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HomeMy WebLinkAbout04/01/1976COMMISSIONERS • � � A N N ROLL CALL i Present Absent Motion Ayes Abstain AjZs en t 0 Wion ,, s Absent CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers MINUTES. Time: 7:00 P.M. Date: April 1. 1976 ,.,,,e.. X X X X X X X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Environmental Coordinator Fred Talarico, Senior Planner Shirley Harbeck, Secretary X Minutes of the Regular Meeting of March 4, 1976, X X X X X were approved as written. Commissioner Frederickso X abstained as he was not a member of the Commission X at that time. Item #1 Request to establish a restaurant facility with USE on -sale beer and wine in an existing commercial PERMIT building, and the acceptance of an offsite parking 1778 agreement for a portion of the required parking spaces. CONT. TO APR..15 Location: Lots 5 and 6, Block B, Tract No. 470, and a portion of Lot 9, Block 730, Corona del Mar, located at 2441 East Coast Highway, on the westerly corner of East Coast Highway and Carnation Avenue in Corona del Mar. Zone: C -1 Applicant: Randall H. Johnson, Balboa Island Owner: Jim Wood, Corona del Mar X Planning Commission continued this matter to the X X X X X X meeting of April 15, 1976. X Page 1. COMMISSIONERS vo m A m v m� DI m r t, < Y N ROLL CALL 2 0 0 CITY OF NEWPORT BEACH MINUTES April 1, 1976 INflFY Request to establish a yacht club facility in the M -1 District, and the acceptance of an offsite parking agreement for the required parking spaces. Location: Lots 7 and 8 of Block 425 of Lan- casters Addition to Newport Beach, Item #2 USE PERMIT 7 9 PPROVED C I- located at 2814 Lafayette Avenue, TONALLY on the easterly side of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." Zone: M -1 Applicant: Voyagers Yacht Club, Newport Beach Owner: Woodco Investment Co., Long Beach Commissioner Frederickson stepped down from the dais and refrained from deliberation on this matte due to the fact that he is a member of Voyagers Yacht Club. Community Development Director Hogan reviewed the parking and advised that the applicant'had obtained a formal agreement for only 6 parking spaces; how- ever, they had verbal agreements for an additional 20 spaces from Bank of Newport and 6 spaces from Delano's Fish Market. He also advised of available parking in the City Hall lot on the weekends at the usual fee of $150.00 per space annually. Public hearing was opened in connection with this matter. Scott Turpin appeared before the Commission on behalf of Voyagers Yacht Club and reviewed the operation of the club. He pointed out that the by -laws limited their membership to 150 persons of which there were currently 115 members. He reviewed their yearly schedule of events which. consisted of 6 Friday night functions, 12.Saturday evening functions, 2 Saturday daytime.functions, and 1 Sunday open house after a two -day series of races. The hours the club will be open for the above functions are 5:00 PM to 11:00 PM for Saturday evenings, 8:00 AM to 1:00 PM for Saturday days, 7:30 PM to 10:00 PM for Friday evenings, and 6:00 PM to 8:00 PM Sunday evening following the race. He commented on the available parking in the area which included 6 spaces by formal agreement with Page 2. COMMISSIONERS CITY OF NEWPORT BEACH • { y z MINUTES onm rAll �- Anril I- 197A ,uncx Bank of Newport, an additional 23 spaces by verbal agreement with the Bank of Newport, 60 public parking spaces, 24 on- street spaces on Lafayette, and 6 spaces by verbal agreement with Delano's Fish Market. In addition to the above, Mr. Turpin advised that the Board of Directors, consisting of 13 people, meet on Thursday evenings from 7:00 PM to 10:00 PM. Commissioner Seely questioned the possibility of increasing the club functions and Mr. Turpin felt this was very.doubtful because the club was operate on a non - profit, volunteer basis, and there were no provisions for any full time staff which would be needed should an increase occur. Mr. Turpin agreed to an after 5:00 PM limitation for the beginning of activities with the exception of the 2 Saturday breakfast functions. Commissioner Seely was sympathetic with the purpose of the club, however, he voiced concern with the lack of parking and the precedent which may be • set for other commercial establishments. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that the Planning Commission make the following findings: 1. The proposed development is consistent with the General Plan, and is compatible with the surrounding land uses in "Cannery Village." 2. Adequate parking spaces either on street or off street can be provided for the proposed development. 3. The required off - street parking spaces on a separate lot from the building site are justi- fiable for the following reasons: a. The applicant has a long term (five year) agreement for the use of the off -site parking lot during the evening hours when most of the yacht club activities occur. • b. The subject parking lot is so located as t be useful to the proposed yacht club facilities. Page 3. COMMISSIONERS 'c. m A m ➢ m $ CITY OF NEWPORT BEACH m � � `s m < y N ROLL cau i ADril 1. 