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Home My WebLink About04/21/1983CALL i REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: April 21, 1983 itv of All Present. t Beach MINUTES [to 910 EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary L� IIIIIIII *�. APPROVAL OF THE MINUTES Minutes of April 7, 1983 Motion Motion was made for approval of the April 7, 1983, All Ayes X X llx X X Planning Commission Minutes, as written, which MOTION CARRIED. Staff recommended that Item No. 15 - Use Permit.NO. 3032, be removed from the calendar, inasmuch as the applicant had not received the consent of the property owner for the project. Staff further recommended that Item No. 18 - West Newport Study Area, be continued to the Planning Commission Meeting of May 19, 1983, to allow for the completion of the traffic data. I ( I Chairman King stated that the West Newport Study Area 1f will remain a discussion item on the evening agenda for May 19, 1983. -1- r c � m 'v m 7C M G1 m > J J 0 m+ W 3 i REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: April 21, 1983 itv of All Present. t Beach MINUTES [to 910 EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary L� IIIIIIII *�. APPROVAL OF THE MINUTES Minutes of April 7, 1983 Motion Motion was made for approval of the April 7, 1983, All Ayes X X llx X X Planning Commission Minutes, as written, which MOTION CARRIED. Staff recommended that Item No. 15 - Use Permit.NO. 3032, be removed from the calendar, inasmuch as the applicant had not received the consent of the property owner for the project. Staff further recommended that Item No. 18 - West Newport Study Area, be continued to the Planning Commission Meeting of May 19, 1983, to allow for the completion of the traffic data. I ( I Chairman King stated that the West Newport Study Area 1f will remain a discussion item on the evening agenda for May 19, 1983. -1- � r c April 21, 1983 of Newport Beach MINUTES INDEX Motion All Ayes llx Motion was made to remove Item No. 15 - Use Permit No. X X X 3032 from the calendar, and to continue Item No. 18 - West Newport Study Area to the Planning Commission Meeting of May 19, 1983, which MOTION CARRIED. Planning Director Hewicker stated that the Chief of Police has expressed concerns relating to uses involving beer and wine in the Central Balboa and McFadden Square areas. He stated that Chief Gross would like to appear before the Commission at the next meeting to express these concerns. Chairman King suggested that Items No. 10, 11, 14 and 16 be continued, so that Chief Gross can express his • concerns. Commissioner Balalis stated that it would be helpful to obtain input from the Police Department regarding this issue. Commissioner Goff concurred. Planning Director Hewicker suggested that the discussion with Chief Gross could be scheduled as the first item on the May 5, 1983, Planning Commission Meeting, with the continued items to be heard immediately following the discussion. The representative for Item No. 14 - Use Permit No. 3031, requested that their item not be continued. Motion Motion was made to continue Items No. 10, 11 and 16 - All Ayes X X X X Use Permit No. 1717 (Amended) , Use Permit No. 1849 (Amended) , and Use Permit No. 3034, to the Planning Commission Meeting of May 5, 1983, which MOTION CARRIED. a • IIIIII11 -2- COMMISSIONERS MINUTES April 21, 1983 m m. City of Newport Beach ROLL CALL INDEX Traffic Study (Continued Public Hearing) Request to consider a Traffic Study in conjunction with hems No. l thru 5 the construction of nineteen residential units. AND Amendment No. 585 (Continued Public Hearin Request to consider an amendment to a portion of ALL Districting Map No. 3 so as to reclassify property from APPROVED the Unclassified District to the R -2. District. In CONDI- addition, the applicant proposes to establish 10 foot TIONALLY front yard setbacks on said Districting Map for lot frontages adjacent to 32nd Street (extended) and 33rd Street and a 9 foot front yard setback on 31st Street. The proposal also includes the acceptance of an Environmental Impact Report and the approval of a Coastal Residential Development Permit. 0 11111111 AND Tentative Map of Tract No. 11906 Request to subdivide 1.65 acres of land into nine lots for residential condominium development, one lot for residential duplex development and one lot for single family residential development. The application also includes a request for exceptions to the Subdivision Code so as to allow the creation of corner lots containing less than 60 foot widths and less than 6,000 square feet in land area, interior lots containing less than 50 foot widths and less than 5,000 square feet in land area and lot depth of less than 85 feet. The proposal also includes a request to establish grades for the purpose of measuring heights of proposed buildings. The request also includes the extension of Seashore Drive from 33rd Street to Balboa Boulevard and the extension of two existing alleys. AND Use Permit No. 3022 (Continued Public Hearing) Request to permit the construction of nine individual two -unit residential condominium projects and related garages, on property proposed for rezoning to the R -2 District. The proposal also includes a modification to -3- April 21, 1983 MINUTES INDEX the Zoning Code so as to allow minor building encroachments into the required front and side yard setback areas. LOCATION: Portions of Blocks 31 and 32 of the Lake Tract, located at 120 32nd Street, on the southwesterly side of West Balboa Boulevard between 31st Street and 33rd Street, in West Newport. AND Coastal Development Permit No. 1 (Discussion) Request to consider a Coastal Development Permit for the purpose of establishing project compliance for a 17 unit residential development pursuant to the Administrative Guidelines for the implementation of the • State law relative to Low- and - Moderate - Income Housing within the Coastal Zone. ZONE: Unclassified APPLICANT: Max Morgan, Newport Beach OWNER: Same as applicant ENGINEER: Donald E. Stevens, Costa Mesa Agenda Items No. 1 through.5 were heard concurrently, due to their relationship. Planning Director Hewicker distributed to the Planning Commission revised and new conditions recommended for Coastal Development Permit No. 1. He also distributed information relating to a study which was performed by the University of California at Davis regarding the implementation of the Mello legislation. In addition, a supplemental staff report was submitted by the Public Works Department relating to the Tentative Map of Tract No. 11906; a letter dated April 19, 1983, from Kunzman Associates relating to the • Traffic Study; and, a letter dated April 14, 1983, from Mrs. W. K. Davis expressing her concern with the proposed northerly boundary wall. -4- � r c City of Newport Beach INDEX the Zoning Code so as to allow minor building encroachments into the required front and side yard setback areas. LOCATION: Portions of Blocks 31 and 32 of the Lake Tract, located at 120 32nd Street, on the southwesterly side of West Balboa Boulevard between 31st Street and 33rd Street, in West Newport. AND Coastal Development Permit No. 1 (Discussion) Request to consider a Coastal Development Permit for the purpose of establishing project compliance for a 17 unit residential development pursuant to the Administrative Guidelines for the implementation of the • State law relative to Low- and - Moderate - Income Housing within the Coastal Zone. ZONE: Unclassified APPLICANT: Max Morgan, Newport Beach OWNER: Same as applicant ENGINEER: Donald E. Stevens, Costa Mesa Agenda Items No. 1 through.5 were heard concurrently, due to their relationship. Planning Director Hewicker distributed to the Planning Commission revised and new conditions recommended for Coastal Development Permit No. 1. He also distributed information relating to a study which was performed by the University of California at Davis regarding the implementation of the Mello legislation. In addition, a supplemental staff report was submitted by the Public Works Department relating to the Tentative Map of Tract No. 11906; a letter dated April 19, 1983, from Kunzman Associates relating to the • Traffic Study; and, a letter dated April 14, 1983, from Mrs. W. K. Davis expressing her concern with the proposed northerly boundary wall. -4- 7 April 21, 1983 m m A 0 . City of Newport Beach MINUTES INDEX In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the City of Newport Beach has adopted guidelines for the enforcement of the Mello legislation which provide for the replacement of dwelling units within the coastal zone which are to be demolished and to be occupied by persons of certain affordability classes. He stated that this application will become the first case to be acted upon by the City of Newport Beach relating to the implementation of the Mello legislation. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the recommendation before the Planning Commission indicates that the provisions for the affordable units would be enforced either by the staff or by an outside agency selected by the staff. • The public hearing opened in connection with these items and Mr. Max Morgan, the applicant, appeared before the Commission, and presented background information on the proposed requests. Mr. Morgan stated that the proposed development has been reduced from 19 units to 17 units. He stated that he will be dedicating 13,784 square feet to the City for street dedication and easements. He stated that the R -2 District surrounds the proposed development and described the square footage of the proposed lots and proposed units. He stated that he now supports the extension of Seashore Drive, rather than the landscaped greenbelt area. Mr. Morgan expressed his concern with the longevity of the 10 year rental for the affordable housing units. He stated that 5 years would be considered a long term rental and would be more appropriate. Mr. Morgan referred to Condition No. 7 on the use permit and stated that the report from the acoustical engineer indicates that fixed windows would not be necessary to achieve the City and State required • interior noise standard. -5- April 21, 1983 � r c m m 00 %. . City of Newport Beach MINUTES R O L L CALM I I I III I IINDEX • u Mr. Morgan referred to Condition No. 38 on the tentative tract and stated that if he is being required to dedicate 13,784 square feet to the City, it would not seem reasonable for him to be required to purchase the 2.5 and 7.5 foot strips of land, amounting to 1,100 square feet, from the City. Mr. Morgan stated that he concurs with the remainder of the findings and conditions as recommended in the staff report, including the revised and new conditions as indicated in the supplemental staff report on the Coastal Development Permit No. 1. In response to a question posed by Commissioner- McLaughlin, Mr. Donald Webb, City Engineer, stated that the extension of Seashore Drive will allow the Fire Department access to the front of the proposed residential units. Commissioner winburn asked why 10 years is being required for the rental of the affordable units, rather than 5 years. Planning Director Hewicker stated that the inclusionary provisions for providing affordable housing in other jurisdictions varies widely. He stated that the 10 year provision more closely relates to the actions of the County in the past. Commissioner Balalis discussed the various aspects of the greenbelt area versus the extension of Seashore Drive. He stated that the applicant should be required to have some responsibility for the extension of Seashore Drive, but that the applicant should not be required to assume the total responsibility for the development of Seashore Drive. Chairman King stated that 10 years seems to be excessive for the rental of the affordable units. He stated that the average tenure of a sales unit is approximately 5� years. Commissioner Balalis stated that the average tenure of low income rental housing is approximately 3 years. MINUTES April 21, 1983 a m City of Newport Beach • Planning Director Hewicker expressed the concern of the staff relating to the first owner and the possibility for windfall profit. He stated that the longer the affordability requirements are maintained, perhaps the better. He stated that the Planning Commission can shorten the term relating to the affordable units. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that in terms of the Mello legislation, utilizing median income figures, a 1,200 square foot unit. could be rented at $898.00 per month. Commissioner Balalis stated that the average price of a 3- hedroom rental in the 32nd Street area ranges between $750.00 to $800.00 per month, maximum. He stated that.requiring the rental of the affordable units for more than a 5 year period, may not be accomplishing what is intended. Commissioner Balalis stated that in order to deter the windfall gain, the resale value of the unit could be limited. Mr. Fred Talarico, Environmental Coordinator, stated that staff has suggested that if the affordable units are to be "for- sale" units, the units shall be owner occupied for a three year period. He stated that the three year period was derived from discussions with the City of Irvine and the County of Orange. He stated that the 10 year rental period was derived from all housing construction for apartments under revenue bond programs which are required to maintain affordability for a 10 year period. Commissioner McLaughlin stated that private universities, such as Stanford, have dealt with the. affordable housing issues in the past. Commissioner Balalis stated that this would be a different concept, because the universities own the housing which they are making available. Mr. Robert Burnham, City Attorney, stated that Council Policy P -1 was adopted pursuant to the Mello . legislation which requires that the developer or • property owner and the City enter into an agreement with respect to the units. He stated that the -7- � r c 'c m 7C Q D April 21, 1983 of Newoort Beach MINUTES ROLL CALL I III III I . I INDEX _ agreement could be structured so as to require that any sale or resale of the units takes place subject to City staff approval and subject to certain price restrictions. He stated that the agreement could provide the term during which the price restrictions would be in place. He further stated that the agreement would come to the attention of prospective purchasers because the agreement would be recorded, as required under the Mello guidelines. He stated that this is the mechanism the City would utilize to control the sales price of the affordable units. In response to a question posed by Commissioner Balalis, Mr. Burnham stated that if the developer were to sell the affordable units, the developer would no longer be involved with the affordable units. Commissioner Balalis stated that if the developer were to rent the affordable units, the developer would have • to rent the affordable units for a period of 10 years. He stated that if the developer were to sell the affordable units during that ten year period, he would have to sell the affordable units at the affordable range. In response to a question posed by Chairman King, Mr. Morgan referred to a letter dated April 14, 1983, from Mrs. W. K. Davis. Mr. Morgan stated that a representative of Mrs. Davis had stated that a two foot gate into the backyard of her property, would be an acceptable solution. Mr. Morgan submitted a petition to the Planning Commission which contained approximately 150 signatures of surrounding residents and property owners in favor of the proposed development. Mr. Louis Kaufman, resident of 112 32nd Street, appeared before the Commission. Mr. Kaufman stated that the residents of the area need the street extension more than they need a landscaped greenbelt. He stated that this will enable the Fire Department • to gain access to this area. He requested that the proposed development be approved with the street extension. EM COMMISSIONERS MINUTES April 21, 1983 3 � � 5 m m City of Newport Beach - m ROLL CALL INDEX Mr. Curt Pinckert, resident of 109 32nd Street, appeared before the Commission. Mr. Pinckert stated that he purchased his property in 1938 and has no objections with the proposed development. He stated that the street extension would be preferable to the greenbelt. Ms. Janice De Bay, resident of 5107 Seashore Drive, and Chairman of the Citizens Environmental Quality Advisory Committee (CEQAC), appeared before the Commission. Ms. De Bay stated that she is only speaking as an individual at tonight's meeting. She stated that the applicant has presented the proposed development to CEQAC and to the West Newport Beach Association. She stated that the residents of the area had hoped that a park would be proposed for this area, however, she stated that she understands that the land would be too expensive for the City to purchase. She stated that she supports the proposed development which will • I I I f I I I upgrade the area and encourage more full -time residents 1 in this area of the City. She expressed her concern that Seashore Drive not become a two -way street. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated that the staff report for February 24, 1983, addressed the controls which could be implemented for the affordable units and contained a copy of City Council Policy P -1. He stated that the new and revised conditions relating to Coastal Development Permit No. 1 were suggested after staff had met with the Chairman and First Vice- Chairman of the Planning Commission. Chairman King stated that the new and revised conditions insure that the affordable units, whether they be "for- sale" or rented units, remain affordable for a certain period of time. Commissioner Allen stated that at this point, she is not ready to determine if resale controls should be imposed upon the affordable units for this project. Planning Director Hewicker stated that this is the • first application before the City relating to the implementation of the Mello legislation. i z � r c Q m 3 7� ci m D April 21, 1981 of Newport Beach MINUTES Commissioner Balalis stated that he would be willing to act upon the proposed development, but would not be willing to act upon the conditions which relate to the affordable housing issue. He stated that this particular application will be setting a precedent for future applications dealing with affordable housing. He stated that all of the available information must be considered before a decision is made on this issue. He stated that he would like further information on the Coastal Commission rental requirements for the Bank of Newport and the affordable housing requirements on the McLain development. In response to a question posed by Chairman King, Mr. Burnham stated that the City can develop an agreement to give control over the administration of rental or "for- sale" restrictions to some other entity. He stated that the Planning Commission could approve the • project, with the condition that the Planning Commission approve the terms and conditions of the agreement pursuant to *which the two units will be provided and insured to be affordable over a period of time. He stated that the Planning Commission must determine the number of affordable units to be imposed upon the project at this time, but the controls and affordability issues can be determined at a later date. Mr. Burnham stated that he would prefer this course of action because there are only three to four jurisdictions in the State which are actively involved in requiring developers within the Coastal Zone to provide low and moderate income units pursuant to the Mello legislation. He stated that he can obtain copies of these agreements which will provide a consensus as to what the legislative bodies are requiring in terms of resales and controls. Mr. Burnham stated that the current City Policy P -1, does not require resale or rental controls. However, he stated that the formulation of such controls were not discarded by the City Council. He stated that this course of action will allow the Planning Commission the j I I I I time to study the impact of the resale and rental f restrictions, and the enforcement of same. -10- n x � r c _. m = m c ro 9 A Q m D J J mi m i N J MINUTES April 21, 1983 of Newport Beach INDEX Mr. Burnham stated that the provisions should be made self- enforcing through a recorded agreement, with a possible requirement that "for- sale" information be provided to the City staff which could be checked periodically against assessment records. Mr. Burnham stated that he would be reluctant to turn the controls over to the County Housing Authority. Mr. Burnham stated that should the Planning Commission approve the. project with the requirement of two affordable units, the approval should indicate that it is the Planning Commission's intent to require restrictions which would eliminate the possibility of windfall profits which would ensue from the affordable units. Commissioner Allen suggested that the Planning Commission hold a study session in the future to obtain • further information relating to affordable housing sites and vacant land within the City. She stated that this application will be setting a precedent for future affordable housing implementation by the City of Newport Beach. Commissioner Winburn referred to revised Conditions No. 5 and 7 on the Coastal Development Permit No. 1 and asked staff to determine the impacts of same. Planning Director Hewicker stated that the agreement, as suggested by the City Attorney, will be brought back before the Planning Commission at a later date, which will address the affordable housing, length of time, "for- sale" versus rental units, and enforcement of same. In response to a question posed by Commissioner Goff, Mr. Morgan explained the square footage of the units for the two Mello units and the square footage of the remaining units.. Commissioner Goff asked if the setback encroachments in the front of the units are being compensated for by additional parking space to the rear of the units. Mr. Morgan concurred and described the proposed parking 0 11111111 layout for the units. -11- COMMI55K)INtKS MINUTES . April 21, 1983 � x w. City of Newport Beach ROLL CALL INDEX. ENVIRONMENTAL IMPACT REPORT Motion X Motion was made for approval of the Environmental All Ayes X X X X X X X1 Impact Report, as follows, which MOTION CARRIED: 1. Approve the "Draft EIR, City of Newport Beach, "Seashore Townehomes" and supportive materials thereto; 2. Recommend that City Council certify that the Environmental Document is complete; 3. Direct staff to prepare a Statement of Facts and Statement of overriding Considerations; and 4. Make the findings listed below: FINDINGS: • 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State CEQA 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. Specific economic, social or other considerations. make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. The findings made in regards to approval of the Seashore Townehome project EIR apply also to the approval of Coastal Residential Development Permit No. 1, Amendment No. 585, Tentative Map of Tract No. 11906 • and Use Permit No. 3022. -12- m m 'cm > x a) m a IoJJ April 21, 1983 Beach MINUTES ROLL CALL I .1 1 1 1 1 1 I INDEX Motion IX Ir I6 I l l X X 11.°, X X X All Ayes C� TRAFFIC STUDY Motion was made for approval of the Traffic Study, subject to the following Findings, which MOTION CARRIED: FINDINGS: 1. That the Traffic Study has been prepared which analyzes the impact of the proposed project on the circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will not be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the critical intersections, and will not add to an unsatisfactory level of traffic service at critical intersection which will have an Intersection Capacity Utilization of greater than .90. 3. That the proposed project, including circulation system improvements, will neither cause nor make worse an unsatisfactory level of traffic service on any "major ", "primary- modified" or "primary" street. AMENDMENT NO. 585 Motion X Motion was made to adopt Resolution No. 1093, approving RES A11.Ayes X X X X X X Amendment No. 585 and recommending same to the City N0. Council for adoption, subject to the following Findings, which MOTION CARRIED: FINDINGS: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. • -13- cVnn/vam�t� MINUTES Substitute Motion was made for approval of Tentative April 21, 1983 � s Map of Tract No. 11906, subject to the Findings and m w City of Newport Beach ROLL CALL INDEX 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. Specific economic, social or other considerations make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. • TENTATIVE MAP OF TRACT NO. 11906 Motion X Motion was made for approval of the Tentative Map of Tract No. 11906, subject to the Findings and Conditions of Exhibit "A ". Chairman King suggested that Condition No. 38, relating to the 2.5 and 7.5 strips of land to be purchased by the applicant, be deleted. Mr. Webb stated that portions of the right -of -way which are being requested to be purchased, are owned in fee by the City. He stated that the Southern Pacific Land Company had granted the City fee rights to the right -of -way, not easement rights. He explained the setbacks of the proposed development and stated that since the City only owns the fee rights to the property, the City can not vacate the property. Therefore, he stated that right -of -way must be appraised and purchased by the applicant at the fair market value. He stated that deleting the condition, will not change the situation. Substitute Substitute Motion was made for approval of Tentative Motion Map of Tract No. 11906, subject to the Findings and Conditions of Exhibit "C ", which approves the project • with the landscape area replacing the road extension. -14- April 21, 1983 � s mc � m w. City of Newport Beach MINUTES INDEX Commissioner Balalis referred to Condition No. 50 and asked if the $70,000 contribution required of the developer will be utilized for the extension of Seashore Drive, or if additional funds will be needed for the extension. Mr. Webb stated that the City acquired the fee rights to the property with Gas Tax Funds. Therefore, if the property is to be utilized for park purposes, the Gas Tax Fund must be reimbursed the amount which was expended. He stated that this. amount will be determined in accordance with the State's procedures and guidelines for the expenditure of Gas Tax Funds. Commissioner Balalis asked how much money will be needed for the extension of Seashore Drive. He suggested that the applicant could be required to contribute to the future extension of Seashore Drive through either a cash contribution or the posting of a bond for a certain amount of money. Mr. Webb stated • that he does not have a dollar figure for the extension of Seashore Drive at this time. Commissioner Balalis stated that if Seashore Drive is not extended now, this will leave the option open for Seashore Drive to be extended in the future. Mr. Webb stated that the residents of the area should be allowed the opportunity to improve the circulation of the area now, rather than later. He stated that it would be difficult to arrive at a cost estimation for the future extension of Seashore Drive, because of cost of living escalation factors. Commissioner Balalis stated that escalation factors can be included in the posting of the bond. Mr. Webb stated that he would not feel comfortable with a park site at this location, because the City has enormous difficulty in constructing new streets, once a development is put in place. Commissioner Kurlander stated that he can not support the Substitute Motion, because the testimony received from the adjacent property owners indicates their desire for the street extension and the Fire Department is recommending the street extension. • 11111111 -15- .COMMISSIONERS MINUTES April 21, 1983 3 F m m m m y City of Newport Beach ROLL CALL INDEX Commissioner Allen stated that perhaps the emergency access problem could be resolved without making Seashore Drive a public street. She suggested that the landscaped area be moved to the sides and the paved strip for the pedestrian walkway/bicycle path be located in the center which would also be wide enough for emergency vehicle access. She stated that the paved strip could be sealed off with two posts and a chain. She stated that in this way, the emergency vehicles