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HomeMy WebLinkAbout03/18/1982� m m c c m D REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: March 18, 1982 of Newport Beach MINUTES I I I I I I I I I I ) L L CALL 1 1 1 1 1 1 1 1 1INDEX xlxlx 1 J Motion All Ayes X x Motion All Ayes x x r� l__ J ■ All Present. * x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City - Attorney * x STAFF MEMBERS PRESENT: Robert Lenard, Advance Planning Administrator W. William Ward, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary APPROVAL OF THE MINUTES Minutes of February 18, 1982 Commissioner Allen referred to Finding No. 8 on Page 18, and Condition No. 24 on Page 21, and stated that it was the Commission's intent to preserve the pedestrian views of the bay and ocean on Santa Ana Avenue. She suggested that the words, "of the bay and ocean" be included in Finding No. 8 on Page 18, and Condition No. 24 on Page 21. Motion was made for approval of the Minutes of February 18, 1982, as revised, which MOTION CARRIED. Minutes of March 4. 1982 Motion was made for approval of the Minutes of March 4, 1982, as written, which MOTION CARRIED. -1- Motion All Ayes 0 March 18, 1982 f m S W m m City of Newport Beach Planning Director Hewicker advised the Commission that the applicant has requested that Items No. 4 and 5 - Use Permit No. 2059 and Tentative Map of Tract - No. 11744 be removed from the calendar. He further advised the Commission of the following requested continuances: Item No. 6 - Use Permit No. 1986; and, Items No. 8 and 9 - Traffic Study and Use Permit No. 2066, to the Planning Commission Meeting of April 8, 1982. JJJJ Motion was made to continue the above listed items to X X X X the Planning Commission Meeting of April 8, 1982, which MOTION CARRIED. - * * k MINUTES INDEX Request to amend Chapter 20.73, Residential Condominium I Item #1 Projects, of Title 20 of the Newport Beach Municipal Code. INITIATED BY: The City of Newport Beach Planning Director Hewicker presented background information on this item. He distributed to the Commission additional information sheets relating to a prior condominium conversion and the criteria which may be used in considering applications for condominium conversions. Mr. Barnett Larks, resident of 1901 Beryl Lane, and Vice - President of Friends of Oasis Senior Citizen Center, appeared before the Commission.. Mr. Larks referred to his letter dated March 9,, 1982, and discussed the data submitted. He stated that the proposed ordinance will deny rental units to senior citizens and those currently occupying the rental units. He stated that specific arrangements must be provided for the relocation of these renters. Commissioner Balalis advised Mr. Larks that on April 22, 1982, the City will hold a meeting pertaining to the Housing Element, in which all types of housing will be discussed. f IIIIIIII 1 -2. AMENDMENT N0. 568 V %f V Al 1`1 "' March 18, 1982 �x Vim: W City of Newport Beach Mr. Dick Hogan, representing Properties West, appeared before the Commission in support of the proposed ordinance. He stated that the proposed ordinance will provide ownership housing for many people at a lower cost than any other means of providing housing in the City. Commissioner Kurlander requested that the staff explain the building inspection procedure which would take place prior to the conversion of a unit. He expressed his concerns relating to inadequate electrical service and pressure relief valves on hot water heaters. Planning Director Hewicker stated that the inspection would be primarily oriented toward the life /safety aspects of the building and making certain that it_ meets the requirements of the Building Code. Planning Director Hewicker stated that further detailed information can be obtained from the Building Official. Commissioner Kurlander suggested that definite . standards and criteria be established for the building inspection which would take place prior to the conversion of a unit. He stated that such guidelines would protect the prospective buyers. Commissioner Balalis stated that there are no inspections made which protect the renter who has been living in a unit. He suggested that any violations of the Building Code should be made available to the prospective buyer of a converted unit. He stated that the converted units must be kept affordable for the people to purchase. He stated that the City inspection should include those items related to health, safety and welfare. Commissioner Allen expressed her concern that the condominium conversions will involve more than one owner. She stated that the building inspection will alert the Commission as to any problems in the units. She stated that either these problems can be corrected or a disclaimer notice can be made available to the new buyer which lists the potential problems. -3- u MINUTES INDEX r c 'v me 7cmd D March 18, 1982 of Newport Beach MINUTES ALL CALL I I I I H I I I INDEX • Commissioner Balalis stated that the more detailed that the City is involved in the inspection, the greater the responsibility the City has to the buyer. Mr. Burnham, Assistant City Attorney, stated that the Condominium Conversion Ordinance currently requires that projects shall comply with all applicable standards, plans, specifications, as adopted by the City and State Building Codes and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. And further, that the most restrictive regulations shall apply. He stated that the Commission can modify or waive the requirement that the conversion be brought up to Code with a four - fifths vote. Planning Director Hewicker stated that special inspections for condominium conversions, prior to the existing ordinance, have been required. He also stated that the deficiencies found have been required to be corrected prior to occupancy of the unit. Commissioner Kurlander stated that a cursory inspection of the building would not be adequate for the conversion of a unit, in order to protect the City and the buyer. He stated that the ordinance should include standards and criteria for the building inspector to follow. Commissioner King requested information relating to the items which are currently examined by a building inspector on a routine inspection. Mr. Hogan stated that the proposed ordinance requires that any conversion meets the requirements of the Building Code. He stated that the depth and intensity of the inspection is an administrative decision which could be reviewed by the Planning Commission. Commissioner Balalis suggested that any unit older than two years, be charged $100.00 per unit, for the inspection fee. Planning Director Hewicker cautioned the Commission in setting such a fee and suggested that the fee not be established in the ordinance. • I I I I I I I -4- � x � r c m W March 18, 1982 of Newwrt Beach MINUTES IrLL CALL I 1 1 1 1 1 1 1 I INDEX Commissioner Balalis stated that the fee to be established should be reasonable for the inspection of a unit to be converted. Commissioner Beek asked if the City would be held more responsible after performing a more rigorous inspection. Mr. Burnham stated that the City would only, be held liable if the building inspector sees violations and fails to advise the appropriate parties and does so with the intent to defraud subsequent purchasers. He stated that the. City would not be held liable for a. negligent inspection. He stated that the seller is relieved of responsibility when a certificate of occupancy is issued, which indicates. that the seller has complied with all of the applicable rules and regulations. Mr. Burnham .then briefly discussed the Versailles conversion. In response to a. question posed by Commissioner King, Mr. Burnham stated that administratively, a building inspection report of violations can be made available to all parties. He stated that the original inspection check list, which is a part of the building permit, would probably not be sufficient to alert a buyer of the problems initially perceived by the inspector. Commissioner Winburn referred to the additional information sheet on the Westcliff Drive conversion and requested information as to the current sales price of these units and the equity which the owners currently have. She also requested information on the rents for comparable units in the area. Planning Director Hewicker stated that the staff would attempt to obtain such information. Commissioner Balalis asked if an explicit inspection check list places more liability on the City. Mr. Burnham stated that a more in depth inspection does not create a greater liability to the City, as long as the inspection is conducted in good