1976 MINUTES . iunFY c. Parking on the subject lot will not create undue traffic hazards in the surrounding area. 4. The approval of Use Permit No. 1779 will not under the curcumstances 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. and approve Use Permit No. 1779, subject to the following conditions: 1. That this approval shall extend for a period of time not to exceed five years. Any extensions shall be acted upon by the Modifications Committee. 2. That development shall be in substantial conformance with the approved plot plan and floor plan. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 6 parking spaces will be provided for the members of the Voyager's Yacht Club. 4. That all signs shall.be approved by the Director of Community Development. 5. That trash areas shall be enclosed with walls not less than six feet in height, or all trash areas shall be within the building. 6. That the yacht club facilities shall only be open in the evenings, after 5:00 P.M. NOTE: This condition was revised as noted in Condition No. 11 which was added subsequent to the motion. 7. Should Voyagers Yacht Club desire to provide slip facilities for their members, access to • those slips to be provided from Lot 7 or 8. 8. Any work or construction in the water area (i.e., fencing, railing, etc.) constructed on the bulkhead shall be subject to a Harbor Page 4. COMMISSIONERS CITY OF NEWPORT BEACH m A m T D • t N p m MINUTES onn rsll ° April 1. 1976 ....� Permit issued by the Marine Department. 9. Should any additional slips or floats be constructed, restroom facilities and adequate parking shall be provided in accordance with City Council Harbor Permit Policies. 10. The "future hoist" shown on Lot 7 shall be subject to a permit issued by the Building Division of the Community Development Depart- ment. Commissioner Parker commented on his difficulty to make the findings as stated in Nos. 2 and 4, because of the gross lack of parking in a highly impacted area and although he was sympathetic with the applicant's proposal, felt that 6 spaces was completely inadequate. Commissioner Seely concurred with Commissioner Parker's comments and advised that unless a firm agreement for the required parking, at least after 5:00 P.M., was provided, he could not support the motion. Commissioner Heather also concurred and felt more effort should be made to provide the additional parking especially since rigid standards were not being followed. Commissioner Agee felt that although it would be desirable to have additional parking in the area, parking has not been available in the past and it seems unlikely that it will be available in the near future and unless the City does something to provide parking, the area will remain as is. In support of the request, he felt that the limited number of functions and hours the club would be open was the key to approval. He also commented that in spite of the impacted area and lack of parking, the area continues to function and take care of itself. Planning Commission discussed the distance between the proposed club and the various parking locations available. • Commissioner Williams advised that he could not support the motion as it now stands, however, he could support it if a condition were added relativ to limited usage as proposed by the applicant. Page 5. COMMISSIONERS rm �p yip A { D • i X A ; N N ROLL CALL 2 Amended Motion 0 Ayes Noes Absent 0 CITY OF NEWPORT BEACH MINUTES April 1, 1976 iuncY Commissioner Agee agreed with the suggestion and had no objections to including a condition which would limit the usage as outlined by the applicant, therefore, he amended his motion to add the follow - X ing condition: 11. That the operation of the club shall be limited to the following.yearly schedule as presented to the Planning Commission: NUMBER OF ACTIVITIES DAY OF THE WEEK TIME 6 Friday Night 7:30 PM to 10:00 PM 12 Saturday Night 5:00 PM to 11:_00 PM 2 Saturday Day 8:00 AM to 1 :00'PM 1 Sunday Night 6:00 PM to 8:00 PM Regular Board Thursday Night 7:00 PM to 10:00 PM Meetings Commissioner Parker commented that.denial of the request would discourage further efforts to up- grade the area, however, on the other hand, approval would only further impact the area. Commissioner Seely commented that what works to the.benefit of one applicant, may work to the detriment of.another, and felt there was a need for a specific area plan or a parking district. X X X Following discussion, the motion as amended was_ X X voted on and carried. X X Commissioner Frederickson returned to the dais. Items No. 3 and 4 were heard concurrently because of their relationship, however, separate actions were taken on each item. ' ' * Item #3 Request to permit the construction of a commercial JSE building in the M -1 District that exceeds the basic ERMIT height limit within the 26/35 Foot Height Limita- . 