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HomeMy WebLinkAbout02/07/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. 0 DATE: February 7, 1991 dh CITY OF NEWPORT BEACH ROLL CALL INDEX Present Commissioner Pomeroy was absent. Absent * sss EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • Minutes of January 24, 1991: Minutes of 1/24/91 Motion * Motion was made and voted on to approve the January 24, Ayes * 1991, Planning Commission Minutes. MOTION CARRIED. Absent sss Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. s : : Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, February 1, 1991, in front of City Hall. • COMMISSIONERS February 7, 1991 MINUTES CITY OF NEWPORT BEACH ROL CALL INDEX Request for Continuances: Request for Continuance James Hewicker, Planning Director, requested that Item No. 1, Use Permit No. 3086 (Amended), John Dominis Restaurant, applicant, and Use Permit No. 3409, Larry Levoff, Know Limit Inc., applicant, property located at 2901 West Coast Highway, be continued to the meeting of February 21, 1991, for further review. Motion * Motion was made and voted on to continue Item No. 1 to the Ayes February 21, 1991, Planning Commission meeting. MOTION Absent CARRIED. A. Use Permit No 3086 (,Amended) ftblic He "nn Item No.1 Request to amend a previously approved use permit which UP3086A • permitted the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking and off- UP3409 site parking for employees on property located in the 'Recreational Cont ' d to and Marine Commercial" area of the Mariner's Mile Specific Plan 2 -21_91 Area. The off -site parking area is located at the southeasterly comer of Riverside Avenue and Avon Street. The proposed amendment involves a request to operate the second floor portion of the subject restaurant as a separate use from the third floor restaurant operation. Said proposal also includes a request to operate the second floor restaurant at lunch on Monday through Friday, whereas the second floor portion of the existing restaurant is currently limited between the hours of 4:00 p.m. and 2:00 a.m. Monday through Friday and 9:00 a.m. to 2:00 am. Sundays and recognized holidays. Said proposal also includes a request to allow the required daytime parking for the second floor restaurant to be provided on a contingency basis depending on the. amount of vacant office or retail space within the building. APPLICANT: John Dominis Restaurant, Newport Beach • AND -2- COMMISSIONERS February 7, 1991 MINUTES CITY OF NEWPORT BEACH ROM CALL INDEX B. Use Permit No. 3409 (Public Hearing) Request to permit the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and dancing, valet parking. and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The off -site parking area is located at the southeasterly corner of Riverside Avenue and Avon Street. Said proposal involves separating the existing third floor portion of the John Dominis Restaurant so as to operate the third floor as an independent restaurant use with the same operational characteristics that are currently permitted. LOCATION: Site of restaurants: Parcel 1, Parcel Map 84- 709 (Resubdivision No. 779), located at 2901 . West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's . Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly corner of Riverside Avenue and Avon Street in Mariner's Mile. ZONE: SP -5 APPLICANT: Larry Levoff, Know Limit Inc., Carlsbad OWNER: Kawabe, USA, Beverly Hills James Hewicker, Planning Director, requested that this item be continued to the meeting of February 21, 1991, so as to allow the applicants additional time to provide a redesign of the proposed restaurants and to allow staff additional time to review those changes and incorporate that information into the staff report. Motion * Motion was made and voted on to continue Item No. 1 to the Ayes * * * * * * February 21, 1991, Planning Commission meeting. MOTION Absent CARRIED • -3- COMMISSIONERS °1 ON in February 7, 1991 MINUTES CITY OF NEWPORT BEACH RO=CALL INDEX A -1 General Plan Amendment 90- 1(G)(Public Hearing) Item No.2 Request by the Irvine Company to amend the Land Use Element GPA 90 -1G of the General Plan to provide for Administrative Professional and (AR s . 1244 ) Financial Commercial uses as an alternate use on the Pacific (Res.1246) Telephone site ( Camelback Street and Bison Avenue); and the TS No. 70 acceptance of an environmental document. GP Consist. INITIATED BY: The City of Newport Beach (Res.1245) A701 .(Res. 1247) AND TS67 A -2 Amendment No 721 (Public Hearing) Approved Request to amend the North Ford Planned Community District Regulations to provide for 20,000 square feet of office development on the Pacific Telephone site. AND A -3 Traffic Stud No 70 (Public Hearing) Request for a Traffic Study for proposed office development on the Pacific Telephone site. LOCATION: Lot 6, Tract No. 6680, located at 1177 Camelback Street, on the northwesterly comer of Bison Avenue and Camelback Street, in the North Ford Planned Community. ZONE: P -C AND • -4 COMMISSIONERS February 7, 1991 MINUTES .o \\\%pdc M CITY OF NEWPORT BEACH ROLT CALL INDEX B -1 Finding of General Plan Consistency (Discussion) Request by the Irvine Company for a finding of General Plan consistency for a transfer of 13,550 square feet of commercial development from the Pacific Telephone site to Fashion Island. INITIATED BY: The City of Newport Beach AND B -2 Amendment No 701 (Public Hearing) Request to amend the Fashion Island Planned Community Development Regulations so as to increase the allowable development allocation by 13,550 square feet. AND • B -3 Traffic Study No 67 (Public Hearing) footage Fashion Request for a Traffic Study for