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HomeMy WebLinkAbout04/23/1981COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES Place: City Council Chambers Time: 7:30 p.m. Date: April 23, 1981 W X c n City of Newport Beach L CALL INDEX XIXIXVIXICommissioner McLaughlin was present at 8:10 p.m. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrato Fred Talarico, Environmental Coordinator Robert Lenard, Advance Planning Administrator Craig Bluell, Senior Planner Donald Webb, Assistant City Engineer Pamela Woods, Secretary • Approval of the minutes of the Regular Planning Commission Meeting of April 9, 1981, was con- tinued for two weeks, in that the Commission had not had sufficient time for their review. Proposed revisions to the Housing Element of LEERAL the Newport Beach General Plan. INITIATED BY: The City of Newport Beach Planning Director Hewicker and Mr. Burnham, rontin Assistant City Attorney, presented background information on this item. Mr. Ward Connerly, the City's Housing Consultant, Vg81Ma explained to the Commission the regulations of the Roos Bill. He stated that the Commission will have the final decision of what is adequate, subject to reasonableness. 1111111 -1- , m. COMMISSIONERS April 23, 1981 MINUTES ?� si nao�a City of Newport Beach LLL CALL INDEX is 0 Commissioner Beek suggested that informal meeting! be held between the Commission and members of the public, including the press, before the next hearing The public hearing opened in connection with this item and Mr. Don Collinge, resident of Newport Beach, stated that it is unconstitutional for the State to mandate such legislation to the City. Mr. Dave Dmohowski, representing The Irvine Com- pany, stated that they strongly support the adoption by the City,`of a defensible housing element. He then distributed to the Commission, a letter from The Irvine Company dated April 23, 1981, outlining their comments on the Newport Beach Housing Element. Commissioner Allen asked Mr. Dmohowski to comment on the strategy that a housing impact assessment be made for the large industrial and commercial tracts. Mr. Dmohowski stated that they have no objection to the inclusion of such an analysis in the environmental i.mpact reports. He stated that the North Ford residential site has the most potential for accommodating substantial densities which would allow for the development of moderate income housing. He stated that there are no sites within Newport Center which would be appro- priate for significant amounts of housing which would be affordable. Planning Director Hewicker stated that the intent is to require the City to assess the housing need of the workers, not necessarily to require that the housing be provided. Commissioner Thomas asked if The Irvine Company owned land in mobile home parks. Mr. Dmohowski stated that they have a long term ground lease with the De Anza Bayside Village Mobile Home Park Mr. Dmohowski questioned as to whether mobile home units are the best way in which to provide affordable housing. -2- April 23, 1981 �Q D City of Newport. Beach MINUTES INDEX Commissioner Balalis asked for Mr. Dmohowski's comments on the establishment of land which would be zoned strictly for rental units of high den- sity. Mr. Dmohowski stated that he could not comment on this item, as they had not, as yet, completed their evaluation of the entire housing element. Mr. Collinge stated that affordable housing is not the solution because the prices of these housing units will increase. He also addressed the problems of high density relating to water and sanitation problems. Commissioner Allen asked for clarification of the methodology utilized in determining the City's needs. She stated that the need strategy may be inaccurate if it is being based on the City's existing residents. Commissioner Allen referred to the Condominium Conversion Ordinance strategy. She requested data to indicate the type of owner occupancy that can be expected in the small units, i.e., duplexes and triplexes. She asked if these will be owner occupied which may upgrade the area, or will they be utilized as cheap investment propert Commissioner Beek stated that the data should in- clude the percentage of the occupants which will be owner occupants. Commissioner Allen referred to Section 4, Item 9, which requires a provision for low income housing for developments of 10 or more units. She asked if this would be considered inclusionar zoning. Mr. Connerly responded no. Commissioner Allen then expressed her concerns relating to resale controls and deed restrictions. She.sug- gested that this item be explored further. Commissioner Allen referred to Section 3, pages, 4 and 5, relating to the existing density in- creases. She stated that 25 percent appears to be a premature, arbitrary number. Commissioner Thomas suggested that a justified position paper be prepared for the 25 percent increase in terms of the economics. • I I I I I I I 1 1 -3- April 23, 1981 MINUTES oa Oaowa lddbk w City of Newport Beach L CALL I INDEX Planning Director Hewicker stated that the State Subdivision Map Act requires a minimum density of 25 percent to provide the incentive of low and moderate income housing. In response to a, question posed by Commissioner Allen, Planning Director Hewicker stated that providing afford- able housing and providing price controls are two separate issues. Commissioner Allen expressed her concern as to who will be paying for the recommendations. She stated that there are no appropriations to imple what is being recommended. She referred:to.the relocation and resettlement program and stated that this may be an expensive project to underta Commissioner Thomas stated that he is also.con- cerned with the economics of the condominium conversion recommendation. He requested that - back -up figures be provided as to how the median income for the HUD requirement of affordability • will be obtained through the condominium conver- sion recommendation. He stated that the average figures for acquisition of property in duplex areas do not match these figures. Chairman Haidinger stated that the City should be able to determine the type of housing wanted, not the State. He stated that the City is pro- viding roughly the kind of housing that the resi- dents of Newport Beach.want. He requested that two items be addressed at the next hearing: 1) The penalties on the City if the Southern California Association of Governments (SCAG) and the State Housing and .Community Development De- partment (HCD) do not like our plan. Also, if any of the City'.s subdivision approvals can be over - turned, and 2) Is the report as aggressive as possible, in protecting the City against un- warranted intrusion on determining the kind of city Newport Beach should be. Commissioner Thomas referred to the rental housin zone and asked if it is even legal to do so. Com missioner Balalis stated that this type of distri is being considered in the County of San Diego at 0 11111111 the present time. -4- April 23, 1981 MINUTES 0 M0 D City of Newport Beach L CALL III I I I I I INDEX Commissioner Balalis stated that the intent of the plan is to provide housing for all economic. segments. He stated that the City will choose. the percentages for those segments. He suggested that the price ranges be kept as broad as possibl and the percentages be kept loose`to.gve the. plan flexibility. Commissioner Beek invited interested members of the audience to submit their names and addresses, so as to be notified of any informal meetings on this item. Ms. Trisha Harrigan, resident of 1 Hampton Court, appeared before the Commission. Ms. Harrigan stated that it would be a social injustice to ignore the needs of the service personnel of the City. Motion Motion was made to continue General Plan Amend - All Ayes X X Z X X Y ment 81 -1 to May 7, 1981 at 3:00 p.m., which • MOTION CARRIED. Mr. Ward Connerly emphasized that this document is not a low cost housing document, nor does it include inclusionary zoning or resettlement pro- visions, and does not include a requirement for rental zones.. He stated that the concept of the plan must not be distorted by these issues. Mr. Connerly presented a brief summary of the document to the Commission. He stated that the document attempts to respond to the political, fiscal and environmental needs of the community. He stated that the free market will not solve the