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HomeMy WebLinkAbout04/07/1983M/VMSSIONERSI REGULAR PLANNING COMMISSION MEETING CALII 111 1111 X IX IX IX I All Present. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Hugh Coffin, Acting City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary MINUTES INDEX • PLACE: City Council Chambers TIME: .7:30 p.m. g c x x x APPROVAL OF THE MINUTES DATE: April 7, 1983 _m m n City of Newport Beach CALII 111 1111 X IX IX IX I All Present. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Hugh Coffin, Acting City Attorney x x x STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Patricia Temple, Senior Planner Donald Webb, City Engineer Pamela Woods, Secretary MINUTES INDEX • x x x APPROVAL OF THE MINUTES APPROVAL OF THE Minutes of March 10, 1983 MINUTES Commissioner Kurlander referred to Page 39, first paragraph, and stated that reference should be made to "east" of Marguerite Avenue, rather than "west" of . Marguerite Avenue. - Motion X Motion was made for approval of the March 10, 1983, All Ayes X X X X Planning Commission Minutes, as revised, which MOTION CARRIED. Minutes of March 24, 1983 Commissioner Allen referred to Page 10, third paragraph, and stated that reference should be made to her commitment for the zoning, rather than the City's commitment. Motion I, I I I [ I 1 1 Motion was made for approval of the March 24, 1983, All Ayes X X X X X X Planning Commission Minutes, as revised, which MOTION CARRIED. _ x r x 0 -1- COMMISSIONERS MINUTES April 7, 1983 fro m m n 1 � City of Newport Beach ROLL CALL INDEX Slide Presentation on R /UDAT Program (Discussion) Item #1 A slide presentation by the American Institute of Architects on the Regional /Urban Design Assistance Team. . Planning Director Hewicker presented background PROGRAM information on this item. He stated that the City is currently working with the American Institute of (Discussion) Architects in order to bring the Regional /Urban Design Assistance Team.to the City of Newport Beach in June of this year. He stated. that the program would concentrate on an urban design study for the McFadden Square /Cannery Village area. Planning Director Hewicker stated that the following slide presentation is also available to citizen and community organizations by contacting Patricia Temple of the Planning Department. • Patricia Temple, Senior Planner, delivered a slide presentation with a taped narration by the Americana Institute of Architects on the Regional /Urban Design Assistance.Team (R /UDAT), which depicted the objectives of the program. Photographic slides of local significance which delineated the proposed study area were also included in the presentation. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the steering committee has been appointed.by the Mayor. 'He.stated - that. Mr.. William Blurock, representing. the American' Institute of Architects, is the Chairman, and the members are as follows: Tom. Moon, representing the local Chapter of the American Institute of Architects.; Jackie Heather, .Donald Strauss' and Ruthelyn.:Plummer, three members of the City Council; Jerry:King, Chairman of the. Planning Commission; James Hewicker,, Planning.'. Director; Bill Frederickson; representingthe Peninsula Point Association and a. portion of. the: business community; Bill. Hamilton; representing the Cannery ,. .;Restaurant and the Newport Harbor: Area Chamber of Commerce, and, John Curci, businessmen in the Rhine ' Channel area. � r c m � m c m x m 0 MINUTES April 7, 1983 of Newport Beach In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the R /UDAT team is scheduled' to meet June 9th through June 12th, with their presentation to the City Council on June 13th. Commissioner Allen stated that the R /UDAT program has the potential to become a great planning tool for the City of Newport Beach. She stated that it is important that the residents of the study area become aware of the program early, so that they may participate in the process. Planning Director Hewicker stated that a Citizens Participation Subcommittee has been formed to accomplish this. Chairman King reiterated that the slide presentation is available to local organizations and individuals in order to obtain their comments and participation. Request to amend a previously approved variance that permitted the construction of an accessory garage - storage structure located on the bluff side of Ocean Boulevard which exceeds the height of the top of curb of Ocean Boulevard. The proposed garage structure is proposed to be constructed a maximum of 3 feet above the curb on Ocean Boulevard as originally approved by the Planning Commission, but will be located approximately 10 feet closer to Ocean Boulevard than the approved plans. The accessory structure will be constructed on the site in conjunction with the construction of a single family dwelling that conforms. with the permitted height limits. LOCATION: Parcel No. 2 of Parcel Map 36 -3, (Resubdivision No. 274) located at 2501 Ocean Boulevard, on the southwesterly side of Ocean Boulevard at the southwesterly terminus of Carnation Avenue, in Corona del Mar. ZONE: R -3 -3- INDEX Item #2 VARIANCE NO. 1095 (Amended) APPROVED CONDI- TIONALLY MINUTES April 7, 1983 � r c m y. City of Newport Beach