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Home My WebLink About03/02/1978COMMISSIONERS �C` \y0?\ MOLL GALL. Absentt I XI XI XI XI XI XI City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: March 2, 1978 Mo ti on sent IXXIXIXIXIXIX EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant.City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning David Dmohowski, Advance Planning Administrator Beverly Wood, Environmental Coordinator Robert P. Lenard, Senior Planner Shirley Harbeck, Secretary MINUTES Minutes of the Regular Meeting of February 9, 1978, were approved with the following revision: That an additional finding be included under Item #2, Resubdivision No. 572, Page 4, as follows: "4. Based on the foregoing, the site is not physically suitable for the proposed density of development." (Request to subdivide 10.36 acres into 29 lots for residential development, and two lots to be developed as landscape open space. Location: Portion of Blocks 53 and 54, Irvine's Subdivision, located southwesterly of Westcliff Drive between Dover Drive and Santiago Drive in Westcliff. I Zone : P -C Applicant: The Irvine Company, Newport Beach. Owner: Same as Applicant Engineer: Simpson - Steppat, Newport Beach Page 1. INOtx Item #1 FINAL MAP. TR 9620 APPROVED C NNDDI-- — TINELY COMMISSIONERS i�Ap 4 P0LL CALL Motion Ayes Noes Abstain Absent Motion City of Newport Beach March 2. MINUTES i IN D<X i was opened in connection with this i Keith Greer appeared before the Commis - ?half of The Irvine Company and concurred staff report and recommendations. ig no others desiring to appear and be >lic discussion was closed. made that Planning Commission recommend ty Council approval of Final Map Tract subject to the following condition: ill applicable conditions of approval e tentative map of Tract No. 9620 shall Ifilled. ner Haidinger abstained because he was t when the original tentative map was I tem #2 create one parcel of land for office RESUB- im development. DIVTSYDN NU. 577 Parcel No. 1 of Parcel Map 102 -2 (Resubdivi.sion No. 549), located APPROVED at 18 Corporate Plaza on property CND I�- bounded by Newport Center Drive, Farallon Drive, Avocado Avenue, and East Coast Highway in Corporate Plaza. P -C Evergreen, Ltd. (a California Limited Partnership), Newport Beach Same as Applicant Simpson- Steppat, Newport Beach (ring was opened in connection with this i there being no one desiring to appear 3rd, the public hearing was closed. s made that Planning Commission make the findings: Page 2. Discussio matter an sion on b with the There bei heard, pu X Motion wa X X X X to the Ci X No. 9620, X X 1. That for t be fu Commissio not pre s en discussed Request t condomini Location: Zone: Applicant Owner: Engineer: Public he matter an and be he X Motion wa following MINUTES i IN D<X i was opened in connection with this i Keith Greer appeared before the Commis - ?half of The Irvine Company and concurred staff report and recommendations. ig no others desiring to appear and be >lic discussion was closed. made that Planning Commission recommend ty Council approval of Final Map Tract subject to the following condition: ill applicable conditions of approval e tentative map of Tract No. 9620 shall Ifilled. ner Haidinger abstained because he was t when the original tentative map was I tem #2 create one parcel of land for office RESUB- im development. DIVTSYDN NU. 577 Parcel No. 1 of Parcel Map 102 -2 (Resubdivi.sion No. 549), located APPROVED at 18 Corporate Plaza on property CND I�- bounded by Newport Center Drive, Farallon Drive, Avocado Avenue, and East Coast Highway in Corporate Plaza. P -C Evergreen, Ltd. (a California Limited Partnership), Newport Beach Same as Applicant Simpson- Steppat, Newport Beach (ring was opened in connection with this i there being no one desiring to appear 3rd, the public hearing was closed. s made that Planning Commission make the findings: Page 2. R COMMISSIONES °M =ER City of Newport Beach MINUTES �p Marrh 7. 197A DOLL CALL 1. That the map meets the requirements of Titl 19 of the Newport Beach Municipal Code, all .ordinances of the City, all applicable gene or specific plans and the Planning Commissio is satisfied with the plan of subdivision. 2.. That the proposed resubdivisio.n presents no problems from a planning standpoint. and approve Resubdivision No. 577, subject to tY>< .following .conditions: 1., That a parcel map be filed. 2. That all applicable conditions of approval Resubdivision No. 465 be fulfilled. 3. That there shall be submitted a declaration covenants, conditions and restrictions sett forth an enforceable method of insuring the • installation and continued maintenance of a services to be carried out by the managemen company. Said services shall include, but be limited to, installation, maintenance, rehabilitation, and replacement of the strui ture, the landscaping, the parking areas an all other common areas. Said C.C.