could still gain access to the area. Mr. Webb stated that the paved strip would have to be at least 26 feet wide, in order to allow for an emergency vehicle to be parked within the area and another emergency vehicle to pass and gain access. He stated that the Fire Department may consider such a proposal. Mr. Webb further stated that vehicles such as trash trucks will also have to gain access to the area. He also stated that there is the likelihood that • the posts and chain will be knocked down and the paved strip will then be utilized as a public street. Mr. Webb stated that the current residents on Seashore Drive encounter access problems in the area and that the 33rd Street intersection with West Balboa Boulevard has extremely poor sight distance. He referred to his memo dated April 20, 1983, and stated that Seashore Drive was changed to a one -way street by the City Council at the request of the West Newport residents. He stated that the one -way street system is working well. Substitute Commissioner Balalis withdrew his Substitute Motion. Motion I I I I I ( He stated that if the residents of Seashore Drive want Withdrawn a change, they can make a request to the City Council. Commissioner Goff referred to Finding No. 11 in Exhibit "A" for Tentative Tract of Map No. 11906 and stated that the proposed lots are not similar to existing lots in the area. He stated that he was concerned with the possible precedent setting indication that the proposed 4,500 square foot lots are similar to the existing • 2,375 square foot lots in the area. -16- � r c 5 c m m D am�xc�m- c April 21, 1983 of Newport Beach MINUTES INDEX Commissioner Goff stated that the Zoning Code requires 5,000 square feet for interior lots and 6,000 square feet for corner lots. He stated that the surrounding area has been previously over - developed at an average of 2,375 square feet per lot. He stated that because of the irregular shape of the property and the dedications which are being required of the applicant, he can understand that lots of 5,000 to 6,000 square are impossible for this particular piece of property. He stated that it should be made clear that the area can not continue to be over - developed, just because it has been over - developed in the past. Planning Director Hewicker suggested that Finding No. 11 could be worded as follows, "That the area, width and depth of the lot included in the subdivision are reasonable considering the irregular shape of the subject property." Commissioner Goff concurred with Amendment X the proposed language. Commissioner McLaughlin . accepted the proposed language as an amendment to her original motion. Amendment x Commissioner McLaughlin amended her motion to include the additional condition as suggested in the Public Works Department memo dated April 20, 1983. The additional condition would read as follows, "That a raised median be installed in Balboa Boulevard between 32nd Street and the shopping center drive. The design is to be approved by the Public Works Department." Mr. Burnham suggested an additional condition which would require that the developer either dedicate land or pay in -lieu fees in accordance with the provisions Amendment 2 of the Park Dedication Ordinance. Commissioner McLaughlin accepted this as an amendment to her original motion. All Ayes I J 11 XIXJXIXI Amended Motion made by Commissioner McLaughlin for I I approval of Tentative Map of Tract No. 11906, was now voted on as follows, which AMENDED 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. -17- � r c c m m D o m x 0 _ April 21, 1983 ,MINUTES of Newport Beach ROLLCALLI III Jill I INDEX _ 2. That the proposed subdivision presents no problems from a planning standpoint. 3. That the site is physically suitable for the development proposed. 4. That the site is physically suitable for the proposed density of development. S. That an Environmental Document has been prepared in compliance with the California Environmental Quality Act, and that their contents have- been considered in the decisions on this project. 6. That based on the information contained in the Draft EIR, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in significant • environmental impacts. 7. That the design of the subdivision or the proposed improvements will not substantially and avoidably injure fish or wildlife or their habitat. 8. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 9. 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. 10. 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. 11. That the area, width and depth of the lots included in the subdivision are reasonable . considering the irregular shape of the subject property. -18- COMNVSW)NLF5 MINUTES April 21, 1983 3 F � r c w � m m m w City of New Beach ROLL CALL I INDEX CONDITIONS: (TENTATIVE MAP OF TRACT NO. 11906) 1. That a final map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That no trees be planted within the public utility. easement without prior review and approval of the Public Works Department. 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 intersection of all drives be designed to • provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the City Traffic Engineer. 6. That a standard subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the street improvements, if it is desired to obtain a building.permit or record the tract map prior to completion of the public improvements. 7. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 8. That all work within the public right -of -way be completed under an encroachment permit issued by the Public Works Department. I I j I I I 9. Development of the site shall be subject to a • I grading permit to be approved by the Building and Planning Departments. -19- COMMISSIONERS 3 MINUTES April 21, 198 � r c m � m m City of Newport Beach ROLLCALLI III III INDEX • • 10. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 11. The grading permit shall' include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 12. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 13. The velocity of concentrated run -off from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 15. 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). 16. The landscape plan shall be subject to the review of the Public Works Department, Parks, Beaches and Recreation Department and approval of the Planning Department. 17. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. -20- April 21, 1983 3 x City of Newport Beach 18. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 19. The landscape plan shall place heavy emphasis on fire - retardant vegetation. 20. Street trees shall be provided along the public streets in the front yard setback area as a part of the landscape plan and shall be approved by the Public Works Department and the Parks, Beaches and Recreation Department. 21. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be .regularly trimmed and kept in a healthy condition. 22. Prior to issuance of any building permits • authorized by the approval of this project, the applicant shall deposit with the City Finance Director the sum proportional to the percentage of future additional traffic related to the project in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport Area. 23. That prior to the occupancy of any unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from Balboa Boulevard on the project :does not exceed 65 db CNEL for outside living areas and the requirements of law for interior spaces (for future winter traffic conditions). 24. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 25. The Fire Department access shall be approved by the Fire Department. i . -21- MINUTES INDEX COMAMSSIONERS MINUTES April 21, 1983 � r c m � W City of Newport Beach ROLL CALL INDEX 26. That all on -site fire protection (hydrants and Fire Department connections) shall be approved by the Fire-and Public Works Departments. 27. Prior to the occupancy of any buildings, a program for the sorting of recyclable material form other solid wastes shall be developed and approved by the Planning Department. 28. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordance with the City's Council Policies K -5 and K -6. 29. The project should be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Sub- chapter 4 of the California Administrative Code dealing with energy requirements. • 30. The project shall investigate the use of alternative energy sources (i.e. solar) and to the maximum extent economically feasible incorporate the use of said in project designs. 31. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 32. Any construction on the site should be done in accordance with the height restriction of said should apply to any landscape materials, signs, flags, etc. as well as structures. 33. That a 10 foot radius corner cutoff at the corner of 31st Street and Balboa Boulevard be dedicated to the public. 34. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 35. That a hydrology and hydraulic study be prepared and approved by the Public Works Department, along With a master plan of water, sewer and storm drain • facilities for the on -site improvements prior to the recording of the final map. Any modifications -22- COMNNSSIONERS MINUTES April 21, 1983 � r c m m City of Newport Beach ROLL CALL INDEX or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 36. That full roadway improvements be constructed along both sides of Seashore Drive, and that Seashore Drive have a 33 foot curb to curb width with a 10' wide sidewalk along the northerly side of the roadway and a 13 foot wide sidewalk along the southerly side of the roadway. On the southeast corner of Seashore Drive at 32nd Street the sidewalk may be tapered to 11 feet in order to provide a 2 foot clearance from the adjacent structure. 37. That full roadway improvements be constructed along the 32nd Street frontage and that the 32nd Street extension have a 37' curb to curb width • with a 10 foot sidewalk along the westerly side of the roadway and a 13 foot sidewalk along the easterly side of the roadway. Traffic signal modifications at the intersection of Balboa Boulevard and 32nd Street shall be included in the 32nd Street improvements. 38. That the existing 32nd Street right -of -way (a 2.5 foot strip of land on the easterly side of 32nd Street and the southerly curb returns located at the intersection of 32nd Street and Balboa) owned in fee by the City be purchased by the developer at fair market value prior to recordation of the final tract map, and that the existing excess 32nd Street easement (7.5 foot strip of land on the westerly side of 32nd Street) be vacated to the adjacent property owners prior to the recordation of the final tract 'map and that any public facilities in the areas to be purchased or vacated be relocated into the public right -of -way by the developer. 39. That 20 foot wide alleys be dedicated to the City between 31st Street and 32nd Street and between 32nd Street and 33rd Street and that the alleys be improved to City standards. • -23- April 21, 1983 MINUTES i z ro � m a m ° H City of Newport Beach INDEX 40. That all vehicular access to the lots be from the adjacent alleys. 41. That 5 foot wide P.C.C. sidewalk be constructed along Balboa Boulevard from 31st Street to 32nd Street and widened to 5 feet where 4 foot sidewalks presently exist and that access ramps be provided at the corner of 31st Street and Balboa Boulevard at the southwesterly corner of 32nd Street and Balboa Boulevard. 42. That Seashore Drive (56 feet in width), 32nd Street (60 feet in width) and the alleys (20.feet in width) between 31st Street and 32nd Street and the alleys between 32nd Street and 33rd Street be dedicated to the City. 43. That a raised median be installed in Balboa Boulevard between 32nd Street and the shopping • center drive. The design is to be approved by the Public works Department. 44. That the developer shall either dedicate land or pay in -lieu fees in accordance with the provisions of the Park Dedication Ordinance. USE PERMIT NO. 3022 In response to a question posed by Commissioner McLaughlin, Mr. Talarico stated that Condition No. 7 on the use permit relating to the double pane windows, could be deleted and replaced with Condition No. 23 of the tentative tract, which allows for an acoustical engineer to determine the noise impact. Motion JJXJJ Motion was made for approval of Use Permit No. 3022, All Ayes X X X X subject to the Findings and Conditions of Exhibit "A ", replacing Condition No. 7 with Condition No. 23 of the tentative tract, which MOTION CARRIED, as follows: FINDINGS: • 1. That each of the proposed units has been designed as a condominium with separate and individual utility connections. -24- MINUTES April 21, 1983 � r c m � m City of Newport Beach INDEX 2. The project will 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, or as modified by the Planning Commission in conjunction with this approval. 4. The project is consistent with the adopted goals and policies of the General Plan. 5. That adequate on -site parking spaces are available for the proposed residential condominium development. 6. The establishment, maintenance or operation of the . use of 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. 7. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 8. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 9. That the establishment, maintenance of operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general • ( I I { welfare of the City, and further that the proposed I modifications so as to allow minor building -25- April 21, 1983 MINUTES n x � r c N. City of Newport Beach INDEX encroachments into required front and side yard setback areas are consistent with the legislative intent of Title 20. of the Municipal Code. 10. The Police Department has indicated that it does not contemplate any problems. 11. Adequate off- street parking and related vehicular circulation are.being provided in conjunction with the proposed development. CONDITIONS: 1. That development shall be in substantial I conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all mechanical equipment and trash areas • shall be screened from Seashore Drive and west Balboa Boulevard and adjoining properties. 