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HomeMy WebLinkAbout03/06/1980Present Vion Ayes Abstain Motion Ayes Abstain Motion All Ayes COMMISSIONERS 9 -f 0 m 0 o p9 �WiD CD � x m w SU m 0 X U) 3 0 IF Regular Planning.Commission M Place: City Council Chambers Time: 7:30 P.M. Date: March 6, 1980 of Newport Beach xjAll Present. ting MINUTES INDEX EX- OFFICIO MEMBERS James D. Hewicker, Planning Direct Robert Burnham, Assistant City Att STAFF MEMBERS William R. Laycock, Current Plannir Fred Talarico., Environmental Coordi Donald Webb, Assistant City Enginee Glenna Gipe, Secretary inutes Written By: Glenna Gipe ey Administrato ator x Motion was made to approve the minutes of the re- x x x gular Planning Commission meeting olf February 7, x 1980, as written. Motion was made to approve the minuites of the re- x x gular Planning Commission meeting ojf February 21, x 1980, as revised to include additiolns on Pages 1, 6 and 9. Motion was made to continue Item No. 5, Phasing Plan, to the regular Planning Commission meeting on March 20, 1980, as per the applicant's request. -1- i Motion K i Motion was made to continue Item Nols. 6 and 7, All Ayes Use Pernit No. 1927 and Use PermitjNo. 1928, to the regular Planning Commission meeting on March 20, 1980, pending a review of the available park - ing spaces for tenants and employees of Lido Ma- -1- K = March 6, 1980 o 9a0 W N ? N = City of Newport Beach ROLL CALL I III III rina Village in the existing parki the property. MINUTES structure on INDEX Request to permit the temporary use! of a modular Item #'1 building for a California Savings and Loan branch facility in the P -C District. USE PERMI 40. 1924 LOCATION: A portion of Block 93, Irvine's Subdivision, located at 2370 East PPROVED Coast Highway, on the northeaster- ONDI ly side of East Coast Highway, NONALLY westerly of MacArthu';r Boulevard. i ZONE: P -C APPLICANT: California Federal Savings & Loan, Los Angeles • OWNER: The Irvine Company, ::Newport Beach AND Request to establish a Newport Harbour National Item #2 Bank facility and related drive - upteller unit in the P -C District on a temporary !basis, and the USE PER - acceptance of an Environmental Document. MIT NO. 1929 LOCATION: A portion of Block 91.3, Irvine's Subdivision, located) at 2344 East APPROVED Coast Highway, on thje northwest- CONDI- erly corner of EastCoast Highway TIONALLY and MacArthur Bouleviard. ZONE: P -C APPLICANT: Newport Harbour Nat port Beach OWNER: The Irvine Company, AND 0 -2- nal Bank, New- ewport Beach COMMISSIONERS 0X a o w a 0 0 March 6, 1980 of Newport Beach MINUTES INDEX Request to amend previously approved use permits Item #3 that permitted a Bank of Newport facility and re- lated drive -up teller units in the p -C District USE PER - on a temporary basis. The proposed development MIT NO. includes the use.of the existing structure for 1799 a Perpetual.Savings and Loan facility and to sublease a portion of the building for office APPROVED uses. Furthermore, the proposed development also CONDI- includes the relocation of existing drive -up tel- TIONALLY ler use to another location on the site. The ap- plicant is also requesting an extension of time for the required original use permit applica- tions. OCATION: A portion of Block 9 Subdivision, located Coast Highway, on th ly.side of East Coas easterly of the prop of Avocado Avenue. ZONE: P -C PPLICANT Perpetual Savings & tion, Beverly Hills NER:, The Irvine Company, Irvine's at 2200 East northeaster - Highway, sed extension an Associa- ewport Beach Commissioner Balalis refrained froth participa- ion in these three items, due to a conflict of nterest.) These items were heard concurrently, due to their elationship.) t n response to a question posed by ommissioner aidinger, James Hewicker, Planning Director, re- lied that the Newport Harbour Nati nal Bank is nder construction now, because sev ral months ack the staff received a request from said bank o erect a temporary facility for aperiod of 0 days and at that time the staff (brought that equest to the Planning Commission and the Plan- -3- COMMISSIONERS o �ai0�miRn WWXCD0= March 6, 1980 Of Beach MINUTES KOLL CALL I I I I J i l l I INDEX 0 0 ning Commission indicated that theywould have no problem if the staff issued that bublding permit. He added that the staff can grant temporary uses for a period up to 90 days and withithe consent o the Planning Commission, they can g�rant extension beyond that 90 day period under a u I se permit. Commissioner Thomas commented regarding the final traffic .layout, expressing his concern that they were locked into a circulation pattern because of the 90 day extensions. In response to Beek, Don Webb, that all three a comment made by Cc Assistant City Engi use permits have a c addresses the cross ingress and In response to.a question posed by Beek, Mr. Webb commented that they for a right turn in and out on Paci way, but not allowing a left turn a location. He added that on MacArth there was not a substantial enough left turn moverent in that location only a right turn in andlout moveme In response to a question posed Haidinger, Mr. Hewicker replied nia Federal Savings & Loan site Harbour National Bank site referred to as the - Newport P -C and does not yet have iq added that the current are a p Village a P -C De General the site for commercial uses such -oncluded that the Bank of Newport several uses other than a banking the Bank of Newport. In response to a question posed by Thomas, Mr. Hewicker replied that recommended that the Planning Comm grant a three year permit, in whit looking at a three year period of of which time the.structures would -4- missioner eer, replied ndition which ss easements. ommissioner re providing is Coast High - cess in that r Boulevard roblem in the to request t. ommissioner the Califor- the Newport t of the area ite, is zoned lopment Plan. an designates this. He ite has had cility for. ommissioner e staff has sion only case they me at the e removed are end and MINUTES F. March 6, 1980 acs 0 N N p 7 City of Newport Beach 7 7C ROLL CALL INDEX a more permanent use would be placed on the pro- perty. In response to another question posed by Commis- sioner Thomas,. Mr. Hewicker repliedithat the Gen- eral Plan designation on the site its not.solely residential and that General Plan Amendment 79 -1 allows approximately 53,000 sq. ft.'