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HomeMy WebLinkAbout05/10/1984CQMAMSK)�M REGULAR PLANNING COMMISSION MEETING M HAES PLACE: City Council Chambers n x TIME: 7:30 p.m. R e � m DATE: May 10, 198}.4 peach mly ROLL CALL INDEX Present Motion Ayes Abstain F Ix Motion x Ayes x .x x Abstain I.Ill • E%- OFFICIO MEMBERS PRESENT James D. Hewicker, Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT William R. Laycock, Current Planning Administrator Donald Webb, City Engineer Joanne Baade, Secretary -to the Mayor /Administration APPROVAL OF THE MINUTES Minutes of April 16, 1984 Motion was made for approval of the Planning Commission minutes of April 16, 1984 as written, which MOTION CARRIED. Minutes of April 19, 1984 Motion was made for approval of the Planning Commission minutes of April 19, 1984 with revisions as follows: 1) That the paragraph on Page 76, pertaining to R /UDAT, be corrected to reflect that the Planning Commission scheduled a discussion of the proposed Specific Area Plan for McFadden Square /Cannery Village for its Study Session on May 24, 1984 at 3:00 p.m.; 2) That the fifth paragraph on Page 50 be corrected to reflect that Commissioner Person questioned whether it would be within the purview of the Commission to require the Applicant to delete video games from his plans; and 3) That the spelling of the repre- sentative's name from the Southland Corporation, who spoke on behalf of the Applicant in connection with Use Permit No. 3093, be corrected to read "Corbo ", rather than "Corvo" as was indicated in the minutes. MOTION CARRIED. Minutes/ 4/16/84 Minutes/ 4/19/84 i cc • m • C V 6 x O O o 9 S O 0 = P Motion All Ayes • May 10, 1984 nk Requests for Continuances 0 •` 1 Staff reported that the following agenda items are being recommended for continuance: Item No. 3 (Resubdivision No. 765 and Use Permit No. 3076) is recommended for continuance to the Planning Commission meeting of June 7, 1984. Item No. 4 (Use Permit No. 1581) (Amended) is recom- mended for continuance to the Planning Commission meeting of May 24, 1984. Item No. 6 (Use Permit No. 3095) is recommended for continuance to the Planning Commission meeting of May 24, 1984. MINJTES Motion was made to continue Agenda Item No. 3 to the Planning Commission meeting of June 7, 1984, and to con- tinue Agenda Items Nos. 4 and 6 to the Planning Commission meeting of May 24, 1984, which MOTION CARRIED. Exception Permit No. 14 (Discussion) Request to permit the installation of a roof - mounted pole sign on an existing commercial building located in the C -1 District. The proposed sign will also project 3 feet over the public right -of -way. LOCATION: A portion of Lot 5, Block M, Tract No. 323, located at 2756 East Coast Highway, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Heliotrope Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Robert Forstrom, La Canada OWNER: Alex Pourgol, Huntington Beach -2 �x r • m 3 3 E Motion All Ayes 0 May 10, 1984 M Commissioner Winburn stated that although she was not present at the Planning Commission meeting of April 19, 1984 when Exception Permit No. 14 was previously discus she has read the minutes of that meeting. M NHES Robert Forstrom, Applicant, appeared before the Planning Commission and discussed the background of this request. Mr. Forstrom advised that he has revised his signage plans and is now proposing to erect a four - foot -high parapet wall along the roof of the structure and to attach a 6' by 4' sign thereto. Mr. Forstrom added that he is requesting an exception of 12" from the established projection limit to enable him to install a 6' by 4' sign. During the course of his presentation, Mr. Forstrom commented that a 3' by 5' sign would be inadequate to meet his needs, par- ticularly in light of the signage associated with competi- tive ice cream stores in the area, and the obstructions that exist which would limit the visibility of a sign at the subject location. Chairman King relayed his position that the Applicant should conform to a 5' by 4' sign, which would not require an exception permit. Motion was made to deny Exception Permit No. 14, subject to the Findings contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the location of the business does not preclude the effective use of permitted signs. 2. That a five -foot projecting sign, as permitted by the Sign Code, is adequate to identify the business to passing vehicular traffic. 3. That the granting of such an exception permit is not necessary to protect a substantial property right, will be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, and detrimental or injurious to property or improvements in the neighborhood, and to the general welfare of the City. -3- • • • � r c G m s May 10, 1984 Lail mNurES Use Permit No. 2080 and Variance No. 1092 (Public Bearing) I Item 02 Appeal of Debbie Gray from Staff's interpretation of the Newport Beach Municipal Code as it pertains to the expira- tion date of Use Permit No. 2080 and Variance No. 1092 that permitted the construction of a retail commercial/ office building, a ferris wheel that exceeded the height limit, and related parking areas on the Fun Zone property on the Balboa Peninsula. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35,.Township G South, Range 10 West, San Bernadino Meridian, located at 600 East Bay Avenue, bounded.by East Bay Avenue, Washington Street, Palm.Street and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Debbie Gray, Newport Beach OWNER: Fun Zone Development Company, Newport Bea Commissioner Person stepped down from the dais and refrain- ed from deliberation on this agenda item. Commissioner Winburn stated that although she was not present at the April 19, 1984 meeting when this issue was discussed, she has read the minutes and has listened to the tape of that meeting. The public hearing was opened in connection with this item and Debbie Gray, Applicant, 746 Tustin Avenue, appeared before the Planning Commission and introduced Marko Botich, Project Architect, to the Commission. Marko Botich, of Continental Pacific Enterprises, appeared before the Planning Commission on behalf of the Applicant. Mr. Botich presented Commissioners with a projected time schedule for completion of the Fun Zone project. Mr. Botich reviewed the time schedule and requested that the time deadline for obtaining City building permits be extended to August 10, 1984. Mr. Botich discussed their intent to proceed in an orderly fashion on the plan prep- aration and discussed his desire for City staff support -4- UP 12080 and Variance 111092 Vesting Date Request Approved Condi- tionally M� May 10, 1984 �x F v m City of Newport. Beach MINUTES to enable the plan -check process to proceed expeditiously. During the course of his presentation, Mr. Botich stressed that they are confident that the time schedule can be met. Commissioner Balalis pointed out that the City cannot legally extend the life of a use permit. He then reviewed the results of the Planning Commission meeting of April 19, 1984, at which time the Planning Commission concurred that the project must be vested by July 26, 1984, i.e., that the bonds be posted, and the necessary approvals granted. Mr. Botich stated that they anticipate being able to sub- mit the plans to the City for plan check by June 15, 1984: In addition, Mr. Botich relayed the Applicant's willingness to pay overtime or to pay for the retention of outside consultants in order to expedite the plan -check process. In answer to Planning Commission inquiry, Mr. Botich stated • his belief that the Parcel Map is ready to be submitted to the County. Planning birector.Hewicker interjected that he does not believe that is the case and,added that the Public Works Department has not yet received the Parcel Map for plan check. Bob Wiebel, of Continental Pacific Enterprises, appeared before the Planning Commission, and stated that a member of the Planning Department staff informed him that the Parcel Map had been approved by the Planning Commission and City Council and was awaiting recordation. Planning Director Hewicker responded that following Plan- ning Commission and City Council approval of a Tentative Parcel Map, a Final Parcel Map must be prepared and be approved by the Public Works Department, County Surveyor's Office, County Recorder's Office, and the Board of Super- visors. Commissioner Balalis stated that 'a minimum of three months is generally required to record a Parcel Map and stressed the need for the Parcel Map to record by July 26, 1984. e x � r pp .v m 0 • • May 10, 1984 M MINUTES Commissioner Balalis suggested that the Applicant, or her representatives, meet with the Building Director to inves- tigate means of expediting the plan -check process, while at the same time assuring that other projects are not delayed because of this project. Mr. Botich responded that they would be willing to meet with the Building Director to explore the methodology of expediting the plan -check process. Commissioner McLaughlin noted that the 'staff report indi- cates that the devotion of a significant amount of staff time to this project may prove to be detrimental to other projects, and requested elaboration on this statement. Planning Director Hewicker responded that the Planning Department's workload fluctuates depending on the number of applications pending at any particular time. He added that the Department does not have the flexibility to hire additional people when the workload is excessive. Mr. Hewicker stated that staff is willing to make a concerted effort to. assure that the plans are processed through the City in a timely manner, but stressed that staff cannot dedicate all of its time to this project. Curt Herberts, 2290 Channel Road, appeared before the Plan- ning Commission and advised that he owns the property immediately across the street from the project on Washing- ton Street. Mr. Herberts stated that the head engineer for the project informed him that a significant amount,of subsidence is expected to occur in the area, i.e., 3' of subsidence at the construction site, tapering off to no subsidence occurring approximately 500 feet away. Mr. Herberts estimated, therefore, that his building will sink approximately 2'9" since it is located 30 feet away from the construction site. Mr. Herberts urged that City - retained engineers study this possibility. Mr. Herberts then stated that an exceptionally high tide occurred one evening last spring. As a result, Mr. Her- berts explained that there was approximately 18 inches of water above the sidewalk level near the ferry landing site on the Peninsula. Mr. Herberts went on to explain that he does not believe the project plans are sufficient to pro- tect the development from a high -tide situation, and sug- gested that a high tide would result in flooding of the underground parking structure. Im 0 • • x v Rgqo .rib 7CQs 3 � 3 May 10, 1984 MINUTES Planning Director Hewicker clarified that the issue before the Planning Commission this evening is to consider an appeal from staff's interpretation of the Newport Beach