INDEX APPLICANT: Carl Quandt, San Jacinto OWNER: Same as applicant The public heating opened in connection with this item and Mr. Carl Quandt, the applicant, appeared before the Commission, and requested approval of the amended variance application. He stated that the amended variance is in conformance with the concerns of the surrounding neighbors and the Coastal Commission. Planning Director Hewicker distributed to the Planning Commission a Revised Exhibit "A" which listed the recommended conditions of approval for the amended variance. He stated that the. recommended conditions conform with the amended variance which is being presented and the modifications which have been previously approved. • Mr. Ross Maxwell, representing the architect, appeared before the Commission. Mr. Maxwell stated that they concur with the recommended Revised Exhibit "A ". He submitted revised plans which reflected the proposed changes. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the revised plans reflect the lowering of the back portion of the garage by 8 inches to make the top of the roof conform with the prior configuration and the addition of a curb stop on the inside of the garage. He stated that these are considered to be minor changes and have been discussed with Mr. James Lorman, the City's' Grading Engineer. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that to the best of his knowledge, the previously approved variance for this project has not been submitted to the Coastal .Commission. He stated that Mr. Quandt had indicated to him that the revisions were necessary as the result of a discussion that Mr. Quandt had with a staff member of the Coastal Commission. Planning Director Hewicker stated that he has not recently • received any correspondence or telephone calls from the Coastal Commission regarding this project. 10 n x m � m c n p m D J ROLL • MINUTES April 7, 1983 INDEX In response to a question' posed by Commissioner McLaughlin, Planning Director Hewicker stated that the proposed minor revisions would not warrant a readvertising and rehearing of the amended variance request. He stated that the community has had ample opportunity to review the amended variance request. Mr. James Stenson, speaking on behalf of Mr. Quandt, appeared before the Commission. Mr. Stenson referred to Mr. Quandt's letter attached to the staff report and stated that the letter outlines his position on the amended variance request. Mr. Stenson also referred to the Coastal Commission's letter dated March 9, 1983, attached to the staff report, which outlines the Coastal Commission concerns with the proposed project.' He stated that the Coastal Commission is more concerned with the views from the bay, rather than the view from Ocean Boulevard. He stated that the revisions to the amended variance request should be more acceptable to the surrounding neighbors and the Coastal Commission. Mr. Kent Moore, owner of property located at 2500 and 2502 Ocean Boulevard, and representing approximately 50 adjacent homeowners, appeared before the Commission. Mr. Moore stated that Mr. Quandt has spoken to Mr. Nichols of the Corona del Mar Community Association, but has not spoken to any of the adjacent homeowners which he,is representing. In response to a question posed by Mr. Moore, Planning Director Hewicker stated that the revised plans submitted this evening, reduce the overall height of the garage by 8 inches at the farthest extent of the structure from Ocean Boulevard, providing a slight slope to the garage roof. Mr. Moore recommended that the property be rezoned to the R -1 District. He stated that this would resolve many of the problems which have been encountered over the years with the subject parcel. Commissioner McLaughlin asked if the rezoning of the property to the R -1 District would constitute spot zoning. Planning Director Hewicker stated that this would constitute spot zoning, in that the adjoining • properties are zoned R -3. -5- n x � r � m = m 3 C C p D - aasa .m • • MINUTES April 7, 1983 of Newport Beach Planning Director Hewicker' stated that given the constraints which have been placed upon the property by the Coastal Commission and the fact that there can only be two parking spaces consisting of a one -car garage and an open parking stall, it would be impossible to have an additional dwelling unit on the property. He stated that a single family dwelling is a permitted use in a multiple - family zone. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that if the recommended Revised Exhibit "A" is adopted by the Planning Commission, no additional conditions relating to the.slope of the garage roof would be required. Commissioner Kurlander asked if it would be possible to place a condition upon the project that the applicant agree that this development is the total development and that no additional development will be requested. Planning Director Hewicker stated that the applicant can state that this will be the total development, but the condition would not be legally binding. Commissioner Kurlander suggested that such a condition could be legally recorded upon the property which would preclude the applicant or a subsequent owner of the property from developing the property further. Planning ,Director Hewicker stated that