! of commercial. The Public Hearing continued regarding this item and James Mears Representative of California Fed- eral Savings & Loan, appeared before the Planning Commission and explained that the building they are putting on their property.is the building that was in Corona del Mar as Western Federal Savings & Loan's temporary structure. He stated that they had reached an agreement with the Irvine Company to lease a 20,000 sq.. ft. pad, which at that time joined the back portion of the building. He sta- ted that the request that California Federal Sav- ings & Loan put a road through the :property was. not an acceptable request to them,jas they are attempting to bring an identity to !their build- ing and bring it off Pacific Coast Highway. Hernandes Orkesen, Architect for the Applicant, appeared before the Planning Commission and stated their preference to have an individual driveway. Mr. Mears stated that they were wililing to go to- ward the second plan, which would give good circu- lation for the bank and also a reasonable identity to California Federal Savings & Loaln. He stated their concurrence with the conditions as stated in Exhibit "A" of the Staff Report. In response to a question posed by ;;Commissioner McLaughlin, Mr. Webb replied that the actual cost sharing has not been specifically worked out. Mr. Mears re- emphasized his f.eelingi that the road that has been proposed through theijr property has no value to California Federal Savings & Loan. He requested that they be allowed to i';nstall the ign in the public.rinht- of- way.with the • I I ( I I I understanding that they would remove it -5- COMMISSIONERS K " w o 5 o W 2ii March 6, 1980 Z t Beach MINUTES ROLL CALL I I I I Jill I INDEX 0 0 at such time.as that California to post a bond the street is wide Federal Savings wo to insure that this d. He added d be willing ould be done In response to a question posed by ;Commissioner Haidinger, Mr. .Webb replied that th1ey are request - ing.a 14' widening of the street. He added that there will be approximately 25' of ;pavement added at the time Pacific Coast Highway is widened, so that the improvements they are putting in will be permanent improvements. He concluded that City Council has a policy against the installation of advertising signs within the public! right -of -way, so that if the sign is to go in thel right -of -way, it has to be approved by the City Council with a separate encroachment permit. i Commissioner Allen stated her underistanding that the difference between the California Federal Sav- ings & Loan site and the Newport Harbour National Bank site was that when there are Federal highway funds involved, there needs to be al clear right - of -way for six months prior to contracts. Mr. Webb replied that it is the prelference of the Public Works Department that therelbe no sign en- croachments within the right -of -way;. In response to a question posed by:Commissioner McLaughlin, Mr. Webb replied that there are now three driveways on Pacific Coast Highway that are in close proximity which would serve the Califor- nia Federal Savings & Loan and Newport Harbour National Bank. He stated that in addition, the existing Bank of Newport's proposed Perpetual Say.- ings & Loan.building has their main drive which will be signalized and become a main entrance way and an additional driveway. He stied that they are requesting that.the Avocado Drive entrance be improved to.be the main entrance a d that the se- cond drive for the Bank of Newport be closed off, and that the three drives that now exist on Paci- fic Coast Highway between there and MacArthur Bou- levard be closed, so that there isonly one drive off of Pacific Coast Highway between Perpetual Savings & Loan and MacArthur Boulevlard. am COMMISSIONERS d°_ �m�' CD N � V March 6, 1980 .011 Beach MINUTES INDEX Commissioner Thomas expressed his feeling that it is poor planning to have that number of driveways exiting out onto a major arterial. He stated his preference that there be one drivewjay serving the three banks. Mr. Mears again stated his preference to having a individual, driveway for their bank.! In response to a question posed byiCommissioner Beek, Mr. Mears replied that they are requesting a right hand turn onto their property and that the road behind their property wouljd serve the three banks. Commissioner Beek expressed his coryrycern regarding the 900 right hand turn in the final version pro- posed by the staff, stating his preference that the right hand turns come off at an angle, as shown in the bank's proposal and that there be a • frontage road which serves both the ingress and egress right hand turn at.a shallow angle. Mr. Webb replied that there is notthe length to provide the merges in and out. Heexpressed that in order for Commissioner Beek's suggestion to be effective, there would necessarily have to be a full merging lane. He concluded ttat it would be necessary to obtain approval from GalTrans, which approval he did not feel would be possible to obtain for a driveway much in excess of 30' - 35' Mr. Hewicker stated that the_signsare internally illuminated, with the exception ofsign type "C ", which is a wood sign. Richard Hogan, Representative of the Newport Har- bour National Bank, appeared befor the Planning Commission and explained that the ature of the bank is a modular building, design d so that it can be relocated and also designed so that it has an appearance which creates th substantial appearance that a bank should have.' He stated that the relocation of the road was done after conference with the Public Works Department and • with the full cooperation in trying to reduce the number of access points on PacificiCoast Highway -7- C MISSIONERS1 MINUTES March 6, 1980 p c 5 W D yF s, City of Newport Beach ROLL CALL INDEX from 3 to 1 in that location. He e� pressed his feeling that there is a good circulation system which allows people who are eastbound on Pacific Coast Highway to make the left turnat MacArthur Boulevard to enter the property from the MacArthur Boulevard entrance. He added that the bank is re- questing three years in the use permit to give it time to find a permanent location which is involv- ing a lot of time, because the