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HomeMy WebLinkAbout02/08/1979COMMISSIONERS ROLL CALL Present • 0 MINUTES City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30 P.M. Date- FPhruary R_ 1Q7Q X x X X X x X i i EX- OFFICIO MEMBERS R. V. Hogan, Commui Hugh Coffin, Assis Bill Dye, Public Wi STAFF MEMBERS James D. Hewicker, David Dmohowski, A Fred Talarico, Env Glenna Gipe, Secre Approval of the mii 18, 1979 was postpi Request to constru beverages within 0- Planned Community. extend an inenclosi 30 foot landscaped Location: Pari No. the and Zone: P -C Applicant: Far Owner: Kol' Public hearing was Buck Bruce of Far I before the Plannini have to encroach the Staff Report. would provide one I public area ", whict posed use. city Development Director :ant City Attorney irks Engineer Assistant Director - Planning Ivance Planning Administrator ronmental Coordinator :a ry wtes of the regular meeting of January ned to the meeting of February 22, 1979. :t a restaurant with on -sale alcoholic Tice Site G of the Koll Center Newport A Modification is also requested to A roofed entry 10 feet,.into the required setback on Jamboree Road. :el No. 3, Parcel Map 108 -27 (Resubdivision 557), located at 5180 Birch Street, on southwesterly corner of Birch Street Jamboree Road. West Services, Inc., Irvine Center Newport,-Newport Beach opened in connection with this item and lest Services, Inc., Irvine, appeared I Commission and advised that they would no upon the 30' setback, as mentioned in He then stated that Far West Services, Inc arking space for each 43 sq. ft. of "net they felt would be adequate for the pro- -I- INDEX Item #1 APPROVED MMM- 7113AALLY COMMISSIONERS MINUTES City of Newport Beach February 8, 1979 -ROLL CALL INDEX There being no others desiring to appear and be heard on thi item, the public hearing was closed. Motion x Motion was made that Planning Commission make the following All Ayes findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with sur- rounding land uses. 2. The project will not have any significant environmental impact. 3. Adequate offstreet parking spaces will be provided for the proposed restaurant development. 4. The Police Department has indicated that they do not contemplate any problems. 5. That the proposed unenclosed roofed entry that en- croaches 10 feet into the required 30 foot wide land- scaped setback along Jamboree Road will, 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 and be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the pro- posed modification is not consistent with the legislat- ive intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1896 will not, under the circumstances of this 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. and approve Use Permit No. 1896, subject to the following conditions: 1. That development shall be in substantial.conformance with the approved plot plan, floor and basement plans, and elevations, except as noted in Condition of Ap- proval Nos. 2 and 3. _2_ COMMISSIONERS City of Newport .Beach •_ �g9! February 8, 1979 ROLL CALL 2. That the proposed structure and related unenclosed; i roofed entry shall comply with all setback require ments as set forth in the Planned Community Develop- ment Standards. 3. That a minimum of one parking space for each 40 sq' i of "net public area" shall be provided on the subject property for the proposed restaurant facility. 4. That all exterior lighting shall be approved by the Department of Community Development. 5. That all mechanical equipment and storage and trash areas shall be shielded from view within a building or within an area enclosed by a wall or fence. 6. That a washout 'area for trash containers shall be, rc vided in such a way as to allow direct drainage in o sewer system and not into the storm drains. :(Note: Agenda Item #2 was completed, following which Mr. Buck Bruce of.Far West Services, Inc., appeared before; :the Planning Commission to request that the public hear. - ing for Agenda Item. #1 be re- opened due to a misunder -. :standing regarding his request.) i Motion x Motion was made that the public hearing for Agenda Item #1 Ayes x x x x x x be re- opened. Noes x' Mr. Bruce again appeared before the Planning Commission tc request a modification of Condition of Approval No. 3 as set forth in the Staff Report to allow one park - itnq space for each 43 sq..ft. of "net public area" , 'rather than one space for each.40 sq. ft. Commissioner Beek expressed his concern as to whether one parking space for each 43 sq. ft. of "net public area" . would be adequate parking. Richard Hogan, Director of Community Development, stated that historical evidence verifies that Far West Services, I.Inc:, utilizes all required parking, in response to which Commissioner Beek.stated that he felt that the Planning :Commission should support this historical evidence. i pat Allen, Architect, Koll Center Newport, appeared before he Planning Commission and advised that the site under 'di - cussion is not an isolated site, but has surrounding offic • !facilities and substantial available adjacent parking. . i -3- MINUTES t.. s- e INDEX COMMISSIONERS � V�s'F ,9m �•P �, �P O�Q`,p Cy qy City of Newport Beach February 8, 1979 ROLL CALL Richard Hogan, Director of Community Development, responde in kind that presently no towing takes place in the adjoir ing parking lots. He stated that all restaurants in the cinity have parking difficulties, but that adequate overfl parking is available in the Courthouse parking lot. Buck Bruce again addressed the Planning Commission with tt comment that with the absence of reciprocal parking at the sister restaurant in Mission Viejo, parking was neverthele adequate, and he felt that with reciprocal parking availat for the site presently in question, he anticipated no part ing problems. There being no others desiring to appear and be heard on t item, the public hearing was closed. Motion x Motion was made that Planning Commission make the followir Ayes x x x x x findings: Noes x x 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with SL rounding land uses. v 2. The project will not have any significant environment impact. 3. Adequate offstreet parking spaces will be provided fc the proposed restaurant development. 4. The Police Department has indicated that they do not contemplate any problems. 5. That the proposed unenclosed roofed entry that en- croaches 10 feet into the required 30 foot wide land - scaped setback along Jamboree Road will, 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 neighbc hood of such proposed use or be detrimental or in- jurious to property and improvements in the neighbor- hood or the general welfare of the City, and further that the proposed modification is not consistent witt the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1896 will not, under t circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general -4- MINUTE§ • INDEX d i- ow e ss le hi 9 r- al • r r- he COMMISSIONERS F yes} v� O�4 1P �P City of Newport Beach February 8, 1979 ROIL, CALL i welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighbor - hood or the general welfare of the City. and approve Use Permit No. 1896, subject to the followinj conditions: i 1. That development shall be in substantial confor- mance with the approved plot plan, floor and basement plans, and elevations, except as noted in Condition of Approval Nos. 2 and 3. 2. That the proposed structure and related unenclosed roofed entry shall comply with all setback re- quirements as set forth in the Planned Community Development Standards. 3. That a minimum of one parking space for each 43 sq. ft. of "net public area shall be provided on the subject property for the proposed restaurant facility. 4. That all exterior lighting shall be approved by the Department of Community Development. 5. That all mechanical equipment and storage and trash areas shall be shielded from view within a building or within an area enclosed by a wall or fence. 6. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. I i -5- MINUTES INDEX COMMISSIONERS p t 'L City of Newport Beach February 8, 1979 ROLL CALL Request to permit the construction of a two- story single family dwelling (and related third floor open deck) in the C -1 District. Said dwelling unit will be located on the same lot as an existing muffler shop. A Modi- fication to The Zoning Code is also requested, since the proposed development encroaches to the rear property line and to the side property line along Orange Avenue (where the Ordinance requires 5 foot yard setbacks). Location: Lot 8, Block 6, Tract No. 27, located at 496 North Newport Boulevard, on the southeasterly corner of North Newport Boulevard and Orange Avenue, adjacent to Newport Heights. Zone: C -1 Applicant: Morris Desatoff,.Newport Beach Owner: James L. Crockett, Newport Beach Public hearing was opened in connection with this item and Morris Desatoff of Newport Beach appeared before the Planning Commission to concur with the findings and conditions as set forth in the Staff Report. Bill Dye, Public Works Engineer, reiterated Condi- tion No. 6, stating.that the remaining public im- provements (including pavement, curb and gutter, and sidewalk) be constructed along the Orange Avenue and North Newport Boulevard frontages. This, he stated, will require that the existing culvert in- let be modified and a curb inlet provided. The funding of any drainage facilities needed shall be the City's responsibility. There being no others desiring to appear and be heard on this item, the public hearing was closed. -6- MINUTES 0 INDEX 0 • COMMISSIONERS City of Newport Beach �p�Wp C February 8, 1979 ROLL CALL Motion Y - Motion was made that Planning Commission make the followin All Ayes findings: ). That the proposed use is consistent with the Land.Use Element of the General Plan and is compatible with su rounding land uses. 2. The project will not have any significant environment impact. 3. The proposed development meets or exceeds most of the development standards of the C- R.District (i.e., buil ing height, parking spaces, buildable area, etc.). 4. The Police Department has indicated that they do not contemplate any problems. 5. That the proposed side and rear yeard encroachments w not, under the circumstances of the particular case, detrimental to the health, safety, peace, comfort anc 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.neic furjtt borhood or the general welfare of the City, and that the proposed modification is consistent with e legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1895 will not, under i circumstances of this case, be detrimental to the hei safety, peace, morals, comfort and general welfare!oi persons residing and working in the neighborhood or t detrimental or injurious to property and improveme tr in the neighborhood or the general welfare of the q.il and approve Use Permit No. 1895, subject to the following conditions: .1. That development shall be in substantial conformance with the approved plot plan; floor plans, and eleva- tions, except as noted below. 2. That all provisions of the Uniform Building Code s{ja' be met, including the construction of two stairway$ to the proposed third level roof deck. i3. That a landscape plan for landscape planters with rhi mum widths of 3 feet along the two street frontages -7- MINUTES it illlbe h- er he It e Y. ri- If INDEX COMMISSIONERS vpF pO ? 7T'o City of Newport Beach February 8, 1979 ROLL CALL the site shall be submitted to and approved by.the Director of Parks, Beaches.and Recreation. Said landscaping shall be implemented in accordance with the approved plan, and the landscaping shall be per- manently maintained. 4. That all public improvements be constructed as require by ordinance and the Public Works Department. 5. That the proposed dwelling be provided with individua' connections to the public water and sewer facilities. 6. That the remaining public improvements (including paw ment, curb and gutter, and sidewalk) be constructed along the Orange Avenue and North Newport Boulevard frontages. This will require that the existing culve inlet be modified and a curb inlet provided. The fun ing of any drainage facilities needed shall be the City's responsibility. 7. That the street and drainage improvements be shown on standard improvement plans prepared by a licensed civ engineer. 8. That the research and the engineering needed to resol the grading, drainage, vehicular access and street improvement problems associated with this development be the responsibility of the developer. 9. That a 10 -foot radius corner cutoff at the corner of Orange Avenue and North Newport Boulevard be dedicate, to the public, and that the existing.sign and pole be relocated onto private property. 10. That only two driveway approaches (one for the propos dwelling and one for the existing building) be per- mitted on the Orange Avenue frontage. The location a width shall be reviewed and approved by the Public Works Department. 11. That only one driveway approach at a location and of width approved by the Public Works Department be per- mitted on North Newport Boulevard. 12. That the parking space on North Newport Boulevard be deleted. _g. MINUTES • INDEX !d •t I ' ie ?d id I • COMMISSIONERS i ROLL CALL City of Newport Beach February 8, 1979 � MINUTES INDEX further the c Works panying build - nts are esiden- Item #3 of an g Code USE PERMIT or of 13. That the proposed on -site parking be subject to r pro - ear APPROVED also CO DI- .. re- review by the Public Works Department, and that f an: park - of on -site parking layout be approved by the Publi sidle of evard re. Department. 14. That a standard use permit agreement with accom surety be provided if it is desired to obtain a ing permit before the required public improveme completed. Request to permit the construction of a commercial-r tial complex in the C -1 District, and the acceptance Environmental Document. A Modification to the Zonin is also requested, since a portion of the second.flc the structure encroaches to within 7 feet of the rea perty line (where the Ordinance requires a 10 foot r yard). A portion of the required parking spaces are tandem spaces (where the Ordinance provides that all 4uired parking spaces shall be accessible and usable Furthermore, the proposal also includes the paying c annual fee to the City for a portion of the requirec ing spaces in a nearby Municipal parking lot in lief providing said parking spaces on -site. Location: Lot 13, Block 21, Newport Beach, loci 114 22nd,Street, on the southeasterl3 22nd Street, between West Balboa Bout and West Ocean Front in McFadden Squ� Zone: C -1 .r— Applicant: Vic Sherreitt, Balboa Island Owner: John W. Kl:ug, Newport Beach Public hearing was opened in connection with this i Vic Sherreitt, Applicant, appeared before the Plann Commission and introduced the architect of the above ed proposed commercial- residential complex, Mr. Bric hette. Mr. Brion Jeannette then appeared before the Planni I ission and advised that they have utilized two ite tecturally for justifying the minor encroachments i -9- � MINUTES INDEX further the c Works panying build - nts are esiden- Item #3 of an g Code USE PERMIT or of NO. 10 r pro - ear APPROVED also CO DI- .. re- I ONLY f an: park - of ted at sidle of evard re. :em and ing a- megtio n. Jgan- rg Com- ns archi -.. ito the COMMISSIONERS o 'L •y City of Newport Beach February 8, 1979 ROLL CALL front and rear yard: 1. The use of setting back the second floor, and; 2. Utilization of the deck for view and for relief from the street on the front side and on the rear side, and; Mr. Jeannette added that the minor encroachments they are requesting are: 1. That a portion of the front living room encroach within a 10' envelope counterbalanced by the dini room, which is 13' beyond the required setback, a 2. To the rear, a deck encroachment 3' -3'h' into the rear yard setback (at the second floor only), for creating a screen, to act as a visual barrier fro within the bedroom, and; 3. A request to pay an annual fee to the City for tw parking spaces in the adjacent Municipal lot in- lieu of providing said parking spaces. Mr. John Butler, representing the Central Newport Beach Co munity Association appeared before the Planning Commission to express his opposition to the granting of in -lieu fees, as he felt that they do not serve to solve the present par ing problems. Mr. Tappin of Corona del Mar then appeared before the Plan ning Commission on behalf of Steve Kalatschan, owner of thi "Original Pizza ". Mr. Tappin brought.three considerations to the attention of the Planning Commission:. 