3. That all construction employees shall park their vehicles on -site. 4. That all applicable conditions of Tentative Tract No. 11906 be fulfilled. 5. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 6. That the on -site vehicular and pedestrian circulation system be approved by the City Traffic Engineer. 7. That prior to the occupancy of any unit a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from Balboa Boulevard on the project does not exceed 65 db CNEL for' outside • living areas and the requirements of law for interior spaces (for future winter traffic conditions). -26- COMMiSSICNVERS MINUTES April 21, 1983 m � m m m City of Newport Beach ROLL CALL I I I I I I I INDEX 8. Mechanical ventilation equipment shall be required for all units located within the 65dB to 57dB CNEL zone. 9. Prior to the issuance of building permits for each of the planned units, an acoustical engineering study shall be performed, based on actual pad, property and roadway grades and building locations and orientations to assure that the exterior building shells of each structure will be sufficient to reduce existing and future noise levels to an acceptable intensity. 10. To lessen or eliminate glare impacts to project residences from oncoming vehicles, affected window areas shall be properly tinted to refract glare to the satisfaction of the Planning and Building Departments. • 11. Prior to the occupancy of any unit, the visual impact of glare from headlights to the existing residences from the proposed Seashore Drive extension and to project units fronting on West Balboa Boulevard shall be mitigated in a manner approved by the Planning and Public Works Departments. 12. Fencing or other effective barriers shall be used in order to discourage access through potentially dangerous construction zones on the site in a manner approved by the Planning and Building Departments. 13. The Planning and Building Departments shall approve a construction schedule for the proposed project. 14. That open parking spaces with direct access from a public alley shall have a minimum average depth of 17.5. feet from the rear property lines. Said parking spaces shall be designated for compact cars only and appropriately identified, subject to the Planning Director's approval. 15. That garage doors adjacent to open parking areas • as described in Condition No. 14 above shall be roll -up or other type approved by the City Traffic Engineer. -27- April 21, 1983 m y. City of Newport Beach COASTAL DEVELOPMENT PERMIT NO. 1 MINUTES In response to a question posed by Chairman King, Mr. Burnham suggested that the Planning Commission approve this item subject to the Conditions No. 1, 2, 3 and 8 of Exhibit "A ". He suggested that Condition No. 3 could be modified to read, "That the affordable nature of the units shall be guaranteed for a specified period of time as provided in a written agreement adopted pursuant to Council Policy P -1. Said written agreement shall be brought back for Planning Commission review and approval." Motion X Motion was made for approval of Coastal Development All Ayes 2 X X X X X X Permit No. 1, subject to the above recommended changes as stated by the City Attorney, which MOTION CARRIED, as follows: FINDINGS: • 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. n ICJ 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. Specific economic, social or other considerations make infeasible any other potential mitigation measures or alternative to the proposed project. 4. That the mitigation measures have been incorporated into the proposed project and are expressed as conditions of approval. 5. That based upon the information presented to the City, if seventeen (17) units were to be developed on -site, two (2) affordable units could be provided on -site. -28- nk 91 m � a c m M 7C 0 m D me April 21, 1983 of Newport Beach MINUTES ROLL CALL 11 1 I III I I INDEX 6. That based upon the information presented to the City, if seventeen (17) units were to be developed on -site their would be no social, technical, environment or related problem associated with the provision of two (2) of said units as affordable housing units. 7. That based upon the information presented to the City,.if seventeen (17) units were to be developed on -site, two (2) units could be provided as affordable housing units and allow a reasonable return on investment. 8. That development on this. site is not exempt from the provisions of State law relative to low and moderate income housing units within the coastal zone. 9. That the approval of this permit shall advise this applicant and any successor in interest that the provision of affordable housing units on this site is feasible and needs to be assumed in any sale, lease, trade or other use of said property. 10. That it is not necessary to provide affordable housing related to this application on another site. CONDITIONS: 1. A minimum of ten (109) percent of the units to be developed on this site shall be "affordable units" as defined by the Government Code and City Policy P -1 at the time of occupancy. 2. That prior to the issuance of any grading and or building permits for development of the site, an agreement shall be executed that guarantees the provisions of "affordable units" on -site in a manner and in a reasonable timeframe related to the construction of other units onsite. said agreement shall be acceptable to the Planning 1 1 1 1 1 1 1 1 Director and the City Attorney's Office. -29- f` m m April 21, 1983 of Newport Beach MINUTES INDEX 3. That the affordable nature of the units shall be guaranteed for a specified period of time as provided in a written agreement adopted pursuant to Council Policy P -1. Said written agreement shall be brought back for Planning Commission . review and approval. 4. That in order to reduce any adverse environmental effects of development of this site, preference in the rental or sale of the "affordable units" shall be given to those persons employed in the City of Newport Beach or residents of the City of Newport Beach in a manner to be approved by the City Planning Director and City Attorney. • I' I I I� I I � a The Planning Commission recessed at 9:10 p.m. and reconvened at 9:25 p.m. • 11111111 -30- MINUTES April 21, 1983 m W m m ° y. City of Newport Beach Request to amend a previously approved use permit which allowed the establishment of a delicatessen - restaurant facility with on -sale beer and wine in the C -1 District so as to allow the expansion of the existing "net public area" and food preparation area, and the construction of a new storage area and related office space. The proposal also includes a modification to the Zoning Code so as to allow the use of tandem parking spaces with valet service for a portion of the required off - street parking. The proposal also includes a modification to the Municipal Code so as to allow a portion of the required off - street parking spaces to encroach 4 feet, and a portion of a proposed landscape planter to encroach 10 feet into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Lot 1, Block B, Tract No. 470, a portion of Lot 10, Block 730, Corona del Mar Tract and a portion of an abandoned • alley, located at 2407 East Coast Highway on the southeasterly corner of East Coast Highway and Begonia Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Helmut Reiss, Corona del Mar OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Jack Weston, the architect for the project, appeared before the Commission. Mr. Weston stated that the applicant has proposed measures which will mitigate the concerns expressed by the surrounding neighbors. He stated that the applicant had invited the neighbors to the restaurant to discuss the proposed project, but none of the neighbors were able to attend the meeting. Mr. Weston stated that the applicant is requesting the closing hour of 10:00 p.m. which is in conformance with other restaurants in the area. He explained the new parking lot design and stated that the new parking lot • will be secured with a combination of brick walls and wrought iron gates and shall be locked during_ non - business hours. -31- INDEX Item #6 USE PERMIT No. 1851 (Amended) APPROVED CONDI- TIONALLY COMMdSS1ONERS � r c MINUTES April 21, 1983 City of Newport Beach ROLL CALL INDEX Mr. Weston stated that the parking spaces adjacent to the public alley will be designated for employee parking. He further stated that trash dumping from the restaurant will occur during mid -day or afternoon hours and that commercial trash pick -up will not occur before 9:00 a.m. in the morning. He stated that even with the proposed expansion, the restaurant will remain one of the smallest restaurants in the area which will be providing the most parking area, considering the limited seating capacity of the restaurant. Planning Director Hewicker suggested that the five employee parking spaces be located within the gated area. Mr. Weston stated that this would be a feasible idea. Chairman King stated that locating the employee parking within the gated area guarantees the parking spaces, whereas there are no controls in locating the employee parking adjacent to the alley. In response to a question posed by Commissioner Goff, • Mr. Weston stated that the restaurant currently staffs six employees. He stated that the proposed expansion will not increase the number of employees. Mrs. Lyla Crespin, resident of 707 Begonia Avenue, and representing residents of 705, 706 and 707' Begonia Avenue, appeared before the Commission. Mrs. Crespin stated that the residents of the area were never notified of the meeting which was arranged by the applicant. She distributed photographs which depicted the existing restaurant parking lot and the street parking. She stated that the employees of the restaurant currently park their vehicles on the street, not in the restaurant parking lot. Mrs. Crespin stated that the proposed expansion will negatively impact the surrounding area. She expressed their concerns relating to the increase of traffic in the alley, the use of the valet parking service, the extension of the closing time, and an increase in noise and vehicle exhaust pollution. Mr. Emil Crespin, resident of 707 Begonia Avenue, stated that the applicant should be required to operate the restaurant under the conditions of the existing use • permit. He further stated that the area currently experiences parking problems. -32- � r c o m 0 7C ,n y D • • MINUTES April 21, 1983 of Newport Beach Commissioner Goff asked the applicant how notification of the neighborhood meeting was given. Mr. Helmut Reiss, the applicant, submitted to the Commission the invitation for a complimentary luncheon at the restaurant, which was distributed to residents of the area. He stated that Mr. Richard Barron, resident of 709 Begonia Avenue, distributed 20 copies of the invitation to the residents of the area. He stated that none of the residents attended the meeting and that he received no telephone calls relating to the proposed expansion. Mr. Reiss stated that when he applied for the original use permit in 1977, the City discussed the removal of the existing storage building located in the parking lot. He also stated that the Health Department has requested that the storage building be removed. He stated that if the storage building is to be removed, the restaurant will need additional storage space which is being requested by this application. Mr. Reiss further stated that locating the employee parking spaces within the gated area would be acceptable. Planning Director Hewicker asked when the County Health Department requested that the existing storage building be removed. Mr. Reiss stated that the County Health Department has stated that the restaurant and storage areas should be located under one roof on the premises, not in detached buildings. He stated that when the Health Department inspectors have visited the site, they have expressed this concern. Commissioner Allen noted that Mr. Barron, the gentlemen who was to have distributed the invitations to the neighbors, was not in attendance of the meeting. She stated that the applicant should have followed up with the residents to find out why none of them attended the luncheon. Mr. Reiss stated that the invitations were distributed because one' of the neighbors during the week had made a comment about the free luncheon offer. -33- INDEX � x � r c c m N Y April 21, 1983 of Newport Beach MINUTES R O L L CALL X 1 1 1 J i l l I INDEX Commissioner Goff suggested that in the event this application were to be approved, that an additional condition be imposed which would require that the Modifications Committee shall review the application in one (1) year to ensure conformance with the conditions of approval. Mr. Reiss stated that this would be agreeable and that he would be working with the residents of the area to resolve any problems which may occur. Commissioner Balalis stated that he was a member of the Planning Commission when the original use permit was_ approved. He stated that at that time, the Modifications Committee was to review the item in two years._ He stated that the problems have apparently occurred since the Modification Committee review of the item. He suggested that this item should be consistently reviewed, in order to ensure compliance with the conditions of approval., Commissioner Goff concurred. • Chairman King noted that since this is an application for a use permit, if any violations should occur, the City could initiate revocation proceedings. He stated that it will be the responsibility of the applicant to ensure that all of the conditions of approval are met. Mr. Robert Burnham, City Attorney, concurred. Commissioner Balalis stated that he realizes that the applicant has not complied with the conditions of the original use permit. However, he stated that the proposed parking lot design will help to alleviate some of the parking problems in the area. Motion X Motion was made for approval of Use Permit No. 1851 (Amended), subject to the Findings and Conditions of Exhibit "A ", with the following revisions: Condition No. 5 to state that all restaurant employees.shall park their vehicles on -site, with no exceptions; and an additional condition which will require that the use permit be reviewed by the Planning Commission in one (1) year. In response to a question posed by Commissioner Kurlander, Planning Director Hewicker referred to Condition No. 12 and stated that all restaurant . property six feet in from the existing alley would be secured by a wall or wrought iron gate. -34- 3 X � c m " m c m x m D z April 21, 1983 Beach MINUTES . ROLLCALLI 11 Jill I IINDEX _ All Ayes 1 4 A xlxlxlx • C�1 In response to a Planning Director will be required space. question posed Hewicker stated to provide one by Chairman King, that the applicant handicapped parking In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the applicant would not have to pay a fee for the City review which would occur in one year. Commissioner Allen stated that she will be supporting the motion for approval, because the applicant will have to appear before the Planning Commission in one year, which will help to ensure strict compliance with the conditions of approval. Motion for approval as revised by Commissioner Balalis, was now voted on, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The proposed restaurant will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided for the proposed restaurant use. 5. That the proposed compact car spaces are in excess of the required number of off - street parking spaces for the restaurant. 