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Home My WebLink About02/09/1984&A/VVNNUNWj) REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers X TIME: 7:30 p.m. DATE: February 9, 1984 m w. City of Newport Beach XIX IX I A XI All present. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary • Iillllll xxx APPROVAL OF THE MINUTES Minutes of January 19, 1984 Motion IIXII Motion was made for approval of the Planning Commission Ayes X X X X Minutes of January 19, 1984, as written, which MOTION Abstain CARRIED. x x x Planning Director Hewicker requested that Item No. 4 - the Heltzer project, be continued to the Planning Commission Meeting of February 23, 1984. He stated that the applicant is in the process of redesigning the project. All Ayes I XIXIXIX Commission Meeting of n February 23, 1984 which MOTION CARRIED. • Illlllli xxx -1- MINUTES INDEX COMMdSStONERS MINUTES February 9, 1984 � x v m m m� City Of Newport Beach ROLL CALL INDEX Use Permit No. 3071 (Continued Public Hearing) Item #1 Request to expand the operational characteristics of the existing Newport Beach Tennis Club to include: Eight club tournaments whereas previously only seven club tournaments were permitted; four tournaments involving public entities or public institutions; the continuation of the seven swimming meets now permitted annually; the continuation of the summer junior tennis USE PERMIT clinics; the continuation of the service of alcoholic No. 3071 beverages in conjunction with the existing club restaurant and bar now permitted; the continuation of the permitted live entertainment and dancing within the clubhouse, and outside the clubhouse, twice a year in conjunction with private parties, luaus or barbeques; and the continuation of permitting private parties in the restaurant and bar facilities with alcoholic beverages, live entertainment and dancing. - - APPROVED CONDI- . LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of TIONALLY Eastbluff Drive between Vista Del Oro and Vista Del Sol, in the Bluffs. ZONES: R- 4 -B -2, PRD and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach The public hearing opened in connection with this item and Mr. Donald Porter, resident of 2345 Aralia Street and member of the tennis club, stated that he has assisted in community relations with the tennis club and the residents of the area. He stated that there have been several meetings between the tennis club, the homeowners associations and the residents of the area relating to the proposed request. He stated that as a result of these meetings, the tennis club is no longer requesting the approval of The California Oranges, for professional team tennis. I I I ' I I I Mr. Michael Clayton, General Manager of the Newport Beach Tennis Club, appeared before the Commission. Mr. I I I I I I Clayton stated that he has worked closely with the residents of the area to arrive at an acceptable request. -2- g r v m m 0 �o February 9, 1984 of Newport Beach MINUTES Roil CALL I I I I I I I I I INDEX I • • Mr. Clayton referred to Exhibit "A ", Condition No. 10, and requested the following wording, "The tennis club shall obtain on an informal basis, the use of the Corona del Mar High School parking lots for additional off - street parking during any tournaments which would cause an overflow situation of club parking. The tennis club parking lot shall also he posted with a sign which indicates additional parking is available at the High School parking lot." He stated that the participation for each specific tournament can vary and the parking needs may vary. He stated that the Adoption Guild is the largest tournament which is anticipated and would require additional parking, whereas, he stated that the other tournaments may not require additional parking. In response to a question posed by Chairman King, Mr. Clayton stated that the entries for the tournaments are closed two weeks prior to the tournament date. He stated that Mr. Dave Larson, License Supervisor for the City, has indicated that two weeks is sufficient time to process a Special Events Permit. In response to a question posed, by Commissioner Goff, Mr. Clayton stated that there would only be a maximum of five tournaments which may have overflow parking, based on last years use. Mr. Clayton referred to Condition No. 12 and requested that he not be required to apply for a Special Events Permit if the parking will not be a problem. Planning Director Hewicker expressed his concern that if Conditions No. 10 and 12 are revised as suggested by Mr. Clayton, the tennis club will then be making the determination if additional parking is warranted, rather than the City making the determination. Commissioner Balalis stated that the main objective is to provide adequate parking for the tournaments. He suggested that Condition No. 10 remain as worded, and that Condition No. 12 be modified as follows, "A Special Events Permit shall be a pre- condition to the larger tournaments (i.e. Adoption Guild and Pacific Southwest Tournament);. and the application for said permit shall be. submitted to the City at least 30 days prior to each tournament." He stated that obtaining a Special Events Permit for a member /guest tournament would not be necessary. -3- MINUTES February 9, 1984 v m City of Newport Beach INDEX Mr. Clayton referred to Condition No. 14 and requested that the tennis .courts not be, required to be posted with permanent signs stating the permitted hours for use. He stated that access to the tennis courts can only be gained from the front door of the club house. He further stated that the expense for 19 signs seems unnecessary. Commissioner Balalis stated that it is the club's responsibility to police the hours of operation. He stated that if the club is found to be in violation of the established hours of operation, the Planning Commission can consider the revocation of the use permit. He suggested that this be specifically spelled out in Condition No. 31. Mr. Clayton referred to Condition No. 16 and stated that the ball machines are not utilized after 7:00 p.m. on any day. He stated that the condition could be • revised to reflect this. Mr. Clayton referred to Condition No. 19 and stated that for many years, approximately 10 people have been utilizing the swimming pool at, 6:00 a.m. He stated that the homeowners associations do not find this objectionable. He requested that the swimming pool use begin at 6:00 a.m., rather than 8:00 a.m. In response to a question posed by Commissioner Goff, Mr. Clayton stated that the swimming pool and the tennis court facilities are gated separately. Mr. Clayton referred to Condition No. 27 and asked if parking would be permitted on the east side of Eastbluff Drive during the special event tournaments. Planning Director Hewicker stated that staff is suggesting that Condition No. 27 be revised to allow for parking where there are existing parking spaces currently allowed on Eastbluff Drive. He stated that the high school parking lot would have to accommodate the parking needs of the special event tournaments. Chairman King stated that for safety reasons, the parking should be centralized in the high school parking lot. • I I I { I I Planning Director Hewicker stated that several members 1 of the Planning Commission have contacted the staff and have suggested the following revisions: -4- 3 � � r 9 m m 'ohm `; 7c p01 �W�v�am February 9, 1984 of NewDort Beach MINUTES W ROLL CALL I I I I I I I I I INDEX L 0 Mr. William Laycock, Current Planning Administrator, referred to Condition No. 19 and suggested that the wording "except for 7 scheduled meets per year" should be deleted. He stated that this wording can be omitted because the club has indicated that all swim meets are held during the day. Mr. Laycock referred to Condition No. 27 and suggested the following revision, "No on- street parking along Eastbluff Drive shall be permitted, except for the existing parking spaces located on the westerly side of Eastbluff Drive in front of the tennis club facility." Mr. Laycock referred to Condition No. 30 and suggested the following additional wording, "and any replacement of light standards on the other existing illuminated tennis courts ". He stated that several of the existing tennis court lights were not established through the use permit procedure. Mr. Laycock suggested an additional Condition No. 32, which would state, "With the exception of the two permitted private parties, luaus or barbeques outside the clubhouse, the noise from the dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during the times live entertainment is being provided." Planning Director Hewicker referred to Condition No. 1 and stated that the plans submitted for this application, are actually plans which were prepared for a large tournament which was held several years ago. Therefore, he suggested that the notations on the plans making reference to the press tent, trailers, portable restrooms, first aid station and proposed lighting, be deleted. Ms. Susan Doering, resident of 2627 Blackthorn Street, and President of the Eastbluff Homeowners Community Association, distributed copies of her letter dated February 9, 1984 to the Planning Commission. Ms. Doering stated that it is the club's responsibility to ensure that the hours of operation are adhered to and stated that the posting of. signs should be deleted. She referred to Condition No. 23 and stated that Mr. Clayton has agreed that the trees shall be trimmed so as not to impede views from neighboring properties. -5- MINUTES February 9, 1984 City of Newport Beach INDEX Ms. Doering further suggested that the wording "service personnel" be added to Condition No. 28. She stressed that the tennis club must closely monitor the noise factor. She stated that the Association is grateful that many of the suggestions of the homeowners have been heeded by the tennis club and the City staff. In response to a question posed by Commissioner Person, Ms. Doering stated that she does not personally object to the 6:00 a.m. use of the swimming pool, however, she stated that other residents of the area may object. Commissioner Balalis stated that in the past, the Planning Commission has not taken a position on private agreements relating to the trimming of trees to preserve private views. Planning Director Hewicker stated that such agreements would be difficult to enforce. Ms. Doering stated that Mr. Clayton had agreed to this. • In response to a question posed by Commissioner Goff, Ms. Doering referred to Condition No. 5 and stated that the phrase "tournaments will be conducted entirely during daylight .hours" should be added. She stated that this would apply to the four special tournaments. Mr. Leonard Czarnowski, President of the North Bluff Villa Community Community Association, appeared before the Commission. Mr. Czarnowski thanked Mr. Clayton and the City for the spirit of cooperation which has been shown. He referred to Condition No. 11, relating to the guards for the tournaments, and stated that the use of Explorer Scouts is not always effective. He stated that professional guards should be considered for the larger tournaments. He referred to Condition No. 19 and stated that the use of the swimming pool at 6:00 a.m. is acceptable. Mr. Czarnowski referred to Condition No. 23 and stated that the tennis club has requested permission to install a six foot chain link fence, separating the parking lot from the residential area. He stated that the green belt separating the residential area from the parking lot has been discovered to be legally owned by the tennis club. He stated that the chain link fence • + I I I I I I with plantings would be desirable for security purposes f and to confine the trash to the parking lot. COMNYSSIONERS MINUTES February 9, 1984 9 m m a m City of Newport Beach ROLLCALLI III Jill I INDEX Mr. Floyd Yorkland, resident of 458 Vista Trucha, stated that Condition No. 27 should remain as worded, that no on- street parking along Eastbluff Drive shall be permitted. He stated that this is a dangerous area for pedestrians and bicycles. He stated that an additional 10 to 12 parking spaces is not as important as the safety of the public. In response to a question posed by Chairman King, Mr. Donald Webb, City