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Home My WebLink About03/08/1979COMMISSIONERS City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:30 p.m. n� +_. M._. 6 0 1070 ROLL CALL USE PER - re- M FT NO. ng 901 e e Present x x x xx x* *Arrived at 7:55 P.M. EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Bill Dye, Public Works Engineer STAFF MEMBERS :James D. Hewicker, Assistant Director - Planning David Dmohowski, Advance Planning.Administrator Glenna Gipe, Secretary Motion x Minutes of the Regular Planning Commission Meetin Ayes x x x x of January 18, 1979, were approved as written. Abstain x K x . Ction x i Minutes of the.Regular Planning Commission Meetin Ayes x x x x x of February 8, 1979, were approved as writt m Abstain x R * * * !Approval of the minutes of the Regular Planning C !mission Meeting of February 22, 1979, was continu to the meeting of March 22, 1979. , Motion x Motion was made that Item No. 1 be removed from Ayes xx x x x ! calendar, that Item No. 2 also be removed from tl Abstain z calendar, and that Item No. 3 be continued to thi meeting of March 22, 1979. Request to permit the construction of a three -sto residential condominium project in the C =I -H Dis- trict, and the acceptance of an Environmental Doc ent. A modification to the Zoning Code is also quested, since a portion of the residential parki spaces are occupied in tandem (where the.Ordinanc .•-- provides that all .required parking spaces shall b accessible and usable). The proposed development MINUTES INDEX Bd :he ie ry I Item _ #_1 u- USE PER - re- M FT NO. ng 901 e e REMOVED F.ROM � D-M COMMISSIONERS IT0l City of Newport Beach March 8, 1979 MINUTES i INDEX les an office and offstreet parking the Lido Sailing Club facility on the AND also inclui Item #2 ,ist so as to permit residential condo - alopment and the Lido Sailing Club faci- RESUBDI- a property, and.the acceptance of an spaces for :al Document. N677-18 Lots 1095 and 1096, Tract No. 907, REMOVED located at.3300 Via Lido, on the FROM THE property. CALCAL —ENS . of the Lido Isle bridge. C -1 -H Alfred W. Walsh; and Elvira N. and Request to R. Rest, Newport Beach Anthony Vassi, Newport Beach W. R. Haynes & Company, Newport Beac lots now e minium dev lity on th Environmen Location: Zone: Applicants Owner: Engineer: The Planni the calend that they proposed f Request to Gels for t offstreet a use to b vironmenta Location: March 8, 1979 MINUTES i INDEX les an office and offstreet parking the Lido Sailing Club facility on the AND establish one parcel of land where two Item #2 ,ist so as to permit residential condo - alopment and the Lido Sailing Club faci- RESUBDI- a property, and.the acceptance of an VISTUN_ :al Document. N677-18 Lots 1095 and 1096, Tract No. 907, REMOVED located at.3300 Via Lido, on the FROM THE northerly side of Via Lido, westerly CALCAL —ENS . of the Lido Isle bridge. C -1 -H Alfred W. Walsh; and Elvira N. and R. Rest, Newport Beach Anthony Vassi, Newport Beach W. R. Haynes & Company, Newport Beac ig Commission removed Items 1 and 2 from ir, as per the applicants' request, so nay have additional time to revise the loor plans. create three parcels of land, two par- Item #3 ie Irvine Coast Country Club and related parking.lot and a residual parcel for RESUBDI- determined.and the acceptance of an En- VISION 1 Document. N0. 616 Portions of Blocks 55 and 93, Ir- CONTIN- vine's Subdivision, located at 1600 UED TO East Coast Highway, on the northerly M RCH side of East Coast Highway, between '22, 1979 Jamboree Road and Newport Center .Drive. -2- • COMMISSIONERS vcF 9c mmF oo Pm yv ;� ROIL CALL • v MINUTES City of Newport Beach March 8, 1979 0 -S, P -C, and Unclassified The Irvine Company, Newport Beach Same as Applicant Robert Bein, William Frost, & As- sociates, Newport Beach ing Commission continued this item to the March 22, 1979, so that the engineers •oject may have additional.time to revise :ed tentative parcel map. create four parcels of land for future it development where two parcels now exist :ceptance of an Environmental Document. Parcel Nos. 1 and 2, Parcel Map 72- 20 (Resubdivision No. 490), located at 2000 East Balboa Boulevard, on the northerly side of East Balboa Peninsula, between K Street and M Street on the Peninsula Point. R -1 Robert F. .Beauchamp, Irvine Robert F. and Dorothy Frances Beau- champ, Irvine Southwest Engineering, Irvine hearing was.opened regarding this item, Beauchamp, representing his father, Rober Applicant, appeared before the Planning . n to concur that the resubdivision would e favorable re- financing against said pro -. would be more workable in terms of estate He further relayed that his father's in- not to build on the property