1782 tion District and the acceptance of an environ- mental document. The proposal also includes a PPROVED ONDI- Page 6. I N LLY COMMISSIONERS • x N N ROLL CALL 2 0 CITY OF NEWPORT BEACH MINUTES April 1, 1976 ,uncv modification from the required parking standards in conjunction with the required size of the park- ing spaces and aisle width. Location: Lots 5 and 6, Block 425, Lancaster's Addition to Newport Beach, located at 2808 and 2810 Lafayette Avenue, on the easterly side of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." Zone: M -1 Applicant: Archi - Tekton, Inc. (William C. Clapet), Newport Beach Owner: Ed Ziemer,.Newport Beach Request-to establish one building site and elimi -. nate an interior lot line where two lots now exist kESUB- so as to permit the construction of a commercial building on the property. Location: Lots 5 and 6, Block 425, Lancaster's Addition to Newport Beach, located TTU-N-ATLY at 2808 and 2810 Lafayette Avenue, on the easterly side of Lafayette Avenue between 29th Street and Villa Way in "Cannery Village." Zone: M -1 Applicant: Archi- Tekton, Inc. (William C. Clapet), Newport Beach Owner: Ed Ziemer, Newport Beach Engineer: RGB Engineering, Inc., South Laguna Community Development Director Hogan advised of two minor revisions which should be made to the recommended conditions as follows: 1. Add "except as specifically approved by the harbor permit" to Condition No. (e). Page 7. COMMISSIONERS ➢o m a m v m s CITY OF NEWPORT BEACH • i p A a MINUTES x ROLL CALL Z April 1, 1976 INDEX 2. Change "boat dock" to "pier or wharf" in Condition No. (f). Public hearings were opened in connection with these two items. William Clapet, Architect, appeared before the Commission on behalf of the applicant and concurred with the staff report and recommendations in con- nection with Use Permit No. 1782. He commented on the proposed development, presented a scale model for review, and answered questions of the Commis- sion relative to the proposed uses and tenants and signing program. Fleet Joiner appeared before the Commission and further reviewed the scale model in detail, includ- ing use of the decks, pedestrian access, height of the buildings and comparison to other buildings in the area, aesthetics, and parking. Zachary Sham, Architect, 501 31st Street, appeared • before the Commission on behalf of the Cannery. Village Association and advised they were in favor of the proposed project and felt it was a vast improvement over the existing development, had the. character and overall scale of what the Cannery Village would like to work towards, and the addi- tional height has made the project far more interesting than the usual 2- story; flat roof type of structure. J. R. Blakemore appeared before the Commission to suggest that specific limitations be included in the conditions of approval because of the concerns throughout the City with building height. He also commented that the development looked like a fascinating project and a great addition to the area. William Clapet appeared before the Commission on behalf of the applicant and concurred with the staff report and recommendations in connection with Resubdivision No. 513. There being no others desiring to appear and be heard, the public hearings were closed. Motion X Motion was made that Planning Commission certify Ayes X X X X X X the negative declaration; that the following Absent X Page 8. COMMISSIONERS CITY OF NEWPORT BEACH t A p MINUTES N ROLL CALL i A ri 1 1; 1976 INDEX findings be made in connection with Use Permit No. 1782: 1. That the proposed project is consistent with the General Plan and surrounding land uses. 2. That the proposed project conforms to the four criteria for exceeding the basic height limit. 3. That the proposed project conforms to the standards applicable to site plan review. 4. That the proposed parking is adequate and that the requested modification in the design of the parking area is acceptable. 5. The approval of Use Permit No. 1782 will not, under.the circumstances of this case be detri -. mental to the health, safety, peace, 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. and that Use Permit No. 1782 be approved, subject to the following conditions: 1. That the project substantially conform to the plans as submitted. 2. That the uses permitted within the project be limited to: a. Marine- oriented offices such as yacht brokers, marine surveyors, and marine designers. b. Marine - oriented retail uses. c. Professional service offices. 3. That a harbor permit be obtained. 4. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition • and construction. 5. That no portion of the proposed building including overhangs and stairs be constructed bayward of the U. S. Bulkhead Line except as Page 9. COMMISSIONERS a� m a m ➢ i. CITY OF NEWPORT BEACH • { N A N Qou ceu i April 1, 1976 MINUTES uuncv specifically approved by the harbor permit. 