& R.s sha be reviewed and approved by the City Attorn and the Director of Community Development. Commissioner Hummel felt that the construction additional facilities in that location as this time, with the present inadequacy of the street and drainage system, was not appropriate and advised he could not support the motion. Planning Commission briefly discussed the issue Corporate Plaza Planned Community and it was pointed out that this area was approved with phased development by both the City and the Coastal Commission, of which this resubdivision is a part. Ayes X X X X X Following discussion, motion was voted on and Noes X carried. Absent X Page 3. INOLX e rat n for of ing 11 t not d 11 ey of of COMMISSIONERS City of Newport Beach DOLL CALL March 2, 1978 Request to Consider Draft Work Program for Local Coastal. Program. Initiated by: The City of Newport Beach MINUTES Community Development Director Hogan introduced the report and advised there were two parts to the work program, one being the issue identifica- tion which was previously approved and the other being the work program which is the timing and layout of the studies to be accomplished in order to address the issues. Advance Planning Administrator Dmohowski commented on the Coastal Commission policies.which should be given consideration during deliberations on the various undeveloped sites within the City under the current General Plan review. These policies include: Visitor serving facilities and coastal dependant uses shall be given priority over other development; views, bluffs and other scenic resources shall be protected; public access, lower -cost visitor and recreation facilities shall be provided. Senior Planner Lenard, Project Director for the Coastal Plan Program, appeared before the Commission and summarized the work program and issue identification report. The following key issues were recommended for inclusion on Page 45 of the report: 15. Preservation of commercial fishing facilities. 16. Potential obstruction of views to and along the ocean should be considered. 17. Grading and bluff top development policies 18. Adequacy of public facilities on beaches. Funding of the various programs mandated by the State as a result of the Local Coastal Program was discussed by the Commission and it was felt that this issue should be addressed in the issue identification and work program. Page 4. INOIX bill C, J • COMMISSIONERS 1 City Of Newport Beach , MINUTES March 2, 1978 "OLL CALL Planning Commission discussed and concurred that removal of waste such as silt, trash, grease, etc. should also be addressed under the issue of Water and Marine Resources on Page 29. Public hearing was opened in connection with this matter. Sue Ficker, 110 9th Street, Balboa, commented that the mouth of the Santa Ana River was the habitat of endangered species and therefore should disqualify any construction of a harbor. Ronald Kennedy, Corona del Mar Homeowners Associa- tion, 550 Hazel, commented on the Coastal Commis- sion boundaries which separates Corona "del Mar into two areas. Frank Robinson, resident of Westcliff, felt that the issue of North Star Beach in Upper Newport Bay should be addressed on Page 22 and that the • issue of the mouth of Big Canyon on the east side of the Bay should be addressed because of its ecological value. He also felt that the issue of the present destruction of the bluffs due to siltation and erosion around Upper Newport Bay should be addressed. John Butler, 912 West Balboa Boulevard, member of the Central Newport Beach Homeowners Association commented on parking and the need to include the issue of parking under major public works for Area 1. Preston Johns, 413 East Balboa Boulevard, Depart- ment of Fish and Game, recommended a change to the wording of the last sentence under Existing Uses in Area 10 to read, "There is substantial vacant land outside the Upper Newport Bay Ecologi- cal Preserve remaining undeveloped." He further commented on the objectives of the Department of Fish and Game and felt they should be included in the report; that the Back Bay Sewerline _should be removed from major projects as permits were denied by the Coastal Commission and an alternate route was selected; that the mouth of the Santa • Ana River was the habitat of two endangered . and should be noted in the policies so as species to preclude any conflict with the Endangered Species Act; that terminology be added to the Page 5. /NCRX COMMISSIONERS City of Newport Beach MOLL CALL Motion Ayes Absent March 2. 