on. which the urts now exist. -3- INDEX Item #4 RESUBDI- VI N NO. 620 Zones: ,Applicant Owner: Engineer: The Plann ,meeting o for the p the propo Request ti residenti and the a Location:. Zone: Applicant ,Owners: Engineer: The publi and David Beauchamp Commissio allow mor perty and planning. tent was tennis co March 8, 1979 0 -S, P -C, and Unclassified The Irvine Company, Newport Beach Same as Applicant Robert Bein, William Frost, & As- sociates, Newport Beach ing Commission continued this item to the March 22, 1979, so that the engineers •oject may have additional.time to revise :ed tentative parcel map. create four parcels of land for future it development where two parcels now exist :ceptance of an Environmental Document. Parcel Nos. 1 and 2, Parcel Map 72- 20 (Resubdivision No. 490), located at 2000 East Balboa Boulevard, on the northerly side of East Balboa Peninsula, between K Street and M Street on the Peninsula Point. R -1 Robert F. .Beauchamp, Irvine Robert F. and Dorothy Frances Beau- champ, Irvine Southwest Engineering, Irvine hearing was.opened regarding this item, Beauchamp, representing his father, Rober Applicant, appeared before the Planning . n to concur that the resubdivision would e favorable re- financing against said pro -. would be more workable in terms of estate He further relayed that his father's in- not to build on the property on. which the urts now exist. -3- INDEX Item #4 RESUBDI- VI N NO. 620 COMMISSIONERS m City of Newport Beach March 8, 1979 ROLL CALL Bill Ware of East Bay Avenue then appeared befor the Planning Commission, and in response to a co ment from Mr. Ware, Richard Hogan, Community De- velopment Director, related instances of propert combinations involving houses built to extend be- yond the property lines, which was permissible a the time of construction, but which would violat the present building codes. He further explaine that there are many surrounding lots which are small and could be constructed upon, were the to vacant. Commissioner McLaughlin arrived at 7:55 P.M. Steve Spear of Bellevue Lane appeared before the Planning Commission to relay his opposition to tl proposed resubdivision and to express his concert relevant to the density in said area, including parking difficulties. Wayne Sims of Ocean Boulevard appeared before the Planning Commission to relate his concern .relevai to the density on the Peninsula Point and the ne, essity of tennis club of this nature, further .a expressing his belief that the resubdivision wou' not be adequate justification to increase the dei sity and lessen the lot size and increase the nut ber of lots. There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Frederickson expressed his feeling it would be improper to relate the issue of the tennis courts as open space to this proposal, an that consideration before the Commission was a legitimate interest of the applicant in said pro perty. Commissioner McLaughlin responded that s could not support the resubdivision on the basis that it would increase the density.. Commissioner Balalis indicated that he would re- frain from deliberation on this item, as he.is a member of the Peninsula Point Racquet Club. Commissioner Beek reiterated that an approval of this item would be in violation of Chapter 19 of Code which provides that lots in an R -1 subdivis shall have at least 5,000 sq. ft. of area, and f ther that this project would create lots with 3, sq. ft. of area. He also posed a suggestion tha -4- MINUTES INDEX e m- Y t e d ts ie I ;t I r Id i- n- tha I ne the ion .ur- 000 t COMMISSIONERS • m� v�s'F 9s�o °to��b o ROLL CALL Motion Ayes Noes Abstain 0— Motion Ayes Abstain MINUTES City of Newport Beach March 8,1979 INDEX abdivided into 3 parcels, each and frontages of 40 feet. t the Planning Commission ap -. No. 620, subject to the find- set forth in the Staff Report, vas reopened and Mr. David Beau - )ntinuance, upon which Hugh Cof- Attorney, advised that if the d to include additional area, a vould be required. unity Development Director, fur- he item could be continued on thl e applicant would consider a re- property proposed in this parti- but that an expansion to other cessitate a new application. indicated that the requested nl y be for the purpose of re- vision of the property in ques- rs desiring to appear.and be . earing was closed. t Agenda Item No..4,.Resubdi- continued.to the meeting of * * * drive -up teller facility in Wells Fargo Bank use in an lding in Koll Center Newport. rtion of Lot 3, Tract No. 9063, X03 ted at 4590 MacArthur Boulevard, he southeasterly corner of Mac APPROVED ur Boulevard and Birch Street oll Center Newport. TI�NALLY s Fargo Bank, Los Angeles Center Newport, Newport Beach %'is