faith. Commissioner Allen expressed her concern that a mechanism must be established to assure the City and to transmit information of potential problems to the buyers of converted units. • -5- COMMISSIONERS MINUTES March 18, 1982 3 x � r c m � W . ®m x w. City. of Newport Beach a m m LL CALL INDEX Mr. Burnham stated that the more in depth that the inspection is performed, along with the requirement that the building be brought up to Code, the less chance there is for litigation. Commissioner Balalis stated that the Uniform Building Code. contains finite items for the building inspectors to follow. Motion • Ayes Noes X Planning Director Hewicker stated that he will verify with the City's Building Director, his interpretation relating to the provisions in the Uniform Building Code on building code violations. Motion was made to continue this item to the Planning Commission Meeting of April 8, 1982, in order for the staff to obtain the requested additional information from the Building,Department. Commissioner Balalis stated that he can not support the motion for a continuance. He stated that the .inspection for the conversion, of a unit should be identical as the inspection which is required for a building to be sold in the City. Commissioner King stated that the difference in this item is the opportunity to upgrade the converted units for the public safety. He suggested that the inspection list remain less extensive. Motion by Commissioner Kurlander for a continuance of this item to the Planning Commission Meeting of April 8, 1982, was now voted on, which MOTION CARRIED. * * r COMMISSONERS MINUTES March 18, 1982 � r c City, of Newport Beach c a m w LkL7CALL INDEX Request to reduce the amount of required parking for I the retail and office -uses in Lido Marina village, located in the C -1 -H District.- LOCATION: Property generally bounded by Via Lido, Central Avenue.. and Newport Bay, in Lido Marina Village. ZONE: C -1 -H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant M7 AND Request to amend a.previously approved use permit that allowed a nighttime and Sunday restaurant- theatre complex with on -sale alcoholic beverages and live • entertainment, so as to expand the net public area of the existing restaurant and to increase the hours of operation to include the service of lunch. The proposal also includes a modification to the Zoning Code so as to increase the number of compact and tandem parking spaces in .conjunction with the required .restaurant parking. LOCATION: A portion of Lot 2, Tract No. 1117, located at 3505 Via Oporto, on the southeasterly corner of Central Avenue and Via Oporto, in.Lido Marina Village. ZONE:C -1 -H .APPLICANT: Magic Island, Newport Beach OWNER: Lido Marina Village, Newport Beach Agenda Items No. 2 and 3 were heard concurrently due to their relationship. Commissioner Balalis stated that he would not be participating or voting on these items, due to .a possible conflict of interest. -- - - - March 18, 1982 X � r c m � m City of Newport Beach MINUTES INDEX Planning Director Hewicker 'presented background information on these items. He referred to a letter received from Mr. Callie, President of Magic Island, dated March 18, 1982. The letter requested approval of the use permit to increase the hours of operation to include the service of lunch Monday through Saturday in conjunction. with tour groups arriving.by bus.or other public conveyance. The letter also requested the construction of the proposed theater on the second floor of the complex and that occupancy of the theatre would not be permitted until such time that adequate parking for nighttime uses can be provided. Planning Director Hewicker stated that the location for the parking of the tour buses has not been established. He also stated that the parking for the lunchtime employees has not been established. He stated that he could not recommend the construction of the additional space for the .nighttime use, without providing the appropriate parking. • Ms. Susie Zaun, Project Manager for Lido Marina Village, requested approval of the variance to reduce the amount of parking for the office space. She stated that denial of the variance would create a definite hardship. Commissioner Beek stated that many people do not park in the parking structure because of the fee that is charged and suggested that the fee be lowered, or that the parking be free of charge. Ms. Zaun stated that it costs $12,000 to $16,000 per month to, maintain the parking structure. She stated that the parking fees have been lowered from fifty cents to thirty -five cents. She stated that free parking would create a problem with people parking in the structure for the entire day while visiting the beach. Planning Director Hewicker referred to Page 8 of the staff report, the middle column, and stated that the daytime and nighttime calculation of 436 parking spaces should be corrected to read 407 parking spaces. The. daytime available spaces of minus 2 spaces should be ,changed to minus 27 spaces. And, the nighttime available spaces of 0 should be changed to minus 28 spaces. He then referred to the first paragraph of- • Page 9 and stated that. the 297 spaces should be changed to 397 available spaces. -g- MMISSIONERS March 18, 1982 i x m F d City. of Newport Beach MINUTES 1111111110 MLL CALL I I I I Jill I INDEX Planning Director Hewicker stated that considering the existing deficiencies, and the requested addition of the required daytime employee parking, the variance would still be required for the office uses so as to reduce the overall parking requirement. He stated that in order for the parking structure to contain the required number of parking spaces, the standard spaces will. be needed, along with the compact and tandem spaces. Mr. Bill Darnell, the applicant's traffic consultant, referred to Page 9 of the staff report and stated that the 397 spaces as stated by Planning Director Hewicker, should be changed to 415 spaces. He stated that if the compact spaces for the daytime parking plan are granted, there are 389 parking spaces in the structure, in addition to the 26 legal spaces within the Bay Lido Building and Grand Prix Boutique properties, which result in a total of 415 available parking spaces. • Commissioner Allen voiced her concern that Mr. Darnell' is submitting his new parking numbers at the public hearing and that staff or the Commission has not had an opportunity to research such new numbers. Mr. .Darnell stated that the surrounding area was considered in his traffic study and explained the proposed plan for the parking structure. He stated that they concur with the staff's statement that the reduced parking rate apply only to the office uses and not the retail uses. He stated that there is a hardship in trying to bring the entire complex, including the Bay Lido Building and Grand Prix Boutique, under an umbrella parking requirement. He stated that the Bay Lido Building and Grand. Prix Boutique may be non- conforming uses and technically may not be required to have parking. He stated that because of the hardships involved, the granting of the variance is reasonable. Planning Director Hewicker stated that the Bay Lido Building and Grand Prix Boutique are legal non - conforming buildings but have provided some of their parking requirements on -site. He stated that this becomes required parking and that the parking spaces being referred to are those required spaces less the spaces provided. -9- JMMISSIONERS March 18, 1982 MINUTES 7m-l"M City of Newport Beach IIIIIIII11 ALL CALL I I I I III I I INDEX Commissioner Allen expressed her concern with restriping the .entire parking structure only to add to the parking space count. In response to a question posed by Commissioner Beek, Planning Director Hewicker stated that the Bay Lido Building and the Grand Prix Boutique buildings have been considered as a part of the Lido Marina Village complex. He stated that there are reciprocal and off -site parking arrangements which exist between these buildings and the other buildings in Lido Village. Mr. Darnell, stated that they are providing the 24 parking spaces required for the Lido Shops and the 50 spaces. required for the Bank of America: Commissioner King pointed out that the duration of the parking agreement with the Bank of America is for 3.0 years. Commissioner Winburn referred to the 74 required parking spaces for the Lido Shops and Bank of America • and asked how many of these spaces will become compact or tandem spaces. Mr. Darnell stated that these agreements do not stipulate that a standard, full -size space is required. He explained the proposed locations of the compact and