6. The proposed use of tandem spaces, and.a valet parking service 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 -35- COMNNSSKPubtK�o MINUTES April 21, 1983 ro m m City of Newport Beach ROLL CALL J= I 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. 7. The approval of Use Permit No. 1851 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing . and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plans, except as noted below. • I ( I I I ( 2. That valet parking service be provided at all times during the restaurant's hours of operation. 3. That all mechanical equipment and trash areas shall be screened from Begonia Avenue and East Coast Highway and from adjoining properties. 4. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 5. That all restaurant employees shall park their vehicles on -site, with no exceptions. Parking Spaces No. 18 -22 (adjacent to the alley) shall be specifically reserved for employee parking. 6. That a minimum of one parking space for each 40 sq.ft. of "net public area" within the restaurant facility and one parking space for each 250 sq.ft. of retail floor area shall be provided on -site. 7. That Parking Spaces No. 23 and 24 shown on the submitted plans shall be deleted from the parking • plan. -36- ROLL CALL MMISSIONERS MINUTES April 21, 1983 w � m y. City of Newport Beach 8. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department,, and the approval of the Planning Department. 9. That any proposed landscaping adjacent to the public right -of -way be approved by the Public Works Department. 10. That the proposed landscaping located within the 10 foot rear yard setback shall not exceed a height of 24 inches. 11. That the restaurant facility shall remain closed after 10:00 p.m. and before 10:00 a.m. 12. That the parking lot, to. within 6 feet of the existing alley, shall be secured with a combination of walls and wrought iron gates during non- business hours. • 13. That a parcel map be submitted for processing and recordation to combine the parcels into one building site. 14. That all improvements be constructed as required by ordinance and the Public Works Department. 15. That a 10 foot radius corner cutoff at the corner of East Coast Highway and Begonia Avenue- be dedicated to the public prior to the issuance of building permits and that an encroachment permit be obtained from the Public Works Department for the existing sign located within the corner cutoff area. 16. That approval of the original Use Permit No.1851 shall become null and void in conjunction with the approval of this application. 17. The dumping of trash from the restaurant facility into- the proposed dumpster and commercial trash pick -up 'on the site shall only occur between the hours of 9:00 a.m. and 6:00 p.m. 18. That this approval shall be reviewed by the . Planning Commission in one (1) year to ensure conformance with the conditions of approval.. -37- INDEX COMMISSIONERS April 21, 1983 MINUTES � � c m IA m 5 o 1 � . City of Newport Beach ROLL CALL INDEX Traffic Study (Public Hearing) Items No. 7, 8. and 9 Request to consider a Traffic Study in conjunction with J a 45,000 sq. ft. addition to the YMCA facility. AND Variance No. 1098 (Public Hearing) Request to allow a portion of the proposed addition to the Orange Coast YMCA to exceed the maximum allowable height in the 24/28 Foot Height Limitation District. LOCATION: Parcel No. 1 of Parcel Map No. 3 -35 (Resubdivision No. 215) located at 2300 University Drive, on the northerly side of University Drive, easterly of Tustin Avenue in the West Bay area. ZONE: APPLICANT: 0 1 1 1 1 1 1 1 1 OWNER. R -1 Orange Coast YMCA, Newport Beach Same as applicant IsID Use Permit No. 1128 (Amended) (Public Hearing) ALL Request to amend a previously approved use permit that CONTINUED permitted the establishment of a YMCA facility in the TO MAY R -1 District. The proposed amendment is a request to 5, 1983 construct a 45,000 ± sq. ft, addition that includes youth and family fitness facilities, a gymnastics center, a child care center, offices, a community meeting center and an illuminated roof top jogging /exercise area. The proposal also includes a modification to the Zoning Code so as to allow a portion of the proposed building, an enclosed trash • area, and a 6 foot wall to encroach into the required 20 foot front yard setback, a portion of the required parking spaces to be compact spaces, and to allow a wall mounted identification sign in excess of 2 sq. ft.; and the acceptance of an environmental document. Variance No. 1098 (Public Hearing) Request to allow a portion of the proposed addition to the Orange Coast YMCA to exceed the maximum allowable height in the 24/28 Foot Height Limitation District. LOCATION: Parcel No. 1 of Parcel Map No. 3 -35 (Resubdivision No. 215) located at 2300 University Drive, on the northerly side of University Drive, easterly of Tustin Avenue in the West Bay area. ZONE: APPLICANT: 0 1 1 1 1 1 1 1 1 OWNER. R -1 Orange Coast YMCA, Newport Beach Same as applicant IsID 7 G) m D m m > > m y � MINUTES April 21, 1983 n 7C � c m � m cm of Newport Beach INDEX Agenda Items No. 7, 8 and 9 were heard concurrently, due to their relationship. The public hearing opened in connection with these items and Mr. James de Boom, Executive Director for the Orange Coast YMCA, and resident of Newport Beach, appeared before the Commission. Mr. de Boom delivered a slide presentation which depicted the various programs which are offered by the Orange Coast-YMCA. Mr. de Boom stated that the current facility contains approximately 16,000 square feet which services approximately 13,000 persons. He stated that the objective of the proposed expansion is to provide additional space to serve its current members more adequately. He stated that he has the following questions on several of the conditions listed in Exhibit "A" for the use permit approval: • Mr. de Boom referred to Condition No. 7, relating to the vehicular access to be provided to the existing storm drain easement access road, and asked if the existing parking spaces at this location will be lost. Mr. Donald Webb, City Engineer, stated that vehicular access to the storm drain is needed for maintenance purposes, but that the existing parking spaces would not be lost. Mr. de Boom referred to Condition No. 6, relating to the replacement of the deteriorated drive apron, and stated that they feel that the responsibility lies with Equidon which utilized heavy equipment on the driveway. Mr. Webb stated that the Public Works Department .does not care who replaces the drive apron and gutter, as long as it gets replaced. Mr. de Boom referred to Condition No. 25, relating to the fire suppression systems, and asked what agency has control over the sprinkler system. Planning Director Hewicker stated that the Fire Department has authority over the fire suppression systems to be utilized. Mr.. de Boom referred to Condition No.' 33, which prohibits nighttime lighting on the running track/ exercise area, and stated that they are desirous of installing knee -high walkway lights around the inside of the track. -39- � x r c m � CO D April 21, 1983 of Newport Beach MINUTES R O L L CALL 1 1 I I 1 1 1 1 I INDEX U Mr. de Boom stated that they would like to be able to utilize the track area until 10:00 p.m., at the latest. Planning Director Hewicker stated that the staff was concerned with the close proximity of the track area to the surrounding residential area and the impacts which the nighttime use of the track area may have upon the surrounding residential area. Chairman King asked if it would be possible to pattern the lighting on the track to not extend above the parapet wall. Planning Director Hewicker stated that even if the lighting is patterned in such a manner, there will still be activity on the track during the evening hours, which may be offensive to the surrounding residential area. Planning Director Hewicker stated that during the summer months, it remains light until 9:00 p.m. He stated that during the winter months,,it gets dark much earlier and is much colder. Therefore, he stated that the seasons can dictate how late in the evening the track can be utilized, rather than installing nighttime lighting. Mr. de Boom stated that the airport officials have requested that a soft red light be installed on the top of the roof. Planning Director Hewicker stated an aircraft warning light would be acceptable. Mr. de Boom referred to Condition No. 34, prohibiting an amplified paging system in any outdoor area, and asked if a portable public address system would be allowed for the Saturday morning swim meets and during the evening in the campfire circle. Planning Director Hewicker stated that Condition No. 34 could be modified to read, "That no permanent amplified paging systems shall be permitted in any outdoor area on the subject property." Mr. de Boom referred to Condition No. 36, relating to program monitoring of the proposed facility, and suggested that the following wording be inserted in the last sentence, "the programs shall be modified by the YMCA in a manner approved by the Planning Department." Planning Director Hewicker stated that it is not the Planning Department's intent to modify the programs of the YMCA. Im MINUTES April 21, 1983 r ro � m. " City of Newport Beach INDEX Mr. de Boom referred to Page 4 of the staff report which addresses . inconsistencies with the approved conditions of approval in conjunction with the existing development. He stated that the masonry wall adjacent to the Anniversary Lane tract was constructed in 1968 and was approved by a City inspector. He stated that the outdoor basketball court and playground is enclosed by a 10 foot high fence, rather than a 5 foot high fence. He stated that the revolving doors to the pool and the weather dome are stored in the outdoor storage area. Chairman King stated that this area would be replaced by the proposed expansion. Mr. de Boom stated that the 4 foot high light standards were continually being destroyed by children on bicycles. He stated that over a year ago, two of the YMCA volunteers installed the higher light standards for safety and security purposes for the members. • Mr. de Boom referred to Condition No. 29, relating to the lighting system, and stated that they will comply with said condition. He stated that they are also willing to comply with the landscaping conditions which have been recommended in the staff report. In response to a question posed by Chairman King, Mr. de Boom stated that the four foot high light standards have been unwired and would be removed for the proposed expansion. Commissioner Balalis asked Mr. de Boom if the YMCA has considered using satelite facilities within the community, rather than combining the programs into one facility. Mr. de Boom stated that they have considered the satelite concept, but the costs involving land, additional facilities and staff have not proven feasible. Commissioner Balalis stated that the area located around the OASIS facility or the Corona del Mar Elementary School site would be ideal for offering the programs of the YMCA. Mr. de Boom stated that they have explored the Corona del Mar Elementary School site, but .there does not appear to be sufficient . community support, financially or program wise, to support the operation of a YMCA extension at this location. -41- CALL w m '— � m Ci c m > >c Ct . 