Municipal Code as it pertains to the expiration date of Use Permit No. 2080 and Variance No. 1092, and not to con- sider altering the previously approved development plans. Mr. Botich suggested the possibility of being granted one building permit for the project's subfoundation work, dewatering, and garage structure installation, and then being issued a second building permit at a later date for the building construction. Commissioner Balalis responded that the Building Department is reluctant to issue a foundation permit because of the complexity of the project, and relayed the Building Depart- ment's desire to review all plans prior to issuing the . building permits. Commissioner Balalis suggested, however, that the plans be submitted to Plan Check in components as they are completed, rather than submitting all plans to the City at one time. Planning Director Hewicker stated that the issue before the Planning Commission this evening is an appeal from staff's interpretation of the Newport Beach Municipal Code as it pertains to the expiration date of Use Permit No. 2080 and Variance No. 1092. Mr. Hewicker explained that when the project was approved in 1982, a condition was imposed which provided that demolition and construction will not be commenced until after September 6, 1982 (Labor Day), so as to avoid peak seasonal traffic. Mr. Hewicker added that the Newport Beach Municipal Code provides that a use permit will expire in twenty -four months from the date of approval if a building permit has not been issued prior to the expiration date and construction is not dili- gently pursued. In light of'the fact that the City would not allow construction during the summer months, Mr. Hewicker advised that the Applicant is requesting that the Planning.Commission establish a deadline of September 10, 1984, for the expiration of Use Permit No. 2080 and Vari- ance No. 1092. Debbie Gray reappeared before the Planning Commission and stated that she concurs with the Findings and Conditions of Approval recommended by staff, but suggested that Condition No. 3 be modified inasmuch as she did not feel -7- Motion Ayes Abstain • • ix May 10, 1984 ox r£ iF 3$ n x O m Co of N .�rYpV1 l Beach 3 y lJl °a a 0 a Ix MINUTES it would be necessary to provide for a 24 -hour a day on- site security service. Mrs. Gray stated that she can understand having a security officer stationed at the site during the evening hours, but questioned the need for an on -site security officer during day -time hours. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made.that Use Permit No. 2080 and Variance No. 1092 be deemed vested as of July 26, 1984, so long as the is compliance with the Findings and Conditions contained in Exhibit "A ", with the revision that Condition No. 3 be changed to read as follows: "That the property be secured on a 24 -hour basis with a security officer pro- vided on -site from 6:00 p.m. to 6:00 a.m. daily." In addition, that the Planning Commission recommend that the Applicant take control of the Parcel Map situation to assure that it is recorded in a timely fashion, that the Applicant be encouraged to work with staff as necessary, and that staff be requested to proceed expeditiously with the plan -check process, which MOTION CARRIED. Findings: 1. That the granting of this Use Permit and Variance extension request is consistent with the General Plan, the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That this extension request will not alter the previ- ously approved development plans. 3. The approval of the extension of Use Permit No. 2080, and Variance No. 1092, will not, under the circum- stances 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 improve- ments in the neighborhood or the general welfare of the City. 9 May 10, 1984 MINUTES e 7C f � 5 m 0 2 3e City of t Beach ROLL CALL INDEX 17J Conditions: 1. That all previously imposed Conditions of Approval of Use Permit No. 2080, Resubdivision No. 724, Variance No. 1092, and the Traffic Study shall remain in effect. 2. That all conditions of approval shall be met and building permits issued by July 26, 1984. 3. That the property be secured on a 24 -hour basis with a security officer provided on -site from 6:00 p.m. to 6:00 a.m. daily. 4. That the subject property shall be maintained in a clean and orderly manner at all times. All debris, broken equipment and other litter shall be removed from the site immediately. 5. That demolition shall begin on September 4, 1984, and construction shall commence within 120 days of July 26, 1984,. or this Use Permit and Variance shall become null and void. 6. That this matter shall be reviewed by the Planning Commission at its meeting of July 19, 1984. Planning Commission recessed at 8:45 p.m, and reconvened at 9:00 p.m. 0 Motion All Ayes n U F May 10, 1984 M :i J .I[ A. Resubdivision No. 765 (Public Hearing) MINUTES Request to resubdivide three existing lots and eliminate interior property lines so as to create a single building site for the purpose of converting and remodeling the existing commercial building on the property into a res- taurant. =1 B. Use Permit No. 3076 (Public Hearing) Request to permit the conversion of an existing two -story commercial building into a restaurant with on -sale alco- holic beverages, live entertainment, and dancing on proper- ty located in the C -1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, the acceptance of an off -site park- ing agreement for a portion of the required parking spaces, and the acceptance of an environmental document. LOCATION: Lots 4 -6, Block 3, Balboa Bayside Tract, located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Howard Properties, Newport Beach OWNERS: Ron Franklin and James Ray, Corona del Mar Planning Commission continued this agenda item to its meeting of June 7, 1984. -10- e;f x � r C o m o o 3 a 2 in = w F May 10, 1984 M :i J .I[ A. Resubdivision No. 765 (Public Hearing) MINUTES Request to resubdivide three existing lots and eliminate interior property lines so as to create a single building site for the purpose of converting and remodeling the existing commercial building on the property into a res- taurant. =1 B. Use Permit No. 3076 (Public Hearing) Request to permit the conversion of an existing two -story commercial building into a restaurant with on -sale alco- holic beverages, live entertainment, and dancing on proper- ty located in the C -1 District. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, the acceptance of an off -site park- ing agreement for a portion of the required parking spaces, and the acceptance of an environmental document. LOCATION: Lots 4 -6, Block 3, Balboa Bayside Tract, located at 503 Edgewater Place, on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa. ZONE: C -1 APPLICANT: Howard Properties, Newport Beach OWNERS: Ron Franklin and James Ray, Corona del Mar Planning Commission continued this agenda item to its meeting of June 7, 1984. -10- COMMSSIOPERSI May 10, 1984 WdNAES �x C Cc m i City Of 1. Beach 3 3Sii �i Use Permit No. 1581 (Amended) (Public Hearing) Item $4 Request to amend a previously approved use permit which UP #1561 permitted the establishment of the Red Onion Restaurant with on -sale alcoholic beverages and live entertainment Continued so as to allow the expansion of the "net public area" to for the purpose of constructing a dance floor and to allow 5/24/84 dancing in conjunction with the existing live entertainment The proposal also includes a request to pay an annual in- lieu fee to the City for all of the additional required off- street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 57 -25 (Resub- division No. 375) located at 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street, on the Balboa Peninsula. ZONES: C -1 and C -2 • APPLICANTS: Steve and Rick Loomis (The Red Onion), Newport Beach OWNER: Mrs. Jean Belden, Newport Beach Motion x Planning Commission continued this agenda item to its All Ayes meeting of May 24, 1984. i A. Traffic Study (Public Hearing) Item #5 Request to approve a Traffic Study so as to allow the con- Traffic struction of 23,550 sq. ft. (net) of office space on Study property located in the C -O -H District, and the acceptance of an environmental document. Approved AND AND B. Resubdivision No. 776 (Public Hearing) Resub. 776 Request to resubdivide land into two parcels for commercial Approved office development and two parcels for private open space Condi- . purposes: tionally j -11- May 10, 1984 N "ES a 7C y C 0 S • CL City Of NewWt Beach ROLL CALL NDEX LOCATION: A portion of Block 93, Irvine's- Subdivi- sion, located at 1601 Avocado Avenue, on the westerly side of Avocado Avenue, between San Joaquin Hills Road, and San ' Nicholas Drive, in Newport Center. ZONES: C -O -H and O-S APPLICANT: Albert J. Auer and Associates, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: J.P. Kapp and Associates, Inc., Tustin The public hearing was opened in connection with this item and Albert J. Auer, Applicant, 1127 Granville Drive, • appeared before the Planning Commission. Mr. Auer des- cribed the proposed project and concurred with the Findings and Conditions of Approval recommended by staff. There being no others desiring to appear -and be heard, the public hearing was closed. Motion x Motion was made to approve the Traffic Study, subject to All Ayes the Findings contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse h an unsatisfactory level of traffic on any "major ", "primary- modified ", or "primary" street. 3. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, the State EIR Guidelines . and City Policy. Based upon the information con- tained in the Initial Study and Negative Declaration, -12- Motion All Ayes LJ u May 10, 1984 MINUTES sufficient.mitigation measures have been incorporated to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Motion was made for approval of Resubdivision No. 776, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. 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. 4. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumula- tive affect of additional traffic generated by office development. Conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. -13- a x � r e o m 0 Motion All Ayes LJ u May 10, 1984 MINUTES sufficient.mitigation measures have been incorporated to reduce potentially significant environmental effects, and that the project will not result in significant environmental impacts. Motion was made for approval of Resubdivision No. 776, subject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. 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. 4. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumula- tive affect of additional traffic generated by office development. Conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. -13- e;, x r c f !9 e m n LJ May 10, 1984 MINUTES 4. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5.. That the on -site parking, vehicular circulation and pedestrian circulation systems be reviewed by the Traffic Engineer. 