w 3 City of Newport Beach INDEX Commissioner Allen asked how the tandem parking on the third level, rather than the fourth level, will improve the parking requirement. Mr. Hogan stated that the tandem parking will start on the top level and work down to a portion of the third level. Mr. Bill Darnell, of Basmaciyan- Darnell, Inc., stated that he had prepared the parking study which was submitted by the applicant. He explained that the parking structure is built on a spiral and is difficult to identify by levels. He described the current parking plan. of the structure and the proposed parking plan which will include compact and tandem parking spaces. Commissioner Allen expressed her concern that an employee who parks on the fourth level, may get trapped by the valet tandem parking in the evening. She also expressed her concern that a car parked in a regular • parking space during the daytime may find it difficult to back out when the tandem parking is in effect during the evening. Mr. Darnell stated that a program will be set up to control the use of the valet parking. Commissioner Balalis asked Mr. Darnell if he is aware of any recent studies which relate to the percentage of compact cars versus standard cars in a parking structure. Mr. Darnell stated that compact cars account for 35 to 50 percent of the cars. He stated that new car sales are in excess of 50 percent. Commissioner Balalis suggested that perhaps a greater percentage of compact spaces should be approved, rather than approving the use of tandem spaces. Mr. Darnell stated that he would not like to commit to a higher percentage of compact spaces at this time, because it takes the conversion of approximately eight full size spaces to make one compact space. In response to a question posed by Commissioner Beek, Mr. Darnell stated that a full size parking space is 8� feet wide and a compact parking space is 7� feet wide. 0 11111111 -6- COMMISSIONERS February 4, 1982 MINUTES � r c � � W Po City of Newport Beach LL CALL IT= I INDEX Mr. Hogan stated that the proposed parking plan provides for the total parking requirement and ratios as set forth.by the City. He stated that they can redesign the plan to provide for a higher percentage of compact parking spaces. Commissioner King stated that he would not be favor of more compact spaces, because his car doors already have enough dents in them. He further stated that one out of eighteen families in the City of Newport Beach owns a Mercedes or a Ferrari. He stated that considering these factors, a high percentage of compact car spaces would not be favorable. In response to a question posed by Commissioner King, Mr. Hogan stated that four handicapped parking spaces will be provided on the ground floor. Mr. Hogan stated that only an additional eleven parking spaces are required over current parking requirements • for the expanded facility at night. Mr. Hogan stated that the daytime 'bus tour proposal will not generate any traffic or parking difficulties. He stated that the only parking which would be required for this use would be 14 parking spaces for the employees. He stated that these 14 parking spaces are currently available in the 32nd Street parking lot, or with the approval of the variance request to reduce the amount of required parking, the parking spaces could be provided in the parking structure. He stated that approval of this request would be beneficial to all of the merchants in the area. In. response to a question posed by Commissioner King, Mr. Darnell referred to Table 1 of the parking study and summarized the percentages-of office, retail, and restaurant uses in the study area. . Mr. Doug Dryer, owner of the commercial building located at 3416 Via Lido, appeared before the Commission. Mr. Dryer explained the distinction between the Lido Shops area and the Lido Marina Village area. He stated that the Lido Shops area encompasses the 23 businesses located along the north side of Via Lido from the Bank of America to the Ports of Call • 1 1 1 1 1 I I I facility. He stated that the documentation submitted, -7- CALL February 4, 1982 � m m w. City of Newport Beach does not take into account the parking requirements for the Lido Shops area, other than the original 24 parking spaces. He stated that according to his calculations, an additional 94 parking spaces would have to be provided to meet these requirements. Mr. Dryer stated that the parking structure is never full, except during the week of the boat show. He stated that the Lido Shops and the Lido Marina Village businesses suffer because people do not like to park in the parking structure because it is narrow and confining. He stated that restriping of the structure will only compound this problem. He stated that many of the older patrons drive big cars and complain about the dark interior of the parking structure, the low ceilings and narrow corners in the structure. Commissioner Allen asked Mr. Dryer if the merchants of the Lido Shops were opposed to the request for the tour buses. Mr. Dryer stated that the problem with the tour buses in the past, is that they have attempted to park these big buses in the private .alley on the back side of the Lido Shops area. He stated that a controlled plan, for the tour buses to park elsewhere may be acceptable. He also stated that many of the patrons of the Lido Marina Village businesses, park on the street or in the tow away zone, rather than in the parking structure. Commissioner Balalis questioned, that if an attendant were to park all of the cars in the Lido Village parking structure for the patrons, would the merchants of the Lido Shops be willing to share in this expense. Mr. Dryer stated that many'of the patrons would not want the inconvenience of an attendant parking their car. He stated that many of the Lido Shops merchants would be opposed to a charge for this type of service. Commissioner Balalis asked Mr. Dryer if