19 MINUTES effect that any development proposal will be considered with the objectives adopted by the Department of Fish and Game; that the marsh restoration program be mentioned under Policy D.1. on Page 40 of the report; that Policy D.4. on Page 40 was applicable and should be revised; that Policy G. on Page 41 be expanded as to proposed action; and that the bluffs be included as a hazardous area under Policy I on Page 41. Hal Thomas, 908 West Balboa Boulevard, commented on the issue of soils and erosion and felt that the report was vague on some of the issues. Louise Greely, 16 Swift Court, commented on the vacant Caltrans property in West Newport. Sue Ficker, 110 9th Street commented on drainage into the Bay and felt that the related problems such as siltation, runoff, fertilizers, etc. should be addressed. Bob Joseph, State Coastal Commission, commented on cooperative planning between the City and the County on properties of mutual interest and the related funding; felt that each task should be considered separately; and that the South Coast Regional Commission Staff and the City Staff should meet to review the document prior to its review by the City Council. Following discussion, motion was made to continue this matter to the meeting of March 16, 1978, in order that the various suggestions and recommenda- tions could be incorporated into the report and brought back to the Commission for review. Planning Commission recessed at 8:55.P.M. and reconvened at 9:05 P.M. Page 6 INOax 7J • E COMMISSIONERS N\9 City of Newport Beach MINUTES Marrh 9. 107A MOLL CALL Request to establish an automobile rental and service facility in the C -1 -H District. Location: Portions of Lots 80 and 81, Tract No. 706, located at 2121 Bristol Street, on the southwesterly side of Bristol Street, southeasterly of Irvine Avenue, near the Orange County Airport. Zone: C -1 -H Applicants: Michael W. Mayfield and Larry D. Hooper, dba Budget Rent -A- Car /Ora County Airport, Santa Ana Owner:. Exxon Company U.S.A., Orange • Public hearing was opened in connection with thi matter. Mike Mayfield appeared before the Commission on behalf of the applicant and concurred with the staff report and recommendations with the except of the requirement for solid masonry walls becac they would not be consistent with adjacent fence and walls on adjoining properties. He voiced concern with the attitude of the landlord towarc construction of block walls and advised that his lease was for a relatively short term and points out that a chain link fence could easily be removed should the land be used for other purpos Staff advised that the reason for the recommends tion was that they felt a masonry wall was visua more attractive from the street than that propo<_ Staff had no objection to lowering the height of the wall to be consistent with existing walls. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tF Ayes X X X X X X following findings: sent X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding.land uses. Page 7. ng s for se s s d es. 11� ed. e INOVIX 10NER COMMI888 'oMMISS yo R City Of Newport . Beach MINUTES A1� ;m< March 2, 1978 /BOLL CALL 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The approval of Use Permit No. 1858 will not under the circumstances of this case be detr mental to the health, safety, peace, morals, comfort and general welfare of persons resid ing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1858, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, except as noted in Conditions of Approval Nos. 2 and 3 below. 2. That 6 foot high solid masonry walls shall b provided in areas viewed by the public.adjac to the Irvine Avenue and Bristol Street.fron ages of the site in lieu of the chain link fences proposed by the applicants. Said wal shall be set back at least 5 to 10 feet fron the.rights -of -way of the public streets. 3. five (5) to ten (10) foot wide landscape planters shall be provided in front of the proposed enclosures along the Irvine Avenue Bristol Street frontages of the subject pro- perty. A landscape plan for said planter ar shall be submitted to and approved by the Director of Parks, Beaches and Recreation. The landscaping shall be implemented in accordance with the approved plan and the landscaping shall be permanently maintained. 4. No major automobile repairs on rental auto- mobiles shall be permitted in conjunction with the proposed development. 5. All mechanical equipment and trash areas sha be screened from adjoining properties and fr adjoining streets. Page 8. INCIM Y s i- e en' t- ls an ea 11 om COMMISSIONERS City of Newport Beach 10 PA ? March 7. 1978 wOLL CALL 6. Al exterior lighting shall be approved by . the Department of Community Development. 7. Any direct vehicular access from the site to Irvine Avenue or Bristol Street in the futur shall be approved by the City Traffic Engine 8. That a 10 foot wide strip of land along Irvi Avenue be dedicated to the public for street and highway purposes. 