6. That the pier or wharf extend across the entire bayside of the property and that the owner grant an easement or enter into an agreement with the City to grant an easement for public access. Said easement or agreement shall only become effective at such time as this property is connected to adjacent property to form a, continuous walkway. 7. All signs shall be reviewed and approved by the Director of Community Development. Motion X Motion was made that Planning Commission make the Ayes X X X X X X following findings in connection with Resubdivision Absent X No. 513: 1. That the proposed map is consistent with applicable general and specific plans. • 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the pro - posed improvements will not cause substantial environmental damamge or substantially and avoidably injure fish or wildlife or their habitat and a Negative Declaration has been prepared and certified. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. 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. 8. That the discharge of waste from the proposed subdivision will not result in or add to any Page 10. COMMISSIONERS CITY OF NEWPORT BEACH m x m ➢-� x � � • m< p p N MINUTES N Qnu rAl l April 1, 1976 violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 513, subject to the following conditions: 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Works Department. 3.. That the water and sewer connections to serve, the new parcel be made in a manner satisfactory to the Public Works Department. 4.. That standard curb and gutter and sidewalk be constructed along Lafayette Avenue. * * * * * * * * Item #5 Request to amend Chapter 20.30 of the Newport AMENDMEN Beach Municipal Code (formerly Chapter 20.38 NO. 463 N.B.M.C.) as it pertains to the parking require- ment for office buildings based on the size of APPROVED the parking pool. Initiated by: The Irvine Company, Newport Beach Public hearing was opened in connection with this matter. Ron Hendrickson with The Irvine Company appeared before the Commission to review the previous discussions on this matter and the basic reason for the request. He concurred with the wording of the proposed amendment as stated in the staff report dated March 26, 1976. Community Development Director Hogan commented that the proposed amendment would allow.an appli- cant to apply for a change in parking standards, through the use permit procedure, where an office development contained over 425,000 sq. ft. and parking was in one central location. There being no others desiring to appear and be heard, the public hearing was closed. Page 11. COMMISSIONERS m • ROLL CALL Motion Ayes Absent 0 n U CITY OF NEWPORT BEACH 7, m Di p7. f r MINUTES w Anril 1. 1976 ,unev X Motion was made that Planning Commission recommend X X X X X X to the City Council that Amendment No. 463 be X adopted and that the pool parking requirements be amended to read as follows: 1120.30.035 (C) PARKING REQUIREMENTS FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section 20.30.035 (B) (2), may be modified in accordance with the following schedule: 1. For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. 2. For the next 300,000 sq. ft., parking shall . be provided at one space per 300 sq. ft. of net floor area. 3. Any additional floor area, parking shall be provided at one space per 350 sq. ft. of not floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula." Item #6 Request to amend the approved off -site parking OFF -SITE agreement in conjunction with the "Old Spaghetti PARKING Factory" Restaurant so as to relocate the subject AGREEMEN' off -site parking spaces. APPROVED Location: Parcel No. 1 of Parcel Map 67 -27 AMENDMEN (Resubdivision No. 446) located at 2110 Newport Boulevard, on the northwesterly corner of Newport Boulevard and 21st Street on the Balboa Peninsula. Zones: C -1, R -2 Applicant: The Old Spaghetti Factory Inter- national, Inc., Portland, Oregon Owner: Same as Applicant Guss Dussin, President of the Old Spaghetti Factor Page 12. COMMISSIONERS International, Portland, Oregon, appeared before < r i m p v 3 < n A N • N the request. He advised that by mutual agreement RALL [ALL 2 CITY OF NEWPORT BEACH April 1. 