the merchants would be in favor of the service if it were free of charge. Mr. Dryer stated that this may be acceptable. Chairman McLaughlin stated that a free service of this nature may not be in the best interest of the customers. • I I I I I I I I -8- MINUTES February 4, 1982 � r c m � W City of Newport Beach c s a m w Planning Director Hewicker stated that the calculations in the staff report did include 74 spaces for the Bank of America and the Lido Shops. Mr. Dryer stated that as he understands, 50 parking spaces are being provided for the Bank of America, which only leaves 24 parking spaces to be utilized by all of the Lido Shops. Planning Director Hewicker stated that there are legal, nonconforming uses relating to the parking, such as the daytime use for the Warehouse Restaurant. In response to a question posed by Commissioner Beek, Mr. Dryer stated that the majority of the merchants in this area purchase validated parking, so that their customers can be provided with validated parking. He stated that the validation costs the merchant approximately 12 cents per half -hour. Mr. Darnell referred to Table 3, the employee parking, of the parking study and stated that this includes all employees within the study boundary, not just the employees of Lido Marina Village. *ion X Motion was made for denial of Variance Mo. 1088, in that the parking is a major problem in the area. Commissioner Beek suggested that this matter needs to be studied further, rather than denied at this time. Substitute Substitute Motion was made for approval of the bus Motion g tours portion of the request, and the remainder of the request be postponed in order to give the applicant and the management of the parking structure time to develop a comprehensive plan which will solve the parking problem for the merchants of the area, along with solving the tandem and valet parking problems. Chairman McLaughlin noted that the bus tour proposal was unacceptable to the residents of Harbor View Hills when it was proposed for Roger's Gardens and that the Lido Isle Community Association should be notified about the requested bus tour proposal in this area. Commissioner Balalis stated that the bus tour proposal for Roger's Gardens was denied because the buses were stopped immediately adjacent to a residential area, whereas this request is in a commercial area. He -9- MINUTES INDEX • I-1 U February 4, 1982 � r c 9+ m m ' w = City of Newport Beach suggested that the applicant enter into an agreement with Cal -Trans for the lot on West Coast Highway to park the buses. Commissioner Allen concurred with the comments of Commissioner Balalis and stated that she has always been in favor of a shuttle system which would work in this area. She stated that she can understand the concerns expressed by Chairman McLaughlin relating to the residential area, but stated that the people on the tour buses will probably not walk to Lido Isle, which is over a mile away. Commissioner Allen suggested that the bus tours be approved for a limited amount of time and approve the off -site parking agreement for the additional 14 employee parking spaces. She stated that in granting this approval for a limited amount of time, the Commission can determine if the people will be creating a problem in the residential area, if the employees are parking in the off -site parking location and give Lido Marina village a chance to work with the Lido Shops in developing a management parking plan for the parking structure. She stated that when the applicant brings back the expansion request, the Commission can then determine if the plan will work. Commissioner Winburn asked how long the trial basis will be for the bus tours. Chairman McLaughlin stated that this trial basis will last until the application is brought back before the Commission. Chairman McLaughlin stated that approval of the bus tour proposal will not be in the best interest of the residents of Lido Isle. Commissioner Beek stated that he is skeptical that the employees of this use will park in the 32nd Street lot. Commissioner Allen stated that as this application is monitored, the Commission will then be able to determine if the employees. are parking in the approved location. MINUTES Commissioner Balalis stated that this approval allows the applicant, the merchants in the area, and the management company of the parking structure to develop_ a workable parking plan. -10- INDEX February 4, 1982 MINUTES X � r c � W X x w City of Newport Beach LL CALL INDEX In response to a question posed* by Commissioner Beek, Mr. Hogan stated that the 32nd Street parking lot is a private lot, owned and controlled by Lido Marina Village. Planning Director Hewicker stated that spaces in the 32nd Street lot have been assigned to the Imperial Savings and City National Bank facilities. Mr. Hogan stated that there are 14 spaces in the 32nd Street lot which have not been assigned. Amendment I I I I I IXI I Commissioner Balalis stated that he would amend his motion to add that the availability of the 14 parking spaces in the 32nd Street lot be verified by the staff. Mr. Hogan asked if the approval of the bus tours would be limited to the King Tut Room, The Court of - Nerfertitti, and the Gallery of Ramses. Commissioner Balalis stated that his motion for approval of the bus tours does not impose such a limitation. Ayes III XX JX X X Amended Substitute Motion by Commissioner Balalis for Nil X approval of the bus tour operation and the parking agreement for the employees was now voted on as follows subject to the following finding and conditions, which AMENDED SUBSTITUTE MOTION CARRIED: �J FINDING: 1. That the approval of the daytime bus tour operation will not generate any parking or traffic difficulties because the employees of this use will be required to park in the approved off -site parking location. CONDITIONS: 1. That approval of the bus tour operation shall be on a trial basis. 