problem for the low and moderate income people. He stated that the demand will not be satisfied by new housing. He stated that the existing housing supply must adjust to respond to these needs. He stated that the City must make a genuine committment to provide for all economic segments of the community. He added that this is a positive way in which the City can get involved with the housing market. • 1111111! -5 �x n � April 23, 1981 Of Beach Ms. Diane Pattison, resident of 1235 Santiago Drive, urged that a meeting for public dialogue be scheduled before the next hearing. The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Request to permit the construction of a three- story retail office complex in the Mariners' Mile Specific Area Plan that exceeds the basic height limit within the 26/35 foot Height Limi- tation District, and the acceptance of an Environmental Document. The approval of a use permit is also required inasmuch as the project exceeds the 0.5 times the buildable area of the site. MINUTES LOCATION: A portion of Lot F, Tract 919, located at 2912 West Coast Highway, westerly of Riverside Avenue on Mariners' Mile. ZONE: SP -5 APPLICANT: F. Earl Mellott, A.I.A., Anaheim OWNERS: Said Shokrian, Newport Beach and Jane H. Mounts, Laguna Beach Planning Director Hewicker presented a short series of slides to the Commission which illu strated the site and the impact that the proposed development would have upon views from the City Park property on Cliff Drive. Mr. Burnham, Assistant City Attorney, distributed to the Commission proposed additional findings prepared by the City Attorney's Office to be included in the event the project is approved. He stated that the purpose of these additional findings are to indicate the extraordinary cir- cumstances in this case, and would cause.the decision of approval not to set a precedent. -6- INDEX Item DENIED April 23, 1981 MINUTES Igo In w City of Newport Beach CALL I I I I I I I I INDEX The public hearing opened in connection with.thts item and Mr. Earl Mellott, representing the owners of the property, appeared before the Commission. Mr. Mellott stated.that they are in full concurrence with the recommendations of the staff report, including the additional.park - ing stall for the loading zone and removal of the ramp: He stated that -in. removing the ramp, they will gai.n an additional 4 to 8 parking space He stated that their plans will also include the deletion of the bay windows that encroach into the required front yard along. West Coast Highway. He stated that they have cut - off 20 feet from eac side of the building. He stated that from all indications on Cliff Drive, this building will not cause a view problem. He also stated that from the line of sight, this building will be no higher than the Rosans.,,; Inca building. Mr. Mellott stated that every effort will be made to lease anything over 16,000 sq. ft. to marine . orientated uses, which will have first priority. 46 1111 111 He presented a map depicting the elevations of the area. He stated that this project will be an asset to the community. Ms. Pat Strang, representing Newport Heights Association, stated that there are no assurances that the additional square footage will be used for marine -purposes. She expressed concerns relating to the additional traffic this project will generate through the surrounding residential neighborhood, the height of the building and.the intensity of the use. Mr. Ron Landrigan, resident of Newport Heights, stated that there will be a problem with the - views, irregardless of the applicant's elevation map or the slide presentation. Planning Directo Hewicker explained where the pictures were taken on Cliff Drive and in the park. area. Commissioner Allen stated that the park area slopes down. She asked staff if the lower sitti area has a view of the water. Planning Director Hewicker stated that there is not a view of the water from this location, only a view of the trees in the park. -7- MMISSIONERS April 23, 1981 MINUTES o ao a 1 o " y � City of Newport Beach FWL CALL INDEX is • Commissioner Allen asked what the developer could build without the use permit request to exceed the basic height limit of 26 feet. Planning Director Hewicker stated that "the.par.ki.ng struc- ture would remain the same. He stated that the previous project had a higher amount of floor area.ratio. He stated that the proposed project has a .84 floor area ratio. In response to a question posed by Commissioner McLaughlin, Mr. Don Webb, Assistant City Enginee stated that no widening plans for West Coast Highway are programed for at least 5 years. He stated that the time table depends upon how much right -of -way can be acquired during that time. Commissioner McLaughlin asked the amount of mone the City will have to pay for the acquisition of the right -of -way. Mr. Burnham stated that the acquisition of the right -of -way will further. reduce the size of the adjacent parcel and may necessitate purchase of the entire parcel by the City. He stated that the income producing capabilities of the parcel would be a factor in determining the amount of money to be paid. Commissioner Allen a problem relating tion. She asked Mr had been run on the Mellott responded n stated that balloon performed on a .calm stated that she had antici.pat to the issue of view percep- Mellott if a balloon test subject property. Mr. o. Planning Director Hewicke tests can be beneficial if day. Commissioner Beek stated that the Mariners Mile Specific Area Plan established the criteria of .5 times the buildable area for the purpose of maintaining the character of the region. He stated that other developments in this area have followed the set guidelines. He also stated that this project does not encourage marine uses Commissioner McLaughlin stated that this project will increase the traffic problem of the existin residential neighborhood. 10 COMMISSIONERS April 2 3, 1981 MINUTES �x Q'� Nxuo Motion Ayes X Noes Ix Of Beach Motion was made to deny Use Permit No. 1941 (Amended) with.the.following findings of denial, which MOTION CARRIED: FINDINGS: That in exceeding the basic height limit of twenty -six feet, visual access to the bay will be significantly impaired. 2. That the increased building height will result in decreased public visual open space, inasmuch as the total bulk of the. structure restricts views from adjoining residential property. The increased building height does not re- sult in a more desirable architectural treat- ment of the building or visual character within the general theme of a marine environment. That approval of Use Permit No. 1941 (Amended will, 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 neigh- borhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. 5. That no marine - oriented uses are proposed to justify the development to exceed the .5 time the buildable area on the site. Request to consider the revocation of Use Permit No. 1857 that permitted the construction of a Bank of Newport complex on the site that exceeds the basic height limit within the 32/50 Foot Height Limitation District. This public hearing is to determine whether or not said use permit should be revoked for failure to comply with certain required conditions of approval. • 11111111 -9- INDEX SE PER 9 a, n �o n April 23,1 981 Of Beach MINUTES INDEX LOCATION: Parcel No. 1, Parcel Map 152 -28, 29 (Resubdivision No. 659), located at 2101 East Coast Highway, westerly of Avocado Avenue, adjacent to Irvine Terrace (Bank of Newport Headquarters' Complex). ZONE: C -1 APPLICANT: Bank of Newport, Newport Beach INITIATED BY: The City of Newport Beach Commissioner Balalis stated that he would be abstaining from this item, due to a possible conflict of interest. Mr. Burnham, Assistant City Attorney, advised Chairman Haidinger that he could participate in this item. Planning Director Hewicker presented a short • series of slides to the Commission which depicte the Bank of Newport site as well as impacts to the surrounding residential area of Irvine Terra The slides taken in the evening hours illustrate the effects of the lighting that is currently being utilized on the site. The public hearing opened in connection with this item and Mr. Dennis Harwood, representing the Bank of Newport stated that there have been sub- stantial mitigation measures taken by the Bank of Newport on a voluntary basis in an attempt to satisfy residents of Irvine Terrace. He distributed a letter to the Commission dated April 22, 1981, from the Bank of Newport which outlined the Bank's position and actions to date. Mr. Harwood stated that the Bank, in a voluntary effort to further alleviate any form of concern by the adjoining homeowners, has agreed to under take the following courses of action: 1) All parking lot lights, except those used for security purposes, will be turned off at 8:00 p.m. 0 Illlllil -10- -4 7 z N � x m 14i April 23, 1981 ZI Beach MINUTES 2) Turn off the "Bank of Newport" sign which faces the Irvine Terrace community. 