9. That the proposed new building be provided with domestic water service in conformance with the requirements and standards of the Santa Ana Heights Water Company. 10. That the proposed new building be provided with a sewer connection in conformance with the requirements of the Costa Mesa Sanitary District. Commissioner Balalis stepped down from the dais and refrained from deliberation on Items #5, #6, and #7, due to a possible conflict of interest. Items #5, #6, and #7 were heard concurrently because of their relationship, however, separate action was taken on each item. Request to permit the construction of a.Bank of Newport office complex that exceeds the basic height limit within the 32/50 Foot Height Limita tion District in the Unclassified District, and the acceptance of an environmental document. Th proposal also includes a drive -up teller facilii and a 72' high flag pole. A portion of the exis ing Sandpiper Inn and related commercial uses will be removed from the site in conjunction wit the proposed development. Furthermore, the con- . version of existing apartment units into resider tial condominium units is proposed at the rear Page 9. MINUTES INOKX ae Item #5 USE PERMIT. 90. 1 557 . APPROVED e Z`6NDI — y TAN LY t 7 COMMISSIONERS MOLL CALL City of Newport Beach March .2, 1978 MINUTES INOUX ,ject property. A portion of the exislat complex will also be converted into 11 condominium units. of the sut Lot 182, Tract.No..2813, located 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, ing motel Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Unclassified residentii Bank of Newport, Newport Beach Same as Applicant Location: amend a portion of Districting Map No.. AMENDMENT ie Unclassified District to the R -3 NUTSO3 ind the C -1 District, and to establish icks for existing and proposed develop- Zone: he site. Lot 182, Tract No. 2813, located at 2.101 and 2121 East Coast Highway an 777 Avocado Avenue on property Applicant bounded by East Coast Highway, Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Owner: Unclassified Bank of Newport, Newport Beach Same as Applicant Request ti Item #7 o subdivide 5.507 acres into one lot for TENTATIV family residential condominium development MAP TRAM of for commercial development, adjacent to 24 from tl rrace. APPROVED Page 10. CON- TIGNALLY District yard setb+ ment on t Location: Zone: Applicant Owner: Request t multiple and one 1 Irvine Te MINUTES INOUX ,ject property. A portion of the exislat complex will also be converted into 11 condominium units. Lot 182, Tract.No..2813, located 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Unclassified Bank of Newport, Newport Beach Same as Applicant Item #6 amend a portion of Districting Map No.. AMENDMENT ie Unclassified District to the R -3 NUTSO3 ind the C -1 District, and to establish icks for existing and proposed develop- APPROVED. he site. Lot 182, Tract No. 2813, located at 2.101 and 2121 East Coast Highway an 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Unclassified Bank of Newport, Newport Beach Same as Applicant Item #7 o subdivide 5.507 acres into one lot for TENTATIV family residential condominium development MAP TRAM of for commercial development, adjacent to N 7 rrace. APPROVED Page 10. CON- TIGNALLY COMMISSIONERS 9i 19yCL KNOLL CALL r� U City of Newport Beach March 2, 1978 MINUTES ' Lot 182, Tract No. 2813, located at 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Unclassified Bank of Newport, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach sented and reviewed with the Commission ental report relative to the parking for taurant.and recommended additional s of approval to provide for parking and tween properties. Staff answered ques -. the Commission relative to density, in facilities, drainage, setbacks, and following which, public hearings were opened. er, Ficker & Ruffing, Architects, appearei e Commission on behalf of the applicant. lly agreed with the staff report and ations and commented on the adequacy of nd their intent to make this project a' ss development with complete landscaping .ment refurbishing. He reviewed the ayout and concurred with providing n access between the site and Kam's it but was somewhat reluctant with respect filar access between the properties because no control over Kam's Restaurant or the 'or the restaurant. Mr. Ficker answered of the Commission relative to alternativ irculation, parking, setbacks, project in, recreational amenities, refurbishing iartments proposed for condominium conver- I density. r, 1601 Bayadere Terrace, appeared before ission in favor of the proposed project an i that the proposed development provide on Kewamee, a wall along Zahma, and ng adjacent to the street. He commented Page 11. IN0ax Location: Zone: Applicant Owner: Engineer: Staff pre a supp,lem . Kam's Res condition access.be tions of recreatio parking, Bill Fick before th He genera recommend parking a first cla and apart parking 1 pedestria Restaurar to vehicL they have parking f questions access, c completic of the aF sion, anc Val Skorc the Comm! requester sidewalk! landscapi MINUTES ' Lot 182, Tract No. 2813, located at 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewamee Drive, and Zahma Drive, adjacent to Irvine Terrace. Unclassified Bank of Newport, Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach sented and reviewed with the Commission ental report relative to the parking for taurant.and recommended additional s of approval to provide for parking and tween properties. Staff answered ques -. the Commission relative to density, in facilities, drainage, setbacks, and following which, public hearings were opened. er, Ficker & Ruffing, Architects, appearei e Commission on behalf of the applicant. lly agreed with the staff report and ations and commented on the adequacy of nd their intent to make this project a' ss development with complete landscaping .ment refurbishing. He reviewed the ayout and concurred with providing n access between the site and Kam's it but was somewhat reluctant with respect filar access between the properties because no control over Kam's Restaurant or the 'or the restaurant. Mr. Ficker answered of the Commission relative to alternativ irculation, parking, setbacks, project in, recreational amenities, refurbishing iartments proposed for condominium conver- I density. r, 1601 Bayadere Terrace, appeared before ission in favor of the proposed project an i that the proposed development provide on Kewamee, a wall along Zahma, and ng adjacent to the street. He commented Page 11. IN0ax COMMISSIONERS s� 4L City of Newport Beach v 3 March 2. 1978 MOLL CALL on the need for a stop sign on Avocado at Kewame and a signal at Avocado and Coast Highway. Jim Forsythe, 2015 Chabasco Drive, appeared befa the Commission and voiced concern with their los of privacy and requested that a higher wall be constructed on the parking structure as well as along the street. He also questioned the adequa of landscaping in the site distance cone and Bil Frost appeared before the Commission to clarify the meaning and location of the site distance ca Donald Christianson, Vice President of the Irvin Terrace Homeowners Association, appeared before the Commission in favor of the development and felt it was a welcome improvement to the area. He commented on the landscaping and advised that the Homeowners Association was presently in the process of relandscaping the area and requested that the applicant get together with the associa tion in order to coordinate the landscaping. David Smiley, 518 Angelita, appeared before the Commission and voiced concern with the height variance and possibility of setting a precedent. Eleanor Forsythe, 2015 Chabasco, appeared before the Commission to comment in favor of the develc ment, however, she requested that a 6 foot wall constructed on the parking structure rather than the proposed 4 foot wall because anything less would create a loss of privacy on their property Bill Ficker appeared before the Commission in response to the request for a 6 foot wall and pointed out that the parking structure would be set back further than the existing apartments which are to be demolished and felt that a 4 foc wall with landscaping would be more desirable ar still provide the necessary privacy on adjacent property. In any case, he requested the opportL to work with the community association on this matter rather than having a specific height designated at this time. Planning Commission discussed parking at Kam's Restaurant and the access connection between the lot and that of the proposed development, They also discussed installation of the traffic signa at Avocado and Coast Highway and voiced concern Page 12. MINUTES • INCUL e re s cy 1 n e. e p- be t d nil it 1 COMMISSIONERS City of Newport Beach MINUTES _p MArrh 9. 1Q7R MOLL CALL with the impact of the proposed development on,tl residential neighborhood without a traffic signa' at that intersection. Staff advised that the proposed signal was high on the priority list but could not.be more specific because.of the permit process and increased shortage of f- unding Bill Ficker appeared before. the Commission to concur on the need for a signal at the intersec tion of Avocado and Coast Highway and advised they.would be willing to participate in a share of the funding for the signal in order to achiev installation as soon as possible. There being no others desiring to appear and be heard, the public hearings were closed. Motion X Following discussion, motion was made that Plann Ayes X X X X mcfiebelmadeental document; th the sent X X following findings 1. The proposed development is consistent with the General Plan,. and is compatible with surrounding land uses. 2. Adequate offstreet parking spaces will ,be provided for the proposed development. 