2. That the daytime employees needed for the bus tour operation shall park in the approved off -site parking lot on 32nd Street. 3. That the fourteen (14) employee parking spaces for this use in the 32nd Street parking lot shall be verified by the staff. -11- Motion Ayes Noes Motion Ayes Noes r, LJ 7�nFebruary 4, 1982 City of Newport Beach 4. That the City Traffic Engineer and the Planning Director, shall approve the location of the bus parking areas. XIXIXIXI Motion was made to Table Variance No. 1088, which MOTION CARRIED. ^ Motion was made to continue Use Permit No. 1956 X X X X X' (Amended) to the meeting of March 4, 1982; so that the applicant, the merchants of the area, and the management of the parking structure can develop a workable parking plan, which would include the Lido Shops.. Motion by Commissioner Balalis was now voted on, which MOTION CARRIED. rt The Planning Commission recessed at 9:20 p.m, and reconvened at 9:35 p.m. • 1!!11111 -12 MINUTES INDEX VAMISSIONERS February 4, 1982 MINUTES 3 A m m m F y City of Newport Beach INDEX Request to consider a Traffic Study for a proposed Item #3 37,588 sq. ft. ± bank and commercial office building. Agenda Items No. 3 and 4 were heard concurrently due to their relationship. Commissioner Balalis stated that he would not be participating or voting on these items due to a possible conflict of interest. . Mr. Don Webb, City Engineer, referred to Condition of Approval No. 15 and stated that it should be amended to read as follows, "The proposed raised planters along Placentia Avenue northerly of the main entrance, shall be removed and that the proposed planter along 15th Street be set back a minimum of 2 feet behind the right -of -way line." • I' I I I I I -13- AND TRAFFIC STUDY Request to permit the construction of a permanent branch facility for the Heritage Bank in the Unclassified District that exceeds the basic height AND limit in the 32/50 Foot Height Limitation District. The proposal also includes the use of drive -up teller facilities and roof parking, a modification to the Zoning Code so as to allow the use of compact car Item #4 spaces for a portion of the required off - street parking, and the acceptance of an environmental document. USE PERMIT NO. 2046 . LOCATION: Lot 716, Newport Mesa Tract, located at 1522 Placentia Avenue, on property bounded by Placentia Avenue, Superior. Avenue and Fifteenth Street, in the West Newport Triangle area. BOTH ZONE: Unclassified - � W—ROVED CONDI- APPLICANT: Uhl & Van Tuyle Associates, Inc.,.Brea TIONALLY OWNER: Heritage Bank, Costa Mesa Agenda Items No. 3 and 4 were heard concurrently due to their relationship. Commissioner Balalis stated that he would not be participating or voting on these items due to a possible conflict of interest. . Mr. Don Webb, City Engineer, referred to Condition of Approval No. 15 and stated that it should be amended to read as follows, "The proposed raised planters along Placentia Avenue northerly of the main entrance, shall be removed and that the proposed planter along 15th Street be set back a minimum of 2 feet behind the right -of -way line." • I' I I I I I -13- 70x,.t February 4, 198 2 City of Newport Beach MINUTES INDEX i1 U Planning Director Hewicker suggested an additional condition of approval which would state, "That in consideration of granting the use permit to exceed the basic height limit for the District, the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity to a gross floor area limitation of .56 times the buildable area for the subject property." The public hearing opened in connection with these items and Mr. Jim Van Tuyle,. representing Heritage Bank, appeared before the Commission and requested approval of these items. He stated that they will cooperate with the City Traffic Engineer in the design of the parking structure. Mr. Ross Mollard stated that he is a principal of the UBC Medical Corporation which proposes to construct a 25,000 square foot medical office condominium on the .property immediately to the north of the proposed project. He stated that approval for his project has already been granted by the Planning Commission and construction should start within two months. Mr. Mollard stated that the applicant's proposed project will be an excellent addition to the area, but expressed concern with the parking structure wall" which is solid concrete and the landscape treatment which will be utilized in the three foot strip. He stated that the applicant's landscape plan should be compatible with his plan. Mr. Mollard also expressed a concern relating to the parking requirement and the use of the building. He stated that an additional condition should be included which would preclude medical uses, or in the event of medical uses, the applicant would have to substantially amend the use permit to accommodate the additional parking requirements. Mr. Rod Crane, Property Manager for Heritage Bank, stated that parking structure will be set back three feet to allow for the landscaping which will compliment the structure. He stated that the parking requirement of. one space for each 250 sq. ft. of net floor area is acceptable. 