Engineer, stated that because of the higher traffic speed experienced on Eastbluff Drive, the red area designating "no parking" on the curbs adjacent to driveways should range between 40 to 100 feet. He stated that the City's Traffic Engineer can study the sight distance and make the appropriate adjustments. I I I I I I I Chairman King expressed his concern with the safety and visibility of bicyclists in this area. Mr. Webb stated that there are a number of areas in town which allow • bicycle trails adjacent to parked vehicles. He stated that there is always a danger of car doors opening onto the bicycle trail. He stated that the sight distance is usually the same for a vehicle as it is for a bicycle. Mr. Bernard Pegg, resident of 2633 Bamboo Street, referred to Condition No. 31 and requested that the following wording be added, "peace, comfort, morals or general welfare of the community." Mr. Pegg referred to a petition which he had submitted, containing seven signatures from residents on Bamboo Street, and requested that the noise generated by the tennis club be restricted to within the buildings or premises at all times for all functions. He stated that an 8 :00 a.m. opening of the swimming pool should be enforced, because of the vehicle noises associated with the 6:00 a.m. swimmers. He reminded the Commission that the tennis club is located in a residential community and the conditions imposed should protect the residential community from the tennis club's commercialism. In response to a question posed by Commissioner Goff, Mr. Clayton stated that it would be acceptable to restrict the number of hours that the public address system could be utilized. Mr. Clayton stated that the . public address system is not utilized in the morning hours. He further stated that the summer tournaments do not proceed .after dark and that the winter tournaments are smaller and scheduled for the daylight hours. -7- m February 9, 1984 s� r 9 m a w. City of Newport Beach m =� Mr. Clayton stated that the plans which were submitted were plans from the 1977 Davis Cup tournament. Commissioner Balalis clarified that the only outside tournaments would be the Adoption Guild and Pacific Southwest Tournaments. He stated that the approval of this use permit would not allow for a High Stakes Tournament which is incompatible with the surrounding residential community. Mr. Clayton stated that the proposed use permit constitutes a return to the concept of the tennis club to peacefully co -exist with the surrounding residential neighborhood. Mr. Clayton stated that Condition No. 9 states that no temporary seating shall be erected for any club tournament with the exception of the Adoption Guild Tournament. • I I I I I I I In response to a question posed by Chairman King, Mr. Clayton stated that the membership of the tennis club facility is governed by the established by -laws. r 1 I� In response to a question posed by Commissioner Balalis, Mr. Clayton stated that the amplification system is utilized for all of the final tournaments. He stated that the system has been redesigned so as not to be heard from the street. Commissioner Balalis suggested a condition that the amplification shall not be transmitted outside of the club boundaries. Mr. Clayton stated that such a condition would be acceptable. Commissioner Balalis stated that he does not particularly like the use of a chain link fence. Mr. Clayton suggested that a planting of bushes with thorns may resolve this concern. Commissioner Balalis suggested that the planting or alternative to the problem be accomplished to the satisfaction of the City staff. Mr. Clayton further suggested that a barbed wire fence could be installed while the shrubbery grows to totally conceal the fence. MINUTES INDEX • 9 ro W C o ;K 61 m February 9, 1984 of Newport Beach MINUTES INDEX Motion X Motion was made for approval of Use Permit No. 3071, subject to the findings and conditions of Exhibit "A ", with the following revisions: Condition No. 1 - to reflect that the press tent, temporary chain link fence, proposed walks, proposed lighting, sales information and ticket sales trailer will be deleted from the approved plot plans; Condition No. 5 - addition of the wording, "that tournaments shall be conducted during daylight hours "; Condition No. 7 - to be worded, "Outdoor sound amplification shall be limited to the hours of 12:00 noon to dusk, the last two days of each club tennis tournament, each special tournament, and the seven permitted swim meets per year. The two outdoor luaus or barbeques permitted in Condition No. 19 may use outdoor sound amplification per Condition No. 20. Further, amplified sound shall not extend . beyond the boundary of the club "; Condition No. 14 - delete the requirement to post the tennis courts with signs stating the permitted hours for use; • Condition No. 16 - change 8:00 p.m. to 7:00 p.m.; Condition No. 17 - to be worded, "Tennis Courts No. 11, 12, 13, 14, 18 and 19, as shown on the approved plot plan shall not be illuminated unless specifically permitted by approval of an amended use permit; Condition No. 19 - the opening time changed to 6:00 a.m., and the phrase "except for 7 scheduled meets per year" to be deleted; Condition No. 20 - to be worded, "Live, outside entertainment shall be permitted only in conjunction with the two (2) outdoor luaus or barbeques. . "; Condition No. 26 - include the wording, "private parties "; Condition No. 27 - to be worded, "NO on- street parking along Eastbluff Drive shall be permitted, except for the existing parking spaces located on the westerly side of Eastbluff Drive in front of the tennis club facility "; Condition No. 28 - to be renumbered and listed towards the end of the conditions and worded, "All of the above regulations and conditions are to be observed by Club owners, employees, members, guests, private parties and service personnel. Any violation of the conditions of this use permit may result in revocation;" Condition No. 30 - to include the wording, "and any replacement of light standards on the other existing illuminated tennis courts "; Condition No. 31 - to include the wording, "peace, morals, comfort or general welfare of the . community "; Additional Condition - "With the exception . of the two permitted private parties, luaus or barbeques outside the clubhouse, the noise from the MINUTES February 9, 1984 r i a m City of Newport Beach moo M R O L L CALL 1 1 1 1 Jill I INDEX 1 dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during the times live entertainment is being provided "; Additional Condition - "A barrier shall be provided between the tennis club parking lot and Laver Way to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain." FINDINGS: 1. That the private tennis club and related activities are consistent with the General Plan, and are compatible with surrounding land uses. 2. The Police Department has indicated that they do not contemplate any problems. 3. Adequate off- street parking is being provided for the tennis club. 4. That the subject tennis club and related activities will not have any significant environmental impact, providing that parking • demands are met. -10- Mr. Clayton expressed his concern that it may difficult to confine the noise to the boundaries of the club because of the wind shifting and suggested that the noise be controlled so as to not disturb the local residents. Chairman King suggested that a sound attenuation expert be hired to position the loud speakers so as to confine the amplified noise to the • boundaries of the club. All Ayes X X X X X Commissioner Goff's motion for approval of Use Permit No. 3071, was now voted on, as follows, which MOTION CARRIED: FINDINGS: 1. That the private tennis club and related activities are consistent with the General Plan, and are compatible with surrounding land uses. 2. The Police Department has indicated that they do not contemplate any problems. 3. Adequate off- street parking is being provided for the tennis club. 4. That the subject tennis club and related activities will not have any significant environmental impact, providing that parking • demands are met. -10- February 9, 1984 � x � r ° City of Newport Beach 5. The approval of Use Permit No. 3071 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS 1. That the subject operation shall be in substantial conformance with the approved plot plan, floor plans and elevations except as may be noted below. Further, that the press tent, temporary chain link fence, proposed walks, proposed lighting, sales information and ticket sales trailer shall be deleted from the approved plot plans. • I I I I I I I 2. That all previous conditions of approval of Use Permit No. 1233 and Use Permit No. 1824 are no longer in effect. • 3. Club tournaments shall be limited to eight (8) per year, and shall not exceed a total of 35 tournament days per year. 4. One day swim meets shall be limited to seven (7) meets per year. 5. One day special tournaments involving public entities or public institutions (i.e. exhibitions or challenges matches with the U.C. Irvine Tennis team, etc.) shall be limited to four (4) per year and that these tournaments shall be conducted during daylight hours. 6. The tennis club shall furnish to the Planning Department on an annual basis a list of dates of all club tennis tournaments, special tournaments and swim meets. -11- MINUTES INDEX MINUTES February 9, 1984 � r S v c m m m m 6'6 City of Newport Beach INDEX 7. Outdoor sound amplification shall be limited to the hours of 12:00 noon to dusk, the last two days of each club tennis tournament, each special tournament, and the seven permitted swim meets per year. The two outdoor luaus or barbeques permitted in Condition No. 19 may use outdoor sound amplification per Condition No. 20. Further amplified should shall not extend beyond the boundary of the club. 8. The use of outdoor loud speakers for paging is prohibited at any time as well as the use of non electronic signaling or cheering devices, bullhorns, musical fanfare devices, or other similar sound systems or devices. 9. No temporary seating shall be erected for any club tournament with the exception of the Adoption • Guild Tournament, which will be permitted no more than 200 additional seats. 10. The tennis club shall obtain on an informal basis, the use of the Corona del Mar High School parking lots for additional off - street parking during the following tournaments:. Adoption Guild; Calcutta] Member /guest doubles; Member /guest mixed; and the Pacific Southwest Tournament. The tennis club parking lot shall also be posted with a sign which indicates additional parking is available at the High School parking lot. 11. During the tournaments mentioned in Condition No. 10 above, the tennis club shall provide individuals (i.e. Explorer Scouts or other persons) at key intersections along Vista Del Oro so as to prevent tennis club patrons from parking on private streets surrounding the tennis club. 12. A Special Events Permit shall be a pre- condition to each club tournament mentioned in Condition No. 10 above, and the application, for said permit shall be submitted to the City at least 30 days • 1 1 1 1 1 1 1 1 prior to each tournament. -12- dSSIONEI MINUTES February 9, 1984 � x � ro m o m 7c p m C �WZa�am of Newport Beach INDEX 13. The tennis club and related activities shall operate as a private recreational establishment and its facilities will be available to members only and their guests with the exception of the Summer Junior Tennis Clinics, and permitted private parties. 14. That the use of all of the tennis courts will be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturdays, Sundays and national holidays. 15. Tennis lessons shall be permitted only on Courts No. 3, 4, 5, and 6. 16. That ball machines shall not be used before 6:00 a.m. or after 7 :00 p.m, on any day. • 17. Tennis courts No. 11, 12, 13, 14, 18 and 19, as shown on the approved plot plan shall not be illuminated unless specifically permitted by approval of an amended use permit. 