3. The project will not have any significant environmental impact. 4. The building height would result in more public visual open space than is required by the basic height limit. 5. 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 require by the basic height limit. 6.• The building height would not result in undo able or abrupt scale relationships.being created between the structure and.existing development. 7. The structure will have no more floor area • than could have been achieved without the u! permit. Page 13. INO \.X le ing UP -1857 at NO sir ;e COMMISSIONERS City Of Newport Beach MINUTES * March 2. 1978 POLL. CALL B. The approval of Use Permit No. 1857 will not under the circumstances of this case be detr mental to the health, safety, peace, morals, comfort and general welfare of persons resid ing 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. and that Use Permit No. 1857 be approved, subjec to the following conditions: 1. That all conditions of approval for tentativ map of Tract No. 10274 be fulfilled. 2. That the two controlled entrances for Lot 2 be subject to further review by the Public Works Department and the Fire Department. I addition, the final design of the.two.contrc led entrances shall be approved by the Publi Works Department and the Fire Department. 3. That fire hydrants be provided as required h the Public Works Department and the Fire Department. 4. Use of 8 ft. X 18 ft. compact and tandem par ing spaces not be permitted. The site plan contains adequate room to reduce overwidth stalls and aisles to obtain the same number of parking stalls without compact spaces. 5. Interior circulation, parking, traffic contr sign locations and directional signs be approved by the Traffic Engineer. 6. Lot 2 - Condominiums - Access to parking garages shall be approved by the Traffic Engineer. (24 ft. opening required.) 7. Garages for Building No. 7 be set back 20 fe minimum from private road or made flush with Building No. 6. 8. Location of the drive -up bank teller shall t approved by the Traffic Engineer. 9. Construction shall meet the requirements for Fire Zone #2 - C -1 District. Page 14. INOIX i- t e n 1- c VA k- of et e MISSIONERS COM City of Newport Beach +�44 Marrh 7_ IQ79 MOLL CALL 10. Separate permit required for the gasoline tank from the Fire Prevention Bureau. 11. All Construction shall comply with the Unif Building Code, 1973 Requirements. 12. Prior to the issuance of grading and buildi permits, a complete geotechnical evaluation the site will be prepared by a qualified engineer which will take into account soils geology and seismic characteristics of the. site. The report will contain appropriate recommendations for the design and engineer of the proposed project. Final project pla will be subject to the City's approval. Grading operations will be limited to day- time hours per City Code and will be conduc under the supervision of a qualified soils engineer. 13. Sufficient exhaust /ventilation equipment • will be installed in the parking structure to satisfy existing building codes, taking into account the additional emissions genet ated at the drive -up banking facility. 14. Runoff from the completed project will be directed to existing storm drains. Constrc tion stages will be subject to erosion cons measures approved by the City's grading engineer. A parking lot cleaning and main- tenance program will be established for bol the commercial use and the residential use, and be the responsibility of the property owners to maintain. 15. Introduced landscaping will be replaced on site, in particular where landscaping serve as a screen between residential and commer areas. Street trees will be replaced as required. Final landscape plans are subjei to the approval of the Director of Communi Development and the Director of Parks, Beaches and Recreation. 16. Residential areas to the west and south of the project area will be protected acousti cally and aesthetically by a combination o landscape and decorative wall treatment. Particular attention will be paid to area Page 15. MINUTEB Dr ng , inc n tec c- rol :h �s :i :t .y F INONX COMMISSIONERS MOLL CALL City of Newport Beach March 2. 1 MINUTES west of the driveway along the western edge of the property. The final design of the landscaped areas and noise attenuation walls will be subject to the approval of the Community Development Director. 17. The office structure and the residential unit will be remodeled to meet noise insulation standards per building code and City require- ments. 