7 7 10 -. W 7 April 21, 1983 of Newport Beach MINUTES INDEX Mr. de Boom stated that the YMCA offers on -site fitness programs for the employees at the Ford Aeronutronics complex and, swimming instructions at apartment complexes within the community. He stated that the Orange Coast YMCA members are equally split between Newport Beach and Costa Mesa residents, with the balance of the members who are employed in the airport area and reside in various cities. In response to a question posed by Commissioner Balalis, Mr. de Boom stated that the facility is generally utilized by the following groups of persons during a typical day: 6:00 a.m. to 9:00 a.m. - working adults; 9:00 a.m. to noon housewives and senior citizens; noon to 1:30 p.m. local businessmen; late afternoon - children; 5:00 to 7:00 p.m. - working adults; and, 7:00 p.m. to 10:00 p.m. - local residents. In response to a question posed by Commissioner Balalis, Mr. de Boom stated that the running track will • be constructed with an artificial surface over lightweight concrete, which will help to eliminate the noise. Commissioner McLaughlin stated that she is concerned with the noise which will be generated by the persons utilizing the running track, not necessarily the noise of the running surface. In response to a question posed by Commissioner McLaughlin, Mr. de Boom stated that the Corona del Mar Elementary School site was considered for latch key children, but there was not sufficient interest to support an after - school program at this location. Commissioner Goff stated that since the running track could be utilized until 9:00 p.m. during the summer months without the benefit of illumination, he asked if the adjoining residents would find it acceptable to illuminate the running track until 9:00 P.M. during the winter months. Chairman King suggested that perhaps recessed lighting could be installed in the parapet wall on the running track which may not be offensive.to the surrounding residents. -42- Mr. de Boom referred to a model of the requested 40 11111111 development which depicted the proposed layout. -42- • • April 21, 1983 3 x � r c m - W m m w City of Newport Beach Commissioner McLaughlin asked Mr. de Boom if they had considered placing a portion of the facility underground or lowering the facility so as not to exceed the maximum allowable height. Mr. de Boom stated that this concept had been discussed, however the costs of the project would increase because of the amount of soil excavation which would be necessary. Chairman King stated that because the project would be developed with donations and matching grant funds, the applicant is trying to keep the costs at a minimum. Mr. Raleigh Pusard, resident of 2139 Anniversary Lane and retired Director of the YMCA, appeared before the Commission. He stated that the YMCA operates from program memberships, community. funds and donations. He stated that the National YMCA has stringent regulations for their professionally trained and college educated staff members. He stated that important income is derived from adult physical education.memberships. He stated that the proposed development is needed in order to,more adequately serve the members of the community. He stated that the concerns of the surrounding residents and the concerns which have been expressed, can be resolved. Commissioner Winburn asked if the wall, adjacent to the Anniversary Lane tract, which was constructed originally 1968, was constructed at the minimum height, rather than 5 feet in height because of a lack of funds. Mr. Pusard stated that funds were lacking in 1968, but that the residents of the area worked with the YMCA in resolving the problems which arose. MINUTES Mr. John Shear, resident of 2128 Mesa Drive, suggested that the handball court be constructed underground. He stated that a variance to exceed the height is not warranted because of the lack of funds. He stated that the proposed development can be cut down in size and still accommodate the needs of the facility. He stated that the blinking pacing light on the running track are objectionable and that an amplified paging system should not be allowed during the evening hours. He also expressed his concern that the proposed_ development may warrant the expansion of University Drive in the future. -43- INDEX MINUTES April 21, 1983 K ro m m m N. City of Newport Beach INDEX Chairman King stated that pacing lights which he has observed at other facilities are not noticeable, until the runner himself approaches the light. Ms. Margaret Polson, resident of the Four Fours Condominium Association, and out -going President of the Association, appeared before the Commission. Ms. Polson stated that the members of the Association are not fully aware of the impacts of the proposed development. She expressed their concerns relating to the proposed lighting, pacing lights, landscaping, noise, traffic, and the general impacts upon the community. She requested that this item be continued so that the members of the Association can become more familiar with the proposed development. Ms. Polson stated that the YMCA delivered a presentation to the Four Fours Association last week, but not all members of the Association were in • attendance for the presentation. Chairman King asked if it would be possible to locate the pacing lights in the parapet walls. Planning Director Hewicker stated that the only enclosure of the parapet walls is in the corners, with an open railing in between. Mr. Dave Lorenzini, the architect for the project, stated that the parapet wall will be located approximately 18 to 24 inches above the surface of the running track, which can accommodate the proposed walkway lighting. He stated that the pacing lights utilize very low voltage and because of the height of the building, the adjacent residents would not be able to see the lights. Chairman King stated that lenses of the pacing lights are similar to traffic lights, which can not be seen unless a person is viewing them from a head on position, rather than a side angle. Mr. Lorenzini stated that the pacing lights do not flash and are not bright. He stated that the pacing lights are covered with colored lenses as described by Chairman King. -44- • April 21, 1983 � c m � m City of Newport Beach In response to a question posed by Commissioner Goff, Mr. Lorenzini further explained the design of the parapet walla Mr. Lorenzini stated that the intent is to keep the height of the parapet wall as low as possible, in order to keep the bulk of the building as low as possible. He stated that the lights will be located in the sidewall of the parapet wall. He stated that only the open railing will be above the parapet wall. He stated that the lights will be installed to only 18 inches above the running surface. He stated that the walkway lights will only cast a glow upon the running surface and will not be visible from adjoining residents. Ms. Cynthia Brown, resident of 2275 Golden Circle, located directly behind the YMCA, appeared before the Commission. Ms. Brown stated that she was opposed to lighting which was requested at the 1978 hearing on this matter. However, she stated that the lighting was installed and it is very objectionable to her. She expressed her concerns relating to the trash which is deposited upon her property, the loudspeakers which are utilized and the maintenance of the landscaping. She stated that the mass of the proposed development is objectionable and that she is opposed to the height limit being exceeded. Chairman King stated that one of the suggestions is that the parking lot be closed off when the facility is closed, so that unauthorized persons can not gain access to the parking lot. Commissioner Balalis stated that increasing the height of the wall may be helpful to the adjacent residents. He also stated that landscaping conditions are being proposed for the facility. Ms. Brown stated that the higher the wall is built, the more the sun is blocked from her property. In response to a question posed by Commissioner Allen, Ms. Brown stated that she realizes that the light source from the light standards can be concealed, however, Ms. Brown stated that she is opposed to the illumination which is generated from the parking lot lighting. -45- MINUTES INDEX COMN5ICAVtltS � x r c m � m db =02 w. MINUTES April 21, 1983 City of Newport Beach ROLL CALL INDEX Ms. Martha Durkee, resident of 20311 Cypress Street and President of the Back Bay Association, appeared before the Commission, and stated that the members of the Back Bay Association were never informed of the YMCA proposal. Ms. Durkee stated that they are in favor of development of the YMCA. However, she stated that they are concerned with the following: the noise generated from the amplified speakers, the maintenance and landscaping of the area, and the height of the proposed facility. She stated that the excess height would set a precedence for the area. She further stated that they feel as though the proposed running track would not be necessary, because of the many running trails in the Back Bay area. She suggested that the site be graded in order to construct the proposed facility lower on the site. She requested that the items be continued in order for further study by the members of the Back Bay Association. • Mrs. Batham, resident of 20451 Upper Bay Drive, appeared before the Commission. Mrs. Batham stated that she is in favor of the YMCA, however, she is concerned with the excessive height of the proposed facility. She stated that eight homes on Mesa Drive will be adversely affected by the proposed height. She expressed her concern relating to the increase in traffic on University Drive and questioned how a west bound lane could be added to the intersection. In response to a question posed by Mrs. Batham, Planning Director Hewicker stated that this application will be required to obtain approval from the Coastal Commission. Mrs. Batham stated that public notices of the hearing should have been mailed to all of the condominium residents, rather than just the President of the condominium association. She requested that these items be continued until such notices are mailed. Commissioner Allen requested that Mrs. Batham submit a list of the addresses on Mesa Drive to the Planning Department. She stated that the staff will also send public notices to the affected community associations. • Planning Director Hewicker stated that public notices are normally not sent beyond the 300 foot legal limit. -46- COMMISSIC Y�,U5 MINUTES April 21, 1983 � x `1 r _. OD = Q1 a m . City of Newport Beach J m m 0 J N J ROLL CALL I INDEX. Mr. Donald Webb, City Engineer, responded to Mrs. Batham's concern .relating to the addition of a westbound right turn lane on University Drive. He stated that the street is of sufficient width to restripe, which would allow for a third lane at this location. Planning Director Hewicker stated that public notices were sent to all owners of the condominium project which were within the 300 .foot limit, which ,is approximately one -half of the condominium owners. Chairman King suggested that the remainder of the condominium owners be notified of the proposed development. Planning Director Hewicker stated that the elimination of the proposed running track will not solve the height problem. He stated that height of the proposed gymnasium alone, exceeds the allowable height in the • 24/28 Foot Height Limitation District. Mr. de Boom stated that approximately 35 members of the Four Fours Condominium Association met at the YMCA at 7:30 p.m. on April 12th, to discuss the proposed development. He stated that the proposed lighting and traffic were also discussed. He stated that the YMCA had agreed to chain the driveway after 10:00 p.m. in order to exclude vehicles from entering the parking lot after hours. He stated that they also agreed to place a stop sign across the exit path and that the existing stop sign would be relocated to be more visible. He stated that the YMCA also had a preliminary meeting with the Board of Directors of the Association to discuss the proposed development. Commissioner Goff stated that the chaining of parking lots has presented problems in the past. Mr. de Boom suggested that a gate could be utilized to solve the problem. I I I I I I I Mr. de Boom stated that many of the concerns expressed relating to the noise generated by the YMCA, will be greatly reduced with the proposed development because • i I I I I I I most of the activities can then be held indoors, rather i than outside. -47- � r c m dt a m 7c L7 m D April 21, 1983 of Newport Beach MINUTES ROLL CALL I III III I I INDEX _ Commissioner Balalis suggested that the architect consider the possibility of lowering the building. He also suggested that the YMCA notify the immediate residents of the area and float balloons to the proposed height of the structure. Mr. de Boom concurred and stated that this can be accomplished on Saturday, April 30th. He stated that he will distribute flyers to the Anniversary Tract, Mesa Drive and condominium residents. He stated that he will also. take photographs of the balloon demonstration. He stated that the YMCA wants to continue to be a good neighbor. Commissioner Goff stated that the conditions on the original.use permit were specific in that no outdoor game courts or activities of a noisy nature were to be permitted without first obtaining a use permit. However, he stated that the testimony has revealed that noisy outdoor activities do take place. He stated that many of the noisy outdoor activities will be moved inside the facility with approval of the proposed development. He further stated that if the proposed development were to be approved, the YMCA would be required to adhere to the conditions relating to the lighting systems and landscaping. Chairman King stated that the staff would not have to send additional public notices to the persons who have already been notified of the public hearing, but only to those persons and associations who have been previously mentioned as not having received a public notice. Motion Motion was made to continue these items to the Planning All Ayes X X X X X Commission Meeting of May 5, 1983, which MOTION CARRIED. Ll -48- COMMISSIONERS MINUTES April 21, 1983 M 0 ` _. m = W n = m m City of Newport Beach ROLLCALLI III III I INDEX Request to amend a previously approved use permit that permitted the establishment of E. Gads Restaurant Item #10 facility with on -sale alcoholic beverages and live entertainment in the McFadden Building on McFadden Square in the C -1 District. The proposed amendment is a request to change the operational characteristics of the subject restaurant facility so as to allow dancing . in conjunction with said use. USE PERMI NO. 1717 LOCATION: Lot 19, Block 21, Newport Beach Tract, (Amended) located at 2100 West Ocean Front, on the northwesterly corner of West Ocean Front and McFadden Place, in McFadden Square. ZONE: C -1 APPLICANT: Barrett Saloon and Restaurant, Inc., Continues (dba E. Gads), Newport Beach to May 5, 1983 OWNER: Francis C. Hertzog, Newport Beach • Planning Director Hewicker stated that the Chief of Police has expressed concerns relating to uses involving beer and wine in the Central Balboa and McFadden Square areas. He stated that Chief Gross would like to appear before the Commission at the next meeting to express these concerns. Chairman King suggested that Items No. 10,.11, 14 and 16 be continued, so that Chief Gross can express his concerns. Commissioner Balalis stated that it would be helpful to obtain input from the Police Department regarding this issue. Commissioner Goff concurred. Planning Director Hewicker suggested that. the discussion with Chief Gross could be scheduled as the first item on the May 5, 1983, Planning Commission Meeting, with