18. All existing tennis court lights shall be turned off no later than 10:00 p.m. on any 'day. Timing devices shall be installed and maintained on each illuminated court so as to ensure that the lights are urned off at 10:00 p.m. 19. Use of the swimming pool shall be confined to the hours of 6:00 a.m. to 9:00 p.m. In addition, two (2) outdoor luaus or barbeques per year with activities to 12:00 midnight shall be permitted in the swimming pool area. 20. Live, outside entertainment shall be permitted only in conjunction with the two (2) outdoor luaus or barbeques with a 10:00 p.m, restriction if offered Sunday through Thursday, and 12:00 Midnight if offered on a Friday or Saturday. • 11111111 -13- MINUTES February 9, 1984 � x � � S 9 m W m m City of Newport Beach IIIIIIII ROLL CALL I I I I I I I I IINDEX I 21. The use of mechanical blowers, vacuums or other noisy maintenance equipment shall not be operated before 8 :00 a.m. on any day. 22. Garbage pick -up or commercial deliveries shall not occur before 8:00 a.m. on any day. 23. That all perimeter landscaping shall be regularly maintained free of weeds and debris. All vegetation shall he regularly trimmed and kept in a healthy condition. 24. The closing time for the bar, restaurant, patron dancing, live entertainment for club members and guests, and permission to rent facilities to private parties, shall be governed by the closing time of 2:00 a.m, on Saturday, Sunday and national holiday mornings, and 12:00 Midnight on other . nights. 25. No equipment shall be brought to the site that would disturb the peace and quiet of the neighborhood such as generators, refrigeration trucks, etc. 26. The Club's management and owners are responsible for the quiet and orderly behavior of the club members, guests and private parties in the parking lot, particularly, during the one hour period following club closing. Parking shall be controlled and the lot will be emptied of all members and guests cars within one hour after closing. 27. No on- street parking along Eastbluff Drive shall be permitted, except for the existing parking spaces located on the westerly side of Eastbluff Drive in front of the tennis club facility. 28. The illuminated Courts No. 7, 6, 9 and 10 shall I not be used unless all of the remaining lighted courts are in use. The lights on these courts I I I I I shall be turned off when the courts are not in use. -14- �A r MINUTES February 9, 1984 itv of Newport Beach INDEX 29. That the lighting system for Courts No. 7,8,9, and 10 permitted with the approval of Use Permit No., 1824, and any replacement of light standards on the other existing illuminated tennis courts, shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer, with a letter from the Engineer stating that in his opinion, this requirement has been met. 30. With the exception of the two permitted private parties, luaus or barbeques outside the clubhouse, the noise from the dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during the times live entertainment is being provided. • 31. A barrier shall be provided between the tennis club parking lot and Laver way to be approved by staff, to restrict pedestrians and prevent debris in this area. The barrier shall be a combination chain link fence and planting to be 6 feet in height, except for the existing open walkway that shall remain. 32. All of the above regulations and conditions are to be observed by Club owners, employees, members, guests, private parties and service personnel. Any violation of the conditions of this use permit may result in revocation of said application. 33. That the Planning Commission may add and/or modify conditions of approval to this use permit upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. x The Planning Commission recessed at 8:55 p.m. and • reconvened at 9:05 p.m. -15- February 9, 1984 s� r 9 m 0 a w. City of Newport Beach Use Permit No. 3058 (Continued Public Hearing) Public hearing and 3 month Planning Commission review of a request to re- establish a restaurant with on -sale alcoholic beverages known as "Novak's Place" on property located in the C -1 District. LOCATION: Lot 2, Block 0 of Tract No. 323, located at 2920 East Coast Highway, on the easterly side of East Coast Highway, between Heliotrope Avenue and Iris Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert F. Novak, Corona del Mar OWNER: Mary King, Dana Point • The public hearing opened in connection with this item and Mr. E. E. Clabaugh,.representing the applicant, appeared before the Commission. Mr. Clabaugh stated that the public hearing this evening should only center around the five conditions of approval which are outlined on Page 6 of the staff report. He stated that the applicant has borrowed a substantial amount of money to comply with the conditions of approval. He stated that Mr. Nichols has been notified by written communication, that his activities directed towards Mr. Novak has exceeded the boundary of legitimate investigation and comment. Mr. Peter Welch, of the Wesley N. Taylor Company, representing the applicant in the sale of the restaurant, appeared before the Commission. Mr. Welch stated that he would be referring to Page 6 of the staff report. He referred to Condition No. 6 and stated that the grease interceptors have been installed. Mr. Hewicker stated that as of late this afternoon, the physical connection of the grease interceptor to the kitchen facility, had not been made. Mr. Welch stated that the contractor will complete the connection. Mr. Welch referred to Condition No. 8 and stated that rear parking area can not be striped until the interceptor connection is completed. He stated that the striping will be accomplished at the appropriate time. -16- MINUTES INDEX Item #2 USE PERMIT NO. 3058 MINUTES February 9, 1984 e p w City of Newport Beach INDEX Mr. Welch referred to Condition No. 11 and stated that the applicant has contacted the adjoining property owners concerning parking spaces in addition to the four on -site parking spaces. He stated that the applicant has negotiated with Mr. Bergstrom for five additional parking spaces, and Mr. Renna for three additional parking spaces after 7:00 p.m. daily, which would be contiguous to the subject restaurant use. He stated that this would bring the total number of parking spaces for the restaurant use to 12 parking spaces. Mr. Welch referred to Condition No. 10, relating to the trash compactor, and Condition No. 5, relating to the washout area, and distributed a floor plan of the restaurant use which depicted the existing layout of the necessary restaurant equipment. He stated that a washout area for the trash containers is located inside the building. He stated that the dimensions of a commercial trash compactor precludes its use inside the • premises. He stated that the bottles are boxed and are being picked up three times a week, the cans are recycled, and the remainder of the trash is being placed in plastic bags and deposited into the dumpster located at the rear of the property. In response to a question posed by Commissioner Person, Mr. welch stated that the. adjacent residential uses would object to the use of a commercial trash compactor located outside of the building. In response to a question posed by Commissioner Balalis, Mr. Welch stated that the dumpster service currently picks up the trash five days per week. Commissioner Balalis stated that in order for the trash pick up area to be maintained clear of any rubbish, he suggested that the dumpster service be contracted for pick up six days per week and perhaps trash pick up twice per day. Mr. Welch stated that this would appear to be a reasonable solution to.the trash issue. Mr. Lou Gablick, resident of 601§ Iris Avenue, stated that the applicant has not shown a spirit of cooperation with the adjoining residents. He expressed his concerns relating to trash problems of the restaurant use and stated that the overflow of trash is • I I I j I I I ( creating a serious health problem. He also stated that 1 the employees of the restaurant park their vehicles in the residential area and not on the premises. -17- MINUTES February 9, 1984 � F � r S m y. City of Newport Beach M ROLL CALL I I I I Jill I INDEX I In response to a question posed by Commissioner Person, Mr. Gablick stated that an outside trash compactor would disturb the residential area. Mr. Gablick stated that the trash compactor should be located inside the building. In response to a question posed by Commissioner Kurlander, Mr. Gablick stated that the trash problem is continual. He stated that after the trash has been picked up by the dumpster service, the truck relieves itself of its liquids in front of the residences. He stated that the odor and the fly condition worsens as the temperatures increase. Mr. Richard Nichols, resident of 519 Iris Avenue, stated that the public hearing this evening should address all aspects of the restaurant use. He referred to the letters which he has submitted on this item and expressed his concern that the expanded net public area and two bars were added without the required public • hearings. He requested that the Planning Commission restore this operation to its original front restaurant with no bar configuration. He further stated that the Police Department has continuous problems with the restaurant use. In response to a question posed by Commissioner Balalis, Mr. Robert Gabriele, Assistant City Attorney, stated that on October 6, 1983, the Planning Commission approved the use permit to legitimize the restaurant configuration, subject to various conditions of approval. Mr. Gabriele stated that the public hearing this evening is for a three month review of the operation itself and to determine if the conditions of approval have been sufficiently complied with. In response to a question posed by Commissioner Person, Planning Director Hewicker stated that the Planning Commission can add, delete or modify the conditions of approval which were imposed on the October 6, 1983, Planning Commission Meeting. Planning Director Hewicker stated that the applicant has withdrawn their appeal to the City Council. He further stated that the actions of the Planning Commission this evening are subject to appeal or call up by the City Council. Mr. Nichols stated that the information contained in the letters which he has submitted is relative to the public hearing this evening. -18- MINUTES February 9, 1984 3 x O m m m m m City of Newport Beach INDEX Planning Director Hewicker suggested that a condition could be added which would state, "That there would be no enlargement of the premises, no additional net public area, nor any change in the operational characteristics of the business without an amendment to the use permit." Commissioner Person stated that on October 6, 1983, the Planning Commission approved the restaurant use and that Condition No. 1 states, "That development shall be in substantial conformance with the approved plot plan and floor plan." He stated that the square footage and the configuration of the restaurant was discussed at great length during the October 6, 1983, Planning Commission Meeting. He stated that the Planning Commission's determination was final when the applicant withdrew their appeal to the City Council. Mr. Gabriele concurred. • Mr. Nichols stated that the use of the Bergstrom and Renna parking spaces during the evening may be feasible, however, he stated that the applicant will still not have sufficient parking for the daytime operation of the restaurant. He requested that the hours of operation be restricted to 11:00 p.m. on weekdays, Sunday through Thursday. He expressed his concern with the noise generated by the television and the patrons and stated that the noise should be confined to the interior of the building. He stated that the current trash pick up service is not adequate. He stated that the boxing of the bottles and the recycling of the cans is not a permanent solution to the trash problem. Mr. Nichols requested that the Planning Commission require the 21 off -site parking spaces as originally required and restrict the public use to a restaurant in the front section. He stated that the back room would then provide the needed storage for the facility. He stated that this would be more compatible with the surrounding residential neighborhood. Mr. James Black, resident of 2910 Third Avenue, stated that the parking agreements obtained. by the