1976 MINUTES III my International, Portland, Oregon, appeared before the Commission and answered questions relative to the request. He advised that by mutual agreement with William Blurock, they have been using the proposed location for the past year as supplemental parking and since their lease with Roger Bloxham will expire at the end of this year and they do not anticipate a satisfactory renewal, they are requesting that the offsite parking agreement be amended to relocate the required parking to the Blurock property. He also felt there would be no problems obtaining a 5 -year lease at this time rather than the 2 -year lease with options to renew as originally proposed. Paul Hummel, 416 Heliotrope, Corona del Mar, appeared before the Commission to comment on the use of residential property for commercial pur- poses and although he was not familiar with the matter under consideration, requested that the ' Commission continue to consider buffers between residential and commercial uses in order to • preserve residential property. Staff reviewed the zoning of the property in question and advised the Commission that the R -2 portion of the property was purchased by the. applicant for the purpose of providing required* on =site parking and that the only.residential uses remaining in the area were located on the opposite side of 21st Street: Roger Bloxham appeared before the Commission in rebuttal to a letter addressed to the City dated February 25, 1976, received from the applicant. He also advised that Bob Rubien, owner of the Crabcooker, was opposed to the use of the proposed lot because it would create more parking problems for his customers and congestion in The Arcade. William Blurock, 1344 W. Bay, appeared before the Commission and advised that their relationship with the Spaghetti Factory has been quite satisfactory, as has been their reciprocal parking arrangements for day -time use of the restaurant lot when the restaurant is closed. He also concurred with the 5 -year lease agreement. Aon X Following discussion, motion was made that Planning Ayes X X X X X X Commission make the following findings: Absent X 1. The proposed off -site parking lot is compatible Page 13. COMMISSIONERS Do m p m ➢ ? CITY OF NEWPORT BEACH im I m < y • �� -9 a ; MINUTES ' � N ROLL CALL i April 1, 1976 0 INDEX with the surrounding land uses, and will not have any significant environmental impact. 2. The required off - street parking spaces on a separate lot from the building site is justi- fiable for the following reasons: a. The applicant has a 5 -year lease for the use of the off -site parking lot during the evening hours when the restaurant facility is open for business. b. The subject parking lot is so located as to be useful to the restaurant facility. c. Parking on the subject lot will not create undue hazards in the surrounding area. and recommend to the City Council that the Off -Site Parking Agreement be amended, guaranteeing that a minimum of 40 parking spaces shall be provided on Parcel 1 of Parcel Map 68 -48 (Resubdivision No. 421), the South Coast Shipyard and Design Center site, for the duration of the restaurant use on the property in question. tem #7 Request to amend a previously approved use permit ISE that allowed live entertainment in the "L.akeside" IERMIT Restaurant in "Koll Center Newport" so as to permit 0. 1742 dancing in the restaurant facility. AMENDED Location: Parcel Map 61 -1 (Resubdivision No. kP PROVED 399) located at 4110 MacArthur ONDI- Boulevard, on the easterly side of I N ELY MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Newport. Zone: P -C Applicant: Irvin W. Martenson, Fullerton Owner: Irvin W. and Cheryl Martenson, Fullerton Public hearing was opened in connection with this matter. Page 14. COMMISSIONERS ➢v,. m A m y m£ CITY OF NEWPORT BEACH t • rj A A a MINUTES N- unn re,I ° Aaril 1. 1976 ,l,ncv Lawrence Hutner, Architect with Hutner and Appel, appeared before the Commission on behalf of the applicant. He commented on the size of the dance. floor proposed and was advised by the staff that the Commission had no jurisdiction over this matter which falls under the provisions of a cafe permit approved by the City Manager or City Council.. Mr. Hutner commented on the calculations of the net public area as stated in the staff report and felt they were incorrect as he had figured 5,505 square feet was.the total and this would affect the number of parking spaces required. Planning Commission inquired of Mr. Hutner whether it would be agreeable to require one parking space for each 35 square feet of net public area rather than stipulate the actual number of spaces and he agreed. Irwin Millman, co -owner of the Lakeside Restaurant, appeared before the Commission to comment on the operation of the proposed entertainment and danc- • ing. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make the Ayes X X X X X X following findings: Absent X 1. That the proposed use is consistent with the Land Use Element of the General.Plan and with the Planned Community Development Standards for "Koll Center Newport." 2. That the establishment of a dance floor will be compatible with the approved restaurant facility. 3. Adequate parking can be provided for the pro- posed development if an offsite parking agree - ment is obtained which provides for additional . parking spaces in the adjoining common parking area during the evening hours and on weekends. 4. The Police Department has indicated that they do not contemplate any problems with the pro- • posed development. 