the Coastal Commission may dictate that the applicant make further changes to the project beyond the applicant's control, thereby necessitating that the applicant submit further revised plans to the City. Commissioner Allen suggested that a condition be legally recorded, in consideration of the requested variance, that if the applicant builds the project as approved, that the applicant or a subsequent owner of the property will not request any additional development upon the site. She stated that similar conditions have been imposed on other projects within the City. .Planning Director Hewicker stated that such conditions have been imposed on projects which exceed the height limit. '.L. INDEX MINUTES April 7, 1983 o x � r c w City of Newport Beach INDEX Mr. Hugh Coffin, Acting City Attorney, stated that if the Planning Commission has imposed such conditions in the past, the precedent has already been set in granting one right in consideration of limiting certain other rights. Planning Director Hewicker suggested the following wording, "That in consideration of granting the variance to put the garage and the open parking space on the front one -half of the lot, that the applicant will agree to bind themselves and any successors in interest on the property, that they will not develop more than a single family dwelling." Chairman King stated that the granting of the variance in itself, is the consideration. in making the contract binding. Mr. Coffin concurred and stated that the granting of an exception is because of a hardship or unusual circumstances. However, Mr. Coffin stated that • the Planning Commission also has the power to deny such exceptions or limit the exceptions. Mr. Quandt stated that he has spent several years trying to develop the property. He stated that it would not be fair to impose a condition upon the property which would last forever. He stated that the Coastal Commission will not suggest that multiple units be built upon the property.. Therefore, he stated that the property is limited to his current plan for a single family dwelling. In response to a question posed by Chairman King, Mr. Quandt stated that he would agree not to develop more than a single family dwelling upon the property. However, Mr. Quandt expressed his concern with obligating the property forever to such a condition. Commissioner Balalis stated that the Commission has imposed such conditions in the past, on commercial properties to limit the intensity of square footage. However, he stated that capriciously establishing a down zoning on an R -3 property to allow the variance, by only allowing an R -fuse of the property, would not . be legally binding and he could not support such a condition. -7- � c c m m a � � n 71 c m MINUTES April 7, 1983 of Newport Beach lZ oil S�1 Commissioners McLaughlin and Goff concurred with the comments expressed by Commissioner Balalis. Mr. Moore stated that they are concerned that something other than a single family dwelling will be built upon the property. He stated that the modified plan for the garage structure is acceptable to the residents of the area. Commissioner Allen stated that this is a unique project which has been approved in bits and pieces. She suggested that the approval of the garage structure be conditioned to a single family residence, for as long as a single family residence with the garage structure is located on the property. She stated that this condition would be in the form of a recorded restriction upon the property. Commissioner McLaughlin stated that, if for example, • condominium units were to be proposed for the site, the applicant would have to submit plans to the Planning Commission for approval. Mr. Quandt stated that he will agree not to develop more than one single family dwelling and one garage structure upon the property. He stated that he would not represent to anyone else that additional units can be built upon the property. He stated that rezoning' the property would take too much time and money. Planning Director Hewicker stated that the Planning Commission has the option of placing a density limitation upon the R -3 zoning designation. He stated that the buildable area of the property is 14,328 square feet. He stated that the Planning Commission could initiate a zone change to reclassify the property from the R -3 District to the R -3 (14,328) District. He stated that the property would still be zoned R -3, with one dwelling unit permitted for each 14,328 square feet of buildable area. Commissioner Allen stated that the suggestion would not be practical because if six square feet were to be • added to the dwelling unit, the applicant would be in violation of the zoning. Planning Director Hewicker. stated that the size of the dwelling unit. could be changed, but the buildable area could not be changed. f m � w r, April 7, 1983 Beach MINUTES E R O L L CALL X 1 1 1 1 1 1 1 I INDEX Motion Commissioner Allen variance should be residence. stated that the granting of the legally bound to a single family Motion was made for approval of Variance No. 1095 (Amended), subject to the staff report findings and recommended conditions in Revised Exhibit "A ". Amendment JXJ I Amendment to the motion was made to include the phrase,. "for the use of a single family dwelling