tandem spaces. He stated that the majority of the Bank of America .parking is on the ground floor because of their high turn -over parking. Commissioner Beek suggested that the Commission take straw votes on these issues, in order for Mr. Darnell to prepare a final parking proposal, using the guidance of the straw votes. Commissioner Kurlander stated that there is already resistance from the public to utilize the parking structure and expressed his concern that the proposed compact parking spaces will only add to the resistance problem. Mr. Darnell stated that the resistance is not with the size of the parking spaces, but how to get more people to utilize the parking structure. Commissioner King expressed his concern that there is a, combined total of 459 employees in the area, but only 446 daytime and nighttime available parking spaces, which includes the 49 tandem spaces. He stated that this deficiency can not be overcome even when using • -10- E • COMMISSIONERS MINUTES March 18, 1982 r c m � m City of Newport Beach LL CALL INDEX every possible mechanism which is available. He also stated that the remaining merchants in the area must also be accounted for in competing for the parking spaces in the structure and on the street. Mr. Darnell stated that there are never 459 employees on duty during the same time period. He stated that the average employee peak demand at any one time is approximately 200 employees. He stated that many of the employees are part time employees or work on various shifts, therefore making the parking demand much less. Commissioner King stated that if the customers of this project are to be valet parked in the structure, the employees and remaining merchants in the area will still be competing for the parking in the structure, or street parking in adjacent areas. Mr. Darnell stated that their parking requirements takes into account the customer and employee total parking demand. He stated that this also includes marina uses. Commissioner Winburn asked if the applicant has considered other off -site street parking, rather than the 32nd Street lot. Mr. Darnell stated that the applicant has explored other off -site street parking. He stated that Mr. Callie could address this issue. .Mr. "Doug Dryer, owner- of the commercial building located at 3416 Via Lido, appeared before the Commission. Mr. Dryer disagreed with the parking numbers which were presented and urged the Commission to further evaluate the parking numbers. He stated that the Warehouse Restaurant is open for lunch, yet there are no required parking spaces listed for this daytime use. Commissioner Beek asked Mr. Dryer if he would rather pay a flat fee for the parking instead of the validation process. Mr. Dryer stated that depending on the fee involved, the merchants may be agreeable to such a fee. He stated that the merchants are in great need of the parking spaces. Commissioner Allen asked Mr. Dryer if the proposed tour bus operation would be beneficial to the Lido Shop merchants. Mr. Dryer stated that the tour bus -11- COMMISSIONERS MINUTES _ March. 18, 1982 X . R m City of Newport Beach LL CALL I INDEX operation would be beneficial to the Lido Shop and Lido Marina Village. merchants. However, he stated that according to his calculations, the parking structure will still be deficient in excess. of 175 parking spaces. Mr. Dryer stated that as part of their agreement, the Lido Shops have 200 validated spaces for the parking .structure, over and above their 24 parking spaces. Planning Director Hewicker explained to the Commission that the 200 validations for the parking structure does not mean 200 additional parking spaces. Mr. Dryer concurred. Planning .Director Hewicker stated that one parking space could be validated 200 times. Planning Director Hewicker discussed the history of the Warehouse Restaurant and explained why the use permit does not require parking for the limited lunchtime operation. Mr. Don McKay, representing the ownership of Lido • Marina Village, appeared before the Commission. Mr. McKay referred to the parking structure and explained the income which it generates and the value of the structure. He stated that the properties in Lido Marina Village were purchased at different times over the last few years. He also stated that there are no agreements between the Bay Lido Building and the owners of Lido Marina village. Ms. Robin Willis, a retail merchant in Lido Marina Village, stated that she fully supports the proposed bus tour operation. She stated.that this proposal will greatly help the local merchants and restaurants in the area. Commissioner Beek asked Ms. Willis if she would rather pay a flat fee for the parking or if she prefers the validation process. Ms. Willis stated that she would be willing to use the most feasible system in order to facilitate the parking for the customers. -MS. Diane Myerson, a retail .merchant, described the parking problems in the area, especially during the boat shows. She described the costs which her store must incur in order for her and her employees to • utilize the parking structure. She stated that valet -12_ -- — - "- March 18, 1982 � R a m w City of Newport Beach MINUTES I n L L CALL I 1 1 1 1 1 1 1 I INDEX • • parking on the roof could easily become a speedway with the young men .which would be driving the cars. She stated that the lighting, stairs and elevators in the parking structure have a negative. impact on her customers. However, she stated that she would be in favor of the bus tours operation because it would be bringing additional business into the area. Commissioner Kurlander asked Ms. Myerson if valet parking during the day would be an acceptable solution to some of these problems. Ms. Myerson stated that she and some of the other shop owners had experimented with a valet parking system a couple of years ago. She stated that the experiment was not successful, but that had it been sponsored by more of the shop owners, it may have been better received. In response to a question posed by Commissioner Allen, Ms. Myerson expressed her concern that if Magic Island is open during the lunchtime hours, there is the possibility that its members will also be utilizing the club, rather than just the tour bus operation. Ms. Myerson suggested that the lunchtime employees of Magic Island also be bused into the area; rather than restriping the parking structure. In, response to a question posed by Commissioner Beek, Ms. Myerson stated that had the experiment with valet parking been subsidized by Lido Marina Village, it may have been more successful. Mr. Michael Callie, President of Magic Island, appeared before the Commission. Mr. Callie requested approval to increase the hours of operation to include the service of lunch, Monday through Saturday for the bus tours operation. He stated that this will require 14 parking spaces for the employees and that the employees hours are staggered. He stated that he is currently searching for a closer parking location for the bus tours operation. He stated that in the interim, they can use the Laff Stop parking for the tour bus parking. He stated that a member of Magic Island could only use, the facility during the day, if he had obtained the required 75 to 80 persons to book a tour of the facility and only if that tour would be arriving by bus.' -13- COMMISSIONERS 3 x- r a m ro ?. m m x y. MINUTES March 18, 1982 - City of Newport Beach LL CALL INDEX Mr. Callie also requested permission to construct the proposed theatre on the second floor of the complex. He_ stated that they understand that occupancy of the theatre would not be permitted until such time as adequate parking for the nighttime uses can be provided. Commissioner King asked Mr. Callie if approval only of the luncheon tour group service for six months would.be acceptable, until available parking for the buses can be found within a five mile radius of the proposal. Mr. Callie stated that this would be acceptable. Mr. Callie also stated that they have available parking.at the Laff Stop which is approximately 12 minutes away. He stated that he is currently negotiating with the City for the use of the recreational vehicle lot located on West Coast Highway. Commissioner King stated that the Laff Stop is not within his suggested five mile radius. He stated that • there is an existing traffic and congestion problem in the Laff Stop area and the buses will only add to this problem. Mr. Callie stated that they will continue to search for available parking for the tour buses within five miles of the project. Commissioner Allen expressed her concern with the energy problem which this creates and suggested that