1. On the second floor there are six apartment units three of which face directly to the proposed pro- ject. 2. On the west there are two bedrooms which face dir ectly to the proposed project. 3. There are two opposing windows; a. one is in the communal bathroom which serves the second floor apartment units -10- MINUTES ng nd; m- k- , • INDEX • • COMMISSIONERS MINUTES City of Newport Beach F yes} v� Off? -fd`Lp i •— �* 1 February 8, 1979 ROLL CALL b. and the second one is in the kitchen of a third apartment unit. Mr. Tappin then reiterated that the architect's design dic Cates that a block wall above and adjacent to the windows on this "0" property line be erected, and that by this de- sign, the sea breeze and lighting to these four rooms woul be severely inhibited. Mr. Tappin.expressed his concern ever the future rentability of the above- mentioned apar.t- rhents . Mr. Tappin then requested of the Planning Commission a del is to the decision of the proposed project pending an exar nation by the City Staff, the.applicant and the applicant' architect of the above - mentioned considerations. Mr. Tapi further suggested that a new design be developed that wou' 1. Implement a 3' setback along the common propert; line. 2. Leave a 3' separation along the second floor pbi tion of the common property line. •` 3. Introduce a 3' alcove setback into the new prgji which would correspond with the alcove on Mr. Kalatschan's property. In response to a question from the Planning Commission re garding a similar request historically, James D. Hewicker Assistant Director - Planning, related the instance of the i proval by the Planning Commission of Dr. Ackerman's Site Plan Review, in which case the Commission did not require an additional setback. response to a second question of Mr. Tappin by the .ln Planning Commission, Mr. Tappin replied that he spoke With Mr. Tod Schooler, the project architect, at Mr. Jeannette's office, expressing Mr. Kalatschan's views and desiring an exploration of possible alternative solu- tions. Mr. Carl Ackerman, a neighbor, then appeared before the Planning Commission to state that he supported the projec subject to granting the in -lieu parking fees. He felt th the project was a credit to the area and added to the gen 'eral aesthetic value. v -11- INDEX d ay ii - s ,in d• pct t, it COMMISSIONERS i City of Newport Beach February 8, 1979 ROIL CALL Mrs. Margaret Forgit then approached the Planning Commiss to relate her opposition to the project due to her grave concern with the inherent parking difficulties. Motion x Motion was made that the Planning Commission make the.fol- lowing findings: 1. That the proposed use is consistent with the Land Us Element of the General Plan and is compatible with s rounding land uses. 2. The project will not have any significant environmen impact. 3. The proposed development, with the proposed revision recommended by staff, meets or exceeds most of the d velopment standards of the C -R District (i.e., build height, parking spaces, buildable area, etc). 4. That the establishment of tandem parking spaces and second floor encroachments into the required front a rear yards will not, under the circumstances of the particular case, be detrimental to the health, safety peace,.comfort, and general welfare of persons resid or working in the neighborhood of such proposed use be detrimental or injurious to property and improvem e in the neighborhood or the general welfare of the Ci and further that the proposed modification is consist with the legislative intent of Title 20 of this Code. 5. The approval of Use Permit No. 1897 will not, under circumstances of this case, be detrimental to the health, safety, peace, comfort, morals and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property a improvements in the neighborhood or the general wel- fare of the City. and approve Use Permit No. 1897, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevati except as noted in Condition of Approval Nos. 2 and c 2. That a maximum of 500 sq. ft. of commercial space sha be permitted on the property in question. -12- MINUTES • INDEX ion e ur- tal s e- ing the an in. . g or tit ty en the I an I 11 COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL 3. That the residential portion of the structure shall.b redesigned to meet the requirements of the Uniform Building Code and that the depth of the roof be re- duced to provide more light to the adjoining property 4. That one tandem parking space and the accessible park space in front of said tandem parking space shall b reserved for the proposed residential unit at all t a The residential parking spaces may be enclosed by w8l and an operating garage door if requested by the app plicant. 5. That all 4 offstreet parking spaces shall only be uti ized for vehicular storage. 6. That all mechanical equipment and trash areas shall C screened from public streets, alleys, or adjoining properties. 7. That the proposed structure shall not exceed a build - ing height of 26 feet, based upon an approved amender grade of a flat plane between the existing sidewalk. on 22nd Street and the alley to the rear of the site. A general discussion was conducted by the Planning Com- mission regarding the parking situation in McFadden Square a desire for full development and in -lieu parking fees, after which point Mr. Sherreitt again appeared before the Planning Commission. He concurred that additional storage was necessary to provide for a reasonable retail endeavor, and he requested that Condition No. 3 be modified to perm! additional commercial space. Motion x An amended motion was.made to allow full commercial develc Ment, as requested by the applicant, with the provision tt the applicant would not be required to pay in -lieu fees at the present time, but that he would participate in an in -' parking fund or program at a future date. The Planning Commission again discussed the problems of ii lieu parking and the non - specific commitment to which the applicant would be obligated.. Pommissioner Agee then modified the amended motion to ek- clude the provision which would permit the full commerciia' Oevelopment as proposed. �V -13- MINUTES e in es is 1- e t pp- iat ieu I -. INDEX COMMISSIONERS 6` 7� f• Y� Q�p Q� . City of Newport .Beach February 8, 1979 ROLL CALL There being no others desiring to appear and be heard on this item, the public hearing was closed. Commissioner Beek then expressed his opposition to project which do not provide parking on site and to in -lieu parkin fees. Ayes z . x x The amended motion, as modified by Commissioner Agee, was Noes x x x x then voted on, which motion failed. Motion x The original motion was then voted on, which motion carrie Ayes x X x x x x Noes x Request to consider an amendment to the Civic Plaza Planne Community Development Plan to require the preparation of a traffic phasing plan and possible reduction in allowable intensity of development and the acceptance of an Environ- mental Document. Location: Property bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive, and Santa Barbara Drive in Newport Center. Zone: P -C Initiated By: The City of Newport Beach Owner: The Irvine Company Public hearing was opened in connection with this item anc Mr. Henrickson of The Irvine Company appeared before the Planning. Commission to inform them that he would like to recommend acceptance of the staff - suggested action relati to Item a), i.e., the reduction of 85,294 sq. ft. in the total office development in accordance with the General P Amendment 78 -2. Mr. Henrickson also related that they ar willing to forego the second option set forth in Item a) the Staff Report. Motion Motion was made that the Planning Commission accept the Negative Declaration and adopt Resolution No. 1032 recom- mending to the Ci.ty Council that Amendment No. 527 for th Civic Plaza Planned Community District be approved as fol- lows: -14- MINUTES 0 INDEX d. d Item #4 AMENDMENT NO. 527 • ng lan e of RESOLU- TION NO. e 1032 COMMISSIONERS l7�0 �O o p MINUTES City of Newport Beach February 8, 1979 ROIL CALL . a) Reduce allowable development for Office Park by 85,294 sq. ft., and Civic Cultural by .16,000 sq. ft., consistent with General Plan Amendment 78 -2. b) Require the preparation of a traffic phasing pla for any development in excess of 30% of the add ditional allowable