the property be res with 4,000 sq. ft. x ;Motion was made tha x prove Resubdivision x x x ix x1ings and conditions X which MOTION FAILED '.The public hearing champ requested a c fin, Assistant City !request was expande new public hearing Richard Hogan, Comm ther advised that t contingency that th design only on the cular subdivision, properties would ne Mr. Beauchamp then continuance would o viewing the resubdi tion. There being no othe heard, the public h x (Motion was made tha X xx x x xj vision No. 620, be x ;.April 5, 1979. Request to permit a conjunction with a existing office'bui Location: A po loca on t Arth in k Zone: P -C Applicant: Well Owner: Koll INDEX abdivided into 3 parcels, each and frontages of 40 feet. t the Planning Commission ap -. No. 620, subject to the find- set forth in the Staff Report, vas reopened and Mr. David Beau - )ntinuance, upon which Hugh Cof- Attorney, advised that if the d to include additional area, a vould be required. unity Development Director, fur- he item could be continued on thl e applicant would consider a re- property proposed in this parti- but that an expansion to other cessitate a new application. indicated that the requested nl y be for the purpose of re- vision of the property in ques- rs desiring to appear.and be . earing was closed. t Agenda Item No..4,.Resubdi- continued.to the meeting of * * * drive -up teller facility in Wells Fargo Bank use in an lding in Koll Center Newport. rtion of Lot 3, Tract No. 9063, X03 ted at 4590 MacArthur Boulevard, he southeasterly corner of Mac APPROVED ur Boulevard and Birch Street oll Center Newport. TI�NALLY s Fargo Bank, Los Angeles Center Newport, Newport Beach %'is W M( A' COMMISSIONERS A0 City of Newport Beach March 8, 1979 HL CALL The public hearing was opened regarding this item and Pat Allen, Architect, representing the Owner and Applicant, appeared before the Planning Commi sion to state his concurrence with the findings a conditions as set forth in the Staff Report. There being no others desiring to .appear and be heard, the public hearing was closed. tion x Motion was made that the Planning Commission make 1 Ayes the following findings: 1. That the proposed development is in conforma with the General Plan and the Planned Commun Development Standards of Koll Center Newport and is compatible with surrounding land uses 2. Adequate offstreet parking spaces will be pr vided for the proposed development. 3. Adequate provisions for traffic circulation. being made for the drive -in teller facility. ~ 4. That the proposed development will.not have significant environmental impact. 5. The Police Department has indicated that the do not contemplate any problems. 6. The approval of Use Permit No. 1903 will not under the circumstances of this case be detr mental to the health, safety, peace, morals comfort and general welfare of. persons resid and working in the neighborhood or be detrim tal or injurious to property and improvement in the neighborhood or the general welfare o the City. and approve Use Permit 'No. 1903, subject to the f lowing conditions: 1. That development shall be in substantial con formance with the approved plot plan. 2. That storage for 21 vehicles, including the vehicles being served, shall be provided in reservoir lane at all times. 3. That all signs conform to the provisions of Koll Center Newport Planned Community Develo -6- MINUTES INDEX s- nd nc it D- ar] • an Y , in en s f 01- the the . p- COMMISSIONERS • ROLL CALL Motion All Ayes 0— Ix MINUTES City of Newport Beach March 8, 1979 INDEX ent Standards. However, directional signs such s "entrance ", "exit ", or other similar convenienc igns located on the Birch Street or MacArthur oulevard frontages of the property, as opposed to he proposed signs within the common parking lot, hall not include the name or logo of the bank use Request to permit a.drive -up teller facility in conjunction with a Security Pacific National Bank use in an office building (under construction) in Koll Center Newport. Location: A portion of Lot 7, Tract No. 8762, located at 4000 MacArthur Boulevard, on the northeasterly corner of Mac - Arthur Boulevard and Jamboree Road in Koll Center Newport. Zone: P -C Security Pacific National Bank, Los Angeles Koll Center Newport, Newport Beach i !The public hearing was opened regarding this item, and Pat Allen, Architect, representing the Owner and Applicant, again appeared before the Planning ,Commission to state his concurrence with the find- ings and conditions as set forth in the Staff Repor There being no others desiring to appear and be !heard, the public hearing was closed.. Item 06 USE PER - MIT—ffo. 196T- APPROVEC 1.nN I- Motion was made that the Planning Commission make the following findings: 1. That the proposed development is in conformanc with the General Plan and the Planned Communit Development Standards of Koll Center Newport, and is compatible with surrounding land.uses. 2. Adequate offstreet parking spaces will be pro- vided for the proposed development. 