the six month trial period will give the applicant the opportunity to find closer parking. She stated that tour bus operations can be very efficient in transporting large groups of people. Commissioner King suggested that the applicant find the parking for the tour buses within a five mile radius of the project, before the luncheon operation can begin. Mr. Malcolm Geffy, who operates a restaurant in Lido Marina .Village, stated that the bus tours operation will greatly benefit all of the merchants in the area. He stated that the bus tours proposal will. not greatly effect the impact on the parking structure. Commissioner King suggested that collectively, the merchants in the area who are in favor of the bus tours operation, should aid the applicant in locating a nearby site to park the buses. -14- e -7C � � m U m 7c m m a 3 March 18, 1982 of Newport Beach Motion X Motion was made to amend Use Permit No. 1956 to allow the bus tour .operation only for a lunchtime service, Monday through Thursday and Saturday, with the condition that before the lunchtime operation can begin, the applicant find available parking for the buses within a five mile radius of the structure. In response to a question posed by Commissioner Allen, Commissioner King stated that his motion did not include a trial basis time period. He stated that the applicant will have to provide staff with the contract for the bus parking, which is to be within a five mile radius of the structure, before the lunchtime service can begin. Chairman McLaughlin stated that she would 'be voting against the motion, because the applicant has had ample MINUTES INDEX opportunity to find other parking sites for the buses. She also stated that in the long term, this proposal will not be in the best interest of the reside_ nts of Lido Isle and all of the shops. Ayes X, X X X X .Commissioner King's motion was now voted on, which Noes X MOTION CARRIED. Abstain x Motion X Motion was made to reconsider the previous motion, Ayes X X X X X X which MOTION CARRIED. Abstain X Mr. Burnham, Assistant City Attorney, suggested that the variance request be voted on prior to the reconsideration of the amended use permit. Motion X Motion was made to approve Variance No. 1086, only to Ayes.. X X X X X the extent that it will waive the 14 employee parking Noes X spaces for the daytime bus tour operation of the Abstain X restaurant use and that the applicant shall require that his employees only park on the top floor of the parking structure, subject to the following findings and conditions, which MOTION CARRIED: - -15- MINUTES INDEX r 1 LJ • March 18, 1982 Of FINDINGS: Beach 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district that justify the waiver of the 14 employee parking spaces for the daytime operation of the restaurant use. inasmuch as the parking structure is not being fully utilized during the daytime and further that restaurant customers will arrive by public transportation and will not place an additional parking demand on the parking structure. 2'. That the granting of this parking waiver is necessary for the preservation and enjoyment of substantial property _rights inasmuch as the applicant .has demonstrated that some of the existing uses in Lido Village do not have the same parking demand as similar uses in other parts of the City. 3.. That the granting of such parking waiver will not, under the circumstances of the particular case, .materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. CONDITIONS: 1. That fourteen (14) employee parking spaces shall be waived for the daytime bus tour use of the Magic Island Restaurant. 2. That the daytime employees for the Magic Island Restaurant shall park on the top level of the parking structure. 3. That all conditions of Use Permit No. 1956 (Amended) shall be fulfilled. -16 MINUTES INDEX r c v m > 7c W °i a r 1 LJ • March 18, 1982 Of FINDINGS: Beach 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district that justify the waiver of the 14 employee parking spaces for the daytime operation of the restaurant use. inasmuch as the parking structure is not being fully utilized during the daytime and further that restaurant customers will arrive by public transportation and will not place an additional parking demand on the parking structure. 2'. That the granting of this parking waiver is necessary for the preservation and enjoyment of substantial property _rights inasmuch as the applicant .has demonstrated that some of the existing uses in Lido Village do not have the same parking demand as similar uses in other parts of the City. 3.. That the granting of such parking waiver will not, under the circumstances of the particular case, .materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. CONDITIONS: 1. That fourteen (14) employee parking spaces shall be waived for the daytime bus tour use of the Magic Island Restaurant. 2. That the daytime employees for the Magic Island Restaurant shall park on the top level of the parking structure. 3. That all conditions of Use Permit No. 1956 (Amended) shall be fulfilled. -16 MINUTES INDEX March 18, 1982 of Newport Beach MINUTES ALL CALL 1 1 1 1 III I I INDEX Amendment K Commissioner King amended his previous motion on the use permit to also reflect that since there is a current under utilization of the parking structure, that it be mandatory that the applicant enforce the parking of his employees on the top story of the parking structure and to exclude the balance of the requested use permit. Commissioner King restated his amended motion as follows: Motion was made to amend Use Permit No. 1956 to allow the bus tour operation only for a lunchtime service, Monday through Thursday and Saturday, with a condition that before the lunchtime operation can begin, the applicant.. find available parking for the buses within a five mile radius of the structure; that the applicant shall provide staff with the contract for the bus, parking; that it shall be mandatory that the applicant enforce the parking of his employees on the top story of the parking, structure; and; that the balance of the requested use permit is excluded. #Stain S X X X X X Commissioner King's amended motion on Use Permit No. S 1956 (Amended) as restated, was now voted on subject to . X the following findings and conditions, which AMENDED MOTION CARRIED: FINDINGS -: j I I I I I I I 1. That the proposed daytime bus tour operation, of I the restaurant is consistent with the General Plan, and is compatible with surrounding land uses. 112. The Police Department has indicated that they do not contemplate any problems, as long as adequate parking is available. 3. The proposed project will not have any significant environmental impact. 4. That the establishment, maintenance, or operation of the use of the property or building will not, under the circumstances of the 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 neighborhood or the general welfare of the City. -17- COMMISSIONERS March 18, 1982 Ffiti; City of Newport Beach 5. The approval of Use Permit No. 1956 (Amended), will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood of the general welfare of the City.. CONDITIONS: 1. That all applicable conditions, of Use Permit No. 1956 shall remain in full force and effect. 2. That the daytime hours of operation shall be modified to permit lunchtime service Monday through Thursday and Saturday for bus tour patrons only; and that before the lunchtime operation can begin, the applicant shall find available parking for the buses within a five mile radius of the structure. • 3. That prior to the use of the subject facility in accordance with the provisions of Condition No. 2 above, the City Traffic Engineer and Planning Director shall approve the location of the required bus parking, and shall be assured that said parking area has been committed to the applicant. If a suitable location can not be found, there shall be no daytime use for, large groups utilizing public or mass transportation. . 4. That the daytime use shall be limited to the "tour groups" arriving by bus or other public conveyance. 5. That there shall be no daytime use of Magic Island during the various boats shows or other similar special events at Lido Marina Village, or on any Friday, which are the heaviest banking and shopping days at the complex. 6. That the applicant shall require his daytime employees to park on the top story of the parking structure. 7.