applicant are only valid for evening parking. He stated that • these parking agreements will not help to relieve the daytime parking congestion. -19- z � r 9 m m L • February 9, 1984 of Newport Beach Mr. Black further stated that the restaurant employees should be required to park their vehicles on -site, rather than on the residential streets. He stated that the restaurant use containing the two bar areas, creates extreme parking congestion for the immediately surrounding residential area. In response to a question posed by Commissioner Goff, Mr. William Laycock, Current Planning Administrator, referred to Page 6 of the staff report and summarized the status of the five listed conditions of approval. Mr. Laycock referred to Condition No. 5, relating to the washout area, and stated that the applicant has indicated that this is not needed, in that they are proposing to place the trash in plastic bags. Condition No. 6, the grease interceptors have been installed and will be connected in a few days. Condition .No. 8, the rear parking area can not be striped until after the grease interceptors are connected. Condition No. 10, the trash compactor has not been installed because the applicant is proposing an alternate means of trash disposal. Condition No. 11, the applicant has obtained eight off -site parking spaces, in addition to the four parking spaces provided on -site for a total of 12 parking spaces. He stated that the eight off -site parking spaces can only be utilized after 7:00 p.m. In response to a question posed by Commissioner Person, Mr. Clabaugh stated that a washout area for the trash containers is currently being done inside the building with a high - pressure hose. Planning Director Hewicker stated that this is considered a mop sink area. He further stated that if a washout area is required for the restaurant trash containers, .it should be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. Commissioner Balalis asked staff if the requirement for a trash compactor is necessary, or if a condition would be appropriate which would require that the dumpster shall have a lid placed upon it and shall be emptied regularly so as to avoid a trash overflow. Planning Director Hewicker stated that the Planning Commission must make the ultimate decision relating to the trash issue. He stated that the original purpose of the trash compactor condition was based upon the fact that there was a great deal of public testimony relating to trash problems. -20- MINUTES INDEX MINUTES February 9, 1984 2 C 0 ao w. City of Newport Beach INDEX Commissioner Person stated that he and Commissioner Goff have worked with the applicant and the adjoining residents to attempt to resolve some of these concerns. He stated that the condition relating to a trash compactor was originally his idea He stated that this condition has been imposed on many of the take -out restaurants within the City. He stated that the premises appear to be kept cleaner since the Planning Commission last heard this item in October of 1983. He stated that he observed the grease interceptor being installed and further stated that the rear parking area could be striped after the interceptor is fully connected. Commissioner Person stated that the recent conditions of approval imposed on the restaurant use set standards which had not been previously imposed on this particular establishment because of certain non - conforming rights. • Commissioner Person referred to Condition No. 11, which requires that the applicant shall obtain 21 additional off - street parking spaces within 90 days. He stated that this condition would be impossible for the applicant to comply with, because of the current lack of parking in the Corona del Mar area. He stated that the applicant has made a reasonable effort to obtain the parking. He stated that whenever a commercial area is situated immediately adjacent to a residential area, compromises must be made. He stated that in order for the applicant and the residents to reach a compromise on these issues, neither side may be very happy. Motion X Motion was made for the approval of Use Permit No. 3058, subject to the findings and conditions of Exhibit "A ", with the following revisions: Condition No. 9 - That the rear access door to the rear bar and dining area shall be appropriately posted and used for emergency exit purposes only and that panic hardware shall be installed; Condition No. 11 - That the applicant shall obtain a minimum of 8 additional off- street parking spaces, as he has evidenced; Condition No. 10 - That a trash compactor shall be installed in conjunction with the proposed use, or the trash pick up shall be six times per week; Condition • I I I I I No. 5 - That the washout area currently utilized within I the confines of the .building shall continue to be utilized as a washout area. -21- MINUTES February 9, 1984 7-1 City of Newport Beach INDEX Commissioner Goff stated that the applicant has suggested alternatives to the conditions relating to the washout area and the trash compactor, which should adequately resolve these concerns. He stated that Condition No. 18, which allows the Planning Commission to add or modify the conditions of approval, gives the Planning Commission the authority to review this item and recommend revocation of the use permit at any time in which the applicant or his successors are not able to meet the requirements imposed. Commissioner Goff noted that the potential new owners of the subject restaurant use were in attendance of the public hearing. He stated that the potential new owners have been made aware of the controversy relating to this use and stressed that the new owners adhere to the conditions of approval which will be imposed. I I I I Commissioner Balalis expressed his concern that the • applicant has had over three months to comply with the conditions of approval which were imposed in October of 1983. He suggested that a time limit be attached to the conditions of approval which will be imposed. He further suggested that the applicant continue to try to attempt to obtain the additional 21 off - street parking spaces. He stated that if a trash compactor is not to be provided, then the dumpster shall have a lid placed upon it and shall be emptied regularly so as to avoid a trash overflow. Amended Commissioner Person amended his motion for approval of Motion X Use Permit No. 3058, as follows: the conditions of approval shall be completed within 30 days; and, lids shall be placed on the trash containers and trash pick up shall be handled 6 times per week. Commissioner Person expressed his concern that it would be difficult to ensure that the applicant is making an ongoing attempt to find additional parking spaces. Commissioner Balalis stated that if and when the City establishes a Municipal parking lot in the area, the remainder of the 21 additional off - street parking spaces can be provided in -lieu. Commissioner Person stated that the inclusion of such a condition would be encouraging the applicant to be in violation of the use • permit. -22- MINUTES F m February 9, 1984 � r c . v m a m. City of Newport Beach m� INDEX Chairman King stated that he would be opposing the motion. He stated that the previous actions of the Planning Commission in accepting the square footage, have precluded the applicant from providing a washout area and trash compactor within the building. He stated that the agreements which the applicant has obtained from the adjacent property owners are not enforceable. He stated that this is encouraging other businesses to give up parking spaces in an area which is already seriously deficient of parking. Commissioner Kurlander concurred with the concerns expressed by Chairman King. He further stated that the subject use generates noise and excessive trash which creates a detriment to the surrounding residential area. He stated that placing a lid on the trash container will not resolve the problem, because the trash will either end up on top of the lid or scattered in the parking area. -Otitute Substitute Motion was made to initiate action to Motion consider the revocation of the Use Permit No. 3058, due to non - compliance of established conditions of approval. Commissioner Goff stated that he can not support the motion to initiate revocation proceedings. He stated that the applicant has made a good effort to meet the conditions of approval which were imposed. He stated that whenever a commercial area is located immediately adjacent to a residential area, problems such as these will exist. He stated that should the modified conditions of approval not resolve the problems, the Planning Commission has the authority to add or modify the conditions to this use permit, or recommend the revocation of the use permit, under the. wording of Condition No. 18. Commissioner Person stated that there has been a restaurant use located on the premises since 1961. He stated that it does not .appear that the operational characteristics of the current restaurant have changed from that of the Zubies Restaurant operation. He expressed his concern that. the applicant may have non - conforming parking rights; which would make • 1 1 1 1 I I ' I Condition No. 11 insignificant as it relates to the 21 off- street parking spaces. -23- MINUTES February 9, 1984 v m m m ° City of Newport Beach E ROLL CALL I I I I I I I I I INDEX Commissioner Balalis stated that rather than revoking the use permit, the Planning Commission could insist that the washout area and the trash compactor be provided inside the building. He stated that the applicant would then have to cut down the net public area of the restaurant use. He stated that the provision for eight off -site parking spaces may not be adequate and suggested that the in -lieu provision be included. Chairman King expressed his concern that the parking requirements for a prior restaurant use may not be suitable for the current restaurant use. Ayes X X Substitute motion by Commissioner Kurlander to initiate Noes X X X X action to consider the revocation of Use Permit No. 3058, due to non - compliance of established conditions of approval, was now voted on, which SUBSTITUTE MOTION FAILED. IOnded Commissioner Person amended his motion for approval of Motion Use Permit No. 3058, as follows: Condition No. 10 - to remain as previously stated, Condition No. 5 - as stated previously, that the washout area currently utilized within the confines of the building shall continue to be utilized as a washout area; Condition No. 9 - panic hardware shall be installed; and, the conditions of approval shall be completed within 30 days. Amendment X Amendment to the motion was made by Commissioner Balalis as follows: Condition No. 11 - That the applicant shall either provide 21 in -lieu parking spaces, or a combination of off -site parking spaces and in -lieu fees, up to the required 21 additional parking spaces. Planning Director Hewicker stated that the City Code provides that in -lieu fees can be required if a finding is made that there is a Municipal lot located within a reasonable distance. He asked which Municipal lot the in -lieu fees would be applied to. Chairman King stated that the Municipal lot located at Bayside Drive and Marguerite Avenue would be the closest in proximity to the subject use. Chairman King stated that at least • the Municipal lot would provide parking spaces for the employees which the applicant would pay for. Commissioner Kurlander stated that he could support a motion which would include this provision. -24- February 9, 1984 � m m m ° City of Newport Beach In response to a question posed by Commissioner Goff Planning Director Hewicker stated that the Municipal lot is located approximately one - quarter of a mile away from the subject restaurant use. Chairman King stated that 4 on -site parking spaces are provided by the use, leaving 21 parking spaces to be provided in -lieu, for a total of 25 parking spaces. He stated that the applicant can attempt to obtain additional parking through an off -site parking agreement authorized by the City, which would reduce the number of in -lieu parking spaces to be provided. Ayes X X X K X Amended motion by Commissioner Person for approval of Noes X X Use Permit No. 3058, with the amendment by Commissioner Balalis relating to the additional finding and provision for the in -lieu parking, was now voted on, which AMENDED MOTION CARRIED. • Planning Director Hewicker asked if the Planning Commission was desirous of reviewing the subject applicant in three months, as provided for in Condition No. 2. Motion X Motion was made to reconsider the conditions of All Ayes X X XX approval, which MOTION CARRIED. Ayes I X X X. I x Commissioner Balalis amended the motion to include the Noes X previously approved conditions, and delete Condition No. 2, which provides for a three month review of the subject application, which AMENDED MOTION CARRIED, as follows: • FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. -25- MINUTES INDEX MINUTES m February 9, 1984 s � v m a m City of Newport Beach m m R O L L CALL I I I I J i l l I INDEX I • • 3. The approval of Use Permit No. 3058 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That if the applicant does not comply with the conditions which have been attached to the use permit, the use permit will be subject to the revocation proceedings as outlined in Section 20.80.090 of the Municipal Code. If the applicant violates the conditions of the use permit, the use may not be allowed to operate. 