buildings in Cor- porate Plaza cannot be constructed Nntil after there is a certain amount of construction on the bridge. He then indicated that they have concerns with Con.dition.Nos. 4 and 9. Rega.r ing Condition No. 4, he stated that due to the we Other, they would be unable to adhere to this condition. Re- garding Condition No. 9, he did notknow whether it was possible that the material. be recycled and asked that this condition be amended. In conclu- sion, he suggested adding a condition which would. say, in effect, that the directional signing on • the property for traffic movement be installed to the satisfaction of the Planning and Public Works Departments. In response to a question posed by Commissioner Beek, Mr. Hogan replied that the driveway now pro - vides that those who want to exit the driveway can circle around and exit. In response to a question posed by Commissioner McLaughlin., Mr. Hogan replied that the only way to enter from Pacific Coast Highway to:.use the faci- lities is if one is westbound. William Schmidt, Architect, appeare before the Planning Commission and stated that the automatic teller facility will operate until 0:00.p.m. and will be lighted directly over the facility. In response to a question posed byCommissioner Allen, Mr. Hewicker replied that it is required that lighting be shielded or directed in such a fashion that it doesn't shine across property lines and create a disturbance for. ':adjoining uses. Mr. Hogan commented that the sugge ted mitigation measures include that it is requir�d that the N MINUTES March 6, 1980 o x �sC) ao " 21 J D City of Newport Beach N (D W (=D ROLL CALL INDEX lighting be certified by an electriItal engineer. Commissioner Allen suggested a flagpole height limitation of 25'. Mr. Hewicker commented that some of the buildings in Corporate Plaza are two or three' stories high and do not penetrate the plane.. Commissioner Thomas suggested that ;they build into their building the ability to recycle if such a service becomes available. i Mr. Hewicker stated his understandilmg that.the condition'relating to recycling provided that they sort the recyclable materials and that they make arrangements for them to be picked ;up by a private disposal firm to be treated. Paul Ruffing appeared before the Planning Commis- • sion and agreed that the traffic fljow in this area is critical. He stated that they have an exist- ing facility which has been operating and that the traffic flow has been successful four quite a num- ber of years. He also stated that !the road leads directly into the line of pedestrian traffic between the major parking area and the most used north access to the bank. He suggested that staff study a realignment of this road to not impose their traffic in the most heavily trafficed area of the bank site. Mr. Webb commented that the interselction of Pa- cific Coast Highway and Avocado Ave ue will be sig nalized. He expressed his feeling hat the right turn in and out and the left turn moves will not create a problem. i ammissioner Thomas stated that he frequently used Ilbank.in.this .area and expressed h s feeling that people coming from MacArthur Boulevard getting, onto Pa'cific., Coast- Ilighway maneuver a fast turn around that corner and traffic attepting to e'nt.er the Bank.of.Newport from Pacific Coast Highway is confused with the traffic coming ar,und that cor- • ner. 10 w o w 1 R R T W m March 6, 1980 z t Beach MINUTES ROLL CALL I I I I I I I I j I INDEX -10 Commissioner Haidinger suggested delaying a vote on the first two items until the thl rd item is heard. Motion x Motion was made to delay the vote on Use Permit Ayes x x x x x Nos. 1924 and 1929, Agenda Item Nosi. 1 and 2, un- Abstain K til Use Permit No. 1759 (Amended),Agenda Item No. 3, is heard. Paul Ruffing, Architect for the Per..petual Savings. & Loan, again appeared before the Planning Commis- sion and stated that they have an existing faci- lity which has been operating for many years very successfully. He expressed his feeding that some of the problems created by these two new banks are being imposed upon their project. He explain- ed that they are requesting an extension of their existing use permit. He added that they are re- questing permission to move the automatic teller facility and provide two rather thaln four lanes. • He s.tated that the conversion of the bank into a savings and loan facility would be very minimal. He then requested that several modifications to the staff's recommendations be made: 1) That Con- dition No. 3 be modified to read, "!That no new signs shall be permitted on the siiie other than directional signs to the proposed drive -in teller unit. This condition does not preclude the chang- ing of the display surfaces of theexisting signs to advertise the new tenants within] the structure nor relocation of existing signs id. the event of moving of these signs shall be provided as requir- ed under the provisions of No. 5, qroviding that the exact location of such signs shall be subject to approval by the City. "; 2 Thattll, Condition No. 5 be modified to read, "That the existing building signs, flag pole and structures be! removed from the public right -of -way. The removal of such structures and.improvements shall be required for the widening of Pacific Coast Highway and that a bond be posted guaranteeing these removals. In addition, an amended license agreement covering the building removal shall be executed with the Bank of Newport prior to the occupancy of the site by the Perpetual Savings & Loan. n the event of the required removal of existing b ildings and modular type structures which shall be removed, -10 0 0 K� 3A0Xys C March 6, 1980 Z t Beach MINUTES hey may be relocated on the site b; the appli- ant, subject to the approval of the City of New - ort Beach and subject to such conditions as may e imposed by.the City of Newport Beach concerning emoval and relocation of modular structures. That Condition No. 6 be deleted., n response to a comment by Commissioner Allen, r. Ruffing explained that the condition required hat the bank pay for a portion of he traffic ignal, but that the bank has paid �or the en- i'rety of it. I n response to a question posed by Commissioner aidinger, Mr. Webb replied that in the construc- ion of the Corporate