development. c) Revise the site plan map to be consistent with t recommended change in allowable development. Motion x Amended motion was made that the Planning Commission accer Ayes x the Negative Declaration and adopt Resolution No. 1032 re- Noes x x x x x x commending to the City Council that Amendment No. 527 for the Civic Plaza Planned Community District be approved as follows: a) Reduce allowable development for Office Park by 85,294 square feet, and Civic Cultural by 16,00( square feet consistent with General Plan Amend - ment 78 -2. b) Require the preparation of a traffic phasing ple for any development in excess of O% of the ad- ditional allowable development. c) Revise the site plan map.to be consistent with i recommended change in allowable development. All Ayes The original motion was then voted on, which.motion carrie Planning Commission recessed at 9:00 p.m. and reconvened i 9:10 P.M. Request for the approval of a Phasing Plan for remaininglc velopment in the Newport Place Planned Community. (Con - tinned Discussion). Location: Property bounded by MacArthur Boulevard,iBl tol Street North, and Birch Street, in New. port Place. i Applicant:- Emkay Development and Realty Company, Newpl • Beach -15- INDEX n. he t n' he d. t le- Item A PHASING PLAN, -is NEWPORT PLACE 1sCWED COWUNITY in APPROVED TrWLLY COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL The public hearing was opened in connection with this item, and Kevin Hansen, representing the Emkay Development and Realty Company of Newport Beach approached the Planning Corr mission to relay statements of the history.of this plan and to reiterate the contents of the Staff Reports relating to this plan. He also stated that he concurred with the find- ings and conditions as set forth in the Staff Report. There being no others desiring to appear and be heard on tt item, the public hearing was closed. Commissioner Beek expressed his concern.that contrary to tl intent of the Traffic Phasing Report, he did not feel that said report assures the City that the continuation of the development is not going to have an adverse effect on the City's circulation system. Motion x Motion was made that Planning Commission make the followim Ayes x x x x x x findings: Noes x 1. That the Phasing Plan is consistent with the Circula- tion Element of the Newport Beach General Plan. v 2. That adequate traffic facilities will be available to handle that traffic.generated by the project at the . time of occupancy.of the buildings involved. and approve the Phasing Plan for the remaining development the Newport Place Planned Community, subject to the follow conditions: 1. Occupancy of the floor space considered for construct in 1979 shall not occur until a third lane is develop on MacArthur Boulevard in each direction at the Campu Drive.intersection and the Corona del Mar Freeway con nection is made to the west and the San Diego Freeway 2. The occupancy of buildings shall not occur until the MacArthur /Ford improvements are completed. 3. The opening of the Von Kaman overcrossing and the ad dition of a northbound lane on Jamboree Boulevard by the City of Irvine shall be accomplished prior to oc- cupancy of any buildings. 4. Future development in the Emkay- Newport Place Plannec Community shall occur in accordance with the phasing plan. -16- MINUTES its ie in ing ion ed 0 INDEX u n LJ COMMISSIONERS 11 ROLL CALL `. MINUTES City of Newport Beach February 8, 1979 5. Prior to the issuance of any building permits in the expansion space of 190,200 sq. ft. of building area, in.any amount greater than 30% of the remaining space to be developed on each parcel, a separate traffic, analysis shall be accomplished. 6. Prior to the issuance of any building permits, the ap- plicant shall indicate in writing to the Department of Community Development that he understands and agrees to conditions 1, 2 and 3 above and that the improvements indicated above shall be as defined in the R. Crommelin & Associates report and as approved by the Public Works Department. ;Request to permit the installation of two permanent, com- munity identification signs for the Newport Place Planned ;Community. ;Location: Parcel 2 of Parcel Map 63 -27 (Resubdivisiion No. 458) and Parcel.1 of Parcel Map 57 -12 (Resubdivision No. 386) located at 4099 and 4101 MacArthur Boulevard, on the.northwesterl) and southwesterly corners of MacArthur Bbule vard and Newport Place Drive in Newport:Place, Zone: P -C :Applicant: Emkay Development & Realty Company, Newdort Beach I ;Owner: Daon Corporation, Newport Beach James Hewicker, Assistant Director - Planning, commented.re- garding an amendment to the Staff Report stating that Public Works has withdrawn its opposition to the 5' setback from the right -of =way and he stated that it was the Staff's recom- mendation.that Condition No. 2 of the Staff Report be delete( and that regarding Condition No. 1, the words "...excedt as noted in Condition No. 2." be deleted. Public hearing was opened in connection with this item{ and Kevin Hansen, representing the Emkay Development and Realty Company of Newport Beach appeared before the Planning Com- mission to relate that he was in compliance with the find- ings and conditions as revised by Staff. There being no others desiring to appear and be heard on thi! item, the public hearing was closed. -17- INDEX Item #6 USE PERMIT F167199- APPROVED CONDI TIONALLY COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL Commissioner Beek then responded that he felt the signs under discussion would not be a benefit to the community, but unnecessary and confusing additional information. Motion x Motion was made that Planning Commission make the followin Ayes x x x x x x findings: Noes x 1. That the request is consistent with the standards and requirements of the Planned Community Text. 2. The approval of Use Permit No. 1899 will not, under t circumstances of this case, be detrimental to the hea safety, peace, morals, comfort and general welfare of .persons residing and working in the neighborhood or b detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Cit and approve Use Permit No. 1899, subject to the following conditions: 1. That the wall /signs be in substantial conformance wit the approved plot plan and elevations. 2. That the signs shall not be illuminated. Request to permit the construction of 2, two -story buildir that may include a mixture of retail, office and light mar facturing uses on a site in the Recreation and Marine Com- mercial area of the Mariners' Mile Specific Plan Area, anc the acceptance of an Environmental Document. A modificati from the required parking standards is also requested, sir a portion of the required offstreet parking spaces are for compact automobiles. Existing uses along the West Coast Highway frontage of the property and a portion of Larson'! Shipyard facility are proposed to remain on the site in conjunction with the proposed development. Location: A portion of Lot H, Tract No. 919, located 2701 -2703 West Coast Highway, on the southl side of West Coast Highway, between Rivers - Avenue and Tustin Avenue on Mariner's Mile Zone: Specific Plan Area No. 5 Applicant: Edward B. Robinson, Newport Beach Owners: Elmer John Larson, Newport Beach; and Gweni lyn I. Snyder, Balboa Island -18- MINUTES • INDEX I he lth e Y• gs.IItem #7 u_ USE PERMI on IND. 1889 ice APPROVED VVI \V1- TTWLLY at •rly de 10- .I COMMISSIONERS • � 9(s� vs �p '� �0 City of Newport Beach February 8, 1979 ROIL GALL Public hearing was opened in connection with this item and Edward Robinson of Robinson Development Company appeared before the Planning Commission and relayed the general history of the.development of the area. He then requested two modifications to the Staff Report. The first involved the 20' minimal setback requirement for the marine way. .Ho advised that the additional footage was unnecessary due to the maximum 16' cradle width. He concurred, additionally, that due to the 3' -5' space from the water line to the end Of the porch, workers' working room would be adequate with 17' setback for the marine way. Mr. Robinson's second mod - fication request involved a deletion of the Staff's sugges- reduction in the floor space of the proposed building of a- least 750 sq. ft., or a deletion of Staff's suggested 38 offstreet parking spaces. Mr. Edward