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HomeMy WebLinkAbout03/19/1987COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers At� TIME: 7:30 p.m. _ �G a DATE: March 19, 1987 CITY OF NEWPORT BEACH 9Z F,9 ROLL CALL INDEX Present x 34. y 21 21 N X. All Commissioners were present. * * * EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney * * * William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Don Webb, City Engineer Dee Edwards, Secretary Minutes of March 5, 1987: Minutes of 3 -5 -87 Motion x Motion was made to approve the March 5, 1987, Planning Ayes x 2 2 Commission Minutes with minor revisions to the wording Abstain on page 48 as suggested by Commissioner Winburn. Motion voted on, MOTION CARRIED. Public Comments: Public Comments No persons came forth to speak on non - agenda items. * * * Report from the Planning Director Confirming the Posting Posting of the Agenda: of Agenda Planning Director James Hewicker stated that the Planning Commission Agenda was posted on Friday, March 13, 1987, in front of City Hall. * * * COMMISSIONERS MINUTES A 10 March 19; 1987 A A fy�yS CITY OF NEWPORT BEACH ROLL CALL INDEX Exception Permit No. 26 (Discussion) Item No.l Request to permit the installation of an additional EP No.26 wall sign and the approval of an existing wall sign (for a total of five wall signs) on an existing office Approved building located in the Unclassified District where the Sign Code permits only three wall signs per building. LOCATION: Parcel No. 2 of Parcel Map 152 -17, (Resubdivision No. 616), located at 1100 Newport Center Drive, on the south- westerly corner of Granville Drive and Newport Center Drive, in Newport Center. ZONE: Unclassified APPLICANT: Carver Development, Newport Beach OWNER: Same as applicant • Mr. Bill Goring, 1100 Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. Mr. Goring stated that the applicant concurs with the findings and conditions as set forth in Exhibit "A ". Motion 3 Motion was made to approve Exception Permit No. 26, subject to the findings and conditions in Exhibit "A ". All Ayes Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any significant environmental impact. 3. The proposed signage and graphics are consistent with the character and design of Newport Center. 4. That the total square footage of signs is well below the maximum permitted. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially • detrimental to the health, safety, comfort or general welfare of persons residing in the -2- COMMISSIONERS MINUTES fc o o F F March 19, 1987 y ��GOOC, mG ��, 99�C o s CITY OF NEWPORT BEACH ROLL CALL INDEX neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and elevations. 2. That the applicant shall obtain a building permit for the proposed sign prior to its installation. ,e Site Plan Review No. 42 (Public Hearing) Item No.2 SPR No.42 Request to permit the construction of a one story commercial building on property located in the C -1 • District. The proposal also includes a modification to the Zoning Code so as to allow the following encroach- Approved ments into the 10 foot rear yard setback adjacent to an alley: construction of a trash enclosure and landscap- ing and the retention of an existing block wall all of which encroach 10 feet into the required 10 foot rear yard setback and the construction of required off - street parking spaces which encroach 9 feet into said rear yard area. The proposal also includes the accept- ance of an environmental document. LOCATION: Parcel No. 1 of Parcel Map 52 -40 (Resubdivision No. 387), located at 3636 East Coast Highway, on the northwesterly corner of East Coast Highway and Poinsettia Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Pulaski and Arita Architects, Newport Beach OWNER: Dillon R. Cox, El Cajon Chairman Person referred to the typographical error in Condition No. 17, Site Plan Review No. 41, and • requested that the error be amended. -3- COMMISSIONERS MINUTES y110\ March 19, 1987 ° °"' CITY OF NEWPORT BEACH 9 y t^,c ROLL CALL INDEX The public hearing was opened in connection with this item, and Ms. Susan Mutter appeared before the Planning Commission on behalf of the applicants. Ms. Mutter stated that the applicants concur with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Site Plan Review No. 42 and All Ayes, related environmental document, subject to the findings and conditions in Exhibit "A ", including amended Condition No. 17. Motion voted on, MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: 1. That an Initial Study and Negative Declara- tion have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and • Council Policy K -3. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That the project will not have any signifi- cant environmental impact. B. SITE PLAN REVIEW NO. 42: 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. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. The proposed development is a high - quality pro- posal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 4. The proposed development does not adversely affect • the public benefits derived from the expenditures -4- COMMISSIONERS MINUTES March 19, 1987 A CITY OF NEWPORT BEACH ROLL CALL INDEX of public funds for improvement and beautification of street and public facilities within the area. 5. The proposed development will not preclude the attainment of the Specific Area Plan objectives stated in the Land Use Element of the General Plan. 6. The proposed development promotes the maintenance of superior site location characteristics ad- joining major thoroughfares of City -wide impor- tance. 7. That the design of 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 development. S. That the establishment, maintenance of operation, or 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 improve- ments in the neighborhood or the general welfare of the City, and further that the proposed modi- fication to allow the encroachment of a wall, landscaping, a trash enclosure, and parking into the required rear yard setback is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That the block wall at the rear property line shall not exceed three feet in height within 10 feet of the sidewalk adjacent to Poinsettia Avenue. 3. That all improvements be constructed as required by Ordinance and the Public works Department. • 4. That a Standard Agreement and accompanying Surety be provided in order to guarantee satisfactory -5- COMMISSIONERS MINUTES 4° t' March 19, 1987 A cs`�ys °� � CITY OF NEWPORT BEACH ROLL CALL INDEX completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach. 7. That landscape plans shall be subject to review and approval of the Planning, Parks, Beaches and Recreation and Public Works Departments. Said landscape plan shall include landscape planters or pots in front of the proposed building adjacent to East Coast Highway. 8. The landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 9. That the tree damaged sidewalk be reconstructed along the East Coast Highway and Poinsettia Avenue frontages; that the unused drive aprons on East Coast Highway be removed and replaced with curb, gutter, and sidewalk and that an access ramp be constructed per City Standard 181 -L at the corner of Poinsettia Avenue and East Coast Highway. All work on the East Coast Highway frontage shall be completed under an encroachment permit issued by the Public Works Department and California Depart- ment of Transportation. 10. That applicable County Sanitation District fees be paid prior to issuance of any building permits. 11. That the proposed trash enclosure be redesigned so that the access gates do not open out onto the alley. The design shall be approved by the Public Works Department. 12. That the light system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a Licensed Elec- trical Engineer; with a letter from the Engineer -6- COMMISSIONERS MINUTES March 19, 1987 Py9 �y f��y� 9yso� y �9 CITY OF NEWPORT BEACH ROLL CALL INDEX stating that, in his opinion, this requirement has been met. 13. That the applicant shall comply with all County of Orange Health Department and City of Newport Beach Fire Department standards and regulations regard- ing the removal and disposal of the existing automobile service station's storage tanks for petroleum products, by- products, or residues. 14. That one parking space per 250 sq.ft. of floor area shall be provided on -site, including two handicapped parking spaces. 15. That all employees shall park their vehicles on -site. 16. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. • 17. That the Planning Commission may add to or modify conditions of approval to this Site Plan Review or recommend to the City Council the revocation, of this Site Plan Review, upon the determination that the operation which is the subject of this Site Plan Review causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. This Site Plan Review shall expire unless exer- cised within 24 months from the date of approval as.specified in Section 20.01.070 J of the Newport Beach Municipal Code. Use Permit No. 3258 (Public Hearing) Item No.3 UP3258 Request to permit the establishment of a restau- rant /outdoor restaurant facility with on -sale beer and wine, on property located in Office Site "B" of the Approved Koll Center Newport Planned Community. LOCATION: Parcel No. 5 of Parcel Map 181 -13 (Resubdivision No. 731), located at 5000 Birch Street, on the southwesterly side of Birch Street, between Von Karman Avenue and Jamboree Road, in the Koll Center Newport Planned Community. -7- COMMISSIONERS ROLL CALL Motion All Ayes • 0 MINUTES March 19, 1987 CITY OF NEWPORT BEACH ZONE: P -C APPLICANT: Gensler and Associates, Irvine OWNER: The Roll Company, Newport Beach The public hearing was opened in connection with this item, and Ms. Gerry Tracy representing the applicant, appeared before the Planning Commission. Ms. Tracy stated that the applicant concurs with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Use Permit No. 3258, subject to the findings and conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the proposed development 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 environ- mental impact. 