Plaza improvements, a third urning lane was constructed, but it merges back n so that there are only two lanes and not quite full parking lane. He added thatwith the added raffic of these banking facilitiesl, the merging ane is not wise at this location and the 14' re- uirement provides the full third t rning lane. n response to a question posed by ommission.er eek, Mr. Webb replied that three years ago they ad an opportunity to underground the utilities long Pacific Coast Highway and to keep from havin o relocate it'when the roadways were widened, the rvine Company agreed to grant ultimate right -of- ay for the widening of Pacific Coast Highway. He ontinued that at that time two facilities were onstructed within the right -of -way and that since hese were lease agreements, the Ir ane Company as landowner could grant the ease men for the pro - erty. He added that when they ent red into a li- ense agreement, they were under the assumption hat at the time-the Bank of Newport moved, the acilities would be gone. He concluded that the ate in the Staff Report is the expiration date of he existing use permit. .He also concluded that a icense agreement must necessarily be re- executed o that Perpetual Savings & Loan can continue to se the facility within the right -of -way. -11- INDEX C MISSIONERS1 MINUTES March 6, 1980 msN � � � m City of Newport Beach ROLL CALL INDEX obert Burnham, Assistant City AttoMney, comment - d that the lease agreement as executed between he City and the Bank of Newport reads, "The bank hall not assign its interest in this agreement, nd any attempt to do so will result in an automa- ic revocation of this license." Dennis Iver, 550 Newport Center Drite, appeared before the Planning Commission and Stated that the Bank of Newport has accepted the location of the structures, including the module, within the right of-way under the.terms of. the license agreement. He suggested that rather than settimg a date cer- tain, as Perpetual Savings & Loan is willing to ccept that same condition and as far as Perpetual avings & Loan is concerned, at anytime it re- eives a 180 day notice, that module and all other improvements which lie in the rightof -way will e removed from the right -of -way. • r. Burnham advised that it would t1ke a week to remove the building, after notice is'given, but that there would have to be some provision in the agreement that would require the building to be removed within a short period after the notice is given. Mr. Iver clarified that they are not asking for a longer extension period, but that they do not want to.feel that they are in the position that if before the City requires that they clear the right -of- way that they are required) to move the structure on an arbitrary basis thajt does not fit into their schedule. j Mr. Burnham expressed his concern that they would give six months' notice and it takers five months to remove the building. He suggested that the period of time it takes to relocate the building be added onto the six month period.! Mr. Burnham stated that as he undedstands their position, they want rights.to relocate that sign on the site. He advised that no ode knows what -12- COMMISSIONERS 0 = March 6, 1980 r n, p 9 O W m D N X N City of Newport Beach MINUTES INDEX the General Plan requirements may that the building is relocated. H vised that it would not be wise to agreement now that would bind them if it was the desire to amend the in a manner different than its pre tion. Mr. Iver explained that they only under the present wording that the establish a precedent that once th they get no new sign, which the ex provides, or that when the modular the line is removed, that in accor code, it could not be placed elsew e at the time further ad- enter into an in the future eneral Plan ent constitu- ish to indicat don't want to sign is gone sting wording structure belo ance with City ere. Mr. Burnham advised that if there is a license agreement between Perpetual Saving & Loan and Bank of Newport, that the City sho,ld approve the •terms and conditions in that agreement. In response to a question posed byCommissioner McLaughlin, Mr. Webb replied that there are pro - blems inherent in wide driveways, because cars at- tempt to form two lanes side by side to exit. Commissioner Thomas commented thatthe water qua- lity measures were not included in,the suggested mitigation measures for the Newport Harbour Na- tional Bank. Commissioner Allen suggested addinj an additional condition to the Newport Harbour National Bank that the flagpole not be over 25' high and that Condition No. 11 be revised to add; . sub- ject to the approval of the staff.'! Commissioner Allen stated that if the Planning Commission were working on the P- C!Text for the ultimate development of the property, she would be comfortable.with the Modificati ps Committee granting an extension of the use p rmit. i -13- COMMISSIONERS �x o, o w m XMm 7 J CD N Motion is LJ March 6, 1980 ►011 Beach otion was made that the Planning C he findings as indicated in Exhibi taff Report and approve Use Permit ect to the following revised condi 1. 5. That development shall be in formance with the approved pl plan and elevations, except a That the proposed monument sign sha from the East Coast Highway right-0 60 days notice given by the City. of said sign shall also be subject ment permit authorized by the City MINUTES mmission make "A" of the No. 1924, sub - ons: bstantial con - plans, floor noted below. be reeroved way within e approval an encroach - uncil. All proposed development shall provide for vacuum sweeping of offstreet parking areas. The proposed development shall site retention basins and for A landscape and irrigation pl ject shall be prepared by a 1 scape architect. The landsca integrate and phase the insta scapin.g with the proposed con dule (Prior to the occupanc ing, the licensed landscape a certify to the Planning Depar landscaping has been installe with the prepared plan.) The landscape plan shall be s view of the Parks, Beaches an Department and approval of th partment. The landscape plan shall incl ance program which controls t lizers and pesticides. The landscape plan shall plac on the use of drought - resista tation and be irrigated via a to avoid surface runoff and -14- provide on -. is maintenance for the pro - ensed land- . plan shall ation of land - ruction sche- of the build - hitect shall ent that the in accordance ject to the Recreation Planning De- re e a mainten, use of ferti- heavy emphasis native vege- ystem designed watering. over i INDEX COMMISSIONERS K r,d a o a ) (p 7 N X fR 7 i MINUTES March 6, 1980 j of Newport Beach ROLL CALL I I I I Jill INDEX 9. The project shall provide forlthe incorpora- tion.of water- saving devices for all water- using facilities. 