5. That this restaurant was in violation of Condition No. 3 of the original use permit. The use of the property shall be conducted in a manner compatible with the adjacent residential district. Therefore, the following conditions of approval are included in this use permit: 6. That the Municipal parking lot located at Bayside Drive and Marguerite Avenue is within a reasonable distance to be utilized for in -lieu purposes by the subject use. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as may be noted below. 2. Deleted by the Planning'Commission. 3. That all mechanical equipment, outdoor storage and trash areas shall be screened from the alley, Third Avenue and adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke if required by the Building Department. -26- MINUTES February 9, 1984 a ° w City of Newport Beach INDEX 5. That the washout area currently utilized within the confines of the building shall continue to be utilized as a washout area. 6. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Director. 7. That the illegally constructed cold storage shed, located at the rear of the building, shall be removed so as to provide adequate space for four (4) conforming on -site parking spaces. 8. That a parking plan shall be established for the rear parking area and approved by the City Engineer. Said plan shall include consideration of developing a common parking design between the • subject property and the adjoining commercial property located to the north so as to maximize the number of available off - street parking spaces. 9. That the rear access door to the rear bar and dining area shall be appropriately posted and used for emergency exit purposes only and panic hardware shall be installed. 10. That a trash compactor shall be installed in conjunction with the proposed use; or, the trash pick -up shall be six times a week, and lids shall be placed on said trash containers. 11. That the applicant shall purchase 21 in -lieu parking spaces from the City on an annual basis for the duration of the restaurant use, and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. The applicant can attempt to obtain additional parking through an off -site parking agreement authorized by the City, which would reduce the number of in -lieu parking spaces to be provided. 12. That the service of alcoholic beverages shall be • incidental to the primary food service operation. 13. That the subject restaurant shall be operated in a manner compatible with the adjacent residential district. -27- • February 9, 1984 r • v m W a m w City of Newport Beach 14. There shall be no trash pick -up or delivery of supplies or merchandise before 7:00 a.m. 15. That all mechanical equipment shall be sound attenuated to 55 dBA at the property lines. Should it be determined by an acoustical engineer that the existing ambient noise levels exceed 55 dBA, then the acoustical engineer shall certify that the operation of the mechanical equipment will not result in any increase in noise levels over the ambient level as determined by said acoustical engineer. 16. That the hours of the restaurant operation shall be 9:00 a.m. to 12:00 midnight, daily. 17. That the on -site parking spaces shall be used for employee parking only. 18. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. 19. That the applicant shall request a special inspection by the City's Building Department and all corrections which are required by the inspection shall be complied within 30 days. 20. That all conditions of approval shall be completed within 30 days. 21. That the existing video games shall be licensed or removed if the licensing cannot be obtained. The Planning Commission recessed at 10:40 p.m. and reconvened at 10:45 p.m. -28- MINUTES INDEX dSSIONERS 1 MINUTES February 9, 1984 r c ? n 0 ro VItv of 3 IIIIIIII R O L L CALL V I I I I I I I INDEX A Place Traffic Item #3 Request to approve an amendment to the Newport Place Traffic Phasing Plan to permit the construction of TPP #6 additional office space at 1100 Quail Street beyond A 597 that presently permitted by the approved Traffic UP 3080 Phasing Plan. t`.a B. Amendment No. 597 (Continued Public Hearing) All Request to amend the previously approved Newport Place Con Planned Community District Regulations so as to allow to the expansion of an existing office building located in - "Professional and Business Office Sites l and 2." The 198 proposal also includes a request to amend the requirements for off - street parking for office uses . from one parking space per 225 sq. ft. to one parking space per 300 sq. ft. subject to the approval of a use permit, and the acceptance of an environmental document. M C. Use Permit No. 3080 (Continued Public Hearing) Request to consider a reduction of the number of required off - street parking spaces from one parking space for each 225 sq. ft. of net floor area to one parking space for each 283 sq. ft. of net floor area. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required off - street parking' in conjunction with an addition to an existing office building located in "Professional and Business Office Sites No. 1 and 2 ", of the Newport Place Planned Community. LOCATION: - Parcel No. 1 of Parcel Map 48 -11, (Resubdivision No. 363) located at 1100 Quail Street, on the northeasterly side of Quail Street, between Westerly Place and Dove Street, in the Newport Place • I I I I I I Planned Community. -29- 23 MINUTES February 9, 1984 • Motion Ayes Noes Abstain. • X The public hearing opened in connection with this item and Mr. David Neish, of Urban Assist, Inc., representing the applicant, appeared before the Commission. Mr. Neish presented background information on this request. He stated that in 1970 the Newport Place Planned Community was the first commercial planned community to be adopted by the City. He stated that the parking requirement of one parking space per every 250 square feet is the commonly accepted standard for the commercial planned communities within the City and throughout Southern California. He expressed the concern that the Newport Place Planned Community is the only area within the City where the parking requirement is one parking space per every 225 square feet. Mr. Neish distributed a tenant analysis for the 1100 Quail Street Building and stated that the facility is currently 93.5 percent occupied. Motion was made to allow Mr. Neish an additional five minutes for his presentation, which MOTION CARRIED. Mr. Neish referred to the parking study which was prepared for this item and stated that the study indicates that the most vehicles observed at the site was 53 vehicles, or 48 percent less than the requirement of one parking space per every 225 square feet. He stated that the parking study concludes that the existing parking supply and the 25 percent compact parking is adequate to accommodate the proposed addition. He stated that each project should be judged upon its own merit and requested approval of this item as proposed. Planning Director Hewicker discussed the proposed request. He stated the Code provides through the modification procedure, to change the office parking requirement from one parking space per every 225 square feet of net floor area down to one parking space per every 250 square feet of net floor area. He stated that perhaps it is the applicant's intent to ask for the modification procedure to change the parking requirement and eliminate the use permit request. -30- � r 9 m m m ° City of Newport Beach ROLL CALL INDEX ZONE: P -C APPLICANT: Quail Street Partners, Newport Beach OWNER: Same as applicant • Motion Ayes Noes Abstain. • X The public hearing opened in connection with this item and Mr. David Neish, of Urban Assist, Inc., representing the applicant, appeared before the Commission. Mr. Neish presented background information on this request. He stated that in 1970 the Newport Place Planned Community was the first commercial planned community to be adopted by the City. He stated that the parking requirement of one parking space per every 250 square feet is the commonly accepted standard for the commercial planned communities within the City and throughout Southern California. He expressed the concern that the Newport Place Planned Community is the only area within the City where the parking requirement is one parking space per every 225 square feet. Mr. Neish distributed a tenant analysis for the 1100 Quail Street Building and stated that the facility is currently 93.5 percent occupied. Motion was made to allow Mr. Neish an additional five minutes for his presentation, which MOTION CARRIED. Mr. Neish referred to the parking study which was prepared for this item and stated that the study indicates that the most vehicles observed at the site was 53 vehicles, or 48 percent less than the requirement of one parking space per every 225 square feet. He stated that the parking study concludes that the existing parking supply and the 25 percent compact parking is adequate to accommodate the proposed addition. He stated that each project should be judged upon its own merit and requested approval of this item as proposed. Planning Director Hewicker discussed the proposed request. He stated the Code provides through the modification procedure, to change the office parking requirement from one parking space per every 225 square feet of net floor area down to one parking space per every 250 square feet of net floor area. He stated that perhaps it is the applicant's intent to ask for the modification procedure to change the parking requirement and eliminate the use permit request. -30- MINUTES February 9, 1984 � m City of Newport Beach O IIIIIII R O L L CALL 1 1 1 I I I I I I INDEX Mr. Leon Klatzkin, owner of the building located at 1200 Quail Street, adjacent to the proposed request, appeared before the Commission. He expressed his concern that there is not sufficient parking in the area and that persons utilizing the existing office building park their vehicles in his parking lot and cross through the shrubs to gain access to the existing office building. He further expressed his concern that it will be difficult to police the use of the compact parking spaces. He stated that the types of tenants in the existing office building create a heavy parking demand. In response to a question posed by Commissioner Balalis, Mr. Klatzkin stated that his office building contains 16,650 square feet and 75 parking spaces. Mr. Klatzkin stated that he has excess parking spaces because his tenants do not create a heavy parking demand. • Chairman King referred to the tenant analysis sheet distributed by Mr. Neish and stated that if all of the tenant employees reported for work at the same time, there would be a surplus of 27 parking spaces under the existing parking requirement. Mr. Neish concurred and stated that there are currently 92 parking spaces on the site. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the recent planned communities allow for an automatic 20 to 25 percent of compact parking spaces. However, he stated that this particular planned community was one of the first adopted and the provision for compact parking spaces was not included. He stated that staff is comfortable with the provision of 25 percent compact parking spaces. Mr. Richard Gardner, owner of two office buildings adjacent to the proposed request, stated that his buildings provide 4 spaces per 1,000 square feet as the parking requirement. He expressed his concern with the increase of parking congestion in the area and stated that his parking lots are constantly full. He stated that reducing the parking requirement will be a . detriment to the surrounding area. -31- MINUTES February 9,. 1984 p R r v m m City of Newport Beach moo W ROLL CALL I I I I I I I I I INDEX In response to a question posed by Commissioner Winburn, Planning Director Hewicker stated that the proposed expansion of the existing office building will not exceed 6,600 square feet. Mr. Neish stated that the types of clientele attracted to this specific office building would not generate a large amount of employees and therefore would not impact the parking. He stated that the environmental document and the traffic analysis prepared on this item indicates that the proposed project will not have a significant environmental impact. Mr. Klatzkin stated that he is not only concerned with the parking needs of the employees of the office building, but also with parking needs of the clients which would be generated by the office uses. In response to a question posed by Commissioner Person, . Mr. William Laycock, Current Planning Administrator, stated that Exhibit "A" contains findings and conditions which would approve the additional square footage, maintaining one parking space per every 225 square feet of net floor area. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that there are currently a variety of parking requirements for office uses within the City. He also discussed the "pool parking" concept which has been utilized in Newport Center and Koll Center. Commissioner Balalis asked if this request were to be analyzed under a new planned community today, what parking requirements would be recommended. Planning Director Hewicker stated that until he could be convinced what is causing the change in the parking, he would recommend that one parking space per 225 square feet of net floor area for office development be utilized. Commissioner Balalis suggested that additional time be granted to review and perhaps visit the area in question, relating to the current parking situation. He further suggested that additional information be • ( I I I I I obtained relating to the parking requirements of the other planned communities within the City. -32- COMNNSSIONERS MINUTES February 9, 1984 n 7c m ° m City of New rt Beach ROLL CALL INDEX Chairman King suggested that information be obtained relating to the parking requirements across the street in MacArthur Court and the surrounding area, in order to be consistent in the review. He stated that the Commerce Bank is located directly behind the subject site and stated that last year the parking was restricted on the lot for employee parking with a gated entry. He expressed his concern that this is a five story office building and that there is only a small area on the southeast side of the building for public parking. He stated this situation may be contributing to the parking congestion in the area and suggested that this concern be addressed. Commissioner Balalis concurred. Mr. Neish stated that they are not advocating that a full study,be made relating to the parking requirements for the entire City. He stated that their request is based upon the data pertaining solely to their • property. He stated that the proposed request must be kept in its proper perspective when considering the parking requirements of other areas within the City. Motion JXJXJXJX I 1 1X1 Motion was made to continue this item to the Planning Ayes I Commission Meeting of February 23, 1984, in order to o obtain the requested information, which MOTION CARRIED. * * x A. General Plan Amendment No. 83 -1(c) (Public Hearing) IItem #4 Request an amendment to the Newport Beach General Plan for property located adjacent to Medical Lane, so as to redesignate said property from "Multiple Family Residential" uses to "Administrative, Professional and GPA.83 -1 Financial Commercial" uses, and the acceptance of an A 601 environmental document. TS T 11018 PROPONENT: Heltzer Enterprises, Los Angeles UP 3081 INITIATED BY: The City of Newport Beach • I I� I I I I I AND -33- v m m Q n x ci m City of February 9, 1984 t Beach MINUTES M ROLL CALL I I I I J i l l I INDEX 1 • Motion All Ayes X • B. Amendment No. 601 (Public Hearing) C. Traffic Study (Public Hearing) MD F ip E. Use Permit No. 3081 (Public Hearing) LOCATION: Tract No. 11018, located at 1455 Superior Avenue, on the northwesterly side of Superior Avenue, between Placentia Avenue and Hospital Road, in the West Newport Triangle area. ZONE: R -3 (2178) APPLICANT: Heltzer Enterprises, Los Angeles OWNER: Same as applicant Planning Director Hewicker requested that Item No. 4 - the Heltzer project, be continued to the Planning Commission Meeting of February 23, 1984. He stated that the applicant is in the process of redesigning the project. Motion was made to continue Item No. 4 to the Planning Commission Meeting of February 23, 1984, which MOTION CARRIED. -34- Febru- COMMdSSONEK5 MINUTES February 9, 1984 i x i V m m " m Cit � of Newport Beach 3 5 ° m � m ROLL CALL INDEX Use Permit No. 1962 (Amended) (Public Hearing) TtP� 45 Request to amend a previously approved use permit which allowed the installation of outdoor lights on 22 foot high standards in conjunction with three tennis courts at the Big Canyon Country Club. The proposed amendment is to permit the installation of outdoor lights on 20 foot high standards in conjunction with the two USE PERMIT remaining tennis courts on the property. n,n 1aF9 LOCATION: Portions of Blocks 55, 56, 92 and 93 of Irvine's Subdivision, located at One Big Canyon Drive, on the northwesterly corner of San Joaquin Hills Road and Big Canyon Drive on the Big Canyon Country Club property. ZONE: P -C 1rnwnr- • I 1111111 OWNER��. Same Casyapplicanty Club, Newport Beach The public hearing opened in connection with this item and the architect, representing Big Canyon Country Club, appeared before the Commission and requested approval of the amended use permit. Motion Motion was made for the approval of Use Permit No. 1962 All Ayes x X X X X (Amended), subject to the following findings and conditions, which MOTION CARRIED: fa7 V 7ibrexY7 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impacts. -35- February 9, 1984 N a m City of Newport Beach 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties. 4. The approval of Use Permit No. 1962 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. coNnIT7oNSe 11111111 1. That development shall be in substantial ,conformance with the approved plot plans and • elevations. • 2. That the lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 3. That the lights shall be turned off by 11:00 p.m. daily. -36- MINUTES INDEX MINUTES February 9, 1984 � ro moo m City of Newport Beach M R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX 1 0 Use Permit No. 3082 (Public Hearing) Request to permit the construction of a two -story office building and related off - street parking areas on property located in the Corona del .Mar Specific Plan Area where a specific plan has not been adopted and which exceeds 5,000 sq. ft. of floor area. It is also requested that the proposed office building be allowed to exceed the basic height limit of 32 feet in the 32/50 Height Limitation District. A modification to the Zoning Code is also requested inasmuch as a portion of the required off - street parking spaces are proposed as compact parking spaces. Item #6 USE PERMIT I NO_ 30A2 LOCATION: Parcel 2 of Parcel Map No. 152 -28, 29 _ (Resubdivision No. 659) located at 2121 APPROVED East Coast Highway, on the southwesterly CONDI- corner of East Coast Highway and Avocado TIONALLY- Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: West Coast Investment, Newport Beach OWNER: same as applicant The public hearing opened in connection with this item and Mr. Andrew Gianulias, representing the applicant, appeared before the Commission. Mr. Gianulias stated that this request is a reapplication of an office building which was previously approved by the Planning Commission. Mr. Brian Stapleton, resident of 706' Avocado, appeared before the Commission. Mr. Stapleton stated that he is not opposed to the proposed project. However, he expressed his concerns relating to the additional traffic, noise and lighting which will be generated by the proposed office building. He also expressed his concern with the security of the subterranean parking area during the evening hours. He further expressed his concern with the hours of the trash pick -up which will be utilized by the proposed use. -37- MINUTES February 9, 1984 � r m a m City of Newport Beach moo INDEX In response to a question posed by Chairman King, Planning Director Hewicker suggested that access to the subterranean parking area during the evening hours, may be controlled with the installation of wrought iron gates. He stated that the gates could be designed to prevent vehicular and pedestrian access to the subterranean parking area. Commissioner Goff suggested that the tire squealing noise generated by the subterranean parking area could he reduced if the parking surface utilized a rough broom finish. Planning Director Hewicker concurred. Planning Director Hewicker stated that this project was originally approved by the Planning Commission in February of 1981, but has subsequently expired because construction did not begin within the two year expiration date. He then suggested the following two additional conditions: • 38. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area, and in the Irvine Terrace and Jamboree Road areas. 39. Prior to the issuance of any Building and /or Grading Permits, the applicants shall pay their "fair- share" of Circulation Systems Improvements for the ultimate circulation system. Planning Director Hewicker stated this would be in addition to any circulation system improvements or traffic signals which may have been required as a part of the Traffic Phasing Ordinance. - In response to a question posed by Commissioner Kurlander, Planning Director Hewicker stated that the proposed two additional conditions could cost the . applicant approximately $100,000 to $110,000. -38- x r C 9 � m February 9, 1984 of NewDort Beach MINUTES M R O L L CALL X 1 1 1 1 1 1 1 1 INDEX In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the two additional conditions have been imposed by the City on all major office projects in the past couple of years. He stated that these conditions will bring the project current with 1984 standards. Mr. Gianulias expressed his concern that he had not been made aware of these additional conditions until tonight's meeting. Commissioner Balalis stated that Conditions No. 17 and 25, addresses the concerns expressed by Mr. Stapleton, relating to the lighting of the proposed project. He further stated that the two additional conditions as suggested by staff, have been imposed on other office projects in the past. Commissioner Kurlander stated that a condition should • be imposed relating to the installation of wrought iron gates for security purposes on the subterranean parking area. Commissioner Balalis concurred, however, he stated that the Coastal Commission may require the applicant to leave the parking area open to the general public, during the hours not utilized by the office use. Commissioner Kurlander stated that.this is not a surface parking lot, but rather a subterranean parking area. Motion K Motion was made for approval of Use Permit No. 3082, All Ayes X X X X X X X subject to the following findings and conditions of Exhibit "A ", to include the two additional conditions as suggested by staff, and that a security gate be installed at the entrance of the subterranean parking area, and that the parking area surface shall be rough broom finished, which MOTION CARRIED: n U FINDINGS: 1. That an Initial Study and Negative Declaration have been prepared, in compliance with the California Environmental Quality Act, the State EIR Guidelines and.City.Policy. -39- MINUTES February 9, 1984 � x i r � m m a m ° City of Newport Beach ROLL CALL INDEX 2. That the contents of the Initial Study and Negative Declaration has been considered in the decisions on this project. 