unit" to Condition No. 1. Commissioner McLaughlin accepted this Acceptance as an. amendment to her motion. Commissioner Ealalis stated that if the project is approved, the applicant should submit the plans for a full hearing before the Coastal Commission to obtain • its determination, rather than relying upon the opinion of one Coastal Commission staff member. Mr. Quandt explained the past problems which he has encountered with the Coastal Commission. However, he stated that he has not formally submitted plans to the entire Coastal Commission for consideration of a single family dwelling. Commissioner Allen asked legal counsel if the amendment to the motion binds the variance to a single family dwelling. Planning Director Hewicker stated that previously approved variance included the single family dwelling and the garage structure. He stated that the amended variance is being requested for the proposed revision to the garage structure. Mr. Coffin stated that if the applicant were to request a different' development in the future, the Planning .Commission would have the opportunity to review and act upon said development. He stated that the variance would remain upon the property for this particular project. ndment I I JXJ I I Amendment to the motion was made, that Condition No. 1 make reference to the revised plot plan dated April 7, 1983. Commissioner McLaughlin accepted this as an Acceptance amendment to her motion. ME All Ayes MINUTES April 7, 1983 m q. City of Newport Beach INDEX XIXIXIX) Commissioner McLaughlin's amended motion for approval of Variance No. 1095 (Amended), was now voted on as follows, which AMENDED MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building, and use proposed in this application; which circumstances and conditions do not generally apply to land, building, and /or uses in the same district inasmuch as the existing topography of the site would necessitate the construction of a longer driveway and garage lower on the site. Said garage would not be as accessible as one located higher on the site. 2. That the granting of a variance is necessary for the preservation and enjoyment of substantial • property rights of the applicant, inasmuch as the Coastal Commission has indicated they will not approve a garage in another location. 3. That the establishment, maintenance, and operation of the use, property, and 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 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. The Coastal Commission has indicated that the loss of public views is a preferable development alternative to the alteration of Coastal Bluffs. CONDITIONS: 1. That development shall be in substantial conformance with the approved revised plot plan and section, dated April 7, 1983, for the use of a single family dwelling unit, except as noted below. 2 That the garage structure be redesigned so that the proposed garage shall maintain a clear inside width of 9' -4" as required by Code. -10- � c r m � m Qm x a April 7, 1983 of Newport Beach MINUTES 3. That the garage structure be maintained free and clear for the parking of a vehicle at all times. 4. That a drainage plan for the subject garage structure shall be approved by the City Grading Engineer and the Public Works Department prior to the issuance of building or grading permits. Said drainage plan shall be consistent with all applicable standards and policies of the City of Newport Beach. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the existing catch basin on Ocean Boulevard be relocated to clear the proposed drive apron and that the location be approved by the Public Works Department. • 7. That the proposed back of the driveway apron have a minimum rise of 12 inches above flow line elevation unless otherwise approved by the Public Works Department. • 8. That a subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. That approval of this revised variance request is predicated upon the applicant relinquishing his right to exercise that portion of the previously approved 'Variance pertaining to the original location of the garage structure on the site. That portion of the previously approved Variance pertaining to the Modification to the Zoning Code for the height of walls and walkway railings within the required 10 foot front yard setback area and the location of the detached garage on the front on -half of the lot shall remain valid. ,e • x —11— INDEX COM/WSSIONERS1 MINUTES April 7, 1983 m � m a ROLL of Newport Beach INDEX . Request to permit the service of beer and wine in an item #3 existing take -out restaurant in the C -1 District, and to waive all of the required parking spaces.' LOCATION: Lot 3, Block 23, Newport Beach Tract, located at 2304 West Ocean Front, on the northerly side of West Ocean Front, between 23rd Street and 24th Street, in the McFadden Square area. ZONE: C -1 APPLICANT: Masoud Tofer, Newport Beach OWNER: Patrick William Hanifin, Newport Beach The public hearing opened in connection with this item • and Mrs. Mary Tofer, the applicant, appeared before the Commission and requested approval of the use. permit. She stated that permitting the service of beer and wine in the existing take -out restaurant would improve the business. She stated that the customers can currently purchase the