3) Additional landscaping to further buffer the Bank of Newport sign will be provided. 4) Give instructions to employees that drapes on the second floor of the Bank building (west side). will be closed after normal business hours of the Bank, but in no case later than 6:30 p.m. Mr. Harwood stated that the Bank is of the opinio that no violations have incurred in connection with the use permit and that all terms and condi- tions of the use permit have been fully complied with. In response to a question posed by Chairman Haidinger, Mr. Burnham explained the circumstance under which a use permit can be modified or re- . voked. He stated that in his opinion, the facts presented would not be sufficient to satisfy the standard for the revocation of a use permit. Mr. Burnham stated that he can understand Mr. Harwood's concerns in adding the proposals con- tained in the letter as conditions to the use permit. He suggested that language be included to the effect that continuous or repeated viola- tions of the additional conditions could consti- tute ground for review of the use permit. He stated that this would establish a reasonable guideline in solving the problem. Mr. Harwood suggested that the matter be con - tinuedor taken off of the calendar without pre- judice. He stated that the Bank would prefer to leave the use permit as it stands. He stated that the Bank has made an agreement with the City and the community association to satisfy these concerns. In response to Beek, Mr. Harw of the Bank to that they have • of the sign. a question posed by Commissioner ood stated that it is the desire not remove the sign. He stated agreed to turn the lighting off. -11- INDEX w April 23, 1981 Beach MINUTES INDEX In response to a question posed by Commissioner Allen, Mr. Burnham stated that if this matter is tabled, the matter remains subject to further complaints by the residents. . Mr. Clark Booth, representing the Irvine Terrace Community Association, stated, that the Bank has been helpful in solving some of the problems. He referred to the Bank's letter dated April 22nd and suggested that Item #3 include screening the Bank of Newport sign. He also suggested that additional buffer landscaping be included along Zahma.Drive. He stated that continued compliance with these additional conditions must be a requirement. Mr. Harwood stated that the Bank is agreeable to installing the additional landscaping as a buffer Mrs. Eleanor Forsyth, property owner adjacent to the Bank of Newport, distributed to the Commissio • pictures of the Bank and the surrounding area. Mrs. Forsyth then referred to her list of supple- mental conditions as follows: 1) Additional blackout lenses be installed on lamps adjacent to Zahma Drive. 2) Additional landscaping be installed and permanently maintained so as to adequately screen the existing parking lot lights and the Bank of Newport wall sign from all of Chubasco Drive and Zahma Drive. 3) Window drapes be closed no later than 6:30 p.m., and lights in unused offices shall be dimmed or turned off. 4) The existing Bank of Newport wall sign shall be non - illuminated. No future replacement wall sign shall be permitted (due to change of game, use, or ownership of property). 5) The wall height does not provide an accousti- cal barrier. Requesting an increased wall height or landscaping substantial enough to solve the noise problem. • -12- MISSIONERS April 23, 1981 o ao�°a 0 � y City of Newport Beach MINUTES WICALLI 111 1111 INDEX Mrs. Forsyth also suggested that the total lighting problem be resolved in a manner so that there will be no additional problems in the future due to possible change of ownership or use. In response to a question posed by Commissioner Allen, Mrs. Forsyth stated that they are re- questing that when the public trees are trimmed, no increase in visual access to the Bank of Newport sign will be evident. Commissioner Beek suggested that this item be continued for six weeks, which will give all. parties ample time to resolve these issues. Mr. John Bromley of 2015 Seadrift Drive, referred to his letter dated April 20, 1981. He stated that the Bank of Newport sign is not com -.:.. patibl.e with the residential area and suggested that it be removed. • Mr. Paul Wimmer, of 2012 Seadrift Drive, stated that he is concerned with the height of the plantings that will be installed. He requested that only mature plantings be utilized. Commissioner Beek asked Mr. Harwood if he would agree to a stipulation that if the Bank of New- port sign were ever to be taken down, that it would not be replaced. Mr. Harwood stated that he would not want to stipulate to this for perpetuity. Mr. Harwood also stated that land- scaping is more aesthetically pleasing than high block walls. In response to a question posed by Commissioner Allen, Planning Director Hewic.ker stated that a future owner of the buildin:g would not have to appear before the Commission for a sign use, but that any new sign would have to be in con formance.with the.Sign Ordinance. Straw Motion X Commissioner Beek proposed a straw motion that the sign not be replaced, if. the sign is ever taken down. He also stated that the Commission recognizes that.this may never happen. • -13- Straw Vote l Ayes X Abstain Motion Ayes Nops A1*ain Motion Ayes Abstain �J April 23, 1981 MINUTES 5- din R, u s 12 City of Newport Beach Planning Director Hewicker stated that this particular site is a part of the Specific Area Plan for Corona del Mara He stated that the Commission could deal with the issue of existing legal, non- conforming signs at the time they consider the specific regulations of the Plan. Commissioner Thomas suggested that this be made a Resolution, to be considered at that time. Commissioner Allen stated that the Specific.Area Plan. for Corona del Mar will contain many com- mercial uses abutting residential uses. She stated that there should be a directive to staff to include this issue. Commissioner Beek's motion was now voted on, which MOTION CARRIED. Commissioner Thomas moved for.Resolution No. ln6.; 'which will address the sign issue in the Specific Area Plan for Corona del -Mar, which MOTION CARRIE II 11 Motion was made to .continue this item to the X X Planning Commission Meeting of July.23, 1981 which MOTION CARRIED. Request to change the operational characteris= tics of an existing restaurant with on -sale alcoholic beverages, so as to include live entertainment in conjunction.with the restaurant. LOCATION: Lots 4 and:5, Block 159 of River Section Tract, located at 5930 West Coast Highway on the north- easterly corner of 60th Street and West Coast Highway in the Newport Shores Specific Plan.Area. ZONE: SP -4 -14- WO LY MISSIONERSI April 2 3, 1981 MINUTES K -1 n N ��a� pppp x m D loll t Beach INDEX APPLICANT: Muhammad Ahmad, Huntington Beach OWNER: Mrs..V. Brown, Mammoth Lake The public hearing opened in connection with this item and Mr. Ahmad, the applicant, stated that he was in concurrence with the staff recommendation. Mr. Don Webb, Assistant City Engineer, stated tha he has contacted the owners of the property, and they have.indicated that they do not wish to dedicate the.West Coast Highway right -of -way as conditioned. He stated that the alley would not be abandoned until the dedication is considered, therefore the condition as stated:will not affect the applicant. He stated that negotiations with the owner are continuing. Motion X Motion was made to approve Use Permit No. 1980, subject to the findings and conditions of Exhibit • "A" of the staff report. Commissioner Beek suggested that.Condition No. 7 be amended to.exclude the wording, "in exchange for" and add the wording, "if the City initiates abandonment proceedings." Planning Director Hewicker stated that if the alley is not abandoned, there will be one less parking space, which will affect Condition No. 2. Mr.. Webb stated that part of the parking is actually in the alley area. Planning Director Hewicker suggested that the staff can adjust.the parking requirement, based upon one less parking space.. Amendment X Commissioner McLaughlin stated that she would amend her.motion to include the suggest.i.ons of Commissioner Beek and Planning :Director Hewicker. All Ayes X X X X X Amended Motion by Commissioner McLaughlin for approval of Use Permit No. 1980 was now voted on, which AMENDED MOTION CARRIED, as follows: • 1!111111 -15- CCIMMISSKJNLKS o x G April 23, 1981 MINUTES City of Newport Beach L CALL INDEX FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant . environmental impact. 