- That all conditions of Variance No. 1088 shall be fulfilled. _18_ MINUTES INDEX � r c 'vm 7c 0p 9i > • Motion IX I I I All Ayes X X X X X March 18, 1982 itv. of Newport Beach The Planning .Commission recessed at 10:10 p.m. and reconvened at 10:25 p.m. F: tel Request to permit the construct of a five unit residential condominium development and related garage spaces in the R -3 District, and the acceptance of an environmental document. AND Request to subdivide .62 acres into a single lot for a five unit, multiple family, residential condominium development. LOCATION: - A portion of Block D of Corona del Mar, located at 311 .Carnation Avenue, on the northwesterly side of Carnation Avenue, northeasterly of Seaview Avenue, in Corona del Mar. ZONE: R -3 .APPLICANT: Lyttle /Corona del. Mar, Tustin .OWNERS: Robert E. Meyer, Newport Beach and . Violet C. Ross, Corona del Mar ENGINEER: - - Robert O. Sukup, Tustin Staff advised the Commission that the applicant has requested that these items be removed from calendar until further notice. Motion was made to remove Use Permit No. 2059 and Tentative Map of Tract No. 11744 from the calendar, which MOTION CARRIED. -19- MINUTES INDEX AND Item #5 TENTATIVE COMMISSIONERS MINUTES .March 18, 1982 r m � m City of Newport Beach LL CALL INDEX Request to permit the construction of a single family Item #6 residential dwelling on property located in the C -1 -H District where a portion of the development exceeds the basic height limit within the 26/35 Foot Height Limitation District, and the acceptance of an environmental document. USE PERMIT N0. 1986 LOCATION: Parcel 1 of Parcel Map No. 59 -6 (Resubdivision No. 418), located at 1900 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club. ZONE: C -1 -H I I 1 ( I APPLICANT Ficker and Ruffing Architects, Newport Beach OWNER: Tract 1210, Ltd., Corona del Mar Staff advised that the owner has requested that this item be continued to the Planning Commission Meeting of April 8,1982. Motion I -XI I I I j I Motion was made to continue Use Permit No. 1966 to the Al Ayes X X X X Planning Commission Meeting of Aril 8, 1982, which MOTION CARRIED. * * x • '�� I I I I I -20 Continued tooA April 8, 1982 March 18, 1982 MINUTES � r c City of Newport Beach c s a m m INDEX Request to allow a portion of the required open space Item #7 to be provided contiguous to but beyond the area permitted for said open space, and to maintain a dimension of less than 6 feet, in conjunction with the remodel of an existing single family dwelling in the R -1 District. LOCATION: A portion of Lot 24, and Lot 26, Block VARIANCE 138, Corona del Mar Tract, located at N0. 0090 228 Larkspur Avenue, on the easterly side of Larkspur Avenue, between Seaview Avenue and Ocean Boulevard, in Corona del Mar. ZONE: R -1 - - APPROVED CONDI- APPLICANTS: Michael and Debbie Mullin, Corona del RUN—ALLY Mar OWNER: Same as applicants - • The public hearing opened in connection with this item and Mr. Bruce Jordan, representing the architect, Brion Jeannette and Associates, appeared before the Commission. Mr. Jordan distributed pictures to the Commission which depicted the existing residence and the affects of the proposed variance. He stated that a hardship exists because the existing setback area should count as the required open space cubic footage. He stated that they are providing considerably more open space than what is required. In response to a question posed by Commissioner Beek, Mr. Jordan stated that the house has been designed from a solar standpoint and that they are attempting to maximize the solar aspects. Planning Director Hewicker stated that the open space requirements which are in effect for the R -1, R -3 and R -4 Districts do not conform with the existing open space requirement for the R -2 Districts. He stated that the Commission may desire to initiate an amendment to the Newport Beach Municipal Code to standardize the open space requirements for all zoning districts in the Residential Development areas, or throughout all • residential areas of the City. -21- r March 18, 1982 of Newport Beach MINUTES WLL CALL 1 1 1 1 1 1 1 1 1 INDEX Rio n Substitute Motion Ayes Noes R .Mr. Scott Whitehouse, resident of Corona del Mar, asked if this project will be a duplex. Planning Director Hewicker stated that this project is located in the R -1 District and is a single family dwelling. Mr. Whitehouse expressed his concern with the many duplexes and rental units which are being approved on Marguerite Avenue. Mr. .Michael Mullin, the owner, appeared before the Commission. Mr. Mullin stated that to set back the existing first floor to the required 6 feet, will demolish the existing wall of the living room and will create a tremendous hardship. Commissioner Beek stated. that the definition of the open space requirement and the minimum six foot setback is ambiguous. He stated that the intent of the requirement is not to just allow 6 foot setbacks or 12 foot and 0 foot setbacks, but to also allow 3 and 9 foot setbacks, 5 and 7 foot setbacks, or any other combination which adds up to the same amount of cubic space, which all meet the intent of the law. Motion was made. to allow the 1,649.5 cubic feet where the house is set back five feet to be counted as a part of the open space. The 264 cubic feet can not be counted because it is more than 12 feet back. The applicant shall be required to supply the other 60 cubic feet required for the total 3,456 cubic feet. Commissioner Beek stated that a variance is not needed in order to accomplish this, only an instruction to the staff as to how:the law is to be interpreted. Substitute Motion was made for approval of Variance No. X 1090, subject to the following findings and conditions, y which SUBSTITUTE MOTION CARRIED: FINDINGS: 1: That there are exceptional or extraordinary circumstances applying to the building proposed in this application as it pertains to the provision, of open space, which circumstances and conditions do not generally apply to buildings in the. same district inasmuch as the building has a 20 foot front setback where a majority of the structures in the area have 15 foot front setbacks. 1 1 -22- March 18, 1982 r c m � m a. m m w. > City of Newport Beach c s a m m 2. That the granting of a variance to the open space requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as adequate open space is being provided elsewhere on the property. 3. That the establishment,.maintenance, and operation of the remodeled single family dwelling with the .required open space provided elsewhere on the site will not, under the circumstances of the 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 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 elevations except as otherwise provided below. -2. That all vehicular access be taken from the alley. • 3. That two garage parking spaces shall be provided in conjunction with this project and that said parking spaces shall be used exclusively for the parking of vehicles associated with the single family residential use. 4. Chimneys shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code. -23- MINUTES INDEX March 18, 1982 � r c m ' m City of Newport Beach Request to consider a Traffic Study in conjunction with the development of a 41,494 sq. ft..± marine office and retail commercial center. AND Request to permit the construction of a marine office and retail commercial center in the Recreational Marine Commercial Area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable area of the site. The proposal also includes. a Modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required off - street parking spaces, and the acceptance of an environmental document. Motion All Ayes • i Staff recommended that these items be continued to the Planning Commission Meeting of April 81 1982, pending review of additional information required by the City in conjunction with the Traffic'Study. JJ J Motion was made to continue these items to the Planning X X X Commission Meeting of April 8, 1982,. which MOTION CARRIED. _ * x -24- MINUTES INDEX I N , LOCATION: A portion of Lot G, and Lot M, Tract No. .919, located at 3101 West Coast Highway, on the southerly side of West Coast • Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Richard V. Valdes and M.V. Threinen, - Irvine OWNERS: Same as applicants Motion All Ayes • i Staff recommended that these items be continued to the Planning Commission Meeting of April 81 1982, pending review of additional information required by the City in conjunction with the Traffic'Study. JJ J Motion was made to continue these items to the Planning X X X Commission Meeting of April 8, 1982,. which MOTION CARRIED. _ * x -24- MINUTES INDEX I N , COMMISSIONERS MINUTES March 18, 1982 3 � � r � City. of Newport Beach LL CALL INDEX Request to permit the establishment of a take -out Item #10 restaurant facility in the Unclassified District, and to waive a portion of the required off - street parking. LOCATION: Portions of Parcels No. 1 and No. 3 and USE PERMIT all of Parcel No. 2, Record of Survey NO. 2067 35 -25, located at 3138 West Balboa Boulevard, on the southeasterly corner of West Balboa Boulevard and 32nd Street in Central Newport (Market Basket Shopping Center). ZONE: U - APPLICANT: Joseph James Rubino, Santa Ana OWNER: W. J. Cagney, Newport Beach. AND AND Request to permit the establishment of a take -out restaurant facility in the Unclassified District, and to waive a portion of the required off - street parking.. Item #11 LOCATION: Portions of Parcels No. land No. 3 and all of Parcel No. 2, Record of Survey 35 -25, located at 3136 West Balboa Boulevard; on the southeasterly corner USE PERMIT of west Balboa Boulevard and 32nd Street N0. 