beer at the take -out restaurant -, but can not consume the beer on the premises. Planning Director Hewicker stated that the applicant currently. has an existing off -sale beer and wine license. He stated that the customers can purchase beer and. wine on the premises and remove the beer and wine for consumption near the premises. He stated that this creates a Code enforcement problem. He stated that the State Alcoholic Beverage Control Department has been contacted, in which they indicated that if the Planning Commission were to grant the on -sale beer and wine license, a condition could be required that the applicant terminate the existing off -sale beer and wine license. Chairman King asked Mrs. Tofer if terminating the existing off -sale beer and wine license would be acceptable. Mrs..Tofer concurred, but stated that many • of the nearby residents buy their beer and wine at the. restaurant to consume in their homes. -12- PERMIT COMNNSSIONERS I MINUTES April 7, 1983 n x � r c c m R n m > J J 0 IQ M N J ROLL CALL • • of Newport Beach Commissioner Balalis stated that during the summer months, residents of the area can.not drive to stores to purchase their beer and wine because of the traffic situation. Therefore, he stated that many residents walk to such establishments in order to purchase beer and wine which they will consume in their homes. He stated that the enforcement should be dealing with those persons consuming the alcoholic beverages on the public beaches. Mrs. Tofer stated that other than the existing take -out restaurant, there is no market or liquor store to purchase beer and wine for many blocks within the area. In response to a question posed by Commissioner Goff, Mrs. Tofer stated that they advise.their customers that it is illegal to consume beer or wine on the beach. However, she stated that she had received a ticket from the Police Department one time, when a customer was found consuming beer on the back portion of her property. Chairman King stated that the Police Department has recommended denial of the subject application, on the basis of the large concentration of on -sale restaurants and off -sale take -out type liquor licenses in the area surrounding the subject property. He stated that it is the Police Department's opinion that the approval of another on -sale type business will only add to the existing alcohol - related crimes in the area. He then referred to the list of restaurants located in the McFadden Square Area which is attached to the staff report. Commissioner Winburn stated that not all of the restaurants located in the McFadden Square area permit on -sale alcoholic beverages. Chairman King stated that the State law permits a customer to remove a bottle of wine from the premises, if it has not been fully consumed. Mr. Hugh Coffin, Acting City Attorney, stated that the City of Newport Beach Municipal Code prohibits possession of alcoholic beverages on public property. -13- INDEX � r c 3 m m a amxc,m_ MINUTES April 7, 1983 of Newaort Beach INDEX Tn response to a question posed by Commissioner Winburn, Mr. Coffin stated that had the applicant had an on -sale beer and wine license, the applicant would not have received a ticket from the Police Department for a person consuming beer on the premises. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the existing take -out restaurant is a legal non - conforming use. Chairman King asked what additional fees would be imposed if the Planning Commission were to restrict the sale of beer and wine to on -site consumption only and prohibit the sale of off -site beer and wine. Mrs. Tofer stated that it will cost $500.00 for the on -sale beer and wine license and she .would lose the $500.00 which she had previously paid for the existing off -sale beer and wine license. • Commissioner Goff stated that a major problem area for the Police Department is the McFadden Square area where the subject request is located. He stated that the Police Department has recommended that this application be denied, therefore, he made the following motion: Motion I I I I JxJ I I Motion was made for denial of Use Permit Mo. 3027, subject to the Findings contained in Exhibit "B" of the staff report. Commissioner Kurlander stated that he will support the motion for denial, on the basis that the existing use is a take -out restaurant with an existing off -sale beer and wine license. He stated that an on -sale beer and wine license will stimulate the number of persons consuming food and alcohol on the premises, which will entirely change the character of the take -out restaurant. Commissioner Winburn stated that there are approximately 15 stools inside of the restaurant and 5 stools contained in an outside eating /entry area. She stated that the major portion of the restaurant business during this time of the year occurs inside of . the restaurant. -14- � r c a m 7c G) m ROLL CALL April 7, 1983 of Newport Beach MINUTES INDEX Substitute Substitute Motion was made for approval of Use Permit Motion X No. 3027, subject to the findings and conditions contained in Exhibit "A" of the staff report, with the additional condition, "That in consideration of the approval of this permit for an "on- sale" beer and wine license, the use of the existing "off- sale" beer and wine