18. Lighting of the parking areas (including structures) and outside lighting on the buildings will be subject to the review and approval of the Community Development Depart- ment when final project plans are submitted. Lighting will be directed away from residenti uses. 19. Energy conservation measures will be incorpor ated into the final plans for both the new commercial structure and the renovations to the existing multi- family units as required by the building codes and City requirements. 20. Flow restricting devices will be used where possible to conserve water. Drought resistan plants will be selected for.landscaping to reduce water demand for irrigation purposes. 21. Applicant will pay park in -lieu fees for thre additional new dwelling units as required by City Policy. These fees will be used by the City for the acquisition or development of the neighborhood park facilities. 22. That a minimum of one parking space for each 250 sq. ft. of net floor area in the Bank of Newport office complex and one parking space for each 3 occupants permitted in Kam's Restaurant facility shall be provided on the subject property. 23. That pedestrian and vehicular access shall be provided in the proposed 8 foot high wall between the Bank of Newport complex and . Kam's Restaurant facility at all times. Page 16. • INCIM COMMISSIONERS City of Newport Beach • R' S O� 9A 'V ;6a< March 2, 1978 PIOLL CALL 24. That the proposed flag pole shall not excee a height of 50 feet. Motion x Motion was made that Planning Commission recomme Ayes x X X X X to the City Council the approval of Amendment No Absent x x 503 and that the following setbacks be reflected on Districting Map No..24: 1. A 12 foot setback along Avocado Avenue in th R -3 District. 2. A 14 foot setback along Kewamee Drive. 3. A 6 foot setback along Zahma Drive in the R- District. 4. A 0 foot setback along the rear property tin (i.e. opposite Kewamee Drive) in the R -3 • District. 5. A 0 foot setback along the rear property, lin (i.e. opposite East Coast Highway) in the C- District. Motion X Motion was made that Planning Commission make th Ayes X X X X X following findings: Absent x x 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propos subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan tial environmental damage or substantially a avoidably injure fish or wildlife or their habitat. Page 17. MINUTES INCIX d id A -503 e 3 e B 1 e TT -10274 ed nd l I COMMISSIONERS City of Newport Beach March 2. 1978 MINUTES • woLc CALL 1 1 1 11 1 1 1 N INOKX 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or 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 subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. 9. That the proposed development will not have any significant environmental impact. 10. That each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 11. That each of the tenants. of the proposed condominium will be given notice of an exclu- sive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initial- ly offered to the general public or terms more favorable to the tenant. and "recommend to the City Council the approval of Tentative Map Tract No. 10274, subject to the following conditions: 1. That a final map be filed. 2. That there shall be submitted a declaration of Covenants, Conditions and Restrictions, settini. forth an enforceable method of insuring the continued maintenance of the existing landscap. ing, fencing, residential structures and utility facilities as well as a requirement for any enforceable method of rehabilitation or replacement of the structures on the site. In addition the CC &R's shall also include, for prospective owners, disclosures regarding Page 18. COMMISSIONERS s� s� City of Newport Beach MINUTES • � C C� � �g,O'y0 �F �C March 2, 1978 "CLL CALL sound transmission between units and the absence of sound attenuation materials or construction if such do not exist. The CC &R's shall also include a disclosure of any common sewer line or other common utilities . found to service the condominium and the main - tenance responsibilities of.said utilities. Furthermore, the City shall not be held responsible for any future problems with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condominium shall be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community Development as evidence that this condition has been met. 4. That each of the tenants of the proposed • condominium shall be given written notice: of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be .initial• ly offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report issued pursuant to Section 11018.2 of the Business and Professional Code, unless the tenant gives prior written notice of his intention not to exercise the right. A copy of said written notice shall be provided to th Director of Community Development as evidence that this condition has been met. 5. That all existing dwellings shall be inspected . and all building code violations, including but not limited to, bootlegged construction, improperly maintained drainage systems, fire hazards or other evident problems shall be corrected prior to conversion. 