1:3. Adequate provisions for traffic circulation ar being made for the drive -in teller. facility. 11 6t COMMISSIONERS F y } V ? %2 City of Newport Beach March 8, 1979 ROLL CALL 4. That the proposed development will not have any significant environmental impact. 5. The Police Department has indicated that the do not contemplate any.problems.. 6. The approval of Use Permit No. 1904 will not under the circumstances of this case be detr mental to the health, safety, peace, morals, comfort and general welfare of persons resid and working in the neighborhood or be detrim tal or injurious to property and improvement in the neighborhood or the general welfare o the City. and approve Use Permit No. 1904, subject to the f lowing conditions: 1. That development shall be in substantial con formance with the approved plot plan. 2. That storage for 21 vehicles, including the vehicles being served, shall be .provided in reservoir lane at all times. 3. That all signs shall conform to the provisio of the Koll Center Newport Planned Community Development Standards. However, directional signs such as "entrance ", "exit ", or other . similar convenience signs located on the JaR boree Road or MacArthur Boulevard frontages of the property as opposed to any signs whit may be located in the common parking tot, sh not include the name or logo of the bank use Request to remodel and expand an existing non -con forming single family dwelling and antique shop i the M -1 District. Location: A portion of Lot 3, Block 239, Lan caster's Addition, located at 505 th Street, on the northerly side c 29th Street between Villa Way and ayette Avenue, in Cannery Village. Zone: M -1 kpplicant: Thirtieth Street Architects, Newpc wner: Rick Lawrence, Newport Beach MINUTES L INDEX y in en s f of th • ns h all Item #7 n USE PER- 29- f APPROVED Laf CONDI- TIONALLY rt COMMISSIONERS • vlS� viD °,pO�p p�� City of Newport Beach March 8, 1979 ROIL CALL Richard Hogan, Community Development Director, suggested to the Planning Commissionea considera- tion of a completion date on this project. 'Commissioner Balalis posed a question regarding .t modification of the upstairs kitchen or guest suites, to which Mr. Hogan replied that the remoc 'ing would bring the project into conformance with .the required conditions, and he again suggested a :completion date requirement, to this end. He fur ther informed the Planning Commission that shoulc ;the applicant not complete the project within the ;time limit, the applicant would, a) be in violati of the Use Permit, and b) it would become the Staff's requirement to bring it back before thie ;Commission to determine if the Use Permit should be revoked. Mr. Hogan additionally stated that la building permit was approved for construction, and additional work was completed which was not i ;conformance with the permit, and this work would necessarily have to be brought into conformity w' 'a legal building permit issued in conjunction wit • . the Use Permit presently under discussion. .Commissioner Beek then requested a clarification 'regarding the loft and the tower, to which James IHewicker, Assistant Director- Planning, indicated the location of the loft and the tower on the fli plans and elevations. The public hearing was opened regarding .this .itei and James Parker, 1201 Dove Street, representing Rick Lawrence, Applicant, appeared before the Pl ning Commission to state his concurrence with th findings and conditions as set forth in the Staf, Report. He additionally requested a year's comp tion date, to which Mr. Hogan suggested 18 month due to the necessity of the approval of the Coas Commission. 'There being no others desiring to appear and be !heard, the public hearing was closed.. i ;Commissioner Beek expressed his feelings relevan .to the placement of an R -1 building in a commejrc !district, and his further feeling that said boil ing should be built in conformance with the appr Iriate residential building standards. •" i -9 MINUTES he el on n th h . for i, in- I e:- .al t ial I- )P- INDEX COMMISSIONERS MINUTES City of Newport Beach _ p • t March 8, 1979 ROIL CALL INDEX Motion x Motion was made that the Planning Commission make Ayes x x x x x x the following findings: Noes x 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 en- vironmental impact. 3. The proposed development substantially meets most of the development standards of the C. -R District. 