5. The approval of Use Permit No. 1742 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, Page 15. COMMISSIONERS Dm n m y T m • '� x 70 a m ROLL CALL 2 0 E CITY OF April 1, 1976 NEWPORT BEACH MINUTES INnry 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. and approve Use Permit No. 1742 (Amended), subject to the.following conditions: 1. That development shall be in substantial con- formance with the approved plot plan and floor plan, except as noted in Condition No. 2. 2. That the dance floor shall be increased to a minimum size of 400 sq. ft. unless a cafe permit is approved by the City Manager or the City Council which provides for a smaller dance floor. 3. That all applicable conditions of approval of the original Use Permit No. 1742 shall be fulfilled. 4. That an Offsite Parking Agreement shall be approved, which provides a minimum of 1 s.pace for each 35 square feet of net public area in the adjoining common parking area (i.e. Parcel 2.of Parcel Map 63 -31 - Resubdivision No. 457) during the evening hours and on weekends for the duration of the proposed development on the site. Item #8 Request to replace and relocate an existing drive- USE up teller facility in conjunction with the Califor- nia First Bank complex. PERMIT . 1787 Location: Lot 8, Tract No. 4225, located at APPROVED 1501 Westcliff Drive, on the south- CONDI- westerly corner of Westcliff Drive TIONNELY and Dover Drive adjacent to West- cliff. Zone: C -N -H Applicant: California First Bank, San Diego Owner: Morris Gold, Richard Gold, and Charles I. Gold, Newport Beach Page 16. COMMISSIONERS m l CITY OF NEWPORT BEACH MINUTES • N to ROLL CALL i April 1, 1976 Motion Ayes Absent 0 INDEX Public hearing was opened in connection with this matter. Bill Dietrich appeared before the Commission on behalf of California First Bank and concurred with the staff report and recommended condition. . There being no others desiring to appear and be heard, the public hearing was closed. X Motion was made that Planning Commission make the X X X X X X following findings: X 1. The proposed development is in conformance with the General Plan, and is compatible with the surrounding land uses. 2. Adequate offstreet parking spaces are being provided for the proposed development. 3. Adequate provisions for traffic circulation are being made for the drive -in teller facility. 4. The proposed development does not have any significant environmental impact. 5. The approval of Use Permit No. 1787 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons resid- ing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1787, subject to the following condition: 1. That development shall be in substantial conformance with the approved plot plan and elevations. Item #9 Request to establish one building site and elimi- RESUB- nate interior lot lines where portions of four DIVISION lots and an abandoned alley now exist so as to NO. 516 permit interior and exterior remodeling of the existing Richard's Market commercial complex. APPROVED CONDI- Page 17. TIONALLY COMMISSIONERS A- MiM f p p 3 x rn N ROLL CALL 2 April 0 Motion Ayes *ent CITY OF NEWPORT BEACH 1, 1976 MINUTES Portion of Lot 3, Tract No. 1117, portions of Lots 3, 6, and 7 in Section 28, Township 6 South, Range 10 West, and a portion of an abandon alley, located at 3433 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto. C -1 -H Orange Coast Developers, Long Beach Orange Coast Developers and the Griffith Co., Long Beach Ray Mercado & Associates, Garden Grove Development Director Hogan advised of �d changes to Conditions No. 3 and No. 4. City Attorney Coffin reviewed his memo it 1, 1976, relative to the means whereb ion to the Zoning Code could be granted indings which must be made in connection aring was opened in connection with this do, 12550 Brookhurst Street, Garden Grove, before the Commission on behalf of the to answer questions and concurred with report and recommended conditions as Executive Vice President of Orange Coast s appeared before the Commission to estions relative to the proposed remodel - arking. ng no others desiring to appear and be e public hearing was closed.. s made that Planning Commission make the findings: the proposed map is consistent with cable general and specific plans. the design or improvement of the proposed Page 18. Location: I Zone: Applicant Owner: Engineer: Community recommend Assistant dated Apr an except and the f therewith Public he matter. Ray Merca appeared applicant the staff revised. Ed Migge, Developer answer qu ing and p There bei heard, th X Motion wa X X X X X X following X 1. That appli 2. That MINUTES Portion of Lot 3, Tract No. 1117, portions of Lots 3, 6, and 7 in Section 28, Township 6 South, Range 10 West, and a portion of an abandon alley, located at 3433 Via Lido, on the southerly side of Via Lido between Newport Boulevard and Via Oporto. C -1 -H Orange Coast Developers, Long Beach Orange Coast Developers and the Griffith Co., Long Beach Ray Mercado & Associates, Garden