0. The project shall provide forlthe sorting of recyclable materials from olther solid wastes. 1 Any lighting system shall be designed and certified by an electrical englineer to eli- minate any glare and ambient light to adja- cent public roadways or residelntial areas, subject to City approval. 2. The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all license agreements for space in the pro- ject and should be included in any Covenants, • Conditions and Restrictions whlich may be re- corded against any undeveloped. site. bisclosure Statement The Licensee herein, his heirs;, successors and assigns, acknowledge that:; a. The Orange County Airport may not be able to provide adequatelair service for business establishments Which rely on such service; b. When an alternate air facility is avail- able, a complete phase out of jet ser- . vice may occur at the Orange County Air- port; C. The City of Newport Beach may continue to oppose additional commercial air ser- vice expansions at the Orange County Air port; i d. Licensee, his heirs, sucdessors and as- signs, will not activelyoppose any ac- -15- MINUTES K March 6, 1980 i 0 w w EL n 3 x a N In N 7 City of Newport Beach ROLL CALL I 11 I Jill I I INDEX tion taken by the City of. Newport Beach to phase out or limit jet air service at the Orange County Airport. 13. That all improvements be constructed.as re- quired by Ordinance and the Public Works De- partment. I 14 5. 0 16 17 18. 0 That Coast Highway be widenedlapproximately 14 feet. The improvements shalll include the construction of pavement, asphalt curb, 8 foot wide asphalt walkway and median curb in.accordance with a plan to be approved by the Public Works Department. These improve- ments shall be completed under. an encroach- ment permit issued by CalTrans,. That there be only one entran East Coast Highway between Ma vard and the existing tempora port site. This entrance dri the sites covered under Use P tions 1924 and 1929 (Newport al Bank). The location and d approved by the Public Works That all street improvements standard improvement plans p tensed civil engineer. That a standard agreement surety consisting of cash and or deposit be provided to guaran factory completion of public within six months if it is de a building permit before the meats are completed. That a resubdivision be filed if an extension in the term o is requested in the future. of the ultimate permanent str would be a recommended coedit of the resubdivision.) -16- drive from rthur Boule- Bank of New - shall serve mit applica- rbour Nation - ign shall be partment. shown on ared by a 1i- accompanying ertificate of ee the satis- mprovements ired to obtain ublic improve- on the parcel the Use Permit Construction et improvements on of approval COMMISSIONERS MINUTES March 6, 1980 a c> 3 City of Newport Beach ROLL CALL INDEX 19. That cross ingress and egress easements or agreements be provided to the'satisfaction of the Public Works Department; by the pro- perty owners of 2200, 2340, and 2344 East Coast Highway as a condition for Use, Permits 1759 (Amended), 1924 and 19291respectively. 20. That this permit shall extendifor a period of two years, providing that �he proper- ty owner shall prepare and s=it to the. City a development plan for tNNe ulti- mate use of the property within two years of the approval of this applica- tion.' A one year extension may be grant- ed by the Modifications Committee, sub- ject to the landowner having submitted said P -C Development Plan for the ulti- mate'use of the property. • i i 21. At such time as the use of the temporary building ceases, the buildingshall be re- moved from the site. Said building shall not be sold or leased on the property in ques- tion. 22. That the applicant shall install grease traps in the parking lot, to be cleaned out every six months. 23. That approval be subject to the realignment of the common driveway at thellirear of the property connecting the threesites within 120 days from the time of the approval. 24.. Landform alteration on the site should be sub ject to the approval of a grading permit. The grading permit should be drepared by a Civil Engineer based upon recommendation of an engineering geologist. Tho grading per- mit should include: j -17- C MISSIONERS1 MINUTES March 6, 1980 0 n ID W City of Newport Beach ROLL CALL j INDEX a. A complete plan for temporary and per- manent drainage facilities. b. An erosion and dust control plan. C. An erosion and siltationcontrol plan approved by the.California Regional Water Quality Control Board. d. A surface drainage plan that will not create downstream erosion. e. Erosion control measuresjon all exposed slopes. n The landscape plan shall be si the review of the Parks, Beacl creation Department and approl Planning Department. -18- bject to es and Re- ial of the In response to a question posed byCommissioner Cokas, Mr'. Hewicker replied that a' grading plan was required for the Newport Harbour National Bank, that they did not anticipate :;that there would be a need for a grading planon the Bank of Newport site, but that a grading plan would pro- bably be required for the California federal Sav- ings and Loan site to create the pad for the build ing there. A•s x X YX x K Motion was then.voted on, which MOIIION CARRIED. Abstain x Motion Motion was made that the Planning dommission make Ayes x x x x K the findings. as indicated in Exhibilt "A" of the Abstain x Staff Report and approve Use Permit: No. 1929, sub- ject to the following revised conditions: 1. That development shall be in substantial.con- formance with the approved plot plans, floor plan and elevations. 2. The proposed development shall) provide for vacuum sweeping of offstr et parking areas. 