4. The Police Department has indicated that they do not contemplate any problems. 5. That the nonconforming depths of the two gar- age spaces and the encroachments into the re- quired 10 foot front and rear yards will not, under the circumstances of the particular case be detrimental to the health, safety, peace, • . comfort and general welfare of persons resid- ing or working in the neighborhood of such pro posed use or be detrimental or i.njurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications are consistent with the legislative intent of Title 20 of thi Code. 6. The approval of Use Permit No. 1878 (Revised) 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 im- provements in the.neighborhood or the general welfare of the City. and approve.Use Permit No. 1878 (Revised), subject . to the following conditions: 1. That development shall be in substantial con- formance with the approved plot plan, floor plans and elevations. 2. All work done without permits shall be exposed . and pass inspection of the Building Division. -10- COMMISSIONERS City of Newport Beach March 8, 1979 ROIL CALL 13. Only one residential dwelling unit shall 'be permitted on the site. 1!4. The two existing garage spaces shall be oper and accessible for vehicular storage at all times. i5. That the remodeling shall be completed withi one year. ;Request to amend a previously approved use permit Ithat permitted the.rehabilitation and the addi'tic of six apartment units to the existing nonconforn ling Kerckhoff Marine Laboratory on the site in V !R -3 District. Four of the approved residential units have been constructed. The proposed develc merit consists of the construction of the final tv residential units with the request to utilize sal space for office or laboratory uses on a temporal SL basis. Additional offstreet parking spaces are i proposed in conjunction with the proposed develol ment. Location: A portion of Block C, Corona del I located at 101 Dahlia Avenue, an ; northwesterly side of Dahlia Aveni southeasterly of Ocean Boulevard China Cove. Zone: R -3 ;Applicant: California Institute of Technol'og; Pasadena ! !Owner: Same as Applicant ;Commissioner Haidinger posed a question regardin, Ithe original approval, to which Richard Hogan; C munity Development Director., replied that the or lginal Use Permit was approved, including the two iadditional residential units included in the pre ;.plan, and this Use Permit was vested due to the already completed with the four dwelli Lstruction units constructed consistent with the previous U !Permit, as discussed by the City Attorney and th .� Building Official. -11- MINUTES ril n e P_ '0 d .y lsi lar :he ie, n I. >m- i- >enl :on. rg se INDEX Item #8 USE PER- M 17—NUT. 1108 A- MENDED CONTIN- COMMISSIONERS 41, City of Newport Beach March 8, 1979 ROLL CALL The public hearing was opened regarding this iten and Wheeler North, Professor of Environmental Science, California Institute of Technology, apps ed before the Planning Commission to concur that said space for office or laboratory uses would be on a temporary basis only, and that the construct would not result in an addition to the current la oratory staff and that an additional 672 sq. ft. would be added to the facility, including an ad- dition of three parking spaces to improve offstre parking facilities for the laboratory staff and � itors. He further relayed the intention of an is entical structure to that of the existing marine laboratory. Mr. North then shared with the Commi sion six slides showing the existing structure. further informed the Planning Commission that the expansion costs would be funded by a grant from t Department of Energy. He additionally expressed their intention to determine ways in which to grc kelp in the deep ocean, to make the oceanic envir ment available to man as a source of energy. He ditionally stated that the kelp would be converte to the clean fuel, methane. Jack Hall, a civil engineer, 2619 Cove Street, aK peared before the Planning Commission to express his concern relevant to the expansion of a non -cc forming (M -1) use in an R -1 (residential) area. He further stated his feelings concerning the dis tracting noise level of the sea pumps, the incon% ience of the additional traffic movement, and the obstructive view due to the additional expansion industrial devices on the piers and floats to sul port boat traffic. Mr. Hall additionally conveye his feelings relating to the project as a violati of the code regarding slopes, and a square footac per unit requirement violation. He felt that ap- proval of this project would invite further devel ment of this nature within China Cove. He also e pressed his concern that the