2069 in Central Newport (Market Basket Shopping Center). - ZONE: U APPLICANT: Stanley Chin, Santa Ana BOTH OWNER: W. J. Cagney, Newport Beach APPROVED Agenda Items No. 10 and 11 were heard concurrently due to their relationship. The public hearing opened in connection with these. items and Mr. 'Joseph Rubino and Mr. Stanley Chin, the ,applicants, appeared before the Commission and requested approval of these applications. \AMISSIONERS March 18, 1982 m W City of Newport Beach Mr. Don Adkinson, representing the owner of the shopping center, stated that they are in support of the requested applications. Commissioner Beek expressed his concern with the litter and trash problems which are created by take -out restaurants. He also stated that additional inside seating should be provided by such restaurants in order to control the litter problem. Motion X Motion was made for approval of Use Permit No. 2067, Ayes X K X X X X subject to the following findings and conditions, which Noes X MOTION CARRIED•. . FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. • 2. The .proposed restaurant will not have any significant environmental impact. 3.. That the waiver of the development standards as they pertain to walls, and a portion of the parking requirements will not. be detrimental to adjacent properties inasmuch as the site is fully developed. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No 2067 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS 1. That development shall be in substantial conformance with the approved floor plan. . -26- MINUTES INDEX MINUTES March 18, 1982 m E m City of New Beach a m ro INDEX 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and streets. 3. That all new signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 4. That the development standards pertaining to walls, and a portion of the parking spaces be waived. 5. That grease interceptors shall be installed on all fixtures in the restaurant. facility .where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 6. That the restaurant employees shall park on site during all hours of operation. i 7.. That the service of any alcoholic beverages is prohibited without first obtaining an amendment to this use permit. 8. That the restaurant facility shall be limited to the hours of 11:00 a.m. to 11:00 p.m. daily. 9. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the South Coast Air Quality Management District. 10. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 11. That trash receptacles shall be provided in convenient locations inside and outside of the subject building. COMMISSIONERS MINUTES March 18, 1982 n A m � m City. of Newport Beach Lor7CALL INDEX Motion 1x1x1 I I I Motion was made for approval of Use Permit No. 2069, All A.es X X X xl� subject to the followin g findings and conditions, which MOTION CARRIED: FINDINGS 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls, and a .portion of the parking requirements will not be detrimental to adjacent properties inasmuch as the site is fully developed. 4. The Police Department has indicated that they do • not contemplate any problems. 5. The approval of Use Permit No 2069 will not, under the circumstances of this case be detrimental to the health, safety, peace, 'morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare'of the City. CONDITIONS 1. That development shall be in substantial conformance with the approved floor plan. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and streets. 1 1 I I I I 1 3. That all new signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code. 4. That the development standards pertaining to walls, and a portion of the parking spaces be waived. • 11111111 -28- � r � � m c s n F m m D • r 1 March 18, 1982 of Newport Beach 5.. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 6. That the restaurant employees shall park on site during all hours of operation. 7. That the service of any alcoholic beverages is prohibited without first obtaining an amendment to.this use permit. 8. That the restaurant facility shall be limited to the hours of 11:00 a.m. to 11:00 p.m. daily. 9. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the South Coast Air Quality Management District. 10. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 11:, That trash receptacles shall be provided in convenient locations inside and outside of the subject building. x -29- MINUTES INDEX 0 X Request to establish a commercial dry cleaning facility O' m 7c m °i D in the C -1 District. The proposal also includes March 18, 1982 of Newport Beach MINUTES INDEX APPLICANT: Neal Bergstrom, Costa Mesa - BOTH APPROVED OWNER: Same as applicant CONDI- TIONALLY ENGINEER: Osborn & Associates, Santa Ana Agenda Items No. 12 and 13 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Neal Bergstrom, the applicant, appeared before the Commission and requested approval of these • applications. -30- Request to establish a commercial dry cleaning facility Item #12 in the C -1 District. The proposal also includes modifications to the Zoning Code so as to allow a portion of the proposed building, a portion of the required off - street parking and a proposed trash enclosure to encroach into the required 10 .foot rear USE PERMIT yard setback, adjacent to an alley and to allow one NO. 2068 tandem parking space where the Zoning Code provides that all required off - street parking in the C -1 District shall be independently accessible. The proposal also includes a portion of the required off- street parking in a public .alley presently being considered for abandonment. AND AND Request to establish a single parcel of land and • eliminate an interior lot line where one lot and a" portion of a second lot presently exist so as to allow Item #13 the construction of a new commercial building. LOCATION: Lot 3 and a portion of Lot 4, Block "O ", Tract No. 323, located at 2934 East - RESUB- Coast Highway, on the northeasterly side DIVISION of East Coast Highway; between Iris NO. 721 Avenue and Heliotrope Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Neal Bergstrom, Costa Mesa - BOTH APPROVED OWNER: Same as applicant CONDI- TIONALLY ENGINEER: Osborn & Associates, Santa Ana Agenda Items No. 12 and 13 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Neal Bergstrom, the applicant, appeared before the Commission and requested approval of these • applications. -30- March 18, 1982 � r � m � m City of Newport Beach a m m Commissioner Allen asked Mr. Bergstrom if he would be agreeable to a condition that there be no business activity prior to 7:00 a.m. on the site. Mr. Bergstrom stated that this would be acceptable.. Planning Director Hewicker referred to the supplemental staff report prepared on Use Permit No. 2068, which suggests an additional condition relating to the deletion of the removable posts and chain. Mr., Nichols, resident of 519 Iris- Avenue, appeared before the Commission and stated that he is generally in favor of .the project. However, he referred to his letter dated March 16, 1982, and reiterated his concerns relating to the setbacks, trash enclosure, deletion of the chain, a property divider between the residential and commercial property, and the utility pole relocation. Mr. Nichols also .expressed his concern with the 55 dba . at the property line and stated that this is a tremendous noise. factor. Planning Director Hewicker stated that the 55 dba at the property line is a standard condition which is used in conjunction pool equipment and equipment of this nature. .Mr. Richard Foster stated that he had helped Mr. Bergstrom prepare this plan. He stated that the dry cleaning equipment will not make a tremendous noise, and that the condition states that the equipment shall not exceed the 55 dba. Mr. Foster requested relief from the requirement to reduce the proposed building