Grove Development Director Hogan advised of �d changes to Conditions No. 3 and No. 4. City Attorney Coffin reviewed his memo it 1, 1976, relative to the means whereb ion to the Zoning Code could be granted indings which must be made in connection aring was opened in connection with this do, 12550 Brookhurst Street, Garden Grove, before the Commission on behalf of the to answer questions and concurred with report and recommended conditions as Executive Vice President of Orange Coast s appeared before the Commission to estions relative to the proposed remodel - arking. ng no others desiring to appear and be e public hearing was closed.. s made that Planning Commission make the findings: the proposed map is consistent with cable general and specific plans. the design or improvement of the proposed Page 18. COMMISSIONERS >o AQQ m f CITY OF NEWPORT BEACH � f m D12 m r f va N a onn fell. ° April 1, 1976 MINUTES ,uncv. subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the. proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause'substan- tial environmental damage or substantially and Avoidably injure fish or wildlife or their. habitat. 6. That the design of the subdivision or the Proposed improvements are not likely to cause serious public health problems. 7. 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. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed. by a California Regional Water .Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the.Water Code. 9. There are.special circumstances or conditions affecting this property due to the fact that the City is requiring the dedication of pro - perty for the future development and widening of Newport Boulevard which results in the loss of eleven existing off - street automobile park - ing spaces. 10'. The exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider due to the fact that no additional property is available in the area on which said automobile parking spaces may be relocated without great and substantial incon- venience and hardship to the subdivider. 11. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity which the property is located due to the fact that the Page 19. COMMISSIONERS I do 4 £ CITY OF NEWPORT. BEACH rm� m Air N Qnu ee11 $ April 1, 1976 MINUTES IN�EY greater public good is served by the widening of Newport Boulevard, to increase its carrying capacity, as opposed to the minor loss of automobile parking spaces in conjunction with the overall redevelopment of the.subject property. 12. The objectives of the zoning ordinance of the City of Newport Beach in regards to public . health, safety, convenience, and general welfare will be preserved by the granting of the exception to the eleven off - street automo- bile parking spaces because said dedication of right -of -way will facilitate and make more usable Newport Boulevard in and around the subject property. and approve Resubdivision No. 516, subject to.the following conditions: 1. That a parcel map be filed. • 2. That all public improvements be constructed as required by ordinance and the Public Works Department. 3. That a triangular- shaped area (approximately 30' X 280') at the southwesterly corner of the parcel be dedicated for public street and highway purposes. The additional right -of -way will be used in a future street widening pro - ject for Newport Boulevard; with the responsi- bility for constructing the improvements to be the City's. The existing parking spaces, decorative wall and landscaping projecting into the additional right -of -way shall be allowed to remain under a license or authorized encroachment arrangement. The terms of the dedication shall be as provided for in an agreement to be negotiated between the land owner and the City Council. 4. That the 11 existing parking spaces eliminated in conjunction with the proposed street dedi- cation shall be permanently waived and the. applicant shall not be obligated to replace them or otherwise compensate for the loss of the spaces now or hereafter in connection with future applications. 5. That the revised parking lot layout be reviewed and approved by the Traffic Engineer as to the Page 20. COMMISSIONERS Dom A s> m£ ro ROLL CALL X Motion Ayes Absent Motion A s Aen t CITY OF NEWPORT BEACH MINUTES ADril 1. 1976 lunev . location of access points and the design of the lot in the area near access points. Item #10 Santa Ana River /Santiago Creek Greenbelt Implemen- ANTA ANA tation Plan. R ANTIAGO Senior Planner Talarico appeared before the REEK Commission and answered questions in connection REENBELT with this matter. PPROVED X Motion was made that Planning Commission recommend X X X X X X to.the City Council approval of the Santa Ana X River /Santiago Creek Greenbelt Implementation Ptah. X There being no further business, motion was made X X X X X X.to adjourn the meeting. Time: 9:45 P.M. x JAMES PARKER, Secretary Planning Commission City of Newport Beach Page 21.