Sands, Architect, next appeared before the Plan, ping Commission to introduce himself and to express his willingness to answer any questions regarding the asthetic! of the project. He informed the Planning Commission that the 750 sq. ft. is eliminated, the office building would ni be economically feasible and the.shipyard would not be able to function. Mr. Robinson again approached the Planning Commission to ci cur that the yacht sales alternative would not be economic advantageous, and an office building denial would not al!loi the shipyard to exist, also due to economics. Richard Hogan, Director of Community Development, advised that a 17' minimal setback might limit the boatyard operN- tion. Commissioner Haidinger expressed his general opposition ire garding the attempt to inforce continued participation in particular business, if economics dictate otherwise. He a commented that in this particular project he felt that it should be the landowner's responsibility to provide adequa parking. Mr. Larson, owner, appeared before the Planning Commissijon assure them that the fascia on the west porch would extend no less than 7' above the grade of the ramp. There being no others desiring to appear and be heard.oh t item, the public hearing was closed. -19- i MINUTES a i- f it m- il1 J Iny ISO :e to to its INDEX COMMISSIONERS 4cm v( mmm ao �p � 'fit City of Newport Beach February 8, 1979 ROLL CALL Motion x. Motion was made that Planning Commission make the followir Ayes x x x x x x findings: Noes 1. That the proposed use is consistent with the Land Use Element of the General Plan and the provisions of the Mariner's Mile Specific Area Plan, and is compatible with surrounding land uses. 2. That the project has been designed to preserve a por- tion of an existing boat yard currently operating on site and the approval of this request will not preclu the preparation or adoption of a Local Coastal Progra 3. That based on the information contained in the Initia Study and mitigation measures indicated in the Negati Declaration, the proposed project will not result in a significant adverse environmental effect. 4. That the proposed retail and commercial office uses c the site are in conjunction with one or more incentiv uses as defined in Section 20.62.070 of the Municipal Code and that the incentive use occupies a substantia portion of the site including parking for the incenti use. 5. That the Negative Declaration and Initial Study are c plete and have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in decisions on this pr j ect. 6. That the establishment of compact parking spaces will not, under the circumstances of the particular case, . 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 c injurious to property and improvements in the neigh- borhood or the general welfare of the City and furthe that the proposed modification is consistent with the legislative intent of Title 20.of this Code. 7. The approval of Use Permit No. 1889 will not, under t circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general we fare of persons residing and working in the neighbor- hood or be detrimental or injurious to property and improvements in the neighborhood or the general welfa of the City. -2G- MINUTES • 9 1 INDEX de M. 1 ve f e ve • om]o- be I r r he I- re • COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL and approve Use Permit No. 1889, subject to the following Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevatioi except as noted below. 2. That the design of the off - street parking lot shall b subject to further review by the City Traffic Enginee and approval by the Director of Community Developmept Said plan shall provide one parking space for each 251 sq. ft. of retail or marine sales, or office uses and two parking spaces (including one loading space) for Larson's Boat Yard on the site. A maximum of 25 pera of the required offstreet parking spaces may be for.. compact automobiles. $. That the proposed boatslips bayward of the property shall be utilized for boat sales or the boat yard. N commercial slips shall be permitted, unless the re- quired number of offstreet parking spaces and restroo! facilities are provided. 4. That a minimum.setback of 17 feet shall be maintained for the marine way and a 40 foot setback for the stor age track, free and clear of any obstructions. 5. A Harbor Permit shall. be secured for the proposed con struction of the project over the water. i 6. The property owner shall approve the transfer of the Harbor Permit to the applicant. 7. That the applicant shall provide for weekly debris clean -up under the proposed water -front building. 8. That the site, with the exception of the marine ways,. shall be graded to drain to Nest Coast Highway. That the applicant shall install and maintain catch basins on site which prohibit debris and residue from boat yard entering the bay. Said basins shall be sub to the approval and inspection of the Marine Departme 0. That the parking areas shall be vacuum swept on a weekly basis. 1. That the applicant shall install and maintain grease traps in the parking lot. -21- MINUTES is, ent nt. INDEX COMMISSIONERS T A t City of Newport Beach February 8, 1979 ROLL CALL 12. That prior to the issuance of any Demolition, Grading or Building Permits a plan shall be approved by the California Regional Water Quality Board to insure tha no siltation, construction debris or other foreign material is permitted to enter the bay during constru tion. 13. That all grading shall be done in accordance with pla approved by the Building Official. The site shall be graded to drain away from the bay. 14. That an erosion and dust control plan shall be submit with the plan for the Grading Permit or Building Perm whichever is applicable. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms shall be provide in accordance with the City's Harbor Permit Policies. 16. That the existing boat docks shall comply with City standards and regulations. V 17. That the owner shall grant public access rights to th City and enter into an agreement with the City to kee the proposed boardwalk free from obstructions and to pair and keep the boardwalk in a good and safe Condit at his sole cost and expense. 18. That the proposed ground sign shall be setback a mini of 5 feet from the back of the sidewalk along West Coast Highway. 19. Offices that do not provide direct services to the pu lic or which are not ancillary to or otherwise permit uses shall not occupy any first floor space. 0. That all on -site landscaping shall be installed in ac cordance with a plan prepared by a licensed Landscape Architect. Prior to the occupancy of the building.th Landscape Architect shall inspect said landscaping ar certify to the Director of Community Development that the landscaping has been installed in accordance with the prepared plan. -22- MINUTES c- ns it p re- ion 63" INDEX • COMMISSIONERS t 9QF v� sssOO�op� � 'G o • 9C � 9s a' 2 City of Newport Beach February 8, 1979 ROLL CALL 21. That all improvements be constructed as required by Ordinance and the Public Works Department. 22. That the proposed driveway approach on West Coast Higl way have a width of 30 feet. 23. That the existing unused driveway approaches be close( up with curb and gutter and sidewalk. 24. That all work in West Coast Highway be done under an encroachment permit.issued by the California Departme( of Transportation. 