area by 54 square feet, in order to house the equipment in the rear of the building. He stated that this will not change the occupancy load, use or flow of traffic of the building. Mr. Foster referred to Condition of Approval No. 6.of Resubdivision No. 721, which requires the alley northeasterly of Iris Avenue and East Coast Highway to be vacated prior to the issuance of any building permits. He stated that this condition will place a hardship on the applicant, if the alley can not be vacated in the near future. • _31_ r MINUTES INDEX MINUTES. March 18, 1982 :E rc m � m a. m City of Newport Beach n m m MLL CALL V I I I H I I I INDEX r--1 LJ Mr. Leon Matusik, general manager of the restaurant located adjacent to the proposed project, appeared before the Commission. Mr. flatusik distributed to the Commission photographs of the alley. He stated that there is no commercial loading zone in this area and expressed his concern that the alley is needed for the traffic flow. Mr. Don Webb, City Engineer, stated that this is the first request to construct the alley. He stated that the majority of the requests are for the abandonment of the subject alley. He stated that the construction of the alley may not solve the problems which Mr. Matusik is referring to. Mr. James Schwarz, resident of 2910 Third Avenue in Corona del Mar, expressed his concerns with the parking and traffic congestion in the area. He also stated that the fumes created from the dry cleaning operation would be detrimental to the residential area. He urged that Commission to impose strict conditions on the dry cleaning operation to monitor these affects. Commissioner Allen stated that the 'dry cleaning operation would be .required to be installed and operated in conformance with the requirements of the .South Coast .Air Quality Management District, which would monitor the operation very closely. She also suggested that sound muffling equipment be installed on the roof fans, which would further reduce the noise impact to the surrounding residential area. Commissioner Kurlander asked staff to explain the status of the alley abandonment. Mr. Don .Webb explained that the process involved for an alley abandonment takes approximately 45 days. He stated that a water line in this area would also have to be abandoned. He stated that the alley must be abandoned before the building is actually constructed because without the alley abandonment, the building would not have the proper setbacks. In addition, two of the parking spaces for the building will be located in the abandoned alley. He stated that the utility companies are in agreement that the alley is not needed. -32- \AMISSIONERS MINUTES March 18, 1982 X m � m m m w. > City of Newport Beach 'ALL CALL 1 1 1 1 1 1 1 1 1 INDEX In response to a question posed by Commissioner King, Mr. Webb stated that if the City Council does not approve the abandonment of the alley, there would be no project. Motion X Motion was made for approval of Use Permit No. 2068, All Ayes X X X X X y X subject to. the following findings and -conditions, including an additional condition for the 18 inch narrower parking space; that the roof top fans be muffled with the sound attenuation equipment; that the hours of operation be clarified to state that the business activity shall not commence prior to 7:00 a.m.; and, that the. proposed .chain with removable posts, adjacent to the rear alley as shown on the submitted plans, shall be deleted as suggested by staff, which MOTION CARRIED: FINDINGS: • ( I I I I ( I I 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 comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed 'project is located, except those items requested in conjunction with the proposed modifications. 3. The project lot size conforms to the Zoning Code area requirements. 4. That the establishment, maintenance of operation of the use of the property or building will. not, under the circumstances of the 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 neighborhood or.the general welfare of the City, and further that the proposed modification for the tandem parking space and the minor encroachment of one parking space into the required 10 foot rear setback adjacent to an alley, is consistent with the legislative intent • of Title 20 of the Municipal Code. -33- U r � r ° dc m Of Q m x m �a mm > > m' s w March 18, 1982 of Newport Beach 5. That the subject property is irregular in shape and that the proposed encroachment into the required 10 foot rear yard setback is minor in nature and that the proposed .development plan represents the most reasonable use of the subject property. 6. The approval of Use Permit No, 2068 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to..property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. The development shall be in substantial conformance with the approved floor plan, except as noted below. 2. That all conditions of approval of Resubdivision No. 721 shall be fulfilled. 3. That boilers shall be isolated in accordance with the requirements of the Uniform Building Code. .4. That the use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. 5. That a 6 foot high masonry wall shall . be constructed along the rear property line abutting the R -2 District to the northeast. Said wall shall be in accordance with the requirements of Section 20.30.045 of the Newport Beach Municipal Code. 6. That the submitted plot plan shall be 'revised :so as to be in substantial conformance with the attached alternate parking design as prepared by staff. 7. Approval of Use Permit No. 2068 shall : be contingent upon the abandonment of the unimproved alley as shown on the submitted plot plan. -34- MINUTES INDEX MINUTES March 18, 1982 3 � m � m m x w City of Newport Beach INDEX S. That the proposed building shall be redesigned so as not to exceed 1,750 sq. ft. of gross floor area as defined in Section 20.87.182 of the Municipal Code. 9. That one parking space for each 250 sq. ft. of gross floor area of building area..shall be provided on -site. 10. There shall be no outside storage of materials, supplies or other paraphernalia likely to be objectionable to the adjacent property owners or residents. 1.1. That any roof top or. other mechanical equipment shall be screened from view and shall be sound attenuated to be no greater than 55- dba at the property lines. Furthermore, the roof top fans shall be muffled with sound attenuation equipment. . '12. That prior to the occupancy of the building, a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact of the project does not exceed 55 dba'at the property lines. 13. That any outdoor trash containers, if proposed, shall be screened from East Coast Highway or adjoining properties. 14. That the proposed dry cleaning operation shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. 15. That parking spaces No. 5 and 7 shall be reserved for employees. 16. That parking space No. 4 shown on the alternate parking plan shall be 18 inches narrower, or 7.5 feet in width. 17. That the proposed operation shall be limited to the hours of 7:00 a.m. to 7 :00 p.m. daily and that no business activity shall commence prior to 7:00 • a.m. -35- COMMISSIONERS MINUTES March 18, 1982 � m c s n X m m D of Newport Beach M IW)Ll CALL 1 1 I 1 I I I I I INDEX Motion A11 Ayes r1 LJ • ® 0 XIX 18. That the proposed chain with removal posts, adjacent to the rear alley as shown on the submitted plans, shall. be deleted. If the applicant desires to secure the on -site parking area, any such enclosure shall. conform to the required 10 foot rear setback adjacent to the alley except that such enclosure.may project into said setback only to the extent that parking space' No. 4 (alternate parking design) encroaches. Motion was made, for approval of Resubdivision No. 721, subject to the following findings and conditions, which MOTION CARRIED:. FINDINGS: 1.. That the maps meet 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. CONDITIONS: - - 1. That a parcel map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department, -36- m : W = • n March 16, 1982 of Newport Beach 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 the on -site parking circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That the existing drive apron along the East Coast Highway frontage be reduced in size to fit the proposed site development, and that work be completed under an encroachment permit issued by the California Department of Transportation. 6. That the alley northeasterly of Iris Avenue and East Coast Highway be vacated prior to issuance of any building permits and that the developer abandon the existing water main lying within the alley to the satisfaction of the Utilities Department.. 