increased square at Island. APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. David Neisb appeared before the Planning Commission on behalf of the applicant, and he concurred with the Findings and Conditions in Exhibit 'W'. There being no other; desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to recommend and adopt General Plan Amendment No. 90 -1 (G) (Resolution No. 1244), Amendment No. 721 (Resolution No. 1246), Traffic Study No. 70, Finding of General Plan Consistency (Resolution No. 1245), Amendment No. . -5 COMMISSIONERS February 7, 1991 MINUTES CITY OF NEWPORT BEACH ROM CALL INDEX 701 (Resolution No. 1247), and Traffic Study No. 67, to the City Council. In response to questions posed by Commissioner Glover, Don Webb, City Engineer, and James Hewicker, Planning Director, explained that Traffic Models are not projected for a specific time frame, and the projections consider the remaining development rights as specified by the General Plan. Ayes Absent * * * * * * The foregoing motion was voted on, MOTION CARRIED. A. Environmental Document: Accept the environmental document, making the following findings: 1. That an Initial Study and Negative Declaration have been. prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That based on the information contained in the initial study, comments received, and all related documents, there is no substantial evidence that the project (as conditioned or as modified by mitigation measures identified in the initial study) could have a significant effect on the environment. B. GPA 90 -1 (G) 1. The proposed office use is compatible with the existing land uses in the North Ford Planned Community. 2. Based on information contained in the traffic study which has been performed for development proposed under the proposed amendment, the circulation system will not be adversely affected by the proposed project. -6- COMMISSIONERS February 7, 1991 MINUTES 03 N � � A \� CITY OF NEWPORT BEACH ROLL CALL INDEX C. General Plan Consistency Del ination/Densily Transfer 1. A traffic analysis was prepared to assess the impact of the proposed transfer of development, and the traffic analysis indicated that the transfer would not adversely affect the City of Newport Beach traffic system. D. Amendment No. 721. Traffic Study No. 70 F' dm inas: 1. That the proposed amendment is consistent with the General Plan and provides for land uses compatible with the surrounding area. 2. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -l. 3. That the Traffic Study indicates that the project generated traffic for a general office development will not add to an unsatisfactory level of traffic service at any critical intersection which will have an Intersection Capacity Utilization of .90 of less. 4. That the Traffic Study indicates that the project generated traffic for a medical office development will be greater than one percent of the existing traffic during the 2.5 hour peak period at the intersection of MacArthur Boulevard and Bison Avenue and the intersection of Jamboree Road and Bison Avenue, and could potentially add to an unsatisfactory level of traffic service at the intersection of MacArthur Boulevard and Bison Avenue. 5. That the Traffic Study suggests circulation system improvements which will improve the level of traffic service to an acceptable level at all critical intersections. -7- COMMISSIONERS February 7, 1991 MINUTES ,o � d� 0 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. at the proposed project, including circulation system improvements will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. Conditions: 1. Medical office uses on the Pactel site shall not be certified for occupancy until such time as an additional northbound through lane on MacArthur at Bison is provided. 2. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 3. The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to minimize the impacts of haul operations. 4. An erosion, siltation and dust control plan shall be • submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 5. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 6. If found necessary by the City of Newport Beach, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during excavation and construction of retaining structures and foundations. -8 COMMISSIONERS February 7, 1991 MINUTES CITY OF NEWPORT BEACH RCET CALL INDEX 7. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. Hand excavation activities which involve the use of stone drills, jack hammers, or other similar tools which produce grinding, pounding or other similar loud and pulsating sounds shall be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through Saturday. 8. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during excavation and construction. This program shall include such measures as: containing soil on- . site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. • 9. The lighting system for the proposed developments shall be designed in a manner so as to conceal the light source and minimise light and glare to the nearby residential properties on the northeasterly side of Camelback Street and the southerly side of Bison Avenue. E. Amendment No. 701. Traffic Study No. 67 Findingn: 1. That the proposed amendment is consistent with the General Plan and provides for land uses compatible with the surrounding area. 2. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S4. I I -9 COMMISSIONERS February 7, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the Traffic Study indicates that the project generated traffic for up to 20,000 square feet of retail development will not be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of a critical intersection, and will not add to an unsatisfactory level of traffic service at any critical intersection which will have an Intersection Capacity Utilization of .90 of less. 4. That the proposed. project will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", 'primary- modified" or "primary" street. Conditions: 1. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. 2. The grading permit shall include a description of haul routes, access points to the site, and a watering program • designed to minimize the impacts of haul operations. 3. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 5. If found necessary by the City of Newport Beach, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be • -10- COMMISSIONERS February 7, 1991 MINUTES A °� d t�0 y, �� A �0 CITY OF NEWPORT BEACH ROLT CALL INDEX damaged during excavation and construction of retaining structures and foundations. 6. Construction activities will be conducted in accordance with the Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 am. to 6:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. Hand excavation activities which involve the use of stone drills, jack hammers, or other similar tools which produce grinding, pounding or other similar loud and pulsating sounds shall be limited to the hours of 8:00 am. to 4:00 p.m., Monday through Saturday. 7. A dust control program in compliance with South Coast Air . Quality Management District Rule 403 shall be implemented during excavation and construction. This program shall include such measures as: containing soil on- site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. A. General Plan Amendment No. 90- IW(Public Hearing) rtem No:3 Request to consider an amendment to the Land Use Element of GPA 90 -1A the General Plan to establish a dwelling unit limit consistent with (Res.1248) . existing development for the residential areas on Domingo Drive A723 and Amigos Way in the Eastbluff area of Newport Beach. Approved INITIATED BY: The City of Newport Beach AND • -11- COMMISSIONERS 'd d d February 7, 1991 MINUTES CITY OF NEWPORT BEACH RCLr CALL INDEX B. Amendment No. 723 (Public Hearing) Request to consider an amendment to Districting Map No. 39 so as to reclassify Lots 1 through 19 of Tract No. 5425 from the R -3 -B (P.R.D.) District to the MFR District and establish dwelling unit limits for each lot. INITIATED BY: The City of Newport Beach LOCATION: Lots 1 through 19, Tract No. 5425, involving all of the lots southerly of Domingo Drive and which front on Domingo Drive and Amigos Way, in the Eastbluff residential area. ZONE: R -3 -11 (P.R.D.) The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion * Motion was made and voted on to recommend to the City Council, Ayes * * * * General Plan Amendment No. 90 -1(A) (Resolution No. 1248), and Absent Amendment No. 723. MOTION CARRIED. x x x Use Permit No. 2018 (Amgnded)(Continued Public Hearing) Item No.4 Request to amend a previously approved Use Permit which UP2018A permitted the installation of three off -site directional signs on three sites, all of which are located on property in the Unclassified Approved District. The proposed amendment involves a request to permit revised copy on the existing signs located at the southwesterly corner of Jamboree Road and MacArthur Boulevard (3666 Jamboree Road); the northwesterly side of Jamboree Road, between San Joaquin Hills Road and Ford Road (1851 Jamboree Road); and on the northerly side of East Coast Highway, westerly of Jamboree Road (980 East Coast Highway). The proposal also includes a request to permit a larger and taller sign than permitted • -12- COMMISSIONERS February 7, 1991MINUTES W1 CITY OF NEWPORT BEACH ROLL CALL INDEX at the southwesterly comer of Jamboree Road and MacArthur Boulevard, and a request to extend the period of approval for Use Permit No. 2018. LOCATION: Properties located at the southwesterly comer of Jamboree Road and MacArthur Boulevard; the northwesterly side of Jamboree Road, approximately 1,500 feet southwesterly of Ford Road; and the northwesterly comer of East Coast Highway and Jamboree Road. ZONE: Unclassified APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant AND Use Permit No. 3176 Amendm n ontin Public H Item No .5 Request to amend a previously approved Use Permit which UP3176A permitted the installation of an off -site, directional sign on property located in the Unclassified District. The proposed amendment Approved involves a request to install revised copy on the existing off -site, directional sign located at the southeasterly comer of Jamboree oad and Bristol Street. The proposal also includes a request to ermit a larger and taller sign than permitted, and a request to xtend the period of approval for Use Permit No. 3176. CATION: A portion of Lot 146, Block 51, Irvine's Subdivision, located at 3501 Jamboree Road, on the southeasterly corner of Jamboree Road and Bristol Street, northerly of the North Ford /San Diego Creek Planned Community. ONE: Unclassified PLICANT: The Irvine Company, Newport Beach • -13- COMMISSIONERS February 7, 1991MINUTES \�\� A �`� .� CITY OF NEWPORT BEACH ROLL CALL INDEX OWNER: Same as applicant AND Exception Permit No. 9 (Amended)(Continued Discussion) item No.6 Request to amend a previously approved Exception Permit which EP No. 9A permitted the installation of a temporary, off -site directional sign and a modification of an existing off -site, temporary directional sign Approved on property located in the P -C District. The proposed amendment involves a request to install revised copy on the existing off -site, directional sign located at the northeasterly comer of East Coast Highway and MacArthur Boulevard. The approved sign located at the northeasterly comer of East Coast Highway and Jamboree Road has been deleted. The proposal also includes a request to extend the period of approval of Exception Permit No. 9. LOCATION: Property located at 2500 East Coast Highway, on the northeasterly comer of East Coast Highway and MacArthur Boulevard, in Corona del Mar. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant The Planning Commission addressed Items No. 4, 5, and 6 simultaneously inasmuch as the three items concern off -site directional signs of The Irvine Company on various sites. mmissioner Pers6n emphatically addressed his concern that The xvine Company did not submit a comprehensive sign program that vas requested at the August 23, 1990, Planning Commission eeting. fames Hewicker, Planning Director, stated that the foregoing equests were continued from the August 23, 1990, Planning Commission meeting to allow The Irvine Company and staff to • -14- COMMISSIONERS February 7, 1991MINUTES `° W A CITY OF NEWPORT BEACH ROLL CALL INDEX meet so as to recommend a sign program which would address the needs of The Irvine Company and other developers. He stated that subsequent to said Planning Commission meeting, representatives of The Irvine Company and staff have met, and the City Attorney's Office has indicated an interest to pursue an implementation of an extensive Sign Ordinance. Mr. Hewicker explained that staff informed The Irvine Company that a condition would be recommended that The Irvine Company would be required to make changes to their sign program to comply with the City's revised Sign Ordinance. In response to a question posed by Commissioner Pers6n, Mr. Hewicker explained that the comprehensive sign program that The Irvine Company submitted to staff is one that has been in existence for a number of years, and has been used throughout the County for other Irvine Company development sites. In response to questions posed by Chairman Debay, Robin Flory, Assistant City Attorney, explained that the City Attorney's Office • has proposed that the amended Sign Ordinance would be completed in March, 1991. Ms. Flory stated that the subject signs are off -site directional signs and the revised Sign Ordinance would not conflict with the action the Planning Commission would take during the subject public hearing. Ms. Flory explained that any reference to off -site directional signs with regard to project regional significance would conceivably be similar to the requirements of e revised Sign Ordinance. Mr. Hewicker addressed the subject items and the discretionary approval that is required within the Tanned Community and Unclassified Districts. n response to comments expressed by Commissioner Pers6n with espect to The Irvine Company not submitting a sign program, Mr. ewicker advised that the subject signs have been at the same ocations since 1981, and they do not conform with the iscretionary permits that were originally approved. Mr. Hewicker tated that The Irvine Company is willing to address the concerns at have been expressed by the Planning Commission and staff, d they would adhere to conditions that would be recommended o approve the subject requests. • -15- COMMISSIONERS February 7, 1991MINUTES dh 1W . CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a statement expressed by Chairman Debay regarding the four exhibits that staff recommended to the Planning Commission, Mr. Hewicker stated that Exhibit "D" most closely fits the recommendations of the staff, with a modification to Condition No. 2. He recommended "first lease" be added to Condition No. 2, Exhibit "D" on the basis that the panels would not necessarily have to single out "first sale" projects in residential development. Mr. Hewicker explained that once the project has been completely sold or leased, the applicable panel would need to be removed. Chairman Debay commented that The Irvine Company shall not be granted extra consideration that other developers are not given. Commissioner Glover and Mr. Hewicker reviewed the four exhibits that the staff prepared and attached to the staff reports. Commissioner Merrill suggested an Exhibit's" that would consider only directional signs for commercial projects of regional significance. Mr. Hewicker stated that staff did not consider an Exhibit "E" inasmuch as the original signs were to give direction to residential projects, and later panels were installed to give direction • to retail and office projects. In response to a question posed by Commissioner Merrill, Mr. Webb replied that the City has a policy in the public right -of -way to allow signs that only pertain to churches, hospitals, libraries, and other public facilities, so as not to clutter the sites with signs, and not distract drivers. Mr. Webb dicated that most of the existing signs are located on private roperty and away from the roadway. Commissioner Merrill ddressed the potential conflict between The Irvine Company and builder who would want to market a project on Company owned and. onmissioner Pers6n addressed Condition No. 2, Exhibit "D ", tating "That the signs shall only identify residential projects for the irst sale of residential units or lots in the City and identification of mmercial projects of regional significance located in the City (i.e. ashion Island, Newport Center)." wherein he suggested that commercial projects of regional significance' be clearly identified. e public hearing was opened in connection with this item, and Tom Redwitz, representing The Irvine Company, appeared fore the Planning Commission. Mr. Redwitz stated that The • -16- COMMISSIONERS February 7, 1991MINUTES O�ce� d� cn CITY OF NEWPORT BEACH ROLL CALL I JJJ I I INDEX Irvine