3. The Police Department has indicated that they do not contemplate any problem. 4. The off -site parking areas are either directl adjacent to the restaurant site or across the 30' wide 60th Street, and therefore, are .so located as to be useful to the proposed development. 5. The off -site parking spaces will not create. undue traffic hazards in the surrounding area 6. The restaurant site and.the off =site parking'' lot are in the same ownerhsip, and subject to • a long term lease. 7. The approval of Use Permit No. 1980 . will not, under the circumstances of this case, be detrimental to the heal.th,.safety, peace, morals, comfort and general welfare of person residing and working in.the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general.welfare of the City. CONDITIONS: 1. That development shall be.in substantial conformance with the approved plot plan, floor plan and elevations. 2.. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 14 parking spaces shall be provided on Lots 6'and 7, Block 159, River Section, and 16 parking spaces on'Lots 14 and 15, Block 160, River Section, for the duration of the.subject restaurant use on • the site. -16- n � o Cup Z w. April 23, 1981 Beach MINUTES 3. That a minimum-of one parking space for each 35.sq. ft. of "net public area" in the restaurant facility shall be.maintained in conjunction with this application. 4. That the proposed live entertainment and any accompanying music shall be confined to the interior of the restaurant facility. 5. That there shall be no sound amplification used outside the structure. 6. That all improvements be constructed as 're- quired by Ordinance and the Public Works Department. 7. That the applicant shall provide for.the dedication of right -of -way along the southerl boundary of the property as indicated on the attached Exhibit 1 to allow for the widening of West Coast Highway, if the City initiates abandonment.proceedings for the alley as • shown.in Exhibit 1. 8. That all.mechanical equipment and trash enclosures shall be screened from adjoining properties and from adjoining streets. Request to construct a combined commercial - residential structure in the C -1 District, which contains two residential dwelling units on the second floor and commercial area. on the ground floor. A.modification to the Zoning Code is also requested since a portion of the required parking spaces are tandem spaces (where the Code requires that all parking spaces in.the C- 1.District.shall be independently accessible and usable) and encroach into the required 10 foot rear setback adjacent to a 15 foot alley. • IIIIIIII "" INDEX us �x �o:S) ED X Sim xw April 23, 1981 Of Beach MINUTES INDEX LOCATION: Lots 3 and 4, Block 9.,.Balboa Island located at 504 South Bay Front, on the northeasterly side of South Bay Front between Opal Avenue and Agate Avenue on Balboa Island. ZONE: C -1 APPLICANT: Fleetwood B. Joiner, Huntington Beac OWNERS: Ed.Ziemer and Bruce Chandler, Balboa The public hearing opened in connection with thi item and Mr. Fleetwood Joiner, the applicant, stated that he was in agreement with the staff report recommendation. In response to a question posed by Commissioner Allen,. Mr. Joiner stated that the commercial area • has been reduced in order to include the setbacks which are substantial. He stated that the resi- dential area is larger by including a loft in the attic area, but without exceeding the height limit. Mr. Bill Hardesty, Zoning Chairman of the Balboa Island Improvement Association, stated that the Association endorses approval.of this project with a unanimous vote. Commissioner Beek stated that the appropriate residential zoning on'Balboa Island is R -1.5. He stated that this proposed development should be required to conform to the R -.1.5 standards. He stated that the R -1.5 standard requires one garage space per unit to be counted as part of the floor.area, which was not done on this pro- ject. He.added that the R -1.5 standard was adopted to prohibit the building of such a large residential unit on the Island. Mr. Hardesty referred to the previous letter from the Balboa Island Improvement Association April 23, 1981 MINUTES �x In y City of Newport Beach INDEX and stated that the R -1'.5 referenced the allowabl floor area under the R-41.5 District. Commissioner Beek stated that theother side of the issue must be reviewed. He suggested that the Association should review this item again, as they are violating the standards for the development of Balboa Island. Motion Motion was made to continue this.item to May 21, Ayes X X 1981, so that the Balboa Island Improvement Assoc Noes X X X iation may have the opportunity to review this item again, which MOTION CARRIED. Request to change the operational characteristics of an existing restaurant so as to allow the sale of alcoholic beverages in conjunction with the res.taurant operation. • LOCATION: Lots 1 and 2, Block 219 of Section "A ", Newport Beach, located at 1900 West Balboa Boulevard on the northwesterly corner of 19th Street and West Balboa Boulevard, on the Balboa Peninsula. ZONE: C -1 APPLICANTS: Francis Ursini and Michael Potoma, Balboa OWNERS: Same as applicant The public hearing opened in connection with this item and Mr. Potoma, the applicant, referred to Condition of Approval No. 3 and requested that the requirement for the kitchen exhaust fan to control odors and smoke be deleted. He stated that this wouldbe difficult to design because of the existing design of the hood.exhaust. Plannin Director Hewicker stated that in most instances, 10 11111111 -19- April 23, 1981 � pp 5- O ca g D , � � yr City of Newport Beach MINUTES MLL CALL I III Jill I INDEX this is a requirement on new restaurants. The applicant stated that he is only proposing to add the sale of beer and wine to his restaurant. Commissioner McLaughlin asked staff to explain the. use of a,mirror -for traffic purposes. Mr. Don Webb, Assistant City Engineer, stated that a mirror could be utilized in conjunction with the rear drive exit onto 19th Street, to give the vehicles and pedestrians. adequate warning. He stated that this solution. would not require a modification to the building. Mr. Potoma stated that this would be agreeable to him. Commissioner Beek stated that only 9 parking spaces are being required,. whereas 28 spaces would be required under the current parking standards. He suggested that if a.plan is . established to build City parking lots, the applicant be required to make up one -third of his deficit, or 6 in -lieu parking fees. M *on X Motion was made for approval•of Use Permit No. 1982, subject to the findings and conditions of Exhibit "A ", deleting Condition No. 3 which requires the control of odors and smoke. Amendment X Amendment to the motion was made by Commissioner Beek to add Condition No.. 8 as follows: 8) That the applicant pay for 6 in -lieu parking spaces. Commissioner McLaughlin stated that she would not accept this amendment to her motion. Ayes X X Amendment was now voted on, which AMENDMENT FAILE Noes k X 1A All Ayes X X X XK Motion by Commissioner McLaughlin was now voted on as follows, which MOTION CARRIED: FINDINGS:' 1. The proposed restaurant is consistent with the.General Plan, and is compatible with surrounding land uses. The Police Department has indicated that they do not contemplate any problems. • 11111111 -20- w 7 0 41 n�i April 23, 1981 m MINUTES INDEX 3.. The project will not have any significant environmental impact. 