6. That a licensed electrical, plumbing and mechanical contractor shall review existing systems and certify their condition to the Building Official prior to conversion. Page 19.. INCSIX COMMISSIONERS ��t�9a191�; City of Newport Beach p MA rrh 9. 1Q7R MOLL CALL 7. That all existing fire protection equipment such as but not limited to wet stand pipes, fire extinguishers, fire sprinkler systems, etc, shall be inspected prior to conversion 8. That existing geological and soil condition shall be reviewed. Where evidence of ques- tionable geological or soil conditions are found to exist, the Building Official shall have the authority to require new soils investigation. 9. That all dwelling units shall be required t meet the minimum state standards for sound separation between dwelling units. 10. That all dwellings, shall be provided with smoke detectors. 11. That consideration shall be given to provic ing each dwelling unit with a separate electrical service. 12. That all improvements be constructed as required by ordinance and the Public Works Department. 13. That all conditions of approval for Use Pei No. 1857 be fulfilled. 14. That all vehicular access rights to Zahma Drive and Kewamee Drive be released and relinquised to the City of Newport Beach. (The purpose of this requirement is to reinforce the buffer between the commercia' and residential land uses.) 15. That all vehicular access rights to East. Coast Highway except for two private drive! for right turns only, be released and relic quished to the City of Newport Beach. The width and location of the two private drive shall be approved by the Public Works Depai ment. 16. That the existing unused driveway approachi on East Coast Highway and Avocado Avenue bi closed up. Page 20. MINUTES • 1 INOtX , I co mi !s •t- �s n U 011 COMAMISSIONER$ City of Newport Beach MINUTES �? * March 2. 1978 POLL CALL 17. That sight distance for a minimum of 50 MPH be provided for the private drives on East Coast Highway. Landscaping within the sigh distance cone shall not exceed twenty -four inches in height. In addition, sight distance shall be provided to the satisfac- tion of the Public Works Department for the bike trail. 18. That a corner cut -off with a radius of twen five feet at the corner of East Coast Highw and Avocado Avenue be dedicated to the publ for street purposes. 19. That the curb return at the corner of East Coast Highway and Avocado Avenue be recon- structed to a radius of thirty -five feet. 20. That a raised median island be constructed East Coast Highway to prevent left turns in • and out of the private drives. The raised median island shall extend from fifty feet west of the westerly side of the westerly drive approach to Avocado Avenue. The desi shall be approved by the Public Works Depar ment. 21. That an ingress and egress easement be provided across Lot 2 for the benefit of Lo 1. 22. That the water service(s) and sewer connec- tion(s) be provided in a manner satisfactor to the Public Works Department. 23. That all work within East Coast Highway be done under an encroachment permit issued by the California Department of Transportation 24. That all work within the City right -of -way, and any sewer or water connections be done under an encroachment permit issued by tKe Public Works Department. 25. That a standard subdivision agreement with accompanying security be provided if it is desired to record the final map before the public improvements are completed. (Note: The final map must be recorded before build permits are issued.) Page 21. t ty• Ry is in gn t- t Y in INO<X COMMISSIONERS City of Newport Beach March 2. 1978 MOLL CALL 26. That a P.C.C. sidewalk be constructed withi the City right -of -way for Kewamee Drive. The width and location of said sidewalk shall be approved by the Public Works Department. Commissioner Balalis returned to the dais.' ADDITIONAL BUSINESS: Motion X Planning Commission adopted Resolution No. 1002, Ayes X X X X X X finding that the proposed flood control and Absent X drainage improvement on the Santa Ana River Channel within the City of Newport Beach are in conformance with the City's General Plan. Staff reviewed with the Commission the plan of approach in connection with the General Plan workshop meetings which begin Tuesday, March 7tk There being no further busines, Planning Commiss adjourned the meeting. Time: 11:10 P.M. PAUL L. BALALIS, Secretary Planning Commission City- of Newport Beach Page 22. � � r MINUTES io INOIX 0