Company's comprehensive sign program is used on a County- wide basis for all of the Company properties. He commented that the sign program was given to staff prior to the Planning Commission meeting. Mr. Redwitz further stated that the sign requests are consistent with the sign program; that the signs are appropriate in aiding efficient and safe direction; and that discussion needs to be continued with staff regarding a comprehensive sign program. He suggested that Exhibit 'D" be approved with the following modification to the aforementioned Condition No. 2: ".....:'for the first sale or'first lease' of residential units....:' as suggested by staff. Commissioner Glover and Mr. Hewicker discussed staffs suggestion to modify Condition No. 2, Exhibit "D" to add "first lease ". Mr. Hewicker stated that the conditions only pertain to The Irvine Company. In response to a question posed by Commissioner Glover, Mr. Redwitz replied that the off -site signs would be consistent in color. In response to questions posed by Commissioner Merrill, Mr. Redwitz replied that the signs would not give direction to Newport Coast. Mr. Hewicker advised that the signs only pertain to development within the City and The Irvine Company would not be allowed to advertise development outside of the City. Mr. Redwitz further replied that The Irvine Company would consider, on an individual basis, if a developer would be allowed to advertise on Company owned property if the builder did not participate in the Company's marketing program. n response to questions posed by Commissioner Persbn, Ms. Flory eplied that the City Attorney's Office would recommend an added ondition to prevent the subject signs from being nonconforming, d the condition would state that the signs would be in ompliance with any revised Sign Ordinance. Mr. Redwitz ndicated that a sign program has been in existence with The Irvine mpany for many years, and the sign program that was submitted o staff was revised approximately two years ago. In response to a question posed by Commissioner Edwards, Mr. edwitz concurred with the findings and conditions in Exbibit'D ", • -17- COMMISSIONERS February 7, 1991MINUTES q � CITY OF NEWPORT BEACH ROLL CALL INDEX including the foregoing suggested condition that The Irvine Company would comply with a future revision to the Sign Ordinance. Mr. Edward Wale, 420 Westminster Avenue, Wale Development Company, appeared before the Planning Commission. Mr. Wale requested that the Sign Ordinance be fair to all of the developers that build in the City and not just to The Irvine Company. There being no others desiring to appear, the public hearing was closed at this time. Motion Motion was made to table Use Permit No. 2018 (Amended), Use Permit No. 3176 (Amended) and Exception Permit No. 9 (Amended) until the City adopts a revision to the Sign Ordinance and The Irvine Company submits a comprehensive sign program. Commissioner Edwards considered a modification to Exhibit "D" • that would require the removal of signs that identify residential projects and to support signs that identify projects of regional significance, such as Newport Center. Commissioner Pers6n stated that The Irvine Company has a special interest in residential signs and the foregoing suggestion would be tantamount to denying the requests. Commissioner Di Sano considered staffs foregoing ecommended modified condition that would allow "residential projects for the first sale or first lease of residential units ", and he said that an added condition in Exhibit "D" stating that The Irvine Company would comply with the revised Sign Ordinance would be satisfactory. ommissioner Merrill stated that cities throughout the County have dopted a residential sign program that would allow, in the public 'ght -of -way, small directional signs which gives all developers an pportunity to market projects. He further advised that The Irvine ompany's sign program has not been officially adopted and pproved by the City. Commissioner Merrill stated that there is a need to market commercial projects. In response to a question posed by Commissioner Glover, Mr. ewicker replied that the property which Sign No. 2 of Use Permit 18- COMMISSIONERS February 7, 1991MINUTES O c� CITY OF NEWPORT BEACH ROLL CALL INDEX No. 2018 (Amended) is located (i.e: on the northwesterly side of Jamboree Road between San Joaquin Hills Road and Ford Road), was originally owned by The Irvine Company and has subsequently been dedicated to the City of Newport Beach; therefore, if the sign remains, The Irvine Company would be required to apply for an Encroachment Permit to the City Council. Commissioner Glover approved Exhibit "D" as modified; however, she indicated that it would not be appropriate to allow any of the subject signs on public property. Commissioner Merrill and staff discussed the Freeway Board Elevation diagram attached to the staff report. The panel located at Jamboree Road and MacArthur Boulevard advertises Fashion Island, Newport Center, Newport North, and Villa Point Apartments. In response to concerns expressed by Commissioner Pers6n regarding the proposed Sign Ordinance, Mr. Hewicker replied that the City Attorney's Office has indicated that there are many areas that need to be addressed in the revision to the Sign Ordinance in addition to what is currently being discussed by the Planning Commission. Substitute Substitute motion was made to approve Use Permit No. 2018 Motion (Amended), subject to the findings and conditions in Exhibit "D ", including modified Finding No. 4 and Condition No. 2 to add "or st lease ", add Condition No. 6 stating that The Irvine Company hall comply with any revisions to the Sign Ordinance, and add ndition No. 7, to Exhibit "D ", Use Permit No. 2018 (Amended) equesting that The Irvine Company be required to remove Sign o. 2 or apply for an Encroachment Permit to the City Council. W. Redwitz agreed to the foregoing modifications to Exhibit "D ". ubstitute motion was voted on to approve Use Permit No. 2018 Amended) subject to the findings and conditions in Exhibit W, Ayes * * * * odified Finding No. 4 and Condition No. 2, and added Conditions No 4o. 6 and No. 7. MOTION CARRIED. Absent • -19- COMMISSIONERS February 7, 1991MINUTES c ��s., a ��� �� .� CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the signs are compatible with surrounding land uses. 2. That the off -site signs will not have any significant environmental impact. 3. That the off -site signs do not adversely impact the neighboring residential uses. 4. That the proposed revised copy to include commercial projects of regional significance or for the first sale or first lease of residential units or lots, is necessary for informational as well as directional purposes. 5. That the approval of this use permit is necessary to protect a substantial property right and will not be contrary to the purpose of Chapter 20.06 of the Municipal Code (Sign • Ordinance), and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved elevations, except as noted below. 2. That the signs shall only identify residential projects for the first sale or first lease of residential units or lots in the City and identification of commercial projects of regional significance located in the City (i.e. Fashion Island, Newport Center). That the existing or proposed locations of the signs shall be reviewed and approved by the City Traffic Engineer for sight distance. •-20- COMMISSIONERS February 7, 1991 MINUTES o���n �''oyd � ��n� c�,Po q� q� W CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That Use Permit No. 2018 shall become null and void in conjunction with the approval of this application. 5. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the use which is the subject of this use permit, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 6. That the signs shall conform with any revisions to Chapter 20.06 of the Municipal Code (Sign Ordinance) that may later be adopted by the City. 7. That the applicant shall be required to apply for an Encroachment Permit to the City Council in conjunction with Sign No. 2, located on public property on the northwesterly side of Jamboree Road between San Joaquin • Hills Road and Ford Road. substitute Substitute motion was made and voted on to approve Use Permit Motion * No. 3176 (Amended) subject to the findings and conditions in Ayes No * * * * Exhibit "D ", including modified Finding No. 4 and Condition No. Absent 2, and added Condition No. 6. MOTION CARRIED. FINDINGS: 1. That the existing sign is compatible with surrounding land uses. 2. That the off -site sign will not have any significant environmental impact. That the off -site sign at the intersection of Jamboree Road and Bristol Street does not adversely impact the neighboring residential uses. • -21- COMMISSIONERS February 7, 1991MINUTES \OL\ A CITY OF NEWPORT .BEACH ROLL CALL INDEX 4. That the proposed revised copy to include commercial projects of regional significance or for the first sale or first lease of residential units or lots, is necessary for informational as well as directional purposes. 5. That the approval of this use permit is necessary to protect a substantial property right and will not be contrary to the purpose of Chapter 20.06 of the Municipal Code (Sign Ordinance), and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevation, except as noted below. • 2. That the sign shall only identify residential projects for the first sale or first lease of residential units or lots in the City and identification of commercial projects of regional significance located in the City (i.e. Fashion Island, Newport Center). 3. That the existing location of the sign shall be reviewed and approved by the City Traffic Engineer for sight distance. That Use Permit No. 3176 shall become null and void in conjunction with the approval of this application. 5. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the use which is the subject of this exception permit, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. • -22- COMMISSIONERS February 7,.1991MINUTES �0A �\� CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That the sign shall conform with any revisions to Chapter 20.06 of the Municipal Code (Sign Ordinance) that may later be adopted by the City. Substitute Substitute motion was made and voted on to approve Exception Motion Permit No. 9 (Amended) subject to the findings and conditions in Ayes * * * * * Exhibit "D ", including modified Finding No. 4 and Condition No. No * 2, and added Condition No. 6. MOTION CARRIED. Absent FINDINGS: 1. That the existing sign is compatible with surrounding land uses. 2. That the off -site sign will not have any significant environmental impact. • 3. That the off -site sign at the intersection of MacArthur Boulevard and East Coast Highway does not adversely impact the neighboring residential uses. 4. That the proposed revised copy to include commercial projects of regional significance or for the first sale or first lease of residential units or lots, is necessary for informational as well as directional purposes. 5. That the approval of this exception permit is necessary to protect a substantial property right and will not be contrary to the purpose of Chapter 20.06 of the Municipal Code (Sign Ordinance), and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. i -23- COMMISSIONERS February 7, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevation, except as noted below. 