6. That provisions be made for ingress and egress over the adjacent parcels for access to the development prior to recordation of the parcel map. 7. That all vehicular access rights to Avocado Avenue except for one drive entrance, be released and re- linquished, to the City of Newport Beach. B. That the existing drive apron on Avocado Avenue be removed and replaced with curb, gutter and sidewalk and that all work be completed under an encroachment permit issued by the Public Works Department. 9. That a master plan of water, sewer and storm drain facilities be prepared for the on -site improvements prior to recording of the final map. Any modificatio or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 10. That an access ramp be constructed per City Std. 181 -L at the intersection of San Nicholas Drive and Avocado Avenue, that displaced portions of sidewalk be reconstructed along Avocado Avenue and that all work be completed under an encroachment permit issued by the Public Works Department. 11. That the new drive entrance be a minimum of 28 feet in width with a curb return type drive approach. 12. That prior to the recordation of the Parcel Map, the Irvine Company shall provide the City with an agreement which will provide for the dedication of sufficient additional roadway rights -of -way in Avocado Avenue to provide for a separate right -turn lane into the development and an acceleration lane out of the development. This extra width is to be in addition to the right- of-way needed to construct travel lanes and a bike lane (if needed). -14- • i . • n x Fr v e g m o_ May 10, 1984 MINUTES 13. That the applicant provide for a bicycle facility along Avocado Avenue in accordance with the provisions of the Master Plan of Bikeways currently being con- sidered in an upcoming General Plan Amendment. This may require widening the sidewalk by 4 to 6 feet, either reducing the parkway landscaping or providing additional easement for such a purpose. 14. Prior to the issuance of Building and Grading Permits, the applicant shall pay Fair -Share for circulation system improvements and noise walls as established by Ordinance to be adopted by the City. 15. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 16. That a grading plan, if required, shall include a com- plete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt; debris, and other water pollutants. 17. The grading permit shall include, if required, a des - cription of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 18. An erosion, siltation and dust control plan, if re- quired, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 19. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 20. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recom- mendations of a soil engineer and an engineering geologist subsequent to the completion of a.comprehen- sive soil and geologic investigation of the site. Per- manent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be fur- nished to the Building:Department. -15- F r AT • AT W C 6 0 O 3 y n Li n U May 10, 1984 MINUTES 21. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airp shall be included in all leases or sub - leases for space in the project and shall be included in any Covenants, Conditions, and Restrictions which may be recorded against any undeveloped site. DISCLOSURE STATEMENT The lessee, his heirs, successors and assigns, herein, acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such service; b) When an alternate air facility is available,.a com plete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will.continue to oppose additional commercial area service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City.of New- port Beach to phase out or limit jet air service at the John Wayne Airport. 22. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installa- tion of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the. Planning Department that the landscaping has been installed in accordance with the prepared plan). 23. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning and Public Works Departments. 24. That any roof -top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of SS dBa at the property line. -16- � x � = c m o x D e 3 3S$ . M • 0 May 10, 1984 •, MMJTES 25'. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 26. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 27. The Fire Department access shall be approved by the Fire Department. 28. That all access to the buildings be approved by the Fire Department. 29. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Departments. 30. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construc- tion activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 31. All proposed development shall provide for vacuum sweeping of parking areas. 32. The project should be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Sub - chapter 4 of the California Administrative Code dealing with energy requirements. 33. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 34. That the lighting system shall be designed and main- tained in such a manner as to conceal the light source and to minimize light spillage and glare to the adja- cent residential uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. -17- �x G a, b 0 20". • Motion All Ayes i1 May 10, 1984 Use Permit No. 3095 (Public Hearing) MINUTES Request to permit the establishment of a restaurant with on -sale alcoholic beverages on property located in the retail service commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes a request to pay an annual in -lieu fee to the City so as to allow a portion of the required off - street parking spaces to be located in the Mariner's Mile Municipal Parking Lot. A modification to the Zoning Code is also requested so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, and to waive a portion of the required landscaping within the off - street parking area, and the acceptance of an environmental docu- ment. LOCATION: A portion of Lot F, Tract No. 919, located at 2800 West Coast Highway, on the north- westerly corner of West Coast Highway and Riverside Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Yu -Ter Mau, Newport Beach OWNER: Francis J. Seitz, Tigard, Oregon Planning Commission continued this agenda item to its meeting of May 24, 1984. _18- 1 Item #6 U.P. #3095 Continued to 5 24 84 AM k • e !C r X V • m C s CL s n o May 10, 1984 \0� � - 1 M S.S. � O1 . t'•. ,1 A. Resubdivision No. 777 (Public Hearing) Request to resubdivide an existing parcel of land into a single lot for condominium purposes on property located in the R -4 District. uml B. Use Permit No. 3096 (Public Hearing) MINUTES Request to permit the construction of a 3- story, 2 -unit residential condominium development and related garage spaces on property located in the R -4 District. The proposal also includes a modification to the Zoning Code so as to allow portions of the proposed structure to encroach 16 feet into the required 20 -foot front yard setback area; to allow a 17 -foot and a 6 -foot building encroachment into a required 20 -foot secondary front yard setback on a portion of a flag lot; and to allow 10 -inch# building encroachments into the required 3 -foot 10 -inch± side yard setbacks on the rear portion of the parcel. LOCATION: Parcel No. 1 of Parcel Map 130-20 (Resub- division No. 590) located at 1821 West Bay Avenue, on the southerly side of West Bay Avenue, between 18th Street and 19th Street, on the Balboa Peninsula. ZONE: R -4 APPLICANT: Richard Zahn, Fullerton OWNER: Same as Applicant ENGINEER/ ARCHITECT: Jack Hester, Newport Beach The public hearing was.opened in connection with this item and Jack Hester appeared before the Planning Commission on behalf of the Applicant. Mr. Hester reviewed the project renderings, and concurred with the Findings and Conditions of Approval recommended in the staff report. -19- Item #7 Resub. #777 AND U:P. #3096 �x � r o m C 0 b O > 1 > M Motion All Ayes E i May 10, 1984 During the course of discussion, it was noted that the property line, in this particular case, is situated at the back of the sidewalk, rather than at the curbline. Hence, the main wall will be set back approximately 10' from the curb and the overhang will be set back approxi- mately 9' from the curb. MINURS There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3096, sub- ject to the Findings and Conditions contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project complies with all applicable standards, plans. and zoning requirements for new buildings applic- able to the district in which the proposed project is located at the time of approval, except for front and side yard encroachments. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The proposed setback encroachments are comparable to existing setbacks of other properties in the area and the approval of the requested encroachments will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code., -20- tx ? m 44 m 3 3 �3g zGxpv F o'_I f t L Motion All Ayes May 10, 1984 MINUTES 7. That the proposed development will generate an increase in daily trips sufficient in magnitude to warrant a fair -share assessment to mitigate the increased traffic congestion and traffic noise resulting from the cumula- tive affect of additional traffic generated by the residential development. I . 8. The approval of Use Permit No. 3096 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 neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and eleva- tions. 2. That two garage spaces shall be provided for each dwelling unit. 3. That all Conditions of Resubdivision No. 777 shall be fulfilled. 4. Prior to the issuance of Building and Grading Permits, the applicant shall pay Fair -Share for circulation system improvements and noise wall as established by Ordinance to be adopted by the City. Motion was made for approval of Resubdivision No. 777, subject to the Findings and Conditions of Approval con- tained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of sub- division. -21- �A e���xov • • May 10, 1984 M 2. That the proposed resubdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be recorded. 2. That all improvements be constructed as required by ordinance and the Public Works Department. HNUTES 3. That a standard subdivision agreement and accompanying surety be provided in order to.guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer 'systems unless otherwise approved by the Public Works Department. 5. That the existing drive depression on West Bay Avenue. be removed and replaced with curb and that a 5 -foot- wide sidewalk be constructed along the West Bay Avenue frontage; that all work within this public right -of -way be completed under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the property be from Vilelle Place. -22- �x r p ��n n7c pe 0 • May, 10, 1984 M .