3 . A landscape and irrigation.pl n for the project shall be prepared by a licensed landscape architect. n The landscape plan shall be si the review of the Parks, Beacl creation Department and approl Planning Department. -18- bject to es and Re- ial of the MINUTES � b'03> � � C March 6, 1980 z Beach INDEX 1. The landscape plan shall include a mainten- ance program which controls the use of fer- tilizers and pesticides. The landscape plan shall place heavy emphasi on the use of drought - resistant native vege- ration and be irrigated via a system designe to avoid surface runoff and o�er watering. 7 The project shall provide forlthe incorpora- tion of water- saving. devices #or all water- using facilities. 8 :L The project shall provide forthe handling of recyclable materials in a manner satis- factory to the City. I Any lighting system shall be designed and certified by an electrical engineer to elimi- nate any glare and ambient li ht to adjacent public roadways or residentia areas, as ap- proved by the City. The following disclosure stat of Newport Beach's policy reg County Airport should be incl cense agreements for space in should be included in any Cov tions and Restrictions which against any undeveloped site. Disclosure Statement ment of the Cit rding the Orang ded in all li- the project and nants, Condi- ay be recorded The Licensee herein, his heirs, successors . and assigns, acknowledge that? a. The Orange County Airport may not be able to provide adequate air service for business establishments which rely on such service; b. When an alternate air fadility is avail - able, a complete phase ont of jet ser- vice may occur at the Orange County Air- port; -19- COMMISSIONERS d � L3: CD 0 i N X0 Ci March 6, 1980 Of Beach MINUTES I ROLL CALL I I I I I I I I ! I INDEX 1. 2 t� 4 0 The City of Newport Beach may continue to oppose additional commercial air se vice expansions at the Orange County Airport; d. Licensee, his heirs, successors and as- signs, will not actively oppose any ac- tion taken by the City of Newport Beach to phase out or limit jest air service at the Orange County Airport. That all improvements be constructed as re- quired by Ordinance and the Public Works De- partment. That East Coast Highway shallbe widened ap- proximately 14 feet. The improvements shall include . the construction of pavement, asphalt curb, 8 foot wide asphalt wal way and median curb in accordance with a pla. to be approved by the Public Works Department. That all improvements (P.C.C.curb, gutter and sidewalk and pavement) along the Mac- Arthur Boulevard frontage be completed. That all improvements within the public right of -way of both East Coast Higtlway and Mac - Arthur Boulevard shall be completed under an encroachment permit issued bylICal Trans. , These improvements shall be completed within 6 months after final approvalllof the Use Per- mit. That there be only one entrance drive from East Coast Highway. between MacArthur Boule- vard and the existing temporary Bank of New - port site. This entrance drive shall serve the sites covered under Use P�rmit applica= tion 1929 and 1924 (Californi Federal Sav- ings and Loan). The location and design shall be approved by the Public Works Depart- ment. i That all street dard improvement civil engineer. improvements plans prepar -20- shown on stan by a licensed K X 3' a o am) m D 5�T March 6, 1980 Of Beach MINUTES ROLL CALL I I I I I I I I I INDEX 0 0 17. That a standard agreement andaccompanying surety consisting of cash or certificate of deposit be provided to guarantee the satis- factory completion of public improvements within six months after finalapproval of the Use Permit. 18. That a resubdivision shall bejfiled on the parcel if an extension in theterm of the Use Permit is requested in the future. (Construction of ultimate permanent street improvements would be a recommended condi- tion of approval of the resubdivision.) 19. That cross ingress.and egress :easements or agreements be provided to thesatisfaction the Public Works Department by the property owners of 2200, 2340 and 2344East Coast Highway as a condition for Us$ Permits 1759 (Amended), 1924 and.1929 respectively. 0. That this permit shall extendfor a period of two years, providing that the oronerty owner shall.prepare a.nd submit o the City a development plan for the ultimate use of the property within two years of the approval of this application. A one year extension maybe granted:by the llo- difications Committee,.subject to the landowner-having submitted said P -C De- ve_lopment Plan for the ultima a use of the property. Landform alteration on the site should be subject to the approval of a grading permit. The grading permit should be prepared by a Civil Engineer based upon recommendation of an engineering geologist. The grading permit should include: a. A complete plan for temporary and per manent drainage facilities. b. An erosion and dust contNol plan. C. An erosion and siltationcontrol plan approved by the California Regional Water Quality Control Board. i -21- i COMMISSIONERS MINUTES March 6, 1980 �0 In I N ? 19 E l City- of Newport Beach L ! INDEX d. A surface drainage plan tihat will not create downstream erosion. e. Erosion control measureson all exposed slopes. 2. The direction.signing plan shall be prepared and submitted to the traffic engineer for ap- proval. 3. That the applicant shall install grease traps) in the parking lot, to be cleaned out every six months. 0 That at least 5 of the existing parking space on the easterly side of the 22 foot wide ac- cess base to the proposed dri�e -up teller unit shall be eliminated. That no new signs shall be permitted on the site other than directional signs to the pro- posed drive -up teller unit. This condition does not preclude the changing of the display -22- 24. That approval shall be subjecti to the re- alignment of the common driveway at the rear of the property connecting the three sites within 120 days of the time of approval. 25. That the flagpole shall not bed more than 25' high. • 26. That approval shall be subjec' to realignment of the common road to join th rear of the adjacent property. Motion Y Motion was made that the Planning gommission make Ayes x x xx x < the findings as indicated in Exhibit "A" of the Abstain x Staff Report and approve Use Permit; No. 1759 (A- mended), subject to the following revised condi- tions: 1. That development shall be in tiubstantial con- formance with the approved plot plan, except as noted below. 