2. That the sign shall only identify residential projects for the first sale or first lease of residential units or lots in the City and identification of commercial projects of regional significance located in the City (i.e. Fashion Island, Newport Center). 3. That the existing location of the sign shall be reviewed and approved by the City Traffic Engineer for sight distance. 4. That Exception Permit No. 9 shall become null and void in conjunction with the approval of this application. 5. That the Planning Commission may add or modify conditions of approval to the exception permit, or recommend to the City Council the revocation of this exception permit, upon a determination that the use which is the subject of this exception permit, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 6. That the sign shall conform with any revisions to Chapter 20.06 of the Municipal Code (Sign Ordinance) that may later be adopted by the City. • _24_ COMMISSIONERS February 7, 1991MINUTES CITY OF NEWPORT BEACH ROLL CALL A 11111 INDEX Establishment of Grade (Discussion) Item No .7 . Establish Request to establish grade for the purpose of measuring building height in accordance with Section 20.87.200 of the Municipal Code Grade for an existing developed site on property located in the 24/28 Foot Height Limitation District. Approved LOCATION: Lot 28, Block A, Tract No. 653, located at 216 Poppy Avenue, on the southeasterly side of Poppy Avenue, between Seaview Avenue and Ocean Boulevard, in Corona del Mar. ZONE: R -1 APPLICANTS: Brian and Ann Bachman, Corona del Mar OWNERS: Same as applicants James Hewicker, Planning Director, addressed the provisions within the Municipal Code that make reference to grades that were unreasonable and grades that were established on or before the effective date in 1972, when an Ordinance was adopted to address the issue of building height. Mr. Hewicker stated that the subject lot was a part of the Corona del Mar Subdivision, and at one time the subject lot and the adjacent lot were under a single ownership consisting of two dwellings. He said that in 1962 there was a proposed variance on the property that involved a separation of the two properties and two separate ownerships, and a variance to build a new garage on the subject property and to remove some encroachments that extended across property lines. He explained that in 1972, the single family dwelling was constructed above the retaining wall, and the subterranean garage was also built at the same time. He explained that for the purpose of measuring grade today, the elevation of the garage floor would be used for measuring the height of the new building. Mr. Hewicker stated that after the proposed project went through Plan Check, the question came up as to where to measure grade as it pertains to the portion of the building over the existing garage. He indicated that if grade would be measured at garage level, it would be necessary to reduce one - quarter of the height of the building in order to meet the . -25- COMMISSIONERS February 7, 1991MINUTES '� y pow �� CITY OF NEWPORT BEACH ROLL CALL INDEX height limit. Mr. Hewicker stated that after reviewing the site and an early photograph of the property, it was noted that the subject property and adjoining lots were originally graded with an upper flat portion of the lots on Poppy Avenue with a steep slope down to Hazel Drive. He determined that because of the construction of the retaining wall, the grade was altered in 1962 or earlier. The Planning Commission recessed at 8:55 p.m. and reconvened at 9:07 p.m. The public hearing was opened in connection with this item, and Mr. Brion Jeannette, architect, appeared before the Planning Commission on behalf of the applicants. Mr. Jeannette circulated the original photograph of the property that was taken during the 1939s and he discussed the property line on Hazel Drive and the existing slope in relationship to the property line and the curb beyond. Mr. Jeannette stated that grade has been taken from the outside ground surface in previous projects that he has been involved with, and he stated that the Ordinances in the Municipal Code make reference to the surface outside of the building. Mr. Jeannette stated that it is the portion above the ground that should be considered to develop relationships and scale, and not to assume that the grade of the garage should be the determination of the height of the building. Mr. Jeannette addressed the permit and plan check process the applicants took through the City prior to the issue of establishing grade. Mr. Jeannette concurred with the staffs opinion in the staff report "that the original natural grade for the purpose of measuring building height is appropriate in this case and that to use the existing finished grade of the excavated garage is unreasonable and unworkable." Mr. Jeannette referred to e aforementioned photograph and he determined that the curb is 10 feet back from the property line and the former grade of the lope was above the top of the garage. Mr. Hewicker and Mr. Jeannette discussed the grading as determined by the original photograph. In response to a question posed by Chairman Debay, Mr. Jeannette oncurred with the findings and conditions in Exhibit "A ". • -26 COMMISSIONERS February 7, 1991MINUTES dh q�� CITY OF NEWPORT BEACH ROLL CALL INDEX Mrs. Ann Bachman, applicant, appeared before the Planning Commission, and she referred to the letter that Mr. Bachman mailed to the Planning Commission on January 30, 1991, and letters from adjacent residents to the Planning Commission in support of the project. Mrs. Bachman requested