density involved.in area posed a fire hazard. Commissioner Haidinger.expressed his under.standir of Use Permit No. 1108 (Amended) as a request onl to approve the temporary use of bachelor units �1 ing quarters) as office or laboratory space, excl ing any question regarding whether the buildings should be built, or parking involved. -12- MINUTES INDEX ar ro b- et is s- He he w on ad d • n en of a on e op x- th 9 y iv- ud- • COMMISSIONERS . • \ \ \ \A -614 \� City of Newport Beach March 8, 1979 MINUTES - -ROLL CALL j - INDEX Poris Anderson, 2607 Ocean Boulevard, appeared'be- fore the Planning Commission to convey her objectio ko the development due.to the traffic congestion. She further relayed her observation of the area, de- the characteristics of the traffic, includ- �cribing ng motorcycle messengers, bed trucks carrying pipes, . +tankers and service units, and the hazard to child - 'ren in the public beach area. She expressed her con ern that this project involved a commercial venture hn a residential area. She further informed the Planning Commission that the Marine Laboratory h.as only 18 parking spaces to accommodate 25 employees. (Phillip Gold, resident of Way Lane, representing Richard Beauchamp and Steven Piper, appeared before the Planning Commission to convey his feeling that, as stated in the Resources Section of the California dministrative Code, this project is not categori- cally exempt, and that an Environmental Impact Report is necessary for the project for the reasons, a) that an amendment of this Use Permit involves a non-con- forming use on a residential unit, and b).the pre- vious exempting decision was via a ministerial ac- ion, whereas the present amended application has ecome discretionary under 15073D of the California dministra.tive Act. He further expressed his oncern in regard to the-existing grade of the rea to be developed for parking and also the mount of land excavation that must necessarily take lace. Mr. Gold further relayed his knowledge of everal letters from Caltech employees sent to the oastal Commission stating the intention to add 3 -4 dditional staff, and his observation that large ser ice vehicles do not fit into the offstreet parking rea and are in the middle of Dahlia Avenue while nloading. He further expressed his concern that th erm "temporary use" was illusionary$ as the Modifi- ations Committee can continue to extend beyond the year period, indefinitely. In conclusion, Mir. old stated that office or laboratory space for re- search funded by the Department, of Energy andthe Natural Gas Institute, is not consistent with!.insti- tutional use. i Doris Masters appeared before the Planning Commissio to state her feelings that the laboratory office i .v -13- I ROL COMMISSIONERS n City of Newport Beach March 8, 1979 L CALL usage is detrimental to the health, safety, peace comfort and general welfare of persons residing i the neighborhood due to the congestion by commerc vehicles posing a fire hazard, inaccessibility to the cove pending any other emergency, and the dan of the additional traffic to small children. Charles Brokaw, Professor of Biology at Caltech, peared before the Planning Commission to inform t that they did not intend to use additional space include additional staff, but that changes includ only a relocation of the pier, the kelp culture chamber, and an addition of an emergency generato He additionally stated.that the staff is now usin the facility at the level anticipated at the time of remodeling, adding that staff is numbered betw 20 - 30, some of which are part -time, and two of which have been added in the last two months. He concurred that there is a reasonable possibility that the project would be completed within 5 yeas conclusively stating that the marine laboratory not interfere with the majority of the public bea traffic, as access to the public beach is primari via the stairs at the side of the vehicle route, rather than via Way Lane. In response to a question posed by Commissioner Beek, Mr. Brokaw replied that they would not pro- ceed with the project because funding of said pre ject is available only if they have access to the additional work space. He additionally explainee the nature of the grant as that of a federal grar from the Department of Energy, given on a year -tc year basis, renewable yearly, based on the.result of the year's findings. In response to a question by Commissioner.Haidinc Mr. Brokaw replied that were the amended Use Perm not granted, staff would necessarily do a l,imitec amount at the existing marine laboratory, and a s amount at the main campus in Pasadena. Mr. Gold again appeared before the .Planning Commi sion to ask for a response concerning his