26. That a condition survey of the existing bulkhead alonc the bay side of the property be made by a civil on structural engineer and that the bulkhead be repai ed in conformance with the recommendations of the con�i- tion. 26. That the fascia on the west porch shall extend to no less than 7' above the grade of the ramp. Planning Commission recessed at 10:30 p.m. and reconven d at 10:35 p.m. Request to permit the construction of an office build-in tI exceeds the basic height limit within the 26/35 Foot He ghl Limitation District, and the acceptance of an environme ta, document. A modification to the Zoning Code is also redue <. led since a portion of the structure, offstreet parking spa( and a boat crane encroach into the required 5 foot front yard setback along 20th Street. Furthermore, a portion of the structure encroaches to the southerly side property lit '(where the Ordinance requires a 3 foot side yard setback). A portion of the existing Pacific Tides Marine boat repair and drydock is proposed to remain on the site in conjundti( With the proposed development. i Location: Lot 13, Block 220, Section A, Newport Beach, and property bayward of Lot 13 to the U.S. Government Bulkhead Line, located at 220:201 Street, on the westerly side of 20th Street, on The Rhine Channel, on the Balboa Peninsu" v i -23- MINUTES INDEX it iatl Item #8 USE PERM ;t- Yo. 1$-98 :es APPTURRO�VED ie TrNALLY in :h a. COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL Zone: C -2 Applicant: Latham Perkins, Ed Ziemer, Paul Balalis, Anthony Vasi, and Charles Pigneri, Newport Beach Owner: Anthony Vasi and James Davis, Newport Beach Commissioner Balalis refrained from participation in this matter due to a conflict of interest. Public hearing was opened in connection with this item and Latham Perkins, Applicant and Owner and Operator of Pacifi Tides Marine, appeared before the Planning Commission and advised that he took exception to three points within the Staff Report: 1. He advised that the loft level would be 1,060 sq. ft. of enclosed office space with no open observa tion decT. -- 2. He additionally expressed his feeling that the stairway to the.third (loft) level enclosed offic space was unnecessary, (to which Richard Hogan, Director of Community Development, replied that a second stairway to a third level.is a Building Code requirement.) 3. Thirdly, Mr. Latham reminded the Planning Commis- sion that one year ago, 9' parking spaces had bee approved, contrary to the present 11' recommenda- tion of the City.Traffic Engineer, (to which Mr. Hogan advised that this proposed 11' was a recom- mendation, not a condition of approval.) Stewart McKenzie, Vice President of the Central Newport Beach Community Association appeared before the Planning Commission and expressed his concern relative to the loss of a marine - oriented activity to an office building. He requested of the Planning Commission the adherence to the height limit restriction. John Butler then appeared before the Planning Commission and concurred that he felt that the project should be re- ferred to the City Council due to Mr. Balalis' conflict of interest. -24- MINUTES • INDEX 0 0 COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL There being no others desiring to appear and be heard on tl item, the public hearing was closed. Motion Y Motion was made that Planning Commission make the followin Ayes x x x x x findings: Noes Abstain x x 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with su rounding land uses. ;2. The project, as amended, will not have any significan environmental impact. '3. The increased building height will result in more pub visual open space and views than is required by thf b sic height limit. '4. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. .r 5. The increased building height will not result in un- desirable or abrupt scale relationships being crealte< between the structure and existing developments or public spaces. '6. The structure will have no more floor area than coulc have been achieved without the Use Permit. 7. Adequate offstreet parking and related vehicular cir( lation is being provided in conjunction with the pro posed development with revisions recommended by the City. 8. The Police Department has indicated that they do not contemplate any problems. i9. That the project has been designed to preserve a por tion of the boat repair and drydock facilities curre ly operating on the site and the approval of this re quest will not preclude the preparation or adoption of a Local Coastal Program. 10. That the establishment, maintenance or operation of use of the property or building will not, under the cumstances of the particular case, be detrimental to i -25- MINUTES INDEX its r- t li a- k u- it- the ;ir COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL the health, safety, peace, comfort and general welfar of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the pro- posed modification for the offsite parking spaces anc . boat crane in the required front yard is consistent with the legislative intent of Title 20 of the Munici pal Code. 11. The approval of Use Permit No. 1898 will not, under i circumstances of this case be detrimental to the heal safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or k detrimental or injurious to property or improvements in the neighborhood or the general welfare of the Cii and approve Use Permit No. 1898, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and eleva- tions, except as noted below. 2. That the proposed building including related deck an( stairway shall maintain the required 5 foot front yai and 3 foot interior side yard setback. 3. That all provisions of the Uniform Building Code sha' be met, including two stairways to any portion of the building which could be qualified as a 3rd story.' 4. That the design of the offstreet parking lot shall N subject to further review by the City's Traffic Engil eer and approval by the Director of Community Develol ment. 5. That one parking space for each 250.sq. ft. of marin( oriented office or retail floor area, and one parkim space and one loading space for the boat repair use shall be maintained on the property. All required pi ing spaces shall be usable and accessible at.all time 6. That the uses permitted within the project be limiter to: -26- MINUTES 1 e INDEX he th ,e Y_ n LJ •d 1 Irk- s. Now.] COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL a. Marine - oriented offices such as yacht brokers, marine surveyors, . and marine designers. b. Marine - oriented retail uses. c. Professional service offices. d. Boat repair and drydock.facility uses. 7. That prior to the issuance of any Demolition, Grading or Building Permits a plan shall be approved by the California Regional Water Quality Board to insure tha no siltation, construction debris or other foreign' material is permitted to enter the bay during constru tion.. 8. That all grading shall be done in accordance with pla approved by the Building Official. The site shall be graded to drain away from the bay. 9. An erosion and dust control plan shall be submitted with the plan for the Grading Permit or Building Per - mit,.whichever is applicable. 10. That the applicant shall install and maintain catch basins on site which prohibit debris and residue fnoh the boat yard entering the bay. Said basins shall be subject to the approval and inspection of the Marine Department. 11. That the applicant shall install and maintain grease traps in the parking lot. 12. That the parking areas shall be vacuum.swept on a wee basis. 13. The boat crane pad shall be engineered to protect the bulkhead. 1',4. The area bayward of the 20th Street- end.shall not be used for vessel. storage. 15. That should the boat docks be used for purposes other than those normally associated with boat repair yards or boat sales, parking and restrooms shall be providf in accordance with the City's Harbor Permit Policies. -27- MINUTES c- ns skl �d INDEX COMMISSIONERS ROIL CALL MINUTES City of Newport Beach February 8, 1979 the existing boat docks shall comply with City Bards and regulations. all applicable conditions of approval for Resub Sion No. 594 be fulfilled. the unused portion of the existing.driveway ap- ch be closed up and curb and gutter and sidewalk onstructed. all improvements be constructed as required by ordi• e and the Public Works Department. all on -site landscaping shall be installed in ac- ince with a plan prepared by a licensed Landscaping tect. Prior to the occupancy of the building, the ;cape Architect shall inspect said landscaping and fy to the Director of Community Development that andscaping has been installed in accordance with )repared plan. i create two parcels of land for commercial devel one parcel now exists, and the acceptance of an ital Document. Parcel 1, Parcel Map 40 -31 (Resubdivision No. 317), located at 1450 Dove Street, on the northeasterly corner of Dove Street and Newport Place Drive in Newport Place. P -C BA Premises Corporation, Los Angeles Same as Applicant Samuel Becker, Los Angeles firing was opened in connection with this item and hiss of BA Premises Corporation, Real Estate Agent ink of America, appeared before the Planning Com- id stated that he concurred with the findings