the Planning Commission's approval of the request. There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Commissioner Glover regarding Exhibit "B ", (establishment of grade using the original natural grade across the full width of the site) Mr. Hewicker explained from the plans on display that it appeared that the original elevations submitted by Mr. Jeannette may not have been consistent with the original grade. He further replied that he had no reason to dispute Mr. Jeannette's interpretation of natural grade on the revised elevations submitted by the architect. Commissioner Merrill and Mr. Hewicker discussed the proposed height of the project. Motion * Motion was made and voted on to approve Establishment of Grade Ayes * * * subject to the findings and conditions in Exhibit "A" (As proposed Absent * by applicants). MOTION CARRIED. Fin in : 1. That the original natural grade of the subject property has been substantially altered in conjunction with the existing on -site development and that the existing finished grade within the excavated garage area, is inappropriate and . unworkable for the measurement of building height associated with the proposed project. 2. That the grade line proposed by the applicants is more reasonable and workable inasmuch as said grade will result in a uniform building envelope across the full buildable width of the property. • -27- COMMISSIONERS February 7, 1991MINUTES cn�0 G 1 \ CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the establishment of grade as proposed by the applicants is consistent with the intent of Chapter 20.02 of the Municipal Code. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within proposed development. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor and roof plans, elevations and sections. 2. That the future development of the subject property shall be in conformance with the provisions of the 24/28 Foot Height Limitation District as measured from the approved grade line established by the Planning Commission in • conjunction with this approval. Amendment No. 726 (Public Hearin¢) item Mo.6 Request to amend Title 20 of the Newport Beach Municipal Code A726 . so as to allow tenant improvements involving up to one hundred percent of the existing floor area of nonconforming commercial and (Res.1249) industrial buildings without discretionary action. Approved INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. Motion * Motion was made and voted on to adopt Resolution No. 1249, Ayes * * * * * * recommending to the City Council the adoption of Amendment No. Absent * 726. MOTION CARRIED. • -28- COMMISSIONERS February 7, 1991MINUTES , WCITY • OF NEWPORT BEACH ROLL CALL INDEX Discussion Item: Discussion Item General Plan Amendment No. 91 -1 No. 1 Request to consider the initiation of the following General Plan GPA 91 -1 Amendments: A, B, C Initiated A. 300 Carnation Avenue: Request of William E. Boehringer to amend the Land Use Element of the General .Plan to increase the allowed density from one unit for each 2,178 sq.ft. to one unit for each 2,108 sq.ft. of buildable lot area in the Carnation Avenue area of Corona del Mar. B. Growth Management Element: Proposal of the City of Newport Beach to prepare and adopt a Growth Management Element as required by the provisions of • Measure M. C. Newport Beach Central Library: Proposal of the City of Newport Beach to amend the Land Use Element of the General Plan to increase the allowed development on the new library site in Newport Village from 50,000 sq.ft. to 52,000 sq.ft. Inasmuch as General Plan Amendment No. 91 -1 (D) was not included in the original staff report, and the item was added in a supplemental staff report, a motion was made to add the.item to General Plan Amendment No. 91 -1. Mr. Hewicker stated that the motion * Newport Heights Community Association was notified the item was GPA 91 -1D Ayes * to be considered by the Planning Commission as a Discussion Item. Absent * Motion was voted on, MOTION CARRIED. D. West Newport Heights: Proposal of the City of Newport Beach to amend the Land Use Element to make technical corrections to the permitted dwelling unit number so as to provide for three lots inaccurately projected as commercial, and to allow for three units on the site located i -29- COMMISSIONERS �d dd' dcr+ �'s',� d�.G AS CITY OF NEWPORT February 7, 1991MINUTES BEACH ROLL CALL INDEX at 420 Westminster Avenue which currently is developed with six dwelling units. INITIATED BY: The City of Newport Beach Motion Motion was made and voted on to initiate General Plan Ayes * * * * * * Amendment No. 91 -1 B. (Growth Management Element); 91 -1 C. Absent * (Newport Beach Central Library); and 91 -1 D. (West Newport Heights). MOTION CARRIED. Mr. Hewicker addressed the lot configuration of 300 Carnation Avenue, and he said it is staffs opinion that a General Plan Amendment is necessary to construct two dwelling units on the site. Mr. Hewicker explained that if it would be determined after reviewing the plans that a General Plan Amendment would not be required to construct two dwelling units on the property, staff would recommend to the City Council that 91 -1 A. not be initiated. n * * * k Motion was made and voted on to initiate General Plan Amendment No. 91 -1 A (300 Carnation Avenue). MOTION Absent CARRIED. : s r ADDITIONAL BUSINESS: Additional Business Motion k Motion was made and voted on to cancel the Planning Commission Ayes _ * meeting of March 21, 1991, inasmuch as a majority of the Absent Commissioners will be attending the Planning Commission Institute in Monterey. MOTION CARRIED. ADJOUANMENT: 9:35 p.m. Adjournmen THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION . -30-