license and the sale of beer and wine for consumption off the premises shall be terminated." Commissioner Goff referred to the list of restaurants located in the McFadden Square Area attached to the staff report, and stated .that only one existing take -out restaurant permits on -sale alcoholic beverages. He expressed his concern that with approval of this request, two take -out restaurants in the area would be permitting on -sale alcoholic beverages. • Commissioner Winburn stated that it appears that the majority of the business for the existing use during this time of the year is not for take -out purposes, but rather the food is 'consumed on -site. She stated however, that this may change during the summer months. Commissioner Balalis stated that the on -sale consumption of beer and wine will be incidental to the food service. He further stated that the off -sale beer and wine should be permitted for those customers who prefer to consume their take -out food off the premises. He stated that the applicant should be permitted to have both the on -sale and off -sale beer and wine license. Commissioner Winburn stated that a customer who has bought food and alcohol on a take -out basis and has been told not to consume the alcohol on public property, may or may not adhere to the law. She stated that it is not fair for the applicant to get a ticket as the result of a customer who does not adhere to the law. She stated that if the customers are restricted to consuming their alcohol on the premises with their . • food, there will be less problems for the Police Department to contend with. -15- CALL • Ayes Noes • n 7C r m � m c m z Gi m D J p 0 IG S N J MINUTES April 7, 1983 of Newport Beach Commissioner Balalis concurred with the comments made by Commissioner Winburn, but stated that he would not like to preclude a' customer from purchasing take -out food, along with beer or wine, which he may intend to consume in his home. Chairman King stated that if the off -sale beer and wine license is terminated, the applicant would not have to be concerned with the consumption of alcohol without their knowledge, resulting in a ticket from the Police Department. He further stated that there is a number of customers who only buy alcohol for off -site consumption and do not necessarily buy the take -out food. Therefore, he stated that restricting the permit to only allow for on -sale beer and wine, along with'the consumption of food, may enhance the entire food service operation. He stated that this type of operation would also be easier to manage and police. He stated he would be supporting the Substitute Motion. Commissioner Allen clarified the intention of the Substitute Motion and stated that customers would not be allowed to take -out alcoholic beverages, whether they be sealed or otherwise. She stated that customers could only consume alcoholic beverages inside of the restaurant building, and not consume the alcoholic beverages on the outside eating /entry area which contains the 5 stools. Mr. Coffin concurred. Chairman King stated that the applicant has agreed to terminate the use of the existing off -sale beer and wine license in consideration *of the approval for an on -sale beer and wine license. Commissioner Goff stated that his motion for denial is based upon *the Police Department's recommendation for denial in that approval of another on -sale type business will only add to the existing alcohol - related crimes in the McFadden Square area. XIXIXIX I Substitute Motion by Commissioner Wiurn for approval of Use Permit No. 3027 including the additional condition, was now voted on as follows, which .SUBSTITUTE MOTION CARRIED: -16- INDEX n x � r c m � W o m 7c G1 y D April 7, 1983 Of is NNAIRMT -C MINUTES INDEX 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Costal Program Land Use 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 parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. I I I I I ( I 4. That the proposed use does not represent an • intensification of use that will result in an increased parking demand for the area. 5. The Planning Commission has approved several use permits for on -sale beer and wine in other existing restaurant facilities throughout the City without requiring parking spaces. 6. The approval of Use Permit No. 3027 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 plot plan /floor plan, 2. That the development standards related to all of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, . walls, landscaping, and utility requirements are waived. -17- 3 x m � m 5 c m m a omxc,m_ mil • • 3 4. 5 6. 7 3 MINUTES April 7, 1983 of Newport Beach That no alcoholic beverages ,shall be sold or consumed outside of the restaurant building. That the hours of operation shall be limited from 9:00 a.m. to 8:00 p.m. daily. That the serving of beer and wine shall be incidental to the primary function of providing food service. That all trash shall be stored within the building until it is to be picked up. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. That this approval shall be for a period of one year, and any extension shall be subject to approval of the Modifications Committee. 