0 11111111 -14- ^� .February 4, 1982 a m m C3 flCity of Newport Beach MINUTES INDEX Mr. Van Tuyle stated that the spaces in the top two floors of the. building will be for lease, but that specific uses for these spaces have not been designated as yet. He stated that a heavy medical use of the building would be precluded because of the plumbing and x -ray features that would be required. He stated that they would be willing to work with staff to add the three parking spaces if Heritage Bank decided to lease to the medical profession. Planning Director Hewicker stated that the Traffic Study prepared for the project was based upon an office building use, not a medical office building which contains substantially higher traffic characteristics. Commissioner King suggested that an additional condition be placed upon the project which would exclude any medical related tenancy which would cause the traffic study to be invalidated. He stated that the traffic study would have.to be changed if medical • related uses were to be allowed. Mr. Crane stated that this would limit the potential number of businesses which could lease spaces in the building. Mr. Crane stated that they would be agreeable to a condition which states that the traffic study would have to be updated if medical uses were to be allowed at a later date. Mr. Bob Burnham, Assistant City Attorney, suggested that an additional finding be added to the approval of the Traffic Study which would state that medical related uses of the building will require a revision of the Traffic Study. Motion I IXIII Motion was made for approval of the Traffic Study, Ayes X X X X X subject to the findings and conditions of Exhibit "A ", Noes with the additional finding as suggested by Mr. Abstain Burnham, which MOTION CARRIED as follows: FINDINGS: Traffic Study 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. • -15- February 4, 1982 � r c • m � m City of Newport Beach MINUTES INDEX 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary! street. 3. That the Traffic Study prepared for the project was based upon an office building use and does not analyze the impacts of medical related uses. In the event medical related uses were to be proposed for the project, a revision to the Traffic Study would be required. CONDITIONS: 1. That prior to the occupancy of the proposed project, the applicant shall contribute his fair share as determined by the City to the planned circulation system improvements at the Balboa • Boulevard, West Coast Highway and Superior Avenue intersection, and further, that these improvements shall have been completed unless subsequent project approvals required additional improvements at this intersection. 2. That if the applicant wishes to occupy the proposed development prior to the completion of the "improvements described in Condition No. 1 above,, the applicant shall demonstrate to the satisfaction of the Planning Department and Public Works Department that they have implemented trip generation reduction measures or measures equally effective approved by the City Traffic Engineer. These measures shall remain in effect until the improvements described in Condition No. 1 above have been completed. Commissioner Beek stated that he would be voting against an approval of the use permit, because he can not make the findings that, the increased building height will result in a more desirable architectural treatment of the building and that it will result in more public visual open space than is required. • -16- COMMISSIONERS MINUTES .February 4, 1982 � x � r c mm City of Newport Beach LL CALL INDEX Motion X Motion was made for approval of Use Permit No. 2046, Ayes X X X X subject to the following findings and conditions, with Noes X X the amendment. to Condition No. 15 as suggested by the Abstain X City Engineer, and additional conditions relating to the floor area limitation and the requirement of a revision to the Traffic Study if medical related uses are proposed, which MOTION CARRIED: FINDINC;S e 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit, inasmuch as open areas are provided throughout the site. 3. The increased building height will result in a more • desirable architectural treatment of the building and a stronger and more appealing visual character 11, 111111 of the area than is required by the basic height limit. 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. Adequate off - street parking spaces will be provided for the .proposed office building and bank facilities. 7. Adequate provision for traffic circulation are being made for the drive -up teller facility. 8. The Police Department has indicated that it does not contemplate any problems. -17 n 7. February 4, 1982 MINUTES m x y City of Newport Beach INDEX 9. That parapet walls, and railings be constructed adjacent to the proposed roof parking area that will shield the parked automobiles from view from adjoining property and streets. 10. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 11. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. 12. That the establishment of compact car parking spaces in the on -site parking area will not, under the circumstances of this case be detrimental to- • the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further.that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 13. The approval of Use Permit No. 2046 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, floor plans and elevations except as noted below. 2.. Handicap and compact parking spaces shall be clearly marked by a method approved by the City. • Traffic Engineer. -18- COMMISSIONERS MINUTES February 4, 1982 3 � � r c City of Newport Beach LL CALL INDEX 3. That one parking space for each 250 sq.ft. of net floor area shall be provided on the subject property. 4. Final design of the on -site parking and circulation system and points of access egress shall be subject to the approval of the City Traffic Engineer. 5. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. DISCLOSURE STATEMENT The lessee herein, his heirs, successors and assigns, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach may continue to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 6. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 and K4. • IIIIIIII "` � x � r c c s n m D m m February 4, 1982 of Newport Beach MINUTES I MLL CALL I I I I I I I I I INDEX M r, 7. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 8. The final design of the project shall provide for the sorting of recyclable material from other solid waste. 9. The applicant .shall provide for weekly vacuum sweeping of all paved parking areas and drives. 10. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 11. A landscape and irrigation plan for the *project shall be prepared by a licensed landscape architect. 12. A landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department. 13. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 14. The landscape plan shall place heavy emphasis on the use of drought - resistent native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 15. The proposed raised planters along Placentia Avenue northerly of the main entrance, shall be removed and that the proposed planter along 15th Street be set back a minimum of two feet behind the right -of -way line. 16. That a grading plan if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 17. The grading permit shall include, if required, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impact of haul operations. -20 70n February 4, 1982 mn City of Newport Beach 18. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. MINUTES 19. That an erosion and siltation control program,.if required, be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 20. That prior.to the issuance of building permits the applicant shall submit to the Planning Director written documentation that Conditions 5,7,8, and 9 will be complied with for the duration of the subject development on the site. 21. That all signs meet the provisions of the Sign Code. 10 1 I 1 1 1 1 1 1 22. That all improvements be constructed as required by Ordinance and the Public Works Department. 23. That any existing unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that any deteriorated side walk be reconstructed. 24. That a use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 25. That the sewer service be installed per Costa Mesa Sanitary District Standards. 26. That street lights be constructed along the Placentia Avenue frontage per City standards. This will also include the upgrading of the existing street light at the corner of 15th Street and Placentia Avenue. • II II II II INDEX 11 February 4, 1982 MINUTES w. >I City of Newport Beach INDEX 27. That the existing fire hydrant on Placentia Avenue be relocated so that it is at least 5' from any proposed driveway approach. The location shall be approved by the Public Works Department. 28. That in consideration of granting the use permit to exceed the basic height limit for the District, the applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and successors in interest in perpetuity to a gross floor area limitation of .56 times the buildable area for the subject property. 29. That a revision to the Traffic Study shall be required and approved, if medical related uses are proposed for the project. Request to amend Chapter 20.73, Residential Condominium I Item #5 Projects, of Title 20 of the Newport Beach Municipal Code. INITIATED BY: The City of Newport Beach Commissioner Balalis stated that new financing information has just become available to first time buyers and suggested that this item be continued to study this information further. Mr. Barnett Larks, resident of 1901 Beryl Lane, and Vice - President of Friends of Oasis Senior Citizen Center, representing over 2,500 senior citizens appeared before the Commission. Mr. Larks stated that this item has been postponed a number of times and requested that the public hearing proceed. Commissioner Kurlander suggested that this item be continued to the first agenda item of the next Planning Commission Meeting, which would be February 18, 1982. He.stated that more public input could be taken earlier in the evening.. -22 -. AMENDMENT NO. 568 . Motion A11 Ayes � r � m � m c� a 7cmm > NNE February 4, 1982 itv of Newport Beach Ms. Mary Miller, representing the League of Women Voters, suggested that before the next public hearing, the public have access to the new financing information that Commissioner Balalis has referred to. Ms. Pat Harrigan, President of the League of Women Voters of Orange Coast, appeared before the Commission and referred to her letter dated February 4, 1982. Ms. Harrigan stated that a representative of their organization will be present at the next meeting. Motion was made to continue this item to the Planning Commission Meeting of February 18, 1982 as the first agenda item, which MOTION CARRIED. • Request to amend the Harbor View Hills Planned Community Development Standards relative to garage setback from sidewalks and curbs in Area 11 of said Planned Community. LOCATION.: Area 11, consisting of the Harbor Ridge and the Harbor Hills areas of the Harbor View Hills Planned Community. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant MINUTES The public hearing opened in connection with this item - and Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission. Mr. Dmohowski stated that they are in agreement with the staff's recommendation for approval. Motion X Motion was made to adopt Resolution No. 1077, approving All Ayes X X X -X X X Amendment No. 570, as follows, which MOTION CARRIED:- -23- INDEX Item #6 AMENDMENT NO. 570 APPROVED RESOLUTION NO. 1077 February 4, 1982 r • m m m City of Newport Beach Harbor View Hills P -C, Section Vi, Area 11, to read as follows: D. Setbacks from Streets The following minimum setbacks shall apply to all dwelling structures (not to include garden walls or fences) adjacent to streets. Said setbacks are to be measured from the ultimate right -of -way line. However, the Community Development Director may, upon submittal of a tentative subdivision map, review said map in view of setbacks listed in this ordinance and /or sound planning principals and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination, in the case of modification or disapproval, the applicant • may appeal to the Planning Commission for further consideration. Setback from Ultimate Street Designation Right -of -Way Line Major and Primary 20' Local Collector 5' Local Street 5' Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back or curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. • I i l l l l 11, -?4- MINUTES INDEX COMMISSIONERS 3 A 0 m x w MINUTES February 4, 1982 City of Newport. Beach LL CALL INDEX Request to amend a previously approved use permit which Item #7 allowed the establishment of a commercial parking lot on property located in the R -2 District, so as to delete Condition No. 3 which allows the use of said parking lot between the hours of 6:00 a.m. and 8:00 p.m. only. USE PERMIT NO. 460 - LOCATION: Lot 11, Block 729, Corona del Mar Tract, - m -dgd located at 711 Begonia Avenue, on the northwesterly side of Begonia Avenue, between East Coast Highway and Fourth Avenue, in Corona del Mar. APPROVED ZONE: R -2 �C NDI- TIONALLY APPLICANT: Richard Natland, Newport Beach OWNER: Jeff Schulein, Corona del Mar The public hearing opened in connection with this item. • and Mr. Jeff Schulein, the owner, appeared before the Commission. Mr. Schulein stated that the nighttime use of the parking lot has been created by neighboring businesses and restaurants. Ms. Lila Crespin, resident of 707 Begonia Avenue, and representing .several neighbors in the area, appeared before the Commission. Ms. Crespin stated that they are in favor of the one -way spiked traffic control device which should help to control the parking problems. She suggested that the parking lot be closed at 6:00 p.m., rather than 8:00 p.m. She stated that the chaining of the lot has not been done on a consistent basis and suggested that the lot be chained on both ends until the spiked traffic control device is installed. Commissioner Beek asked Ms. Crespin if a 7:00 p.m. closing of the parking lot would be acceptable. Ms. Crespin stated that the tenants of the building usually leave by 5:30 p.m. She stated that if the parking lot is left open until 7:00 or 8:00 p.m., many of the restaurant patrons of the area will attempt to park, in this lot. • IIIIIIII -25_ February 4, 1982 MINUTES 3 � � m X City of Newport Beach INDEX In response to a question posed by Commissioner Balalis, Mr. Schulein stated that the spiked traffic control device will be installed as soon as possible. In response to a question posed by Commissioner Beek, Mr. Schulein stated that the hours of operation of the parking lot from 7 :30 a.m. to 6:00 p.m. would be acceptable. Mr. Richard Barron, resident of 709 Begonia Avenue, stated that the parking problems are not created by the applicant, but are created by the adjoining restaurants. He strongly urged that the applicant be required to install a spiked traffic control device and restrict his parking hours from 8:00 a.m. to 6:00 p.m. Motion X Motion was made for approval of Use Permit No. 460 All Ayes X X X Y X X X (Amended) subject to the following findings and conditions, amending the hours of operation of the parking lot from 7:30 a.m. to 6:00 p.m. only, which • MOTION CARRIED: 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 approval of Use Permit No. 460 (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. Wall must be constructed on the south side line from the rear property line to within 18' of the front property line and a 3' wall from the setback line of 18' to the front property line. • -26_ COMMISSIONERS MINUTES February 4, 1982 K . r c � Oo w. City of Newport Beach LL CALL III INDEX 2.. Parking area must be black- topped. 3. Operation of the parking lot may be permitted from 7:30 a.m. to 6:00 p.m, only. Further, the Begonia Avenue entrance shall be secured by a locked chain or other device approved by the Planning Department so as to prohibit entrance to the parking lot after 6:00 p.m., and that an approved one -way (exit) spiked traffic control device with appropriate warning signs shall be installed at the alley exit on the subject property. 4. Ingress must be from Begonia Avenue and egress from the alley. 5. No structure may be permitted within 3' from the north side property line. • Request to amend certain conditions of approval of Use Permit No. 1924 (Amended) that permitted the temporary use of a modular building for a savings and loan . facility so as to extend the time period of said permit, and the acceptance of an environmental document. Item #8 USE PERMIT NO. 1924 LOCATION: A portion of Block 93, Irvine's - ended Subdivision, located at 2340 East Coast Highway, on the northerly side of East Coast Highway, westerly of MacArthur Boulevard, in Corona del Mar. APPROVED ZONE: P -C CONDI- TI N LLY APPLICANT: Home Federal Savings and Loan Association, San Diego - OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Tom McMahon, representing the applicant, appeared before the Commission. He stated that the property owner is concerned with Conditions of Approval No. 2 and 3. - • -27- COMMISSIONERS February 4, 1982 MINUTES gym: W w. City of Newport Beach II CAI I INDEX Planning Director Hewicker suggested that Condition of Approval No. 2. be revised to reflect the concerns of Commissioner Allen, in the event that General Plan Amendment 80 -3 is rescinded. He stated that this revised condition of approval was utilized in Use Permit No. 1929 (Amended), where The Irvine Company was also the property owner. Mr. Dave Dmohowski, representing The Irvine Company, stated that they are concerned with the conditions of approval because of the uncertainty of the General Plan Amendment for the Newport Village site. He expressed a concern with Condition of Approval No. 3 in that there is an uncertainty as to whether federal funding will be available to complete the East Coast Highway widening improvements. He suggested that the method of assuring or bonding these improvements be made at a later date. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the applicant can come back before the Commission to request that the • condition be changed in the event another extension is needed. Ms. Hiroko Ogata, representing the Community of Four Thousand, stated that they are opposed to the extension of the temporary use permit. She stated that when a temporary use is allowed to be extended, it has a tendency to become a permanent use. She stated that it is not clear as to how many more months the requested extension would provide for. She stated that approval of this extension will only create economic uncertainty for the tenant and generate additional traffic flow. Motion - X Motion was made for approval of Use Permit No. 1924 A11 Ayes X X X X X.X (Amended), subject to the following findings and conditions, with the revised Condition of Approval No. 2 as suggested by staff, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant • environmental impact. -28- � r c c o m et a February 4, 1982 of Newport Beach MINUTES IR5LLCALLI 111 1111 1 INDEX - 3. Adequate off - street parking spaces are being provided for the proposed development. 4. That the proposed development is temporary in nature, and will not preclude the preparation of a development plan for the ultimate use of the property. 5. The approval of Use Permit No. 1924 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare -of the City. CONDITIONS: 1. That all conditions of approval for use permit No. 1924 (Amended) approved by the Planning Commission on September 4, 1980, shall apply to this • application, except as may be revised below. 2. If General Plan Amendment 80 -3 is rescinded, then this permit can extend for a period of 18 months, (until September 30, 1983), providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 18 months of approval of this application. A one year extension may be granted by the Modifications Committee, subject to the landowner having submitted said P -C Development Plan for the ultimate use of the property. However, if General Plan Amendment 80 -3 is not rescinded, then this permit shall extend for a period of 12 months (until March 31, 1983), providing that the property owner shall prepare and submit to the City a development plan for the ultimate use of the property within 12 months of the approval of this application. A one year extension may be granted by the Modifications Committee; subject to the landowner having submitted said P -C Development Plan for the ultimate use of the property. • I I� I I I I� -29 vvvu.zuvi. 1w February 4, 1982 � r c W � W w. City of Newport Beach MINUTES LL CALL I I I M I JINDEX - 3. That a resubdivision and parcel map shall be filed, or that an agreement be entered into by March 31, 1982, that would provide for the fundings of the ultimate permanent street improvements for the widening of East Coast Highway across the frontage of the applicant's property, and that an adequate surety be provided to guarantee its construction. The agreement shall be between the applicant, and the property owner, and the City. Request to construct a 2 -unit residential condominium development and related garage spaces in the R -2 District. 0 Request to establish a single parcel of land for residential condominium purposes where one lot. presently exists. LOCATION: Lot 3, Block 142, Canal Section, located at 204 43rd Street, on the southeasterly side of 43rd Street, between River Avenue and Balboa Boulevard, in West Newport. ZONE: R -2 APPLICANT: Properties West, Inc., Newport Beach OWNER: Same as applicant ENGINEER: Ron Miedema,.Costa Mesa Agenda Items No. 9 and 10 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, requested approval of these items. I I I ( Commissioner Beek expressed his objections to such • requests for residential condominium developments. -30- AND February 4, 1982 MINUTES � x r c w. City of Newport Beach LL CALL INDEX Motion Motion was made for approval of Use Permit No. 2060 Ayes X X X X X subject to the following findings and conditions, which Noes I]XI MOTION CARRIED: • • FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. rnAMTMTnTle . 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision No. 719 be fulfilled. -31- 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. • 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from the alley and that the driveway paving join the existing alley improvements. 5. That the deteriorated sidewalk along the 43rd Street frontage be reconstructed. 6. That a 6 foot high concrete block wall be constructed along the southwesterly property line of the property in order to minimize the effect of the future widening of West Balboa Boulevard. Said wall shall be setback 5 feet from the rear property line adjacent to the alley and be reduced in height to 3 feet in the 10 foot front yard. 7. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit or record the parcel map prior to completion of the public improvements. • 11111111 -32- COMMISSIONERS MINUTES February 4, 1982 a a m m City of Newport Beach LL CALL INDEX Motion X Motion was made for approval of Resubdivision No. 719 Ayes X X X X subject to the following findings and conditions, which - Noes K MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. • 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from the alley and that the driveway paving join the existing alley improvements. 5. That the deteriorated sidewalk along the 43rd Street frontage be reconstructed. 6. That a 6 foot high concrete block wall be constructed along the southwesterly property line of the property in order to minimize the effect of the future widening of West Balboa Boulevard. Said wall shall be setback 5 feet from the rear property line adjacent to the alley and be reduced in height to 3 feet in the 10 foot front yard. 7. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit or record the parcel map prior to completion of the public improvements. • 11111111 -32- COMMISSIONERS MINUTES February 4, 1982 m m m x u. City of Newport Beach LL CALL INDEX 8. That the prospective buyers be informed that the City's Circulation . Element provides for West Balboa Boulevard to be widened and that the City has purchased the adjacent property to accomplish this widening. 