and s as set forth in the Staff Report, with the excep- )ndition #3. He requested that Condition #3 be ii • INDEX Item 0 RESUBDI- VISION NO. 613 APPROVED CONDI- TIWLLY • 16. That Stan 17. That dive 18. That proa be c 19. That nanc 20. That cordi Arch- Land: cert• the the Request t( ment where Environmei Location: Zone: Applicant Owner: Engineer: Public he George Pa; for the B mission ai condition tion of G February 8, 1979 the existing boat docks shall comply with City Bards and regulations. all applicable conditions of approval for Resub Sion No. 594 be fulfilled. the unused portion of the existing.driveway ap- ch be closed up and curb and gutter and sidewalk onstructed. all improvements be constructed as required by ordi• e and the Public Works Department. all on -site landscaping shall be installed in ac- ince with a plan prepared by a licensed Landscaping tect. Prior to the occupancy of the building, the ;cape Architect shall inspect said landscaping and fy to the Director of Community Development that andscaping has been installed in accordance with )repared plan. i create two parcels of land for commercial devel one parcel now exists, and the acceptance of an ital Document. Parcel 1, Parcel Map 40 -31 (Resubdivision No. 317), located at 1450 Dove Street, on the northeasterly corner of Dove Street and Newport Place Drive in Newport Place. P -C BA Premises Corporation, Los Angeles Same as Applicant Samuel Becker, Los Angeles firing was opened in connection with this item and hiss of BA Premises Corporation, Real Estate Agent ink of America, appeared before the Planning Com- id stated that he concurred with the findings and s as set forth in the Staff Report, with the excep- )ndition #3. He requested that Condition #3 be ii • INDEX Item 0 RESUBDI- VISION NO. 613 APPROVED CONDI- TIWLLY • COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL - deleted, due to its inconsistency with the intent of the application. He advised that compliance with Condition #3 would create an aggravated circulation problem and that Pa cel #1 had sufficient ingress and egress.' Bill Dye, Public Works Engineer, stated that the purpose i making this recommended condition was the fact that Parcel #1 would otherwise become.isolated from the remainder of t :surrounding development and make it necessary to re -enter !the City street system. Public Works felt it would be mor practical to circulate internally. Mr. Payliss again approached the Planning Commission to advise as to the intention to have directional access to the bank's drive -up lane with traffic approaching from the opposite way, and he felt that adherence to Public Work's :recommended condition would pose a traffic congestion pro - blem. :Samuel Becker, Engineer for the proposed project-, appearec before the Planning Commission to concur as to the inco�si . -- tency of having one owner circulating vehicles into the'pa cel of another owner, and doing so, in addition to causinc :traffic congestion, he felt, would also pose a security: problem. !There being no others desiring to appear and be heard oI 'this item, the public hearing was closed. Motion x Motion was made that Planning Commission make the follo0ir All Ayes findings: 1. That the map meets the requirements of Title 19 oftt Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and j the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning.standpoint. .3. That the granting of the lot size exception will not be detrimental to the public welfare or injurious to other property.in the vicinity in which the propel is located. v -29- MINUTES r- n he e s r- 19 e •ty R lip COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL 4. The architectural characteristics of the existing de- velopment on Parcel No. 2 and the adjoining parcels tc the east and south will be substantially maintained. Therefore, the Development Considerations as outlined in the Planned Community Development Standards are be met, and the requested site area exception is approves and approve Resubdivision No. 613, subject to the followin! 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 common ingress and egress easements, acceptable the Community Development Department and City Attorne, be provided between Parcel 1, Resubdivision No. 319. (Parcel Map 40 -31) and Parcel 1, Resubdivision No. 386 (Parcel Map 57 -12) prior to the recordation of th Parcel Map for resubdivision No. 613. _ 4. That Parcel No..2 shall be utilized only for a bank drive -up teller facility unless other uses are ap- proved by the Planning Commission in the future. Request to create one parcel of land so as to permit the c version of existing residential units into a residential condominium complex. Location: Lot 1, Tract No. 5425, located at 851 -869 Domingo Drive, on the southeasterly side of Domingo Drive, between Amigos Way and Mar Vista Drive, adjacent to the Bluffs residential development. Zone: R -3 -B, P.R.D. Applicant: Hall & Foreman, Inc., Santa Ana Motion x Motion was made that the Planning Commission continue this All Ayes item to the meeting of February 22, 1978, at the request D the Applicant. -30- MINUTES INDEX i ing 1. 1 to 0 Dn -Item #10 f RESUBDI- VISION NT-614 CONTINUED 22 ,,1 79 • COMMISSIONERS F y .y, 9 p VVO C • to � ¢A .by 2 ROLL CALL Motion Av -s *_1 �v MINUTES City of Newport Beach February.8, 1979 approve a Final Map to subdivide 6.804 acres into as to permit the conversion of the existing V4r- - the - Bluffs multiple- family residential units into ial condominium complex. Parcel 1, Parcel Map 33 -42, located at 901 Cagney Lane, on the southeasterly corner of Hospital Road and Superior Avenue in the Planned Community of Versailles -on- the - Bluffs P -C gan, Director of Community Development, advised pproval of Final Map Tract #10587 was a minister- , inasmuch as the Tentative Tract Map had been nd the Final Tract Map complied with the approved Map. made that Final Map: Tract #10587 be approved,. the condition that all.applicable conditions of or the Tentative Map Tract #10587 shall be fulr permit the construction of a one -story building d offstreet parking spaces in the Corona del r Ian Area, where a specific plan has not been .nd the acceptance of an Environmental Document. .tion to the Zoning Code is also requested, sinr�ce of a 4 foot high + solid masonry wall and 8 inch. ,bs encroach into the required 10 foot rear yaH :o an alley. Lot 3 and a portion of Lot 4, Block 0, Tract No. 323, Corona del Mar, located at 2934. East Coast Highway, on the easterly sideiof East Coast Highway between Heliotrope Avenue and Iris Avenue in Corona del Mar. C -1 Ernest.6eorge, Corona del Mar Same as Applicant -31- INDEX Item #11 FINAL MAP TRACT NO. APPROVED CONDI- TTWLLY Item #12 SITE PLAN REVIEW 1O. 1 APPROVED TURM- TIOfrALLY Request to one lot so slai l l es -on• a resident Location: Zone - Richard Ho that the a ial action approved a Tentative x x X x x x x x Motion was subject to approval f filled. Request to and relate Specific F adopted, a A modifica a portion high.± cur adjacent .I Location: iZone Applicant Owner: February.8, 1979 approve a Final Map to subdivide 6.804 acres into as to permit the conversion of the existing V4r- - the - Bluffs multiple- family residential units into ial condominium complex. Parcel 1, Parcel Map 33 -42, located at 901 Cagney Lane, on the southeasterly corner of Hospital Road and Superior Avenue in the Planned Community of Versailles -on- the - Bluffs P -C gan, Director of Community Development, advised pproval of Final Map Tract #10587 was a minister- , inasmuch as the Tentative Tract Map had been nd the Final Tract Map complied with the approved Map. made that Final Map: Tract #10587 be approved,. the condition that all.applicable conditions of or the Tentative Map Tract #10587 shall be fulr permit the construction of a one -story building d offstreet parking spaces in the Corona del r Ian Area, where a specific plan has not been .nd the acceptance of an Environmental Document. .tion to the Zoning Code is also requested, sinr�ce of a 4 foot high + solid masonry wall and 8 inch. ,bs encroach into the required 10 foot rear yaH :o an alley. Lot 3 and a portion of Lot 4, Block 0, Tract No. 323, Corona del Mar, located at 2934. East Coast Highway, on the easterly sideiof East Coast Highway between Heliotrope Avenue and Iris Avenue