4. That the proposed change in the operational character of the existing restaurant so as to include the service of beer and wine as an incidental use, will not substantially increase the parking demand of the restaurant 5. The approval of Use Permit No. 1982 will not, under the circumstances of this case be detrimental to the.health, safety, peace, morals, comfort, and general welfare of per- sons 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.plans, except as noted below. 2. That all mechanical equipment and trash areas shall be screened from public streets, or adjoining properties. 3. The kitchen hood system shall have an auto- matic fire protection system installed. 4. That building permits shall be issued for all new construction. 5. That all improvements in the public rights - of -way be constructed as required by ordinanc and the Public;Works Department. 6. That the existing wall and latice at:.the corner of West Balboa..Boulev.ard and 19th Street be modified.to the satisfaction of the Public Works Department to improve sight distance. 7. That sight distance be provided to the satis- faction of the Traffic Engineer at the rear drive exit to 19th Street. -21- n = a: n 3' NON G April 23, 1981 Of Beach "MINUTES RPLL CALL I 1 1 1 III I I INDEX n LI Request to permit unit residential garage spaces on the R -2 District. the construction of..two, condominiums and .related two adjoining lots located two- in AND AND Request to create two parcels of land for resi- dential condominium purposes, where two lots [tem i presently exist so as to permit the construction of two, two -unit condominium projects, on ad- . joining lots, on property located in the R -2 ESUB- District. FTM LOCATION: Lots 5 and 7., Block 443, Corona del Mar, located at 407 and 409 Poppy Avenue, on the.westerly side of Poppy.Avenu.e between East 30TH Coast Highway and Second Avenue in UPROVED Corona del Mar. ONDI- ZONE: R -2 APPLICANTS: James F: Davies and Ben Schulkin, Corona del Mar OWNERS: . Same as applicants ENGINEER: Gary Siegel, Tustin Agenda: °Item Nos 7 and 8 we -re heard concurrently due.,to their,relationship- The public hearing opened in connection with these items and Mr. Brion Jeannette, architect for the project, stated that they are in agreement with the recommendation of the staff report. Commissioner Beek stated. that each of the con- dominium units constitute a single- family dwelling and therefore, two parking spaces should be re- quired for each,unit, as required by the Parking Code. 0 11111111 -22 NN\1nIIJIVtK�P April 23, 1981 `� U) W ( m U) x w U City of Newport Beach R MINUTES INDEX Planning Director Hewicker stated that,the Code, requires a total of 1 1/2 parking spaces per dwelling unit. He added that this is a two dwelling unit structure, which will require three parking spaces. Commissioner Beek stated that nevertheless, each of the parcels will now have two single- family homes, consituting four owners. Mr. Burnham, Assistant City Attorney, stated that the staff is correct in their calculations for the parking requirement. Motion X Motion was made for approval of Use Permit No. Ayes X XK X X - 1983 subject to the findings and conditions of Noes X Exhibit "A" as follows, which. MOTION CARRIED: FINDINGS: 1. That eachof.the proposed units has been de- s0 11111 11 igned as a.condominium with separate and individual utility commections. 2. The project complies 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 area requirements -i.n effect at the time of 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 con- dominium development. 6. The .establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular 9 April 23, 1981 11 �n City of Newport Beach MINUTES RRLL CALL I I I I Jill I INDEX 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 in- jurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con- formance with the approved plot plan, floor plans and elevations, except as noted below. 2. That some form of wall, raised.planter, trash enclosure or other device approved by the Planning,;Director shall be constructed within the 5' area behind the required 5' rear yard setback area on property located at 407 Poppy Avenue. • 3. That all the conditions of Resubdivisi.on No. 682 shall be fulfilled. Motion tlXIXIXIMotion was made. for approval of Resubdivision No. Ayes X X 682 subject to the findings and conditions of Noes Exhibit "A" as follows, which MOTION CARRIED:. FINDINGS: 1. That the maps meet the requirements of Title 19 of the.Newport Beach..Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2;. That the proposed resubdivision presents no problems.from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. I I I( I I I I -24 COMMISSIONERS] April 23, 1981 . MINUTES x 510 m� Of i 2. That all improvements be constructed as required by ordinances and the Public Works Department. That each dwelling unit be serviced with individual sewer laterals and water services unless otherwise.approved by the Public Works Department. That all vehicular access to the property be from the alleys. 5. That the existing tree damaged concrete sidewalk and curb along the Poppy Avenue frontage be reconstructed and that the Parkway trees be root pruned or removed and replaced as recommended by the Parks, Beaches and Recreation Department. 6. That a standard subdivision agreement and accompanying surety be provided to guarantee • the satisfactory completion of the public improvements, if it is desired to obtain a building permit or record the parcel map prior to the completion of the public im- provements. Request to permit the construction of a commer: cial art gallery and related offices that exceeds the basic height limit within the 32/50 Foot Height Limitation District. The proposal also includes .a modification to the Zoning Code so as to allow a wall and landscaped planter to encroach ten feet into the required 10 foot rear setback, adjacent to a 20 foot alley, and the acceptance of an Environmental Document. LOCATION: Lot l., of Tract No. 443,, located. at 522 North Newport Boulevard, .on the southeasterly corner of North Newport.Boulevard and Fif -. teenth.Street, in the Old Newport Boulevard area. • -25- MR] 01 APPROVED CONDI- TIONALLY COMMISSIONERS April 23, 1981 MINUTES 1w City of Newport Beach L CALL INDEX ZONE: C -1 APPLICANT: Ladd, Kelsey, Woodard, AIA, Newport Beach OWNER: Eugene Spiritus, Newport Beach The public hearing opened in- connection with this item and Mr. Woodard, representing the applicant, appeared before the Commission. Mr,. Woodard refe.r.red to the site plan and the two walls in the parking area. He stated that the 8 —inch clearance for these two particular walls was an oversight.on the architectural plans. He stated that this will not negatively impact the staff's alternate parking lot design. He added that these two walls are necessary to enclose the parking stall. He presented a model of the pro- posed project to the Commission. 10 Commissioner Beek asked Mr. Woodard if these were bearing walls, necessary to support the 1111buildin.g. Mr. Woodard concurred. Mr. Woodard referred to Condition of Approval No. 3, relating to a 10 foot rear setback. He stated that this particular wall is designed as a continuation of the structure itself. He stated that elimination of the wall to meet this requirement will impact the street scene. He stated that this wall will not obstruct parking, accessibility to the site and requested that this condition be deleted. Mr. Don Webb, Assistant City Engineer, stated that this is `a condition of the Public Works Department. He stated that the wall is at the alley line and Oill cause a visibility problem for cars and pedestrians. He stated that the alley is relatively narrow and 15th .Street slopes which further impairs visibility. Mr. Woodard stated that the intensity of use in the alley is minor. He also stated that planters IIIIII11 -26- April 23, 1981 MINUTES 0 City of Newport Beach L CALL INDEX are included at the top of this wall, which is an integral part of the design of the building. Mr. Webb stated that the wall is located immedi- ately adjacent to a parking stall which may creat a hazard for the cars when backing out. In response to a question posed by Commissioner Beek, Mr. Woodard stated that their need for delivery trucks would be very minor in nature. In response to a question posed by Commissioner Allen, Mr: Webb stated that the utilization of a lower.wall height would not solve the.visibili problem. Planning Director Hewicker stated that the staff' recommendation is consistent with the City's policy on the requirement for 1O.foot setbacks on commercial uses, particularly when adjoining residential areas in Newport Heights. • Commissioner Beek asked if a 2' to 3' wall pro= jection would be compatible,with the aesthetics of the project. Mr. Woodard stated that this may be a helpful compromise. 