9. That a 12 foot radius corner cutoff be dedicated to the Public for street and highway purposes at the corner of Balboa Boulevard and 43rd Street. Request to construct a 2 -unit residential condominium I Item #11 development and related garage spaces in the R -2 District. USE PERMIT AND Agenda Items No. 11 and 12 were heard concurrently due APPROVE to their relationship. C DI- TIONALL The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, requested approval of these items. Commissioner Beek expressed his objections to such • requests for residential condominium developments. -33- Request to establish a single parcel of land for • residential condominium purposes where one lot presently exists. AND LOCATION: Lot 4, Block 142, Canal Section, located at 206 43rd Street, on the southeasterly side of 43rd Street, between River Avenue and Balboa Boulevard, in West Newport. Item #12 ZONE: R -2 APPLICANT: Properties West, Inc., Newport Beach RESUB- DIVISION OWNER: Same as applicant NO. 720 ENGINEER: Ron Miedema, Costa Mesa Agenda Items No. 11 and 12 were heard concurrently due APPROVE to their relationship. C DI- TIONALL The public hearing opened in connection with these items and Mr. Dana Smith, representing the applicant, requested approval of these items. Commissioner Beek expressed his objections to such • requests for residential condominium developments. -33- V%/V% February 4, 1982 City of Newport Beach Motion X I I J J Motion was made for approval of Use Permit No. 2061 Ayes X X X X subject to the following findings and conditions, which Noes X MOTION CARRIED: FINDINGS: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. • 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 6TH .i7 ��141Y[i75f.`F 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all conditions of approval of Resubdivision • No. 720 be fulfilled. -34- MINUTES INDEX February 4, 1982 3 � r m � 03 X City of Newport Beach Motion X Motion was made for approval of Resubdivision No. 720 Ayes X X X X X subject to the following findings and conditions, which Noes X MOTION CARRIED: - - 3i5i7iRe�� 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by • ordinance and the Public works Department. 3. That each unit be served with individual water services and sewer laterals unless otherwise approved by the Public Works Department. 4. That all vehicular access to the property be from the alley and that the driveway paving join the existing alley improvements. 5. That the deteriorated sidewalk along the 43rd Street frontage be reconstructed. 6. That arrangements be made with the Public Works Department to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit or record the parcel map prior to completion of the public improvements. • IIIIIIII MINUTES INDEX COMMISSIONERS February 4, 1982 MINUTES ac n m- m m m w. City of Newport Beach LL CALL INDEX Request to establish a take -out ice -cream shop in the Item X113 C -1 -H District, and to waive a portion of the required off - street parking spaces in conjunction with said use. LOCATION: A portion of Lot 3, Tract No. 1117, located at 3467 Via Lido, on the southerly side of Via Lido, easterly of USE PERMIT Newport Boulevard, in Via Lido Plaza. NO. 2062 ZONE: C -1 -H APPLICANT: Yahn -Heck, Inc., Corona del Mar OWNER: Orange Coast Developers, Newport Beach The public hearing opened in connection with this item and Mr. Wayne Heck, the applicant, appeared before the Commission and requested approval of this item. • I ( I I I I I Staff referred to Condition of Approval No. 2 and I stated that the reference made to West Coast Highway should be deleted and replaced with Via Lido. Motion 1,1 Motion was made for approval of Use Permit No. 2062 All Ayes X X X X X X subject to the following findings and conditions, with the revision to Condition. No. 2 relating to Via Lido, which MOTION CARRIED: FINDIN('S: 1. That the proposed use is consistent with the Land Use Element of the General Plan and Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, landscaping, and a portion of the required parking spaces, will not be detrimental to adjoining properties. I I ( I I I 4.. The Police Department has indicated that they do not contemplate any problems. • -36- APPROVED CONDI- O LLY February 4, 1982 MINUTES ro m m City of Newport Beach LL CALL INDEX 5. The approval of Use Permit No. 2062 will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. . That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from Via Lido. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. • 4. That the development standards pertaining to walls, landscaping, and a portion of the parking spaces be waived. 5. That no cooking, or any food preparation other than ice cream and. related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. • r Review of Specific Area Plan designations on the Item #14 General Plan, and discussion of priorities of beginning studies in each of said areas. INITIATED BY: The City of Newport Beach - - Continued to March 4, 1982 Commissioner King suggested that this item be continued so that the staff can prepare additional information. • -37 COMMISSIONERS MINUTES February 4, 1982 w City of Newport Beach LL CALL INDEX Motion A11 Ayes • Commissioner Beek stated that the specific area plans are heavily dependent upon a solution to the parking, problems and the in -lieu parking subject. He stated that the Beeco, Ltd. and Beacon Bay properties are no longer in need of specific area plans and should be deleted from the list. Motion was made to continue this item to the Planning X X X X l�, X Commission Meeting of March 4, 1982, in order for the staff to prepare additional information, which MOTION CARRIED. x x x There being no further business, the Planning Commission adjourned at 11:00 p.m. x x x Joan Winburn, Secretary Planning Commission City of Newport Beach 2