3. That adequate parking exists to serve the project. 4. That the waiver of the development standards as they pertain to walls, landscaping, and parking lot illumination will not be detrimental to adjoining properties. 5. The approval of Use Permit No. 3258, under the circumstances of this case, will not be detri- mental 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 confor- mance with the approved plot plans and floor plan. INDEX COMMISSIONERS MINUTES yo Ac^�t^�G�pp n March 19, 1987 A 9 i1 9 A y CITY OF NEWPORT BEACH A ROLL CALL INDEX 2. That 44 parking spaces shall be provided for the proposed restaurant facility. 3. That all signs shall conform to the provisions of the Koll Center Newport Planned Community Develop- ment Standards. 4. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 5. That all trash areas and mechanical equipment shall be screened from view. 6. That a trash compactor shall be installed in the restaurant facility. 7. 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, unless otherwise approved by the Building Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That no off -sale alcoholic beverages shall be permitted in conjunction with the subject restau- rant. 10. That the on -sale service of alcoholic beverages shall be incidental to the primary food service operation of the restaurant. 11. That no live entertainment or dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 12. That the development standards pertaining to walls, landscaping, and parking lot illumination shall be waived. 13. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of -9- COMMISSIONERS MINUTES c March 19, 1987 ss °yc�ycys CITY OF NEWPORT BEACH ROLL CALL INDEX this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 14. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. x A. Use Permit No. 3259 (Public Hearing) Item No.4 Request to permit the construction of a two unit residential condominium development with related UP3259 garages and carports on property located in the R -3 District. The proposal also includes a modification to R844 the Zoning Code so as to permit two single car garages with inside clear widths of 9 feet 2 inches where the Zoning Code requires a minimum width of 9 feet 4 Approved inches. AND B. Resubdivision No. 844 (Public Hearing) Request to resubdivide an existing lot into a single parcel of land for residential condominium purposes. LOCATION: Lot 23, Block 17, Section B, Newport Beach, located at 1713 West Balboa Boulevard, on the southerly side of West Balboa Boulevard, between 17th Street and 18th Street, on the Balboa Peninsula. ZONE: R -3 APPLICANTS: Stephen McCluer and Todd Schooler, Newport Beach OWNERS: Sidney E. and Stephanie A. Tessler, Los Angeles • ENGINEER: Alpine Consultants, Inc., Costa Mesa -10- COMMISSIONERS MINUTES March 19, 1987 �y� .�G ff O fiyy CITY OF NEWPORT BEACH ROLL CALL INDEX Chairman Person stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. Todd Schooler, applicant, appeared before the Planning Commission. Mr. Schooler stated that he concurs with the findings and conditions in Exhibit nAn There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion 2 Motion was made to approve Use Permit No. 3259 and Ayes Resubdivision No. 844, subject to the findings and Absent x > 31 N N x conditions in Exhibit "A ". Motion voted on, MOTION CARRIED. USE PERMIT NO. 3259 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 stan- dards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval, except for the size of the required parking spaces. 3. That the project is consistent with the adopted goals and policies of the General Plan. 4. That four parking spaces are available for the proposed residential condominium development. 5. That it would not be possible to provide two 9 foot 4 inch parking spaces, exterior garage walls, and an interior dividing wall without encroaching into the required side yard setbacks on the narrow; 25 foot wide lot. 6. The approval of the proposed modification to permit two 9 foot 2 inch wide parking spaces in • individual garages will not, under the circum- stances of this particular case, be detrimental to the health, safety, peace, comfort, and general -ll- COMMISSIONERS MINUTES o FG FO F M March 19, 1987 y�G t99�f ° C 9oyC�L�yy a , CITY OF NEWPORT BEACH ROLL CALL INDEX welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood 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. 