the continued items to be heard immediately following the discussion. The representative for Item No. 14 -Use Permit No. 3031, requested that their item not be continued. Motion X X X X X Motion was made to continue Items No. 10, 11 and 16 - All Ayes Use Permit No. 1717 (Amended) , Use Permit No. 1849 (Amended) , and Use Permit No. 3034, to the Planning •Commission Meeting of May 5, 1983, which MOTION CARRIED. x • x -49- COMANSSIONERS m m 0 a . m 0 MINUTES April 21, 1983 G of Newport Beach ROLL CALL INDEX Request to amend a previously approved use permit which Item #11 allowed the establishment of a take -out restaurant (i.e. The Yogurt Connection) and the waiver of a portion of the required off - street parking spaces. The proposed amendment is a request to add on -sale beer and wine in conjunction with a new Mexican style take -out restaurant with incidental dining. USE PERMIT NO.: 1849 LOCATION: Parcel No. 1 of Parcel Map No. 59 -17 (Amended) (Resubdivision No. 416) located at 3408 Via Oporto #2, on the northeasterly side of Via Oporto in Lido Marina Village. ZONE: C -1 -H APPLICANT: Mohamad S. Faez, Newport Beach Continued . to May 5,' OWNER: Traweek Investment, Torrance 19R3 • Planning Director Hewicker stated that the Chief of Police has expressed concerns relating to uses involving beer and wine in the Central Balboa and McFadden Square areas. He stated that Chief Gross would like to appear before the Commission at the next meeting to express these concerns. Chairman King suggested that Items No. 10, 11, 14 and 16 be continued, so that Chief Gross can express his concerns. Commissioner Balalis stated that it would be helpful to obtain input from the Police Department regarding this issue. Commissioner Goff concurred. Planning Director Hewicker suggested that the discussion with Chief Gross could be scheduled as the first item on the May 5, 1983, Planning Commission Meeting, with the continued items to be heard immediately following the discussion. The representative for Item No. 14 - Use Permit No. 3031, requested that their item not be continued. motion ] X Motion was made to continue Items No. 10, 11 and 16 - All Ayes ]XI X X X Use Permit No. 1717 (Amended) , Use Permit No. 1849 (Amended) , and Use Permit No. 3034, to the Planning • Commission Meeting of May 5, 1983, which MOTION CARRIED. * x x -50- April 21, 1983 MINUTES 7 e m w m m o w. 3 1 City of Newport Beach INDEX Request to establish a take -out ice cream shop on property located.in the C -1 District and to waive a portion of the required off - street parking spaces. LOCATION: Lots 9 -15, Block 22, Newport Beach Tract, located at 118 23rd Street, on the easterly side of 23rd Street, USE PERMIT between West Balboa Boulevard and West NO. 3029 Ocean Front, in the McFadden Square Area. ZONE: C -1 APPLICANT: Scott Allen Zimmer, Huntington Beach OWNER: Francis A. Ursini, Newport Beach The public hearing opened in connection with this item • and Mr. Scott Zimmer, the applicant, appeared before the Commission and requested approval of the use permit. Commissioner Goff noted that the Planning Commission has approved a great number of take -out ice cream shops in the recent months. Motion X Motion was made for approval of Use Permit No. 3029, All Ayes X X X X X subject to the following findings and conditions, which MOTION CARRIED: FINDINGS! 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal 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 circulation, walls, landscaping, • parking lot illumination, utilities, and a portion of the required parking spaces, will not be detrimental to adjoining properties. -51- April 21, 1983 � r c w � W m w. City of Newport Beach .4. The Police Department has indicated that they do not contemplate any problems. 5. The approval of Use Permit No. 3029 will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. That all trash shall be stored in the building • until scheduled trash pick -up occurs. 11 11 3. That a trash compactor shall be installed in conjunction with the proposed use. 4: That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the parking spaces shall be waived. 6. That the ice cream facility shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily. 7: That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 8. That no cooking, or any food preparation other than ice cream and related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, • washout areas for trash containers, and grease interceptors. -52- MINUTES INDEX April 21, 1983 ,MINUTES X � c m m . City of Newport Beach INDEX 9. That the premises and the sidewalk on 23rd Street shall be kept clean and regularly maintained. 10. That two parking spaces shall be provided on -site for the employees of the take -out restaurant facility. 11. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. Request to permit a drive -up teller operation in Item #13 • conjunction with a proposed First Interstate Bank facility located in the Koll Center Newport Planned Community. LOCATION: A portion of Parcel No. 4 of Parcel Map No. 114-22-24 (Resubdivision No. 570), USE PERMIT located at 5000 Birch Street on the NO. 3030 southwesterly side of Birch Street, between Jamboree Road and Von Karman Avenue, in the Koll Center Newport Planned Community. APPLICANT: First Interstate Bank, Los Angeles APPROVED OWNER: Koll Center Newport No. 14, _ CONDI- Newport Beach TIONALLY The public hearing opened in connection with this item and Mr. Paul Thomas, representing the applicant, appeared before Commission, and requested approval of the use permit. Motion X Motion was made for approval of Use Permit No. 3030, All Ayes X X X X X z X subject to the following findings and conditions, which MOTION CARRIED: • -53- MMdSSONER$ MINUTES April 21, 1983 r c m � m m m y. City of Newport Beach FINDINGS: 1. That the proposed development is in conformance with the General Plan and the Koll Center Newport Planned Community Development Standards and is compatible with surrounding land uses. 2. Adequate offstreet parking spaces will be provided for the proposed drive -up teller facilities and other developments on the site. 3. Adequate provisions for traffic circulation are being made for the drive -up- teller facility. 4. That the proposed development will not have any significant environmental impacts. 5. The City Traffic Engineer has no objections with the applicant's request. • 6. The approval of Use Permit No. 3030, will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property 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, and elevations. 2. That all signs shall conform to the provision of the Koll Center Newport Planned Community Development Standards. However, directional signs such as "Entrance ", "Exit ", or other similar convenience signs located on the Von Karman or Birch Street frontages, as opposed to any signs which may be located in the common parking lot, shall not include the name or logo of the bank use. 3. That the City Traffic Engineer shall review and approve the on -site circulation system prior to the issuance of building permits. * * -54- COMMISSIONERS MINUTES April 21, 1983 � x � r c m � W City of Newport Beach ROLL CALL INDEX Request to establish a take -out restaurant with item #14 incidental dining and on -sale beer and wine on property located in the C -1 -Z District. The proposal also includes a request to waive, all of the required off - street parking spaces. LOCATION: Lot 2, Block 10, Balboa Tract, located at 703 East Balboa Boulevard, on the US southerly side of West Balboa Boulevard, NO between Main Street and Washington Street, in Central Balboa. ZONE: C -1 -Z APPLICANTS: Hossien Dezfoolyzaheh and Cyrus Shahrestani, Newport Beach APPROVED CONDI- OWNER: Virginia Dee Barnett,. Balboa - ITIONALLY SPlanning Director Hewicker stated earlier that the Chief of Police has expressed concerns relating to uses involving beer and wine in the Central Balboa and McFadden Square areas. He stated that Chief Gross would like to appear before the Commission at the next meeting to express these concerns. Chairman King suggested that Items No. 10, 11, 14 and 16 be continued, so that Chief Gross can express his concerns. Commissioner Balalis stated that it would be helpful to obtain input from the Police Department regarding this issue. Commissioner Goff concurred. The representative for Item No. 14 - Use Permit No. 3031, requested that their item not be continued. The public hearing opened in connection with this item and Ms. Terry Harrison, representing the applicants, appeared before the Commission, and requested approval of the use permit. She stated that the service of beer and wine would be incidental to the food service. 1111111 In response to a question posed by Commissioner Goff, Ms. Harrison stated that they will waive the request • for the beer and wine license at this time. -55- K X � r c m � m Q m A G) m D April 21, 1983 of Newport Beach MINUTES INDEX Commissioner Winburn asked if the Commission has waived the requirement for employee parking of take -out restaurants, in the past. Mr. William Laycock, Current Planning Administrator, referred to Page 3 of the staff report, and stated that similar waivers of parking have been granted by the Planning Commission in the past, such as the Haagen -Dazs, Big Olaf and Island Snow applications. Ms. Harrison stated that the Municipal parking lot is located in close proximity to the building. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that in each of the cases listed above, it was the Planning Commission's determination that take -out food establishments of that type are not destination points by themselves, and that most of the patronage would come from people who are already shopping or working in • the area. Mr. Laycock stated that the proposed use would not be more intense than a retail use which would also be allowed in the building, without requiring the parking. Motion Motion was made for approval of Use Permit No. 3031, subject to the findings and conditions of Exhibit "A ", deleting Conditions No. 5 and 10, which relates to the beer and wine license. Commissioner Goff stated that the Planning Commission continues to waive the parking requirements for these types of establishments because there is a shortage of parking in the area. He suggested that the Planning Commission should begin to require that the applicants of such uses sponsor a viable in -lieu parking arrangement. He stated that although each particular establishment may not be considered a destination point, the sum total of the establishments creates a destination point. Amendment I I I I IX I I I Amendment to the motion was made for an additional condition requiring that the applicant contribute to the establishment of a parking fund which would • I I I I I I eventually lead to providing increased Municipal parking for the area. -56- April 21, 1983 3 x � r c C 0 m m m . City of Newport Beach MINUTES 29.10 Ms. Harrison stated that the current, annual in -lieu parking fee per space is $150.00. However, she stated that this figure may increase to $1,000.00 or more, per space, in the future. She stated that imposing such a requirement on this size of business seems exorbitant. Commissioner Goff stated that he is opposed to waiving all of the required off - street parking spaces for this application. Commissioner Kurlander suggested that in -lieu parking fees be required for this application. Commissioners Goff and McLaughlin concurred. Commissioner Allen referred to the in -lieu parking fee requirement and stated that there is a distinction between a new building which is being constructed and the approval of a use which will be located in an existing structure. She stated that it would be unrealistic to impose in -lieu parking fees which may increase to $1,000.00 per space, on a small business • operation which is to be located in an existing structure. Commissioner Balalis stated that he has supported the concept of in -lieu parking fees in the past for projects of a larger magnitude. He stated that the intensity of this particular business will not be any greater than the business which was previously located within the structure which was a beauty parlor. He stated that the Planning Commission should not arbitrarily assign in -lieu parking spaces on certain applications. Commissioner Balalis stated that he could support the concept, that in the event the City establishes a need for such a parking fund, that the applicants be required to contribute, at that time. Commissioner Balalis stated that he can not accept the amendment as proposed by Commissioner Goff. Chairman King suggested that the amendment include the number of in -lieu parking spaces to be required and the dollar amount for each of the spaces. In response to a question posed by Ms. Harrison, • Chairman King stated that the Planning Commission can not place a ceiling on the dollar amount for each of the parking spaces. -57- � x � r c c G z m D April 21, 1983 itv of Newport Beach MINUTES R O I L CALL 11 I I 11 I I I INDEX Planning Director Hewicker stated that if the in -lieu parking fees were to substantially increase, the applicant, under the use permit process, could ask to be relieved of the in -lieu parking fee hardship. Commissioner Balalis stated that he can not recall the Planning Commission relieving the requirement for, in -lieu parking fees by an applicant, after the in -lieu fees have been established. Commissioner Goff stated that it is not the intent of the Planning Commission to impose a hardship upon any business. He stated that the proposed use may not be a destination point for the majority of its customers, although it will be a destination point for its four employees. Amendment Commissioner Goff restated his amendment to the motion Wtated as follows, that the applicant pay for four (4) in -lieu parking spaces based upon the current City rate for in -lieu parking spaces. Ayes I X�X�XIX I Commissioner Goff's amendment was now voted on, which No AMENDMENT CARRIED. Abstain Ayes X X X X x 2 original motion by Commissioner Balalis, as amended by Noes X Commissioner Goff., for approval of Use Permit No. 3031, deleting the conditions in conjunction with allowing an "on- sale" or "off -sale" beer and wine license and requiring that the applicant pay for four (4) in -lieu parking spaces based upon the current City rate for in -lieu parking spaces, was now voted on as follows, which AMENDED MOTION CARRIED: FINDINGS: 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. • I ( I ( I I I 2. The project will not have any significant environmental impact. -58- • April 21, 1983 � r c m m m m w. City of Newport Beach 3. That the waiver of the development standards as they pertain to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the required off- street parking spaces, 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. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area, providing that the applicants purchase four (4) in -lieu parking spaces for their employees. 5. That the Police Department has no objections to the establishment of the take -out restaurant facility, inasmuch as no on -sale or off -sale beer and wine will be permitted. 6. The approval of Use Permit No. 3031 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: MINUTES 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevation. 2. That the development standards related to a portion of the required off - street parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That no "on -sale" or "off- sale" beer and wine licenses shall be permitted in conjunction with this approval. 4. That the hours of operation shall be limited from 10:00 a.m. to 10:00 p.m. daily. -59- INDEX COMNN55KxvEKS MINUTES April 21, 1983 � F � r c m m y . City of Newport Beach POLL CALL ITI I I I INDEX 5. That all signs shall conform with Chapter 20.06 of the Newport Beach Municipal Code. 6. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. 7. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or storm drains if required by the Building Department. B. 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 if required by the Building • Department. 9. That all trash containers shall be screened from view from adjacent properties and from the public alley or street. 10. That this approval shall be for a period of one year, and any extension shall be subject to the approval of the Modifications Committee. 11. That the applicant shall be required to pay for four (4) in -lieu parking spaces based upon the current City rate for in -lieu parking spaces. • IIIIIIII n x r{ r c m = m Q m 3 x Gi y D April 21, 1983 MINUTES itv of Newport Beach R ( X L CALL X 11 1 J i l l I INDEX • Motion All Ayes X IX X Request to establish a take -out restaurant with Item #15 incidental dining and on -sale beer and wine on property located in the' C -N -H District. The proposal also includes a request to waive a portion of the required off - street parking spaces. USE PERMIT LOCATION: Lot 5, Tract No. 4225, located at 1801 NO. 3032 Westcliff Drive,. on the southerly side of Westcliff Drive, between Rutland Road and Buckingham Lane in the Westcliff area. ZONE: C -N -H APPLICANT: Frank Cote, Fountain Valley OWNER: The Irvine Company, Newport Beach Staff recommended that Item No. 15 - Use Permit No. 3032, be removed from the calendar, inasmuch as the applicant had not received the consent of the property owner for the project. Motion was made to remove this item from the calendar, X X which MOTION CARRIED. x * x • 1 i l l l l i l _yl_ ..I.REMOVED FROM THE CALENDAR COMMISSIONERS m � W m m w MINUTES April 21, 1983 City of Newport Beach ROLL CALL INDEX Request to change the operational characteristics of an Item #16 existing take -out restaurant which included take -out sandwiches and a retail bakery so as to operate the facility as a take -out sea food center with incidental dining and on -sale beer and wine. The proposal also includes a request to waive a portion of the required off- street parking. USE PERMIT NO. 3034 LOCATION: Parcel No. 1 of Parcel Map No. 79 -50 (Resubdivision No. 493) located at 110 McFadden Place, on the northeasterly corner of McFadden Place and Court Avenue in McFadden Square. ZONE: C -1 Continued to May S, APPLICANT: Jin Ho Kim, Tustin 1983 OWNER: Raymond Smith, Long Beach • Planning Director Hewicker stated that the Chief of Police has expressed concerns relating to uses involving beer and wine in the Central Balboa and McFadden Square areas. He stated that Chief Gross would like to appear before the Commission at the next meeting to express these concerns. Chairman King suggested that Items No. 10, 11, 14 and 16 be continued, so that Chief Gross can express his concerns. Commissioner Balalis stated that it would be helpful to obtain input from the Police Department regarding this issue. Commissioner Goff concurred. Planning Director Hewicker suggested that the discussion with Chief Gross could be scheduled as the first item on the May 5, 1983, Planning Commission Meeting, with the continued items to be heard immediately following the discussion. The representative for Item No. 14 -Use Permit No. 3031, requested that their item not be continued. Motion X Motion was made to continue Items No. 10, 11 and 16 - All Ayes X X 2 X X X X Use Permit No. 1717 (Amended) , Use Permit No. 1849_ (Amended) , and Use Permit No. 3034, to the Planning Commission Meeting of May 5, 1983, which MOTION CARRIED. * x x -62- COMMdSSIONERS MINUTES April 21, 1983 �; m- m m w. City of Newport Beach ROLL CALL INDEX 0 Request to permit the addition of a prefabricated solar Item #17 greenhouse on an existing duplex located in the R -1.5 District. The proposed addition will result in a total gross floor area in excess of the allowable 1.5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the proposed solar greenhouse to encroach 12 inches into a required 4 foot side yard setback area. VARIANCE N0. 1097 LOCATION: Lot 1 and a portion of Lot 2, Block 13, Section 1, Balboa Island Tract, located at 526 South Bay Front, on the northeasterly corner of South Bay Front and Topaz Avenue, on Balboa Island. APPROVED ZONE: R -1.5 - CONDI- TIONALLY APPLICANTS: Bill and Harriet Harris, Balboa Island OWNERS: Same as applicants The public hearing opened in connection with this item and Mr. Larry Crawford, of Capistrano Solar Systems, Inc., representing the applicants, appeared before the Commission. Mr. Crawford presented background information relating to the existing residence. He stated that the proposed addition will exceed the allowable floor area by only 89 square feet. Mr. Crawford referred to the Four Seasons passive solar greenhouse and sunspace brochure which was attached to the proposed plans. He then described the benefits which can be derived from the installation of the passive solar heating greenhouse system. Mr. Crawford also referred to a letter dated April 21, 1983, from Malcolm Lewis Associates, a mechanical engineering company, which addresses the proposed design for the solarium addition and states that the solarium could contribute up to 50 percent of the total energy required to heat the home per year. Chairman King referred to the Brookhaven House which is exemplified in the Four Seasons brochure. Mr. Crawford . stated that the Brookhaven House was constructed specifically for upstate New York climate. He stated -63- April 21, 1983 i _ m = m City of Newport Beach ��m�omm MINUTES ROLL CALL V I I I J i l l I INDEX • • that the climate in Southern California is totally different and therefore, warrants different options. Mr. Crawford explained the reflective qualities of the greenhouse, the use of thermal shades, screened windows and ventilating fans. In response to a question posed by Chairman King, Mr. Crawford stated that the reflective material would not be offensive to adjoining residential uses, because the shades would only be visible on the upper portion of the structure. Mr. Crawford then discussed the solar access laws applicable in the State of California. Mr. Robert Burnham, City Attorney, stated that a report received from the State Energy Commission suggests that solar systems not be counted as a part of the buildable area. He stated that this suggestion is not binding upon the decisions of the Planning Commission. However, he stated that there has been no court cases as yet, relating to the provisions of the Solar Energy Act. Planning Director Hewicker stated that the Citizens Environmental Committee has formed a subcommittee which is formulating a proposed Council policy relating to solar energy issues. He stated that this particular item is the first application to come before the Planning Commission relating to a solar greenhouse installation. Planning Director Hewicker stated that in some instances, passive solar collectors are utilized as an extension to an existing dwelling unit. He expressed his concern that if the proposal is to exceed the required floor area ratio, that the unit be no larger than is necessary to heat the adjoining dwelling unit. Planning Director Hewicker stated that the proposed solar greenhouse is more than large enough to heat the adjoining room. Therefore, -he stated that this will require that an additional circulation system be added which will vent the warm air through the remainder of the dwelling unit. He stated that the Building Department will be reviewing such applications as the applicants apply for building permits. -64- MINUTES April 21, 1983 3 � n m w City of Newport Beach INDEX Planning Director Hewicker suggested that such items meet all of the requirements of Title 24, which relates to the State energy laws. Mr. Crawford stated that Title. 24 addresses the dwelling structure, but the proposed greenhouse contains no fossil fuel heat or cooling and contains no electricity or plumbing which is not considered a habitable space under Title 24. Planning Director Hewicker suggested a condition which would state, "That a mechanical circulation system shall be installed, adequate to circulate any excess heat generated by the collector, through the remainder of the dwelling unit." Mr. Crawford stated that this would be acceptable. Chairman King referred to the brochure which was distributed and stated that many of the pictures indicate that the greenhouse space is being utilized as a liveable area. Mr. Crawford explained the benefits . and appeal of the solar greenhouses, as opposed to the use of solar panels on the roof. In response to a question posed by Commissioner McLaughlin, Mr. Crawford stated that the proposed solar greenhouse will cost in excess of $14,000.00. He also stated that the IRS tax codes will allow tax credits of up to $7,000.00. Mr. Burnham stated that this particular application would not be considered precedent setting in that the citizens subcommittee is formulating a Council policy and each of these applications will be judged on a case by case basis. He stated that this particular application represents less than a 2� percent increase in the 1.5 allowable buildable area. In response to a question posed by Mr. Crawford, Planning Director Hewicker stated that the existing french doors adjacent to the proposed solar greenhouse would not have to be eliminated. Motion JJXJJ Motion was made for approval of Variance No. 1097, All Ayes X X X X % subject to the following findings and conditions, with an additional condition which would require that an additional mechanical circulation system be installed • I I I I I I adequate to circulate any excess heat generated by the collector through the remainder of the dwelling unit; and Condition No. 2 be modified to state that the -65- April 21, 1983 MINUTES � x � r c m � m m w. City of Newport Beach ROLL CALL INDEX proposed solar greenhouse would be permitted as an expansion of the existing living area, and that the existing french doors would not have to be eliminated, which MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district inasmuch as the requested variance will allow the installation of a solar heating system where none presently exists. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial • property rights of the applicant inasmuch as there are other properties in the area which maintain floor area ratios in excess of 1.5 times the buildable area. 3. That the granting of such an application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property or improvements in the neighborhood inasmuch as the proposed addition exceeds the allowable floor area by only 89 square feet and there is adequate open space provided on the site. 4. That the proposed side yard encroachments 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 the Municipal Code. elm � r c c° n x c m n ROLL CALL E Motion X All Ayes Ix X lxlxl X • April 21, 1983 MINUTES on CONDITIONS: t Beach 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted below. 2. That the proposed solar greenhouse shall be permitted as an expansion of the existing living area and that the existing french doors in the common wall between the dwelling unit and the solar space shall also be permitted, provided that the greenhouse be maintained as a solar collector for the existing dwelling unit at all times. 3. That an additional mechanical circulation system shall be installed, adequate to circulate any excess heat generated by the collector, through the remainder of the dwelling unit. w * a West Newport Study Area (Discussion) Data analysis of the West Newport Study Area involving properties generally bounded by West Coast Highway, Newport Boulevard, 16th Street and Newport Crest /Banning. INITIATED: The City of Newport Beach INDEX Item #18 WEST NEWPORT STUDY . AREA Staff recommended that Item No. 18 - West Newport Study Area, be continued to the Planning Commission Meeting Continued of May 19, 1983, to allow for the completion of the to May 19,. traffic data. 1983 Chairman King stated that the West Newport Study Area will remain a discussion item on the evening agenda for May 19, 1983. Motion was made to continue this item to the Planning Commission of May 19, 1983, which MOTION CARRIED. -67- LVM�va�t�w April 21, 1983 MINUTES m � m m m City of Newport Beach ROLL CALL INDEX Motion % Motion was made for an excused absence for Commissioner All Ayes 2 X x % x x Allen from the Planning Commission Meeting of May 5, 1983, which MOTION CARRIED. • There being no further business, the Planning Commission adjourned at 12:15 a.m. Dave Goff, Secretary Planning Commission City of Newport Beach • IIIIII11 _68_