in Corona del Mar. C -1 Ernest.6eorge, Corona del Mar Same as Applicant -31- INDEX Item #11 FINAL MAP TRACT NO. APPROVED CONDI- TTWLLY Item #12 SITE PLAN REVIEW 1O. 1 APPROVED TURM- TIOfrALLY COMMISSIONERS 1 City of Newport Beach February 8, 1979 MINUTkS ROLL CALL Public hearing was opened in connection with this item and Ernest George., Applicant, appeared before the Planning Com- mission to concur with the findings and conditions as set forth in the Staff Report. He advised that the surrounding property owners would like the alley to remain closed due to the danger inherent in opening it, as they felt it would become a blind alley. Mr. George also stated on behalf of the surrounding property owners that they would like the alley to be reverted back to private ownership. Mr. George concluded with a statement as to his flexability regarding the decision. Richard Hogan, Director of Community Development, advised that should the Planning Commission be desirous of approvin this application, vacation of the alley must go through City Council and other arrangements for access would need t be made. He further advised that approval of this item would not prejudice the request for the vacation of the all in that the plans could be worked out to accommodate the development with such vacation. Richard Nichols, an engineering consultant and adjacent pro .. perty owner appeared before the.Planning Commission on be- half of the adjacent property owners to concur that they felt that the abandonment of the alley would be an improve- ment of circulation and the overall development of the pro- perty. He stated that owners across Iris Avenue also were in favor of abandoning the alley. Mr. Nichols additionally expressed his feeling that the present 3' setback requireme proposed would impede the entrance in the development of th plan. He also requested that adjacent property owners be granted an interview with Public Works to discuss ingress and egress of the alley, including any discussion of the development in grading and any encroachments. Art Demario, wife of an adjacent property owner, appeared before the Planning Commission to concur with the findings and conditions as set forth in the Staff Report. John Wheaton, another adjacent property owner, next appeare before the Planning Commission to also concur with the find ings and conditions as set forth in the Staff Report, in- cluding the afore - mentioned modifications to Conditions two and nine. -32- • INDEX 11 i COMMISSIONERS 0 ROLL CALL Motion All Ayes x MINUTES City of Newport Beach February 8, 1979 Mr. Nichols again addressed the Planning Commission to ex- press his preference relative to the alley to an open -space easement, containing a broken concrete wall (6' -8' high) and landscaping. Commissioner Agee then advised that the decision regarding the alley would necessarily be referred to City Council. .Dr. Wheaton again appeared before the Planning Commission to express his concern regarding the hardship that would be imposed upon his property without the granted requested change in the alley. He further explained that a retain- ing wall erected on his property would be a definite in- convenience. Mr. Nichols also again appeared before the Planning Com- . mission to advise that his property would have the largest retaining wall in Corona del Mar, which would.be very in= 3urious to his lot, in the event that the alley should not be abandoned. There being no others desiring to appear and be heard on this item, the public hearing was closed. Motion was made that Planning Commission make the followjng findings: 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the Geln- eral Plan objectives and policies. . 2. The proposed development, as revised, is a high - quality proposal and.will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development, as amended, does not ad versely affect the public benefits derived from ex- penditures of public funds for improvement and beauti- fication of street and public facilities within.the area. 14. The proposed development, as revised, promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. -33- INDEX COMMISSIONERS TCF o� m �o} Z City of Newport Beach February 8, 1979 ROLL CALL 5.. The project will not have any significant environment impact. 6. Adequate parking spaces and related vehicular circu- lation will be provided in conjunction with the pro- posed development with the revisions recommended by the City. 7. That the encroachment for the proposed masonry wall and curbs, as revised, will not, under the circum- stances of the particular case, be detrimental to the health, safety, peace, comfort and general wel- fare of persons residing or working in the neighbor - hood of such proposed use or be detrimental or injur- ious to property and improvements in the neighborhood or the general welfare of the City and further that proposed modification is consistent with the legisla- tive intent of Title 20 of this Code. and approve Site Plan Review No. 19, subject to the follow conditions: 1. That development shall be in substantial conformance _ with the approved plot plan, floor plans, elevations, and sections, except as noted below. 2. That the improvement of parking ramps and curbing be subject to the approval of the City Engineer. 3. The parking layout and related aisles shall be amend to satisfaction of the Director of Community Develop- ment and the City Traffic Engineer. 4. That a minimum of one parking space for each 250 sq. ft. of commercial floor space shall be provided-on the subject property. 5. That all mechanical equipment and trash areas shall be screened from East Coast Highway, the abutting alley, and from adjacent properties. 6. That approval of Site Plan Review No. 19 be continge upon the approval of a resubdivision. 7. That a resubdivision be filed (note: Parcel Map for resubdivision must be recorded prior to issuance of Building Permit). -34- MINUTES • INDEX aI the ed nt. • u i COMMISSIONERS MINUTES City of Newport Beach -o s q z February 8, 1979 ROLL CALL 8. That the existing driveway approach on East Coast Highway be closed up and curb and gutter and side- walk constructed under an Encroachment Permit issued by the California Department of Transportation (Caltrans). 3. That the improvement of the alley be subject to apprc of the City Engineer. 10. That the alley improvement be shown on standard plan sheets by a licensed civil engineer. 11. That the research and the engineering needed to re- solve the grading, drainage and alley improvement problems associated with this development be the re- sponsibility of the developer. 12. That a Standard Agreement with accompanying security be provided if it is desired to file the Parcel Map for record before the required public improvements are completed. 86ion x 'Motion was made that Planning Commission recommend to the All Ayes .'City Council the abandonment of the alley discussed in Site Plan Review No. 19, with a review of said proposaljs by the City Engineer. :Request to permit the construction of a one -story offi e building and related subterranean parking spaces in the Corona del Mar Specific Plan Area, where a specific plo has not been adopted, and the acceptance of an Environnier :Document. A modification to the Zoning Code is also re- quested, since a 3'6" high + solid masonry wall, surrounc ing a portion of a stairway to the subterranean garage sr encroaches to the rear property line (where the OrdinaricE requires a 5 foot rear yard). Location: A portion of Lot 1, Block N, Tract No. 12' Corona, del Mar, located at 2800 East Coast Highway ", located on the southeasterly tort of East Coast Highway and Goldenrod.Avenul in Corona del Mar. -35- vat tal , er INDEX Item #13 SITE PLAN REVIEW TO FE�— Lz, X79 COMMISSIONERS City of Newport Beach February 8, 1979 ROLL CALL Zone: C -1 Applicant: Ernest George, Corona del Mar Owner: Same as Applicant Motion x Motion was made that the Planning Commission continue this All Ayes item to the meeting of February 22, 1979, so that the arc tect for the project has additional time to revise the pl to satisfy the concerns of the Department of Public Works. There being no further business, Planning Commission adjot ed at 11:20 p.m. GEORGE COKAS, Secretary City of Newport Beach Planning Commission -36- MINUTES hi- ans a INDEX • F- I L