7. That the approval of Use Permit No. 3259 will not, under the circumstances of this case, be detri- mental 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 confor- mance with the approved plot plan, floor plans and elevations, except as noted below. 2. That one tandem garage space maintaining a clear width of 9 feet 2 inches and one carport space shall be provided for each dwelling unit. 3. That the pot shelves encroaching into the 5 foot front yard setback shall be removed unless a modification to the Zoning Code is approved. 4. That all Conditions of Resubdivision No. 844 shall he fulfilled. 5. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. RESUBDIVISION NO. 844 FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. -12- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES March 19, 1987 M ROLL CALL 1 1 1 J i l l I I INDEX • • That the proposed resubdivision presents no problems from a planning standpoint. 3. That the design of the subdivision 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 recorded. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. 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. 4. That the finished floor elevation of the garage be high enough to drain into the adjacent alley unless otherwise approved by the Public Works Department. 5. That all vehicular access to the property be from the adjacent alley. 6. That County Sanitation District fees be paid prior to issuance of any Building Permits. 7. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • * x Use Permit No. 1421 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion of the existing Hoag Memorial Hospital in the A -P -H District. The proposed amendment includes a request to permit the construction of a new hospital entry area including new administrative offices, conference room, chapel, lobby and waiting area, and an out - patient registration area; and the -13- Item No.5 COMMISSIONERS MINUTES �ypAF`.Gy March 19, 1987 A CITY OF NEWPORT BEACH ROLL CALL INDEX construction of a new storage room for the cardiac UP1421A surgical unit. Approved LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H APPLICANT: Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant Commissioner Kurlander stepped down from the dais because of a possible conflict of interest. The public hearing was opened in connection with this item, and Mr. F. W. Evins, appeared before the Planning • Commission on behalf of the applicant. Mr. Evins stated that the applicant concurs with the findings and conditions in Exhibit "A ". Commissioner Koppelman referred to the letter addressed to the Planning Department from Taylor & Associates dated February 20, 1987, wherein the letter states that no additional parking is required for the expansion of the existing Hoag Memorial Hospital. Commissioner Koppelman and Mr. Evins discussed the utilization of the expansion area and the existing space within the hospital, and the proposed convenient accessibility of the services as compared to the services as they presently exist. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 1421 Ayes x (Amended) subject to the findings and conditions in Absent x x X x x Exhibit "A ". Motion voted on, 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. That adequate off - street parking has been demonstrated to exist on the site. -14- COMMISSIONERS ROLL CALL • CITY OF NEWPORT BEACH 3. That the project wi environmental impact. 4. That approval of this 1421 will not, under case, be detrimental t morals, comfort and residing and working detrimental or in- improvements in the r welfare of the City. CONDITIONS: MINUTES March 19, 1987 not have any significant amendment to Use Permit No. the circumstances of this P the health, safety, peace, reneral welfare of persons in the neighborhood or be .irious to property or eighborhood or the general 1. That development shall be in substantial conformance with the approved plot plan, floor plans and renderings. 2. That all previous applicable conditions of approval of Use Permit No. 1421 (Amended) shall remain in effect. 3. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. That this amendment to Use Permit No. 1421 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. • x -15- INDEX COMMISSIONERS MINUTES AF��yGy0A March 19, 1987 �� CITY OF NEWPORT BEACH ROLL CALL INDEX A. Residential Density Bonus (Public Hearing) Item No.6 Request to permit the construction of a 15 unit low Residential income apartment development which includes a 50 'Density percent density bonus in accordance with Section 65915 Bonus of the California Government Code and the acceptance of an environmental document. Modifications to the Zoning Traffic Code are also requested so as to allow covered parking Study spaces within the front one -half of the lot which are not fully enclosed with side walls and garage doors, Approved and to permit a required open parking space to be located in the required 20 foot front yard setback. AND B. Traffic Study (Public Hearing) Request to approve a traffic study so as to permit the construction of a 15 unit apartment complex. • LOCATION: A portion of Lot 917, First Addition to the Newport Mesa Tract, located at 849 15th Street, on the southerly side of 15th Street, between Placentia Avenue and Monrovia Avenue, in the West Newport Triangle area. ZONE: R -3 (2178) APPLICANT: Mesa Development Co., Inc., Costa Mesa OWNERS: Joseph Irani and Ilse Sultanian, Newport Beach James Hewicker, Planning Director, referred to page 5 of the staff report, "Request to Waive Park Dedication and Fair Share Fees ", and stated that because there is no subdivision or parcel map associated with the subject project there would be no park dedication fee required and, therefore, no need to waive the fee. In reference to Condition No. 2, Mr. Hewicker amended the condition to state .......All of the 15 units shall be offered on a preferential basis..... ". The public hearing was opened in connection with this item, and Mr. Jim White, applicant, appeared before the • Planning Commission. -16- COMMISSIONERS MINUTES March 19, 1987 o 110 L\0�A�Vi C ITY OF NEWPORT BEACH ROLL CALL INDEX In response to questions posed by Commissioner Merrill regarding walls proposed to separate the industrial site from the subject development, Mr. White replied that a retaining wall is proposed for the south side of the development and a six foot block wall is proposed for the west side of the development. Robert Lenard, Advance Planning Administrator, addressed questions posed by Commissioner Pomeroy regarding the Section 8 Fair Market Rent. Mr. Lenard explained the qualifications an applicant must meet to .apply for an apartment. Mr. White, Commissioner Pomeroy, and Mr. Lenard compared the subject development's proposed Fair Market Rent to the rent standards of Mesa Development, a low income apartment project that was constructed by the applicant and is adjacent to the subject property. In conclusion, Mr. Lenard stated that the Mesa Development rental agreement is different than the agreement for the subject project which specifies that all of the units • are subject to Section 8 Fair Market Rent and is a more stringent standard than the Mesa Development project. Mr. White stated that he concurs with the findings and conditions in Exhibit "A ", and that the applicant will relocate the one parking space from the front yard setback as requested. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Residential Density Bonus, Traffic Study and Environmental Document subject to the findings and conditions in Exhibit "A ", including amended Condition No. 2 as previously stated. Amendment The maker of the motion accepted Commissioner Merrill's recommendation that a condition be added that would to Motion require a six foot high masonry wall along the interior property lines. Staff recommended that said Condition No. 12 state "that a masonry block wall shall be constructed along the east, west, and south property lines. Said wall shall be six feet in height except for that portion within the required 20 foot front yard setback along 15th Street where said wall shall be reduced to three feet in height." Ayes Motion voted on to approve Residential Density Bonus, Traffic Study, and Environmental Document, including amended Condition No. 2 and added Condition No. 12 as previously stated. MOTION CARRIED. -17- COMMISSIONERS MINUTES yFo� March 19, 1987 6 Cy�yy y"�, CITY OF NEWPORT BEACH ROLL CALL INDEX A. ENVIRONMENTAL Document: Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project; 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions • of Approval; 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. B. RESIDENTIAL DENSITY BONUS: Findings: 1. That this project provides affordable units in accordance with Section 65915 of the Government Code and Objective No. 7 of the City's Housing Element. 2. That because of the number of units and 30 year term of affordability, this request for a density bonus is reasonable and justified. 3. That the proposed parking space encroachment into the required front yard setback will 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 -18- COMMISSIONERS MINUTES 061' p March 19, 1987 �� �� CITY OF NEWPORT BEACH ROLL CALL INDEX improvements in the neighborhood 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. 