7. That the existing alley intersection at Iris Avenue be removed and replaced with curb, gutter and sidewalk. 8. That a drainage easement be conveyed to the City in order to drain the existing alley. W x x -37- MINUTES INDEX rX March 18, 1982 MINUTES W x w City of Newport Beach INDEX Request to permit the establishment of a take -out (Item #14 restaurant facility in the C -1 District, and to waive a portion of the required off - street parking. LOCATION: Lot 21, Block 23, Newport Beach Tract, located at 2307 West Balboa Boulevard on the southwesterly side of West Balboa USE PERMIT Boulevard, between 23rd Street and 24th N0. 2070 Street, in the McFadden Square Area. ZONE: C -1 APPLICANT: Shahram and Tamara Nadjafinia, Orange environmental impact. 0 11111111 -38- OWNER: Roy Kouchi, Huntington Beach The public hearing opened in connection with this item and Mrs. Tamara Nadjafinia, the applicant, appeared before the Commission and requested approval of this application. • Commissioner Allen asked Mrs. Nadjafinia if they would be agreeable to an additional condition which would prohibit electronic games on the premises. Mrs. Nadjafinia stated that this would be an acceptable condition. Motion X Motion was made for approval of Use Permit No. 2070, Ayes X x X x x X subject to the following findings and conditions, Noes x including an additional condition that electronic games shall be prohibited on the premises, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 0 11111111 -38- • • COMMISSIONERS MINUTES March 18, 1982 x ice° - m � po m m City, of Newport Beach LL CALL INDEX 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, utilities, and a portion of the 'required parking spaces, will not be detrimental to adjoining properties. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No..2070 will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working.in the neighborhood or be detrimental.or injurious to property or improvements in the.. neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot: plan and floor plan. 2.. That all mechanical equipment and trash areas shall be screened from adjoining properties, and from West Balboa Boulevard. 3. That all signs and new exterior lighting shall conform to the provisions of Chapters 20.06 and 20.72 of the Municipal Code. 4. That the ,development standards pertaining to circulation, walls, landscaping, utilities, and a portion of the parking spaces be waived. 5. That one parking spaces shall be maintained on -site for the owners /employee. 6. That the two parking spaces on the site shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 7. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Santa Ana Air - Quality Management District. - -39- V %I V uJ. 1I 1 .uw March 18, 1982 x w. City of Newport Beach 8. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 10. That the service of any on -sale alcoholic beverages is prohibited without first obtaining an amendment to this use permit. 11. That the restaurant facility shall be limited to • the hours of 10:00 a.m. to 10:00 p.m. daily. 12. That trash receptacles shall be provided in convenient locations inside the building. 13. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 14. That electronic games shall be prohibited on the premises. Commissioner Beek stated that he had voted No on the motion because of the litter and trash problems which are created by take -out restaurants. He also stated that additional inside seating should be provided by such restaurants in order to control the litter problems. MINUTES INDEX COMMISSIONERS MINUTES March 18, 1982 X r c m x w City of Newport Beach LL CALL INDEX Request to permit the establishment of a take -out Item #15 restaurant facility in the C -1 District, and to waive a portion of the required off - street parking. LOCATION: Lots 9 through 15, Block 22, Newport Beach Tract, located at 116 23rd Street, on the easterly side of 23rd Street between west Balboa Boulevard and West USE PERMIT Ocean Front, in the McFadden Square NO. 2071 Area. ZONE: C -1 APPLICANT: Don Ristich, Tustin - -- OWNER: Francis A. Ursini, Newport Beach The public hearing opened in connection with this item and Mr. Don Ristich, the applicant, appeared before the . Commission and requested approval of this application. Commissioner Allen asked Mr. Ristich if he would be agreeable to an additional condition. which would prohibit electronic games on the premises. Mr. Ristich stated that this would be an acceptable condition. Commissioner Beek expressed his concern with the litter and trash problems which are created by take -out restaurants. He also stated that additional inside seating should be provided by such restaurants in order to control the litter problem. Mr. Ken Scott, appearing with the applicant, stated that the restaurant use will be providing a counter where the people can eat their food. Motion X Motion was made for, approval of use Permit No. 2071, Ayes X X X X X X subject to the following findings and conditions, Noes X including an additional condition that electronic games shall be prohibited on the .premises, which MOTION CARRIED, as follows: •-41- APPROVED CONDI- TIONALLY March 18, 1982 a m m w >I City of Newport Beach FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, utilities, and a portion of the required parking spaces, will not be detrimental to adjoining properties. 4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 2071 will not under the circumstances of the case be detrimental to • the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: - 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties, and from 23rd Street. 3. That all signs and new exterior lighting shall conform to the provisions of Chapters 20.06 and 20.72 of the Municipal Code. 4. That the development standards pertaining to circulation, walls, landscaping, utilities, and a portion of the parking spaces be waived. • 11111111 -42 MINUTES INDEX � r c 3 c m m > I= > 6] R w � March 18, 1982 of Newport Beach MINUTES 'WLL CALL I I I I I I I I I INDEX 5. That two parking spaces shall be provided on -site for the owners of the take -out restaurant facility. 6. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the South Coast Air Quality Management District. 7. That a washout area for the restaurant trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay-or the storm drains.. 8. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. • I I I 119. That . the service of any on -sale alcoholic beverages is.prohibited without first obtaining an amendment to this use permit. 10. That the restaurant facility shall be limited to the hours of 10:00 a.m, to 9:00 p.m. daily. 11. That trash receptacles shall be provided in convenient locations inside and outside of the building. 12. That . this approval shall he for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 13. That electronic games shall be prohibited on the premises. • IIIIIIII -43- COMMISSIONERS MINUTES March. l8, 1982 3 � � r c m � m m x. City of Newport Beach II CALL INDEX Proposed amendments to the Planning Commission Rules of Procedure as they pertain to late submittals of Item #16 material by applicants and the establishment of firm time limits for applicants' presentations. INITIATED BY: City of Newport Beach Motion X Motion was made by Commissioner Beek to add paragraph G to Section IX, Conduct of Meetings, as follows: If an applicant submits additional written or printed material for the Planning Commission's consideration less than seven (7) working days prior to the date of the hearing on the matter, the Planning Commission may continue the matter and the applicant shall be deemed to have consented to such a continuance. A11 Ayes IXIXIJ� TITI Motion by Commissioner Beek as stated above for an I II amendment to the Rules of Procedure was now voted on, which MOTION CARRIED. • I I I I I I I I Housing Element Implementation - Density Increases Iltem #17 Request to set for public hearing on April 22, 1982, a planning study to determine appropriate sites for density increases, as described in the Housing Element. Set for Motion X Stud All Ayes X y X X X X X Motion was made to set this item on the Planning Session Commission Study Session Agenda on April 22, 1982, on April which MOTION CARRIED. - 22, 1982 Motion All Ayes t X 1+1Motion was made for an excused absence for Commissioner Winburn for the April 8, 1982, Planning Commission Meeting, which MOTION CARRIED. * x There being no further business, the Planning Commission adjourned at 11:45 p.m. Joan Winburn, Secretary Planning Commission City of Newport Beach -44-