3. That based upon the information contained in the Initial Study and Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. 4. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 5. Adequate off - street parking spaces will be provided for the proposed development. 6. The project will not have any significant • environmental impact, providing the mitigation measures set forth in the initial Study and Negative Declaration are incorporated in the final project design. • 7. Because the property slopes towards the rear of the proposed structure, and inasmuch as the roof top mechanical equipment is located at the rear of the structure, the visual impact of the structure is such that the building does not appear to exceed the height limit. 8. The building height would result in 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. 9. The building height would not result in undesirable or abrupt scale relationships being created between the structure and existing development, .inasmuch as the proposed structure will be lower than the Bank of Newport. 10. The structure will have no more floor area than could have been achieved without.the use permit. -40- MINUTES February 9, 1984 3 x m m City of Newport Beach � moo INDEX 11. That the proposed percentage of compact spaces is reasonable for the total number of parking spaces on the site. 12. That approval of Use Permit No. 3082 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 13. That although the gross buildable area of the project is 1.12, the actual development is only 1.01 times the buildable area when the unusable areas of the proposed atrium and second floor deck are deleted from the calculations. • I I 1 1 11.1 I CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. The project shall be designed to conform to Title 24, Paragraph G. Division T -20, Chapter 2, Subchapter 4. 3. Should any resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 and K -7. 4. That prior to the occupancy of the proposed structure the circulation system improvements described in the Revised Initial Study approved on July 22, 1982 shall have been accomplished. 5. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. . I I I I I I I I 6. The final design of the project shall provide for the sorting of recyclable material from other solid waste. -41- MINUTES February 9, 1984 � x m 6 m a m. City of Newport Beach m;o R O L L CALL I 1 1 1 III 1 I INDEX I 7. The applicants shall provide for weekly vacuum sweeping of all paved areas and drives. 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 9. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department. No features on the property including the landscaping, trees, flagpoles, sign poles, etc., shall exceed the roof top height of the proposed office building. 10. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. • 11. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. 12. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 13. That the grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 14. The grading permit shall include a description of haul routes, access points to the site and watering and sweeping program designed.to minimize impacts of haul operations. 15. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. I I I I I I I 16. That an erosion and siltation control plan, if required, be reviewed by the California Regional Water Quality Control Board - Santa Ana Region, 0 I I I 1 I ( I I and the plan be submitted to said Board ten days prior to any construction activities. -42- MINUTES February 9, 1984 9 X r a m m City of Newport Beach m 3 O M ROLL CALL I III III I I INDEX 17. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in any Covenants Conditions, and Restrictions which may be recorded against the property. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a.) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; • I I I I I I I b.) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c.) The City of Newport Beach will continue to oppose additional commercial area service expansions at the John Wayne Airport; d.) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 19. That any mechanical equipment and emergency power generators shall be screened from view in a manner compatible with the building material, and noise associated with said generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 20. That the Fire Department access shall be approved by the Fire Department • 11111111 21. That the structure on the project site shall be equipped with fire suppression systems approved by the Fire Department. -43- MINUTES February 9, 1984 m. City of Newport Beach INDEX 22. The proposed project shall incorporate an internal security system (i.e., security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Departments and approved by the Planning Department. I I I I I I 23. That the final design of on -site pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department. 24. Prior to the issuance of any building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available. 25. That nighttime lighting shall be limited to that necessary for security to be approved by the Planning Department and that nighttime lighting shall be shielded from surrounding properties. • All permitted signs on the site shall only be externally illuminated. 26. Interior circulation, parking traffic control, sign locations and directional signs shall be approved by the Traffic Engineer. 27. A plan shall be submitted to the Traffic Engineer for approval that insures adequate control over the use of the proposed tandem parking spaces. 28. That all improvements be constructed as required by ordinance and the Public Works Department. 29. That vehicular access to the subject property be taken from Avocado Avenue. 30. That approximately 50 feet of deteriorated curb and gutter and 100 feet of deteriorated sidewalk be reconstructed on Avocado Avenue. 31. That the displaced sidewalk along East Coast Highway, where it is displaced adjacent to the curb, be reconstructed. 32. That all work within the East Coast Highway • right -of -way be done under an encroachment permit issued by the California Department of Transportation. -44- MINUTES February 9, 1984 v m m a m ° City of Newport Beach INDEX 33. That a standard agreement with accompanying surety be provided to guarantee the satisfactory completion of the improvements if it is desired to obtain a building permit before completing the public improvements. 34. That all on -site drainage from dewatering systems and sumps be conveyed in a pipe to a public storm drain system. Pipes constructed in public right -of -way shall meet storm drain standards approved by the Public Works Department. 35. That the access drive to the underground parking structure be designed to provide adequate sight distance for exiting vehicles to see pedestrians on the sidewalk prior to the bumper crossing the property line. 36. That all handicap parking spaces shall have a minimum of 8' -2" vertical clearance. • 37. Ramps shall not exceed 15% grade, except those providing access to parking shall not exceed 56. All ramp designs shall be subject to further review and approval by the Public Works and Building Departments. 38. Prior to issuance of any building permits authorized by the approval of this use permit, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area, and in the Irvine Terrace and Jamboree Road areas. 39. Prior to the issuance of any Building and /or Grading Permits, the applicants shall pay their "fair- share" of Circulation Systems Improvements for the ultimate circulation system. 40. That a security gate shall be installed at the entrance of the subterranean parking area so as to prevent vehicular and pedestrian access to said • area during the evening hours. 41. The parking area surface shall be rough broom finished. � a -45- COMNUSSIONERS MINUTES February 9, 1984 r City of Newport Beach ROLL CALL INDEX Use Permit No. 3041 (Revocation) (Public Hearing) Item #7 Request to consider the revocation of Use Permit No. 3041, which allowed the establishment of the Papagayo's take -out restaurant with incidental dining and the service of on -sale beer and wine on property located at 209' Palm Street in the C -1 District. Said revocation proceedings are for failure to comply with required USE PERMIT conditions of approval. NO. 3041 Revocation) LOCATION: Lots No. 5, 6 and 7, Block 5, Balboa Tract, located at 209' Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. ZONE: C -1 NO ACTION - APPLICANT: Bruce Davidson, Balboa TAKEN ON - REVOCATION • OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach • The public hearing opened in connection with this item and Mr. Robert Stanley, representing the applicant, appeared before the Commission. Mr. Stanley thanked the staff and the Planning Commission members for their guidance in resolving this issue. He further stated that all of the Building Code violations have been corrected. Mr. William Laycock, Current Planning Administrator, stated that all of the conditions of approval have been met by the applicant. In response to a question posed by Commissioner Goff, Mr. Laycock referred to the Planning Commission Minutes dated August 4, 1983, and stated that Condition No. 12 gives the Planning Commission the authority to add and /or modify conditions of approval to this use permit upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health,. safety or welfare of the community. -46- COMNUSStONERS . MINUTES February 9, 1984 v m m st a m ° City of New mart Beach ROLL CALL I INDEX In response to a question posed by Commissioner Kurlander, Mr. Laycock stated that the required in -lieu parking fees have been paid by the applicant. Motion I X Motion was made to take no action on the revocation, in All Ayes X X X X that the Planning Commission has made a determination that the applicant has conformed to the originally imposed conditions of approval, which MOTION CARRIED. x x x Resubdivision No. 771 (Public Hearing) Iltem #8 OWNER: - Same as applicant The public hearing opened in connection with this item and Mr. Brion Jeannette, representing the applicant, appeared before the Commission. Mr. Jeannette described the proposed resubdivision and stated that the proposal will preserve the views to the adjoining residential properties. He stated that the height restriction can be accomplished through a deed restriction which would preserve the views in perpetuity. -47- Request to resubdivide an existing single parcel of land into two parcels for single family residential purposes. The proposal also includes a request for an • exception to the Subdivision Code so as to allow the creation of two interior parcels with less than 50 foot widths, and the acceptance of an environmental RESUB- document. DIVISION NO. 771 LOCATION: Lot No. 29, Block E, Tract No. 1219, located at 1021 Kings Road, on the southerly side of Kings Road between St. Andrews Road and Signal Road, in Cliff Haven. Continued ZONE: R -1 to March 8, 1984 APPLICANT: Charles Winfield, Newport Beach - OWNER: - Same as applicant The public hearing opened in connection with this item and Mr. Brion Jeannette, representing the applicant, appeared before the Commission. Mr. Jeannette described the proposed resubdivision and stated that the proposal will preserve the views to the adjoining residential properties. He stated that the height restriction can be accomplished through a deed restriction which would preserve the views in perpetuity. -47- February 9, 1984 F � r v m m A City of Newport Beach Mr. Jeannette stated that they have presented the proposed project to the Cliff Haven Community Association. He stated that 92 residents of the area have been informed of the proposed request. He stated that 64 persons were in favor of the request, 8 