0 That at least 5 of the existing parking space on the easterly side of the 22 foot wide ac- cess base to the proposed dri�e -up teller unit shall be eliminated. That no new signs shall be permitted on the site other than directional signs to the pro- posed drive -up teller unit. This condition does not preclude the changing of the display -22- K �0 March 6, 1980 of Newport Beach MINUTES ROLL CALL I I I I I I I I I INDEX 0 surfaces of the existing signs to advertise the new tenants within the structure, nor re- location of existing signs in ;the event.mov- ing of those signs shall be required as pro- vided under.the provisions ofCondition No. 5, providing that the exact location of such signs shall be consistent with zoning and other applicable regulations of the City. That all improvements be consitructed as re- quired by ordinance and the P6blic Works De- partment. j That the existing building, signs, flag pole, and structures be removed from the East Coast Highway rinfit -of -way within 60 days notice by the City. Said notice shall not be given prior to June 30, 1981. That East Coast Highway be widened approxi- mately 14 feet to a line 49 feet northerly of the centerline. The impro *ements shall include the construction of A.IC. curb, pave- ment, and 8 foot wide A.C. walkway and catch basin reconstruction. The dr veway entrance shall be completed under an encroachment per- mit issued by the State Department of Trans - portation. That the street improvements I standard improvement plans pri ensed civil engineer. That a standard agreement and surety in the form of cash or of deposit.be provided to gua factory completion of public within six months if it is de a building permit or occupanc public improvements are compl That cross ingress and egress agreements be.provided to the the Public Works Department b owners of 2200, 2340 and 2344 way as a condition for Use Pe -23- e shown on spared by a lic- accompanying certificate antee the satis mprovements ired to obtain before the ted. easements or satisfaction of .the property East Coast High mits 1759 (A- COMMISSIONERS 9 w m O S]S D 5Q p 7 `yi N F March 6, 1980 of Newport Beach MINUTES ROLL CALL I I I I Jill I INDEX 0 r] mended), 1924 and 1929 respectively. That the secondary drive entrance easterly of Avocado Avenue be closed. That any lease agreement between the Bank of Newport and Perpetual Savingsand Loan-Asso- ciation covering the proposedldevelopment shall include the following prIovisions: a. That the parties acknowl@dge that the City has a right -of -way that extends 53.5 feet northerly of tFe original 100 foot.wide East Coast Highway right -of- way. b. That existing structuresencroach on Cit rights -of -way. C. That a license.agreementcovering the encroachment has been gilen to the Bank of Newport from the City; i d. That the lease of the site is subordinat to the license agreementjdated June 16, 1977. e. That any lease.agreementor assignment of interest shall be approved by the City. That this permit shall extend of two years, providing that owner shall prepare and submi development plan for the ulti the property within two years val- of.this application. A.o sign may be granted by the Mo Committee, subject to the lan submit.ted'said P -C Developmen ultimate-.use of the property. tion of this approval and the relate,d.use..perm its on the pr coincide with the termination nal Use Permit No. 1759. -24- for a period he property to the City a [ate use of of the appro- e year exten- ifications, owner having Plan for the The termina- other...approved perty. shall of the origi- MINUTES K March 6, 1980 02 City of Newport Beach ROLL CALL INDEX I 13. At such time as the use of the temporary building ceases, the buildingshall be re- moved from the site. Said building shall not be sold or leased on the property in ques- tion. 4 5 3 0 0 The proposed development shall vacuum sweeping of offstreet p provide for arking areas. The project shall provide forjthe sorting of recyclable materials from oth6r solid wastes. The following disclosure of the City of New- port Beach's policy regardingthe Orange County Airport should be incluuded in all leases or subleases for space .in the project and should be included in any Covenants, Conditions and Restrictions which may be recorded against any undeveloped site. Disclosure Statement The Lessee herein, his heirs,!successors and assigns, acknowledge that: a. The Orange County Airport may not be able to provide adequate :air service for business establishments which rely on such service; b. When an alternate air fa able, a complete phase o vice may occur at the Or, port; R The City of Newport Beacl to oppose additional come vice expansions at the 0 port; d. Lessee, his heirs, succe signs, will not actively tion taken by the City o to phase out or limit je the Orange County Airpor -25- ility is avail - t of jet ser- nge County Air- may continue rcial air ser- nge County Air ;sors and as- oppose any ac- Newport Beach air service at COMMISSIONERS O�aow;p CD U 7 N 7C can) March 6, 1980 z t Beach MINUTES 1 ROLL CALL I I 1 1 1 1 1 1 ; I INDEX `J 0 7. That approval be subject to tIJe realignment of the common driveway at therear of the property connecting the threeisites within 120 days from the time of the ';approval. e Planning Commission recessed at 9:30 p.m. and convened at 9:45 p.m. i equest to permit alterations and additions to an xisting nonconforming commercial wilding (Whit - an's Garage) with no offstreet parking spaces. he existing structure also encroaches 7' into Item #4 MODIFI- CATION he required 10' rear yard adjacent to an alley. NO. 2496 he proposed development includes the conversion f the garage space into retail area and three APPROVED CONDI- ffstreet parking spaces. In addition, proposed ffice space on the second floor encroaches 5' TIONALLY nto the required 10' rear yard. OCATION: Lot 3, Tract No. 1045, located at 3222 East Coast Highway on the northeasterly sideof East Coast Highway between Larkspur Avenue and Marguerite Avenue in Corona del Mar. ZONE: C -1 APPLICANT Morad Zahabian c /o!Richard H. Dodd & Associates, Newport Beach OWNERS: Harry E. and AlicelM. Whitman, Corona del Mar In response to a question