9. That in consideration of the approval of this permit for an "on- sale" beer and wine license, the use of the existing "off- sale" beer and wine license and the sale of beer and wine for consumption off the premises shall be terminated. Commissioner Balalis suggested that the staff prepare a letter for the applicant outlining the requirements of the Planning Commission approval. -18- INDEX COMNNSSIONERS MINUTES April 7, 1983 � c m � m City of Newport Beach ROLL CALL Itl I I I I INDEX Request to permit the construction of a two unit Item #4 residential condominium project and related garages in the R -4 District. A modification to the Zoning Code is also requested so as to permit the proposed garage spaces to have widths of 9 feet where garage widths of 9 feet 4 inches are required. USE PERMIT AND NO. 3028 Request to create one parcel of land for residential condominium purposes where one lot and a portion of a second parcel presently exist. LOCATION: Lot 9, Block 218, Section B and a AND portion of Section 33, Township 6 South, Range 10 West, located at 1819 West Bay Avenue, on the southerly side of West Bay Avenue, between 18th Street and 19th Item #5 Street, on the Balboa Peninsula. I I I I I I I I ZONE: R -4 APPLICANT: Richard Zahn, M.D., Fullerton RESUB- DIVISION OWNER: Bertha Lamb, c/o William Schmidt, NO. 744 Newport Beach Agenda Items No. 4 and 5 were heard concurrently due to their relationship. BOTH APPROVED The public hearing opened in connection with these CONDI- items and Dr. - Richard Zahn, the applicant, appeared TIONALLY before the Commission and requested approval of these items. In response to a question posed by Commissioner Winburn, Planning Director Hewicker described the surrounding properties and their approved buildable areas. He stated that the proposed floor area ratio for this project is 1.83 times the buildable area (excluding parking as permitted in the R -4 District); • and 2.13 times the buildable area (including the proposed four car garage). -19- Motion All Ayes • n x � r c v m 7c p m > m_— m S m XIX MINUTES April 7, 1983 of Newport Beach Chairman King expressed his concern with the construction scheduling of the proposed project, because of its location to a small beach. He stated that it is possible that the construction vehicles will be utilizing the restricted amount of parking which exists in the area. Planning Director Hewicker stated that if the Planning Commission were to condition every project with construction scheduling, he stated that there would virtually be no construction taking place during the summer months. Motion was made for approval of Use Permit No. 3028, subject to the following findings and conditions, which MOTION CARRIED: FINDINRRe 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. 2. The project will substantially comply with all applicable standard plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of approval. 3. The project lot size conforms to the Zoning Code requirements in effect at the time of approval. 4. The project is consistent with the adopted goals and policies of the General Plan and the Local Coastal Program, Land Use Plan. S. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. That the proposed garage widths of 9' -0" where the Code requires a width of 9' -4" 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 is consistent with the legislative intent of Title 20 of this Code. -20- INDEX April 7, 1983 MINUTES m m m m City of Newport Beach ROLL CALL I I I I I I I I INDEX 7. The establishment, maintenance or operation of the use or building applied for 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, (including the additional 100 sq.ft, of floor area) and elevations, except as noted below. 2. That one accessible and one tandem garage space • shall be provided for each dwelling unit. 3. That there shall be no obstructions or projections into the proposed garages. Furthermore, the rear doors on the garages shall open outward. 4. That all conditions of Resubdivision No. 744 .shall be fulfilled. Motion Motion was made for approval of Resubdivision No..744, All Ayes IX I -X X X X X subject to the following findings and conditions, which MOTION CARRIED: _ FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or* specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no • problems from a planning standpoint. -21- MINUTES April 7, 1983 m a n a N. City of Newport Beach 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. 3. That a standard subdivision agreement and accompanying .surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel • map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. • 5. That the existing drive depressions along the West Bay frontage be removed and replaced with curb and that a 5' wide PCC sidewalk be constructed along the West Bay Avenue frontage under an encroachment permit issued by the Public Works Department. 6. That all vehicular access to the parcel be from the alley (vilelle Place). 7. That the proposed driveway join the asphalt alley and that all work be completed prior to final acceptance of the building by the Building Department. _22_ April 7, 1983 3 � c w = m m m w. City of Newport Beach MINUTES ROLL CALL I I I 1 1 1 1 I I INDEX 46 0 There being no further business, Commission adjourned at 9:15 p.m. x * x the Planning Dave Goff, Secretary Planning Commission City of Newport Beach -23-