'Mr. Webb stated that a 2' projection would be acceptable. Ms. Pat Strang, representing the Newport Heights Improvement Association, stated that they support the provisions of the staff report, in that the alley serves as a buffer between the commercial development and residential area. She stated that they would not like to see an encroachment into the alley. Mr. Bob Pearson, resident.adjacent to the area, stated that the alley is very narrow and that he would object to any encroachment thereof. He also stated -that there inay not be adequate park- ing for the commercial use. Motion X Motion was made to approve Use Permit No. 1984, subject to the findings and conditions of Exhibit "A ", including a revAsibn to the walls in the parking lot a:s. suggested -by the applicant. • I I I I -27 -. COMMISSIONERS April 23, 1981 :MINUTES ' a OI m3oao�n City of Newport. Beach L CALL INDEX Amendment X Amendment to the motion was made to delete Con- dition No. 23, as this is a .duplication of Condition No. 4; Condition No. 21 be revised to delete the word "should" and replace with "shall "; and, Conditi.on No. 22 first line to read, "That an erosion and siltation control plan, if re.- Acceptance X qui.red, shall be approved. " Commissioner McLaughlin accepted.this amendment to her motion. Amendment X Amendment to the motion was.made to provide that Ayes X X X XX the rear wing walls be permitted to extend two Noes X X feet out from the building,.maintaining an 8 -foot setback from the alley, which AMENDMENT CARRIED. All Ayes X X X X XX X Commissioner McLaughlin's amended motion was now voted on, which AMENDED MOTION CARRIED as follows: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is • compatible with surrounding land uses. 2. The project will not.have any significant environmental impact. • 3. The increased building height will result in more public visual open space and views than is required by the basic height limit inas- much as a ±36.5 foot front yard setback is proposed where no setback is required. 4. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appeali.n visual character of the area than is required by the basic height limit. . 5. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 6. The structure will have no more floor area than could have been achieved without the use permit for the building height. CUMM1551UNW5 April 23, 1981 MINUTES 0 0 x a o L D y N City of Newport Beach CALL INDEX 7. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 8. That the establishment of.the.approved 2' en- croachments in the required ten foot alley setback 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 and 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. 9. The approval of Use Permit No. 1984 will not, under the circumstances of this case be detrimental to the health, safety, peace, • morals, comfort and general welfare of per- sons residing and working in the neighborhood or be detrimental of 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 plans, and.elevations, except as noted below. 2. That the development shall be in accordance with the alternate parking lot design as recommended by staff, and attached hereto. 3. That a clear unobstructed eight (8) foot rear setback shall be provided along, the full width of the site, which will permit a rear wing wall:and a raised landscape planter -into the•10 foot rear yard. I I I I I I I I 29 COMMISSIONERS1 April 23, 1981 K a City of Newport Beach 3 w F f/i 7 MINUTES INDEX 4. That any proposed exterior lighting system shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent streets and residential areas That all improvements be constructed as re- quired.by Ordinance and the Public Works Department. 6. That a 15 -foot radius corner cutoff at the corner of 15th Street and North Newport Boulevard be dedicated to the public. 7. That street improvements (curb, gutter; sidewalk and pavement) be constructed along the North Newport Boulevard and the 15th Street frontages and that the existing un- improved 20 foot alley adjacent to the parce be improved with concrete The improvement plans shall be prepared by a licensed Civil Engineer using the City's standards. • 8. That a standard use permit agreement and accompanying surety shall be provided to guarantee the satisfactory completion of public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. That the proposed driveway shall be con- structed in accordance with City Standard Plan 160 -L with a minimum width of 24 feet. 10. The project be designed to conform td.Title 24, Paragraph G, Division T -20, Chapter 2, Subchapter 4. 11., Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and in accordance with City.Policies K -6 and K -7. 12. Final design of the project shall provide for the incorporation of water - saving devi . for project lavatories and other water - using facilities.. -30- COMMISSIONERS April 23, 1981 MINUTES City of Newport Beach L CALL INDEX 13. The final. des i.gn,of the project shall provide for the sorting of recyclable material from other solid waste. 14. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives.' 15. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 16. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 17. The landscape plan shall include a main- tenance program which controls the use of fertilizers and pesticides. • 18. The landscape plan shall place.heavy emphasi of the use of drought - resistant native vege- tation and be irrigated via a system designed to avoid.surface..runoff and over - watering. 19. That a grading plan, if required, shall in- clude a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris and other water pollutants. 20. The grading permit shall include, if re- quired, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impact of haul operations. 21. An erosion and dust control plan, if re- quired, shall be submitted and be subject to the approval of the Building Department. -31- 0 COMMISSIONERS1 April 23, 1981 MINUTES 5. 0 3In�y� CI Of r INDEX 22. That an erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board. -Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. Request to permit the construction of a resi- dential dwelling unit in conjunction with a two - story office and retail commercial building located in the C -1 District. A modification to the Zoning Code is also requested since a portion of the required, parking spaces are tandem spaces (where the Code requires that all parking spaces in the C -1 District shall be independently accessible and.usable) and a second floor.deck is proposed to encroach 8' into the required 10' rear yard: This application also includes the • I I I I I I acceptance of an environmental document. LOCATION: Lot 24 and a portion of Lot 23, Block 23 of Newport Beach Tract, located at 119 23rd Street on the northwesterly side of 23rd Street between West Balboa Boulevard and West Ocean Front, adjacent to McFadden Square. ZONE: C -1 APPLICANT: Pascal H. Burke, Santa Ana OWNER: Rick Ruiz, Santa Ana The public hearing opened in connection with this item and Mr. Pascal Bu.rke, representing the owner, stated that they are in agreement with the staff recommendation. Motion x Motion was made to approve Use Permit No. 198.5 subject to the`f.i.ndings and conditions of the staff report. . -32- April 23, 1981 MINUTES The approval of Use Permit No. 1985 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 with the approved plot tions, except as noted -33- be in substantial conformance plan, floor plans and eleva- below. �Fw eq 5,0 ' City of Newport Beach L CALL INDEX Amendment K Amendment to the motion was made to revise Con- dition of Approval No. 4 as follows: 4) That all off-street parking spaces shall be kept free Acceptance X and clear for vehicular storage. Commissioner McLaughlin accepted this amendment:to her motion. All Ayes X X X X X Commissioner McLaughlin's amended motion was-now --: — voted on, which AMENDED MOTION CARRIED as follows FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environ- mental impact. 