4. That the approval covered parking spaces on the front one -half of the lot which do not have garage doors and side walls in every case 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 neighborhood 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. Conditions: • 1. That the development shall be in substantial conformance with the approved site plan, floor plan, and elevations. 2. That the applicant shall enter into an Affordable Housing Agreement, approved as to form and content by the City Attorney and the Planning Director, guaranteeing that a maximum of 15 units of rental housing shall be constructed on the subject property. All 15 units shall be rented at no more than the HUD Section 8 Fair Market Rent to persons and families earning 808 or less of the Orange County annualized median family income as periodically published by Orange County regardless of family size. All of the 15 units shall be offered on a preferential basis to tenants possessing an "active" Section 8 Existing Rental Assistance Certificate or Voucher and currently receive rental assistance from the Section 8 Existing Rental Assistance Certificate or Voucher Program. Said Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to the issuance of building permits. The term of this agreement shall be for no less than thirty (30) years. • 3. That the open parking space within the front yard setback area shall be relocated to another portion of the site. Said new location shall be subject -19- COMMISSIONERS MINUTES yo c��t^�G�pp n March 19, 1987 9P � - �y o�z `164) vNy CITY OF NEWPORT BEACH y �9 ROLL CALL INDEX to the approval of the City Traffic Engineer and the Planning Department. 4. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation 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). 5. That landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 6. That the light system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent 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. 7. That the number of parking spaces required by the off - street parking requirements of the City of Newport Beach (as provided by the Municipal Code, Title 20, Chapter 20.30) be provided on -site. 8. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 9. The Fire Department access shall be approved by the Fire Department. 10. That all access to the buildings be approved by the Fire Department. 11. That all trash enclosures shall be screened from adjacent properties. • 12. That a masonry block wall shall be constructed along the east, west, and south property lines. Said wall shall be six feet in height except for that portion within the required 20 foot front yard setback along 15th Street where said wall shall be reduced to three feet in height. -20- COMMISSIONERS MINUTES Nx\� BcMarc h 19, 1987 A CITY OF NEWPORT BEACH ROLL CALL INDEX C. TRAFFIC STUDY:. 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 proj- ect- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. 3. That the Traffic Study indicates that the proj- ect- generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on any leg of one critical intersection, but will not add to an unsatisfac- tory level of traffic service at the critical intersection which will have an Intersection Capacity Utilization of .90 or less. x D I S C U S S I O N I T E M_ Discussion Item Proposed agenda items to be discussed at the Joint City Council - Planning Commission meeting on March 23, 1987 INITIATED BY: The City of Newport Beach Chairman Person reviewed the suggested agenda items Joint CC- that the Planning Commission and the City Council could PC Meeting discuss at the joint City Council and Planning _ Commission meeting on March 23, 1987. Commissioner Pomeroy requested that the Planning Commission and City Council consider how the public hearing process could be improved. Discussion followed between the Planning Commissioners regarding citizen involvement in the public hearing process during the recent proposed major developments, i.e. 'Cannery Village/McFadden Square, Newport Center, and Santa Ana Heights, and they discussed the current City Council Ad -Hoc Committee meetings attended by the citizens in the community. � x Motion was made to approve the agenda recommended by A11 Ayes staff. Motion voted on, MOTION CARRIED. -21- COMMISSIONERS MINUTES �q 0 1 March 19, 1987 S� . 9yy� CITY OF NEWPORT BEACH 9 'Z N`,D ROLL CALL INDEX The Planning Commissioners expressed their appreciation Eichenhofer to Commissioner Eichenhofer for her tenure on the Resignation Planning Commission, and they stated their regrets that she had submitted her resignation. x x t A D J O U R N M E N T: 8:20 P.M. Adjournment * * x PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • • _22_