posed by Commissioner Balalis, Robert Burnham, Assistant City Attorney, responded that although Commissioners Cokas and Haidinger were absent from the last meeting, it would be appropriate for them to Note on this -26- MINUTES F. March 6, 1980 a o W D N y City of Newport Beach INDEX item, provided the applicant gave !his consent, Which consent the applicant then gave. James Hewicker, Planning Director,ladvised that i there is to be a new definition adopted, it needs to be made a part of the Zoning Ordinance after proper public hearings and the adoption of ordi- nances. He further advised that this application not be treated with a set of criteria that do not exist. Mr. Burnham advised that a rule sh.buld not be es- tablished after an application has'been filed, when the landowner may have had a idifferent expec- tation upon the filing of the application. He stated that he would favor prospective application of a rule that the Planning Commission might de- velop at this time. He added that-another concern would be the impact that a stringent construction • of the term "remodel" would have, which might force people not to remodel structjures, because there may not be the possibility o� conforming in all respects to all applicable codle sections. He agreed with Mr. Hewicker that iit should be a matter considered as an ordinance iamendment, ra- they than a policy, which would pojssibly require some environmental documentation. In conclusion, he suggested a different definition of "remodel" to apply to commercial as opposed to residential, as there are different concerns. i In response to.a comment by Commislsioner Thomas, Mr. Burnham replied that City Departments have been using the term "remodel" to mlean any project in which one wall is left standing, that the ap- plicant has expectations based on this definition, and that it is preferable that applications prior to the time of changing the ground rules of that term, be considered under the previous definition. The Public Hearing continued regarlding this item and Dick Dodd, Applicant, appeared! before the Planning Commission and expressed !his feeling that • they are meeting the spirit of the, ordinance. He explained that they would be provilding three park- ing spaces that they are not requilred to provide -27- 9 -i ' w 3 C) W 0 11 0 a m D March 6, 1980 l!I.1 Beach MINUTES 1 ROLL CALL I I I I III[ I INDEX 1 nd that the office space is 10' fhom the rear roperty .line and is not an encroachment. He con - luded that they are giving an old';building in he Corona del Mar area a face lift, which will dd to the aesthetics of the area.:. In response to a question posed by;Commissioner Beek, Mr. Hewicker explained that the reason this application is before the Plannin.giCommission was because it was called up by the Ciky Council fol- lowing the action of the Modificatfions Committee and they referred it to the Planni�g Commission for public hearing. Im In response to a question posed by':.Commissioner Balalis, William Laycock, Current Planning Admin- istrator, responded that the existing structure encroaches 7' into the required 10" setback, or to within 3' of the rear property line and the pro posed development would take off 2' of the exist- • ing structure and the parking spaces on the first floor and balcony on the secorrd fl'or.would en- croach 5' into the required 10' setback. Commissioner Thomas expressed.his opposition to the application, as he felt it wasImore than a remodel. Motion x Motion was made that the Planning (Commission make Ayes x x x x Ythe findings as indicated in Exhibit "A" of the Noes x Staff Report and approve Modification No. 2496, subject to the conditions as indicated in Exhibit "A" of the Staff Report. Request to consider a Phasing Planlfor the re= Item #5 raining development in Office SitelC of the Koll Center Planned Comr^ unity, and the cceptance of PHASING an Environmental Document. PLAN LOCATION: Office Site C of the Planned Com- CONTIN- munity of Koll Center Newport, lo- UED TO cated easterly of MacArthur Boule- M R�20, 198T— Im COMMISSIONERS U F m m D C, N G W (D fA March 6, 1980 11 ZONE: APPLICANT OWNER: Beach vard between Campus; Drive and Birch Street. P -C The Irvine Company, Same as Applicant MINUTES Newport Beach. Motion Motion was made to continue this item to the re- All Ayes gular Planning Commission meetingof March 20, 1980, as per the applicant's request. Request to establish a restaurantlfacility with on -sale beer and wine in Lido Marina .Village where commercial space now exists. . LOCATION: Parcel No. 1 of Parcel Map 63 -11 (Resubdivision No.'447) located at 3448 Via Oporto on!the northeast - erly side of Via Oporto, easterly of Central Avenue i•:n Lido Marina Village. ZONE: C -1 -H APPLICANT: Christopher Marshall dba: Cafe Lido, Beverly Hills! OWNER: R & B Enterprises, ;Inc., Los An- geles Motion. x Motion was made to continue this item to the re_ All Ayes gular Planning Commission meetingof March 20, 1980, pending a review of the available parking spaces for tenants and employees If Lido Ma- rina Village in the existing park�ng structure on the property. i -29- l INDEX Item #6 USE PER - MITTNN 1927 CONTIN- UED TO MARCH 20, i Motion All Ayes 0 Motion All Ayes 0 )MMISSIONERS March 6, 1980 O C o ai D N X y Gtv of Newrl Beach MINUTES Request to establish a restaurantfacility with on -sale beer and wine in Lido Marina Village where commercial space now exists, LOCATION.: Lot 1, Tract No. 1135, located at 3431 Via Oporto, on the south= westerly side of Via Oporto, north erly of Via Lido in Lido Marina Village. ZONE: C -1 -H APPLICANT: Barro's Inc., Anah$im OWNER: Lido Marina Villag4, Newport Beach Motion was made to continue this :item to the re- gular Planning Commission meetingof March 20, 1980, pending a review of the available parking spaces for tenants and employees of Lido Ma- rina Village in the existing parking structure on the property. ADDITIONAL BUSINESS: Motion was made to set for discus 10, 1980 Study Session, "Resident on Steep Lots ". Item #7 USE PER- MIT NO. 172,9— CONTIN- UED TO MARCH 20, 1980 ADDI- TiONAL {ion at the April BUSINESS lal Development. There being no further business, the Planning Commission adjourned at 11:00 p.m; Debra Allen, Secretary PlanningCommission City of Newport Beach -30-