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HomeMy WebLinkAbout05/05/1988COMMISSIONERS 0 Nm�m �9yo�,c C2 REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: May 5, 1988 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present Chairman Pers6n was absent. Absent * EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of April 21. 1988: Minutes of Acting Chairman Pomeroy referred to page 24, paragraph 4 4 -21 -88 of the April 21, 1988, Planning Commission Minutes, and • he requested that "to construct" be modified "to process plans for ", and "changed" be modified to "were ". Motion Motion was made and voted on to approve the amended Ayes * * * * * * April 21, 1988, Planning Commission Minutes. MOTION Absent * CARRIED. Public Comments: Public No persons came forth to speak on non - agenda items.. Comments Posting of the Agenda: osting of he Agenda James Hewicker, Planning Director, stated that the Planning Commission Agenda was posted on Friday, April 29, 1988, in front of.City Hall. COMMISSIONERS ydG ,Ao9�-rD 9y 9� CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX Request for Withdrawal: Request for Withdrawal James Hewicker, Planning Director, stated that Item No. 1, Resubdivision No. 863, S.D.C. Development, located at 1600 Bison Avenue, has been withdrawn by the applicant. Resubdivision No. 863 (Continued Public Hearing) Item No.l Request to resubdivide one lot into four parcels of land 8863 for commercial development. Withdrawn . LOCATION: Lot 6, Tract No. 12309, located at 1600 Bison Avenue, on the northwesterly corner of Bison Avenue and MacArthur Boulevard, in the North Ford Planned Community. ZONE: P -C • APPLICANT: S.D.C. Development, Corona del Mar OWNER: The Irvine Company, Newport Beach ENGINEER: Hunsaker & Associates, Irvine James Hewicker, Planning Director, stated that this item has been withdrawn by the applicant. Resubdivision No. 868 (Public Hearing) Item No.2 Request to resubdivide an existing lot into a single 8868 parcel of land for two family residential condominium development on property located in the R -2 District. Approved LOCATION: Lot 9, Block 735, Corona del Mar, located at 709 Iris Avenue, on the northwesterly side of Iris Avenue, between Fourth Avenue and Fifth Avenue in Corona del Mar. ZONE: R -2 APPLICANT: Bert W. Tarayao, Corona del Mar • OWNER: Barbara Clauss, Corona del Mar ENGINEER: Duca- McCoy, Inc., Corona del Mar -2- COMMISSIONERS °qo v��v CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Bert Tarayao, applicant, appeared before the Planning Commission. Mr. Tarayao referred to Condition No. 8 which states "that the applicant shall pay an in -lieu park dedication fee of $6,894.37 prior to the recordation of the parcel map. ", and to Finding No. 5 which states "that in -lieu park dedication fees are required for each additional dwelling on the subject property.... ", and he asked if the said fee would be required for each proposed dwelling? James Hewicker, Planning Director, explained that an in -lieu park dedication fee is required in accordance with the in- lieu park fee ordinance, and that as a condition the applicant is notified that an in -lieu park fee is required when the applicant applies for a building permit or records the parcel map. He said that the Planning Commission or the City Council does not have the ability to waive, increase, or decrease said fee. Mr. Hewicker stated that the subject property currently consists of one dwelling unit, and inasmuch 'as the • applicant is given credit for the existing unit, the applicant would only be required to pay said fee for one additional dwelling unit. Mr. Tarayao stated that he concurs with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Resubdivision No. 868 subject to the findings and conditions in Exhibit "A ". In response to questions posed by Acting Chairman Pomeroy, Mr. Hewicker replied that no in -lieu park fee would be required if two existing units on a parcel were removed and an applicant would apply for a resubdivision to construct a two unit residential condominium project on the site, and if a subdivision consisting of 50 lots or less would be requested, then either a fee, a dedication of land, or a combination of both would be 'required. In response to a question posed by Commissioner Winburn, Mr. Hewicker replied that a condition regarding the in- lieu park dedication fee will be included in future resubdivision conditions of approval. Motion was voted on to approve Resubdivision No. 868, es * * * * * subject to the findings and conditions in Exhibit "A ". Absent * MOTION CARRIED. -3- COMMISSIONERS o. o� ymG9���N1p,,��(��o - q2 CITY OF NEWPORT BEACH MINUTES May, 5, 1988 ROLL CALL INDEX FINDINGS: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. 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. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That in -lieu park dedication fees are required for • each additional dwelling on the subject property in accordance with Section 19.50.030 of the Subdivision Code. CONDITIONS: 1. That a parcel map be recorded prior to occupancy and that the Parcel Map be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by . Ordinance and the Public Works Department. 3. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved. by the Public Works Department. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. That all vehicular access to the property be from the adjacent alley. • 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building -4- COMMISSIONERS 9 cyy Ncyyc � yo t CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX permit prior to completion of the public improvements. 7. That the deteriorated tree - damaged curb and sidewalk be reconstructed, and the tree root pruned or removed and replaced, as approved by the Parks,. Beaches and Recreation Department, along the Iris Avenue frontage, under an encroachment permit issued by the Public Works Department. 8. That the applicant shall pay an in -lieu park dedication fee of $6,894.37 prior to the recordation of the parcel map. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • Traffic Study No. 45 (Continued Public Hearing) Item No.3 Request to approve a traffic study so as to allow the Traffic construction of a nine story, 183,740 sq.ft, office Study #45 building on property located in Professional and Business Offices Site 5 in the Newport Place Planned Approved Community. LOCATION: Parcel 1 of Parcel Map 40 -31 (Resubdivision No. 319) and Parcel 1 of Parcel Map 83 -705 (Resubdivision No. 742) located at 1400 Dove Street, on the northeasterly corner of Dove Street and Newport Place Drive, in the Newport Place Planned Community. ZONE: P -C APPLICANT: MacLachlin Investment Company, Newport Beach OWNER: Same as applicant Mr. Don Webb, City Engineer, referred to the subject Traffic Study's revised Conditions No. 1 and No. 2 as • recommended by staff. He explained that inasmuch as the original Traffic Study included an improvement at the intersection of Jamboree Road and Campus Drive that had been conditioned by the City of Irvine on a committed -5- COMMISSIONERS s tIrr X CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX project that will not be developed, staff has suggested that the requirement to improve said intersection be moved to Condition No. 1 from Condition No. 2 so the applicant would be required to construct the intersection as a part of the Traffic Phasing Ordinance improvements. Mr. Webb stated that additional language has been included in Condition No. 2 to explain where the intersection improvement fees will be deposited and the purpose of said fees. Commissioner Debay asked if the.foregoing fees collected from the applicant will go into a general transportation fund? Mr. Webb replied that collected funds are deposited into the Circulation and Transportation Fund account and then said funds are drawn from said account to build the improvements. Commissioner Debay asked if an applicant would be allowed to build a project without any improvements at an intersection even if a fee has been paid? Mr. Webb replied if there is a program that would provide for the required improvements to be completed within ' four years, the Traffic Phasing Ordinance allows a contribution to the program to fulfill their obligation. Mr. Jerry King, J. A. King & Associates, 550 C Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. Mr. King stated that the applicant concurs with the findings and revised conditions No. 1 and No. 2 in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to questions posed by Acting Chairman Pomeroy, Mr. Webb replied that staff does not require applicants to submit traffic evaluations of intersections outside of the City of Newport Beach; that the bridge will be widened on Campus Drive by about 22 feet between Bristol Street North and Bristol Street; that Bristol Street North at Birch Street will consist of three through lanes plus a combination of a through lane /left turn lane onto Birch Street; Mr. Webb commented that two lanes may be restriped to three lanes at the off -ramp of the Corona del Mar Freeway; and that Bristol Street at Birch Street will require pavement widening. In reference to a question posed by Commissioner Debay regarding Finding No. 3, Mr. Webb explained that the Traffic Phasing Ordinance allows the contribution of a -6- COMMISSIONERS yA ;1^�0�mo�� 9 v G�y9 Nay9cC 0 .� - 9y CITY OF NEWPORT BEACH MINUTES May 5,:1988 ROLL CALL INDEX proportionate share if the project is programmed to be completed within four . years. The fee for the proportionate share would have to be deposited with the City prior to occupancy. He commented that the applicant is paying for their share of an improvement that would be guaranteed to be completed within the four year period. In response to a question posed by Commissioner Debay regarding the proposed project's completion date, Mr. Webb explained that the most critical improvement is the Campus Drive widening improvement, that the County of Orange is currently processing those improvements, and that the start of construction should be in approximately six to eight months. Mr. Webb stated that the construction time should be about one year, and that the completion date will probably occur at the same time as the occupancy of the proposed project. Motion * Motion was made and voted on to approve Traffic Study Ayes * * * * * * No. 45, subject to the Findings and modified Conditions Absent * No. l and No. 2. MOTION CARRIED. • FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S -1. 2. That the Traffic Study defines intersection improvements' which