comment as to the possible requirement of an EIR, to whit Hugh Coffin, Assistant City Attorney, responded t he had reviewed the provisions in the Public Re- sources Board regarding the guidelines adopted ur C.E.Q.A. and further stated that it would be appr riate to conduct a thorough environmental analysi -14- MINUTES INDEX , n. is ge ap he or e r. g ee Is, loe ch is ly t er it ma s- h ha deI op- s i ROLL CALL W Motion Ayes Noes L_A xix MINUTES City of Newport Beach March 8, 1979 to determine whether a Conditional Negative Declar ation should be issued, or whether an EIR should b prepared. Mr. Coffin further suggested a possible continuation of the matter so the determination ca be made by the Environmental Coordinator. He fur- ther clarified the nature of the problem as the. grading issue, as.mentioned under Section 15104 A under the Categorical Exceptions, dealing with mi- nor grading, including a more level slope.than men tioned in said application. Mr. Coffin then veri- fied that the project has indeed been vested. He additionally concurred that there is no time limi- tation on completion of a project following a granted Use Permit, and Mr. Hogan concurred with this, adding that there are several existing pro- jects of this type, primarily of an institutional or religious nature. . There being no others desiring to appear and be heard, the public heari.ng was closed. Commissioner Haidinger expressed his concern re- garding the density of the China Cove area, es- pecially considering the degree of negative res ponse from nearby neighbors during the public hear- ing proceedings. x (Motion was made that the Planning Commission deny x x!Amended Use Permit No. 1108, which MOTION FAILED. Commissioner Frederickson expressed his understand- ing that the intent of the Planning Commission and City Council was originally a welcome of this faci- lity.to perform its research work; involving the waters in our community, to determine alternate . energy sources, and he further stated that he would necessarily oppose the motion for denial. Commissioner Beek expressed his understanding that to deny the Use Permit would be to prohibit the building of the apartments, due to the concurrent funding by the Department of Energy, and he further conveyed.his feeling relating to the unfairness of denial on this basis. Commissioner Agee .stated that he would necessarily be voting in favor of a denial of Amended Use Per- mit No. 1108. -15- WDIX COMMISSIONERS City of Newport Beach March 8, 1979 ROLL CALL Commissioner Balalis conveyed his feeling that th use of the apartments for residential living as opposed to office facilities were not dissimilar, and further that a five year limitation should be included. Richard Hogan, Community Development Director, suggested a continuance of this item, pending.a reassessment of the Environmental issue. Motion x Motion was made that the public hearing be reoper All Ayes and that Item No. 8, Use Permit No.. 1108 (Amender be continued to the regular Planning Commission Meeting of April 5, 1979. The Planning Commission recessed at 9:34 P.M. anc reconvened at 9:44 P.M. Request to consider an amendment to Chapter 19.1( of the Newport Beach Municipal Code as it pertair to Condominium Conversions and the consideration of an Environmental Document. Initiated By: City of Newport Beach. Commissioner Balalis made mention of the future availability of additional information relating 1 this item, not presently accessible, and he sugge ed a continuance on this basis. Motion x Motion was made that Item No. 9, Amendment No. 53 All Ayes be continued to the regular Planning Commission Meeting.of April 5, 1979. ADDITIONAL BUSINESS: Request to consider an amendment to Chapter 20.1: of the Newport Beach Municipal Code as it applies to the residential development standards for the R -1 Residential District in old Corona del Mar. -16- MINUTES 1 INDEX e ea l 1), i IS 0 Item #9 AME.ND�M�E— ICONTIN- ng , 1979 :o !st '9, ADDITION- XL BUSI- S AMENDMEN' COMMISSIONERS City of Newport Beach March 8, 1979 ROLL CALL (Richard Hogan, Community Development Director, mentioned a request of the Homeowner's Group in the Corona del Mar area of a postponement of (Amendment No. 524, pending results of a poll tak by said homeowners. Motion x ;Motion was made to remove Amendment No. 524 from All Ayes the calendar. Motion x Motion was made that Commissioners Haidinger, All Ayes Cokas and Balalis be excused from the regular PI ning Commission Meeting of March 22, 1979. I I. I There being no further business, the Planning Co •: mission adjourned the meeting at 9:52 P.M. I I GE RGE C ZS,. Secretary Planning Commission City of Newport Beach i i -17- I MINUTES !n in n- INDEX