persons were opposed, and the remainder chose to take no position. Mr. Jeannette requested that this item be continued so as to meet further with the members of the Cliff Haven Community Association. Ms. Barbara Whitford, President of the Cliff Haven Community Association, appeared before the Commission. Ms. Whitford stated that Cliff Haven is a unique residential area and is protected by CC &R's. She stated that the board members have overwhelmingly turned down the proposed request. She expressed their concern that approval of this lot split may set a • I I I I I I I precedence. She stated that they agree to the concept of the request and the height restriction, however, she stated that they are concerned with the "domino affect" and future ramifications in granting such an approval. Ms. Whitford expressed their concern that the persons who were in favor of the proposed project, as stated by Mr. Jeannette, may not have been aware of the significance and precedent setting nature of granting such an approval. She urged the Planning Commission to deny the proposed request. Commissioner Balalis suggested that the members of the Cliff Haven Community Association be polled as to their opinion of the proposed project. He further suggested that the poll could be conducted at the applicant's expense. Ms. Whitford concurred and stated that this could be accomplished. Mr. Luther Swink, resident of 1001 Kings Road, stated that the proposed request would be. an asset to the surrounding neighborhood. He stated that he is in favor of the height restriction and that the proposed residences would be lower in height than the existing residence on the site. He stated that many of the larger residences constructed along Kings Road, are not 40 11111111 compatible with the area. Boo MINUTES INDEX MINUTES X February 9, 1984 � r m O m City of Newport Beach j INDEX Mr. George West, resident of 412 Snug Harbor Road, requested that the proposed resubdivision be denied. He expressed his concern that the requested polling of the residents of the area will not change the precedent setting nature of this project. In response to a question posed by Commissioner Balalis, Mr. West stated that perhaps the signatures gathered by the applicant were selective in favor of the proposed request. Commissioner Balalis stated that it is important for the members of the community association to be made aware of the proposed request, before a decision can be reached. Commissioner Kurlander concurred. Mr. Jeannette stated that Kings Road is a unique area within Cliff Haven. He stated that the size of the lot, the steepness of the slope and the proposed view preservation of this particular lot must be taken into consideration when making a determination on this • request. In response to a question posed by Commissioner Person, Mr. Jeannette stated that the applicant would be agreeable in conducting a poll as suggested by Commissioner Balalis. Chairman King suggested that Mr. Jeannette coordinate the poll with Ms. Whitford. Ms. Whitford stated that ideally, a solution may be developed which would be unique, only to this particular one site, and would not set a precedence in the area. Mr. Mel Kiddie, resident of 1100 Cliff Drive, stated that many residents of the area did not attend the meeting this evening, because many were told that this item would be continued. He stated that there are at least 9 lots within Cliff Haven, which could be affected by the Commission's decision on the proposed request. He stated that he concurs with the height restrictions of the proposed project, however, he expressed his concern with the precedent setting nature of the project. Motion Motion was made to continue this item to the Planning All Ayes X X % X X Commission Meeting of March 8, 1984, in order for the applicant to conduct a poll of the community association members, which MOTION CARRIED. x COMMSSIONERS S R � r v m m c w a m � o m MINUTES February 9, 1984 {' Cat Of Newport Beach ROLL CALL INDEX Site Plan Review No. 34 (Discussion) Item #9 Request to permit the expansion of an existing marine and shipyard facility on property located in the Recreational Marine Commercial area of the Mariner's Mile Specific Plan area. Said expansion will include the construction of a new multiple use building, .containing marine related, commercial floor area, SITE PLAN. storage and a marine repair shop on the ground floor REVIEW and marine related offices on the second floor. NO. 34 LOCATION: A portion of Lot H, Tract No. 616, located at 2505 & 2507 West .Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club, in the Mariner's Mile Specific Plan Area. APPROVED CONDI- ZONE: SP -5 TIONALLY . APPLICANT: Turnstone Corporation, Newport Beach OWNER: Same as applicant The discussion opened in connection with this item and Mr. James Evans, representing the applicant, appeared before the Commission and requested approval of the site plan review. Commissioner Balalis suggested an additional condition which would provide for an irrevocable offer of dedication for a continuous walkway on the bayside. He stated that he is concerned with lateral access across the waterfront, as well as access to the waterfront. Mr. Robert Gabriele, Assistant City Attorney, suggested the following condition:: That the permittee execute an irrevocable offer to dedicate a public walkway easement 10 feet in width to permit access for pedestrians from West Coast Highway to the bay and a 10 foot wide lateral access across the waterfront, subject to the limitation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a boatyard or any other • ( I I I I I I permitted use which would involve an operation rendering such public walkway easements a hazard to pedestrians. -50- MINUTES February 9, 1984 TH m City of Newport Beach E R O L L CALL I 1 1 1 III I I INDEX Motion All Ayes U • In response to a question posed to Chairman King, Mr. Evans stated that they would be agreeable to such a condition, as long as the easements are not required while there is a shipyard operating on the property. Motion was made for approval of Site Plan Review No. X X X 34, subject to the following findings and conditions, including the additional condition relating to the offer of dedication, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect the public benefits derived from the expenditures of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the specific area plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 7. 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 the proposed development. -51- � x � r v m m February 9, 1984 itv of Newport Beach CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That a restrictive covenant, approved as to form and content by the City Attorney, guaranteeing that 24 parking spaces shall be available at all times for the benefit of the uses at 2505 and 2507 West Coast Highway, shall be recorded with the County Recorder. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That a standard site plan review agreement and • accompanying surety be provided in order to guarantee satisfactory completion of the public improvements. • 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That the existing drive apron be reconstructed per City Standard 166 -L along the West Coast Highway frontage; that the existing fire hydrant be relocated if required and that all work be completed under an encroachment permit issued by California Department of Transportation. 7. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department; that the design of the new portions of the bulkhead be approved by the Building Department and Marine Department. -52- MINUTES INDEX COMMISSIONERS MINUTES February 9, 1984 X � r a w. City of Newport Beach m�o y ROLL CALL INDEX 8. That the permittee execute an irrevocable offer to dedicate a public walkway easement 10 feet in width to permit access for pedestrians from West Coast Highway to the bay and a 10 foot wide lateral access across the waterfront, subject to the limitation that the City will not exercise or require the irrevocable offer to dedicate so long as the property is operated as a boatyard or any other permitted use which would involve an operation rendering such public walkway easements a hazard to pedestrians. x • x Amendment No. 602 (Public Hearing) Item #10 • Request to consider amending Title 20 of the Newport Beach Municipal Code so as to amend the definition of the term "Family ". AMENDMENT NO. 602 INITIATED BY: The City of Newport Beach In response to a question posed by Chairman King, Planning Director Hewicker stated that the City Attorney's Office is comfortable with the proposed APPROVED definition of the term "Family ". In response to concerns expressed by Chairman King, Mr. Robert Gabriele, Assistant City Attorney, stated that the Santa Barbara vs. Adamson decision made it clear that it is the lifestyle and not the license or the blood which must be considered. Motion X Motion was made to adopt Resolution No. 1112, RESOLUTION Ayes X X X X X X recommending approval of Amendment No. 602 to the City NO, 1112 Abstain N Council, subject to the following changes to Section 20.87.180 of the Municipal Code, which MOTION CARRIED: • -53- MINUTES February 9, 1984 � r City of Newport Beach M ROLL CALL I I I I I I I I I INDEX 20.87.180 FAMILY The term "family" shall mean: (1) any group of persons living as a single housekeeping unit within a dwelling unit as defined in Section 20.87.140 of the Newport Beach Municipal Code. (2) The term "family" shall not apply to residential care facilities for six or fewer developmentally disabled, mentally disordered, or otherwise handicapped persons. x x Resubdivision No. 674 (Extension) (Discussion) Item #11 • Request a two year extension of time for an approved resubdivision that permitted the creation of one parcel of land for sale purposes, one parcel designated as "not a building site ", and one residual parcel to be held for future development, and the acceptance of an RESUB- environmental document. q DIVISION LOCATION: A portion of Lot 2 of Tract No. 1125, located at 200 Dover Drive on the easterly side of Dover Drive between Westcliff Drive and Cliff Drive, on the Castaways property. ZONE: P -C TWO YEAR EXTENSION APPROVED APPLICANT: - The Irvine Company, Newport Beach OWNER: Same as applicant ENGINEER: Robert Bein, William Frost & Associates, Newport Beach The discussion opened in connection with this item and Mr. Dave Dmohowski, representing The Irvine Company, appeared before the Commission and requested approval • of the extension. =54- MINUTES February 9, 1984 m ° m City of Newport Beach INDEX Motion Motion was made for approval of a two (2) year All Ayes X X X X� extension for Resubdivision No. 674, subject to the following findings and condition, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITION: • 1. That all the conditions of approval of Resubdivision No. 674 be fulfilled as approved by the Planning Commission on January 22, 1981. t General Plan Amendment 83 -1(b) (Public Hearing) ILtem #12 Consideration of an amendment to the Land Use and Residential Growth Elements of the Newport Beach General Plan, for property located within Area 11 of GENERAL the Harbor -View Hills Planned Community, more PLAN specifically identified as all the property included in AMENDMENT Annexation No. 89, so as to'establish a designation of 83 -1(b) "Low- Density Residential" uses for the subject property. INITIATED BY: The City of Newport Beach 'APPROVED 41 I I I I I I I The public hearing opened in connection with this item, there being no one present to discuss this item, the following motion was made: -55- COMMISSIONERS MINUTES February 9, 1984 m m City of Newport Beach LL CALL 171 1 INDEX Motion All Ayes Motion All Ayes • 0 XIXIX IX IX Motion was made to adopt Resolution No. 1111, recommending approval of General Plan Amendment 83 -1(b) to the City Council, which MOTION CARRIED. � * e ADDITIONAL BUSINESS Excused Absence Motion was made to excuse Commissioner Person from the Planning Commission Meeting of February 23, 1984, which MOTION CARRIED. There being no further business, the Planning Commission adjourned at 12:45 a.m. James Person, Secretary City of Newport Beach Planning Commission -56-