- 1 Use Permit No. 3097 (Public Hearing:) Request to establish an automobile sales and leasing facility on property located in the C -1 -H District. MINUTES LOCATION: Lots 14 -17, Tract No. 1210, located at 600 West Coast Highway, on the northerly side of West Coast Highway, across from Bay- shores. APPLICANT: Pan American Auto Sales OWNERS: Leonard Horwin and Arnold Gordon, Beverly Hills The public hearing was opened in connection with this item and Joe Angelo appeared before the Planning Commission on behalf of the Applicant, Pan American Auto Sales. Mr. Angelo relayed the Applicant's concurrence with the Findings and Conditions of Approval recommended by staff, with the exception of Condition No. 9, which provides that no washing of automobiles shall be permitted on -site, unless the wash area is enclosed, and the drain is con - nected to the sewer system. Mr. Angelo stressed the im- portance of an automobile sales and leasing facility keeping its cars clean at all times, and relayed that Pan American Auto Sales utilizes an iodized water spray, which uses a minimal amount of water, to clean their vehicles. Planning Director Hewicker clarified that this condition is being proposed inasmuch as car - washing activities have created problems in the past. Specifically, Mr. Hewicker noted that the high volume of water and soap typically associated with car - washing operations has been known` to run off -site, concurrently picking up oils and other debris, and eventually carry this residue into the Bay. Chairman King referred to Mr. Angelo's comment that a minimal amount of water would be utilized, and pointed out that a residue would still accumulate on the ground sur- face over a period of time, and consequently be washed into the Bay with subsequent rainfall. -23- Item #8 A x C O £ s RL • May lo, 1984 MINUTES Planning Director Hewicker pointed out that in the last ten years, the City has required car - washing services in the City to be connected to a sanitary sewer system. Mr. Hewicker explained that connection to a sanitary sewer system would cause any residue to enter the sewer where it would be treated. Mr. Angelo questioned the possibility of the Planning Commission revising Condition No. 9 to permit washing of automobiles, provided water is utilized without any detergent additives. Chairman King.discussed the problems associated with the City attempting to police such a situation. Mr. Angelo stated his belief that the Applicant would be agreeable to taking their automobiles to a car - washing facility. In answer to a question posed by Commissioner King, Cur- rent Planning Administrator Laycock commented that Staff is recommending that an additional Condition of Approval be imposed, to wit: "That the eight on -site parking spaces shall not be used for automobile display at any time. Furthermore, four of said parking spaces shall be posted for customer use only." Commissioner Goff questioned whether the Applicant intends to leave the gate at the westerly portion of the fence. Mr. Angelo responded that the Applicant does intend to leave the gate at this location, and added that the gate would not be used and would remain locked at all times. Commissioner Goff discussed the issue of aesthetics and questioned whether the gate might be moved to the opposite side of the fence and a permanent fence be installed in place of the gate on the westerly stretch of the fence. Mr. Angelo responded that this would involve additional cost and stated that the Applicant will leave the gate intact at the westerly portion of the fence, and will install an additional gate on the opposite side of the fence, unless the Planning Commission requires a variation from this proposal. Commissioner Goff opined that the aesthetics of the car agency would be superior if a permanent fence were provi and a landscaped planter were installed along the fence. -24- May 10, 1984 MINUTES �C 3 M R O W City Beach. ROLL CALL JINDEX Motion All Ayes • • e Discussion ensued relative to.the proposed 15- gallon size trees, and Commissioner Goff voiced his opinion that the trees should be placed in containers that are more orna- mental than the boxes typically used to ship the plants. Commissioner Goff noted that there are inconsistencies between the Plot Plan and Condition No. 2, and specifically pointed out that the plot plan calls for planters that are a different shape than the square boxes used for shipping. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made for approval of Use Permit No. 3097, sub- ject to the Findings and Conditions contained in Exhibit "A ", with the following revisions: 1) That the second sentence of Condition No. 2 be expanded to read: "Said landscaping shall consist of minimum 15- gallon sized trees (i.e., palm trees or similar types) in the existing plan- ters along West Coast Highway or in decorative pots." 2) That an additional condition be added to read: "That the eight on -site parking spaces shall not be used for automobile display at any time. Furthermore, four of said parking spaces shall be posted for customer use only." MOTION CARRIED. Findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 3097 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 neigh- borhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. -25- o x � r � W y E • May 10, 1984 on MINUTES Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That the landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recrea- tion. Said landscaping shall consist of minimum 15- gallon sized trees (i.e., palm trees or similar types) in the existing planters along West Coast Highway or in decorative pots. Furthermore, landscaped planters shall be provided along the existing wrought iron fence fronting on West Coast Highway, except in front of the gate. Said landscaping shall be continuously maintain- ed. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 4. That the illumination of any open automobile display area shall be maintained in such a manner as to eliminate direct light and glare on adjoining proper- ties and on West Coast Highway. A timing.device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 5. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 6. The applicant shall provide for weekly vacuum sweeping of all paved areas and drives. 7. That the subject lots be held in common during the life of the applicant's lease and that severance of the lots shall constitute termination of this Use Permit. 8. That the approval of this application is for automobi sales only. No servicing or major repairs of auto- mobiles shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. 9. No washing of automobiles shall be permitted on -site, unless the wash area is enclosed, and the drain is connected to the sewer system. -26- ax r s m e May 10, 1984 l�. ,ice► ►����, �. .�, � MINUTES 10. That all improvements be constructed as required by ordinance and the Public Works Department. i 11. That arrangements be made with the Public Works Department in order to guarantee satisfactory com- pletion of the public improvements prior to imple- mentation of the use permit. 12. That the on -site parking vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 13. That the existing drive apron be reconstructed per City Std. 166 -L and that all work be completed under an encroachment permit issued by the California Department of Transportation. 14. That the applicant shall agree that the proposed development will not increase the need for on- street • parking along West Coast Highway and that the appli- cant agrees not to contest the removal of parking for the re- striping or widening of West Coast Highway on the grounds of lose of on- street parking. 15. That the eight on -site parking spaces shall not be used for automobile display at any time.. Furthermore, four of said parking spaces shall be posted for cus- tomer use only. • -27- A � m O 0 Motion All Ayes • May 10, 1984 o • General Plan Amendment 83 -1(d) (Discussion) Consideration of an expansion of scope of a previously initiated General Plan Amendment for the Fifth Avenue/ MacArthur Boulevard site. INITIATED BY: The City of Newport Beach WNUTES Planning Director Hewicker advised that staff is recom- mending the expansion of scope of General Plan Amendment 83 -1(d) so as to expand the range of possibilities that can be considered for the _Fifth Avenue/MacArthur Boulevard site. In answer to a question posed by Commissioner Winburn, Planning Director Hewicker indicated that the subject site won't be designated on the General Plan for senior citizen housing, but pointed out that the proposed expan- sion of scope of GPA 83 -1(d) would allow that possibility. Commissioner Goff voiced concern with the density of A 120 -unit project and questioned the possibility of the development being used for individuals other than senior citizens. Planning Director Hewicker pointed out that the reason for requesting the increase in density from 60 dwelling units to 120 dwelling units is due to the possibility. that the City may wish to consider a senior citizen hous- ing project on this site in the future. Mr. Hewicker noted that most senior citizen projects have some type of a sponsor, but pointed out that in the absence of a sponsor, there are ways in which the City can guide the design of the project to make it more desirable for senior citizens, as opposed to other people looking for housing in the market place. Motion was made to recommend to the City Council the expansion of scope of General Plan Amendment 83 -1(d) for the Fifth Avenue /MacArthur Boulevard site, which MOTION CARRIED. -28- #9 83 -1 COMMSS OILERS May 10, 1984 MII� ITE$ C4 of NeAwt Beach - e � 0 Iq./l.L CAU 11`M • Motion Ayes Nays Abstain Motion All Ayes Modification No. 2931 (Appeal) (Discussion) Request by the Applicant to reconsider the Planning Mod Commission's denial of Modification No. 2931 to permit the construction of a solar greenhouse room that is pro - Rye posed to encroach 3 feet into the required 6 -foot rear Rec yard setback area. lati LOCATION: Lot 105, Tract No. 6152 located at 1407 Seacrest Drive, on the southwesterly side of Seatrest Drive, between Sandcastle Drive and Catamaran Drive, in Harbor View Hills. ZONE: R -1 -B APPLICANT: Jack Love, Corona del Mar OWNER: Same as applicant APPELLANT: Same as applicant Commissioner Balalis noted that Chairman King was not present at the Planning Commission meeting of April 5, 1984, at which time the Planning Commission denied Modification No. 2931. In addition, Commissioner Balalis noted that Chairman King is a resident of the subject community and had information relative to the application which he did not have an opportunity to relay to the Commission. Consequently, motion was made that the Planning Commission reconsider its denial of Modification No. 2931, which MOTION FAILED. ADDITIONAL BUSINESS Motion was made to set a public hearing for June 7, 1984 Newport in conjunction with a condition previously imposed on the Beach Newport Beach Tennis Club (Use Permit No. 3071), which Tennis MOTION CARRIED. Club /Set for Hear- * * * ing -29- . v n y 0 s 3 • May 10, 1984 RELc t � •. Commissioner Kurlander was excused from the May 24, 1984 Planning Commission meeting. There being no further business, the Planning Commission adjourned at 9:45 p.m. James Person, Secretary City of Newport Beach Planning Commission -30- MINUTES