3. That the proposed development substantially meets or exceeds the development standards of the C -R District (building height, parking spaces, • buildable area, etc.). 4. That the establishment of tandem parking spaces on the site and a 5 foot encroachment on the second floor of the structure in the 10 foot rear yard, will not, under the circumstances of the particular case, be detrimental to the health, safety, peace,. comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and .improve- ments in the neighborhood or the general welfare of the City and further that the.proposed modifications are consistent with the. legislative intent of Title 20 of this Code. The approval of Use Permit No. 1985 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 with the approved plot tions, except as noted -33- be in substantial conformance plan, floor plans and eleva- below. April 23, 1981 MINUTES ao i ' F I W City of Newport Beach h,_�LL CALL INDEX 2. That.a minimum of.six (6) off - street parking spaces (including three (3) .tandem spaces) shall be main- tained at all times for the commercial use of the property. 3. That one tandem parking space and the accessible parking space in front of said tandem parking space shall be reserved for the proposed residential unit at all times. 4. That all off - street parking spaces shall be kept free and clear for vehicular storage. 5. That a minimum 24 foot back- up.area and access aisle shall be provided along the full width of the pro- perty, adjacent to the rear alley, Said back -up area may include all or a portion of the existing. 10 -foot alley. 6. That the proposed second floor deck shall be re- designed so as to maintain a minimum 5 foot rear yard setback adjacent to the alley. 7. That all mechanical equipment and trash areas shall be screened from public streets, alleys or ad- joining properties. 8. That a resubdivision be processed and a parcel map be filed. 9. That all improvements.be constructed as required by Ordinance-and the Public Works Department. 10. That the residential unit have a separate sewer lateral and.water service from that of the retail commercial portion of the building. 11. That all vehicular access be taken from the alley. 12. The project be designed to conform to Title 24, Paragraph G, Division T -20, Chapter 2, Subchapter 4. 13. Final design of the project.shall provide for the incorporation of water- saving devices for project lavatories and other water -using facilities. -34- K o x �n GD DC3 m F N 7 April 23, 1981 Of MINUTES IWLCALLI 111 1111 1 INDEX 14. The final design of the project shall provide for the sorting of recyclable material from other solid waste. 15. 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. 16. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. 17. The project shall be so designed to eliminate light . and glare spi.11age.on adjacent uses. 18. The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all leases or sub- leases for space in the project and shall be in- cluded in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: .a) The Orange County Airport may not be able to provide :. adequate air service for business establishments which rely on such services; b) When an alternate air facility is available, a com- plete phase out of jet service may occur at the Orange County Airport; c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the . Orange County Airport; d) Lessee, his heirs, successors and assigns will hot actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the Orange County Airport. • IIIIIIII -35- ' 3 0CDR D H X w April 23, 1981 z t Beach MINUTES Request to establish a car sales and service facility in the C -1 -H District. LOCATION: Lots 39 thru 42 of Tract 1210, located at 1200 West Coast Highway on the northerly side of West Coast Highway across from the Balboa Bay Club. ZONE: C -1 -H APPLICANT: Trend Imports Sales, Inc., Hermosa Beach OWNER: Tract 1210 Lts., A California Partnership, Corona del Mar Planning Director Hewicker recommended that a condition be added to the use permit to reflect that the applicant obtain a dealers license through the Department of Motor Vehicles speci+ • fically for this location. Mr. Burnham, Assistan City Attorney, stated that this fs a recommenda- tion of the Police Department. In response to a .question posed by Commissioner Thomas, staff responded that this proposal is not located within the Coastal Zone. • The public hearing opened in connection with this item and Mr. Philippe. Stoner, representing the applicant, appeared before the Commission. Mr. Stoner referred to Condition of Approval No. 6 and stated that the applicant is the lease- holder on_ly;.and therefore can not dedicate the 12 foot strip. He stated that the property owner has indicated in.their letter of April 23, 1981, that they have no desire to dedicate this 12 foot setback. Mr. Stoner added that the applicant has already applied for the Department of Motor Vehicle licensing for the subject property. Mr. Burnham asked Mr. Stoner if it would be acceptable to revise Condition No. 6 to indicate the-applicants interest only, meaning the lease- !"is INDEX K �° R ic M ok (app d 7 N x (A 3 April 23, 1981 z Beach MINUTES IIeLL CALL I III Jill (INDEX hold interest held by the applicant. Mr. Stoner stated that according to the terms of the lease, the applicant can not sign over any interest, without the agreement of the property owner. In repsponse to a question posed by Commissioner Beek, Mr. Burnham stated that dedicating the applicant's interest only, would not constitute an assignment, which is generally prohibited by a lease. Mr. Stoner requested that Condition No. 6 reflect specifically the leasehold interest only. Mr. Burnham.stated that this wording would be acceptable and should also include a provision that should the applicant obtain an interest greater than the leasehold, that it would also be dedicated at such time as the strip were to be required by the City for the widening of West Coast Highway. • Mr, Stoner asked if this is a condition which is normally applied to developments. Chairman lHaidinger responded yes. Commissioner Allen referred to Condition No. 2 relating to the landscape plan and the usage of palm or eucalyptus trees. Mr. Stoner stated that it is their desire to plant palm trees, so as to not obstruct the view from Kings Road. Commissioner All.en recommended eliminating the eucalyptus trees. Motion X Motion was made for denial of Use Permit No. 1987 in that the dedication can not be. obtained, and the establishment of a Ferrari car dealership may not be the best use of the land. M.r..Stoner stated that this will not strictly be a Ferrari dealership, but will also be an importe of rare cars which are not currently represented in the area. Ayes X X X Commissioner McLaughlin's motion for denial was Noes X X now voted on, which MOTION FAILED. IIIIIIII -37- April 23, 1981 o W D y 2 1 City of Newport Beach MINUTES IWL CALL I III III I 1 INDEX Motion X . Motion was made for approval of Use Permit No. Ayes X X X X 1987 subject to the findings and conditions of Noes X X Exhibit "A "., including the.foll.owing revisions: Condition No. 6 to reflect, . the applicant shall dedicate to the City for street and high- way.purposes,;the applicant's interest in a 12 foot wide strip of land. . . "; Condition No. 2, reference to the palm or eucalyptus trees or similar types be amended; and, add Condition No. 9 to reflect that the applicant obtain a dealers license through the Department of Motor Vehicles specifically for this location, which MOTION CARRIED as follows: • 11111111 -38- FINDINGS:. 1. That the proposed use is consistent with the Land.Use.Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant • environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 1987 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of person residing and working in the neighborhood or be detrimental or injurious to property or improvements in-the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development, including signs, shall be in substantial conformance with the approved plot plan, floor plans, and elevations, except a.s noted below. 2. That a landscape plan shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said landscaping • 11111111 -38- COMMISSIONERS April 23, 1981 MINUTES 0 a r 2 City of Newport Beach L CALL INDEX shall consist of minimum 15 gallon sized palm t in existing planters along West Coast Highway Said landscaping shall be continuously main- tained. 3. That all mechanical equipment and trash areas 8. That the applicant provide.any easements necessary to install traffic signal com- ponents to signalize the applicant's drive. 9. That the applicant obtain a dealers license through the Department of Motor Vehicles, specifically for this location. 40 11111111 -39- shall be screened from adjoining properties and from West Coast Highway. 4. That the illumination of the open automobile display area shall be maintained in such a manner as to .eliminate direct light and glare on adjoining properties and from West Coast Highway.. A timing device shall turn off all lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 5. That all public improvements be constructed as required by Ordinance and Public Works Department. . 6. That prior to the A ssuance of the use permit, the applicant shall dedicate to the.City for street and highway purposes, the applicant's interest in a 12- foot wide strip of land adjacent to Coast Highway and across the Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. 7. That the westerly drive be closed at the time a traffic signal is installed to.serve the easterly drive and the Balboa Bay Club entrance. 8. That the applicant provide.any easements necessary to install traffic signal com- ponents to signalize the applicant's drive. 9. That the applicant obtain a dealers license through the Department of Motor Vehicles, specifically for this location. 40 11111111 -39- vvvv�i��wrvciv April 23, 1981 90G)> p City of Newport Beach MINUTES INDEX Request to permit the installation of outdoor lighting on 24 foot high ± standards in con - junction.with .four tennis courts in San Joaquin Hills Park. PERMI LOCATION: Record of Survey 88 -34, located at 2901 San Joaquin Hills Road on the southeasterly corner of San Joaquin Hills Road and.C.rown. Drive North, in the Jasmine Creek Planned . Community. ZONE: P -C APPLICANT: City of Newport Beach OWNER: Same as applicant Motion X Motion was made for approval of Use Permit No. 1989, subject to the findings and conditions of . Exhibit "A" in the staff report. • Commissioner Balalis noted that a representative from the Parks, Beaches and Recreation Department was not present for this item. Commissioner Allen stated that these courts are completely surrounded on two sides by 2 -story residences which directly overlook these courts. She stated that assurances are needed that there will be no light spillage from this use. Plannin Director He.wicker stated that there will be no problem with the lighting. Commissioner Allen stated that she would also like assurances that the residents within 300 feet of the proposed project have been properly. notified. Substitute Substitute motion was made to continue this item Motion X to the meeting of May 7, 1981, to be the third Ayes X X X X X item on the agenda, which Substitute MOTION Noes CARRIED. 0 Motion Ayes Noes • m CL 7X� N F <p April 23, 1981 z i'o r 'MINUTES INDEX Request to .create four (4) parcels of land for commercial and office development in Koll Center Newport. LOCATION: Parcel 2 of Parcel Map 1.14/19 -21 RE (Resubdivision No. 567), located DI' on property bounded by Birch Street NO on the north, Von Karman on the east and south, and MacArthur Boulevard on the west, in Koll Center Newport. AP ZONE: P -C APPLICANT: Aetna Life Insurance Company Newport Beach OWNER: Same as applicant. ENGINEER: Robert Bein, William Frost & Associates, Newport Beach. The public hearing. opened in connection with this item and Mr. John Richards, representing the engineer, stated that they are in agreement with the staff recommendation. Commissioner Beek stated that he will be voting no for an approval of this item., inasmuch as this hotel was illegally approved.by the City Council in violation of the City's. Campaign Contribution Ordinance. II tl Motion was made. for X No. 683, subject to X of the staff report CARRIED: FINDINGS: approval of Resubdivision the findings and conditions as follows, which MOTION 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. -41- COMMISSIONERS April 23, 1981 x pppp 'xo°�n � m 2 2 City of Newport Beach CALL That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by ordinance and the Public Works Department. MINUTES That an 8 -foot wide P.C.C. sidewalk be constructed on the easterly side of MacArthur Boulevard from Von Karman Avenue to join,the existing sidewalk now ending 900± feet northerly of Von Karman Avenue`. The sidewalk may meander to minimize the removal of trees and grading of berms. 4. That a 5-to-6-foot wide (6 -foot wide when adjacent to the curb) P.C.C. sidewalk be • constructed on the westerly side of Von Karman Avenue and Birch Street to MacArthur Boulevard in a meandering easement for pedestrian purposes. The sidewalk shall be constructed to minimize the removal of trees and grading of berms. 5. That a standard subdivision agreement with accompanying surety.be provided to guarantee the satisfactory completion of public im- provements within 12 months if it is desired to record the parcel map prior to completion of the public improvements. 6. That the final design of the on -site pede- strian.circulation system be reviewed and approved by the Public Works Department and the Planning Department. 7. That the location of fire hydrants be re- viewed and approved by the Fire Department and Public Works Department. -42- i INDEX 1w 50 CDR In (D w April 23, 1981 07.1 Beach MINUTES INDEX 8. That the final design of the on -site parking be reviewed by the Planning Department and the Public Works Department. 9. That each building shall be provided with individual.connections to the public water and sewer facilities. 10. That all vehicular access rights to MacArthur Boulevard be released and relinquished to the City except for the existing access. ADDITiONAL BUSINESS Temuorary Use.for the "Flower Man" Planning Director Hewicke.r referred to his memo . dated April 23, 1981.and stated that Mr. Porto, the "Flower Man ", has requested a temporary use for a flower concession facility ^located-on the former Bank of Newport site, not to exceed ninety days Mr. Joe Porto, the applicant, explained the nature of his request. He submitted pictures of the sign he will be using and also presented the plans for his future development. In response to a question posed by.Commissioner Balalis, Mr. Porto stated that at this time, he is only requesting a temporary use for ninety days, until he can submit his plans for a use permit. He requested that this temporary use be approved in time for Mothers' Day. Commissioner Allen asked Mr. Porto to explain the water source and the location of the rest room facilities.. Mr. Porto stated that there is a spigot available to the site and that he has secured the use of a nearby restroom facility. Commissioner Allen expressed her con- cern for landscaping on the site. Mr. Porto - stated that he will be maintaining the land • scaping on the site. -43- �x April 23, 1981 Of Beach MINUTES Il191V Motion IIX[III[I Motion was made to direct staff to approve a Ayes X X X X temporary use for the Flower Man as requested Noes in the staff memo of April 23, 1981 as follows, Abstain X which MOTION CARRIED: CONDITIONS: 1. That the use shall be located behind the ultimate right -of -way line for East Coast Highway. 2. Sales shall be limited to cut flowers and small plants. 3. There shall be a maximum of one double -faced sign to be located in the existing fixture on the site. Said sign shall:not be illu. -.i:. minated. 4. The site shall be maintained in a clean and orderly manner. 5. The existing landscaping shall be maintained. 6. All merchandise shall be removed after normal business hours. . 7. That the applicant shall secure the use of a nearby restroom facility. 8. That this approval.shall terminate in ninety days. 9. Upon termination of this permit, the painted risers and sign face shall be removed from the site and.the premises restored to a neat and orderly condition. Motion K Motion was made for an.excused absence for Com- All Ayes missioner Cokss from the Planning Commission Meetings of May 7, 1981, and May 21, 1981, X X X IT which MOTION CARRIED. • IIIIIIII -44- ' COMMISSIONERS w • April 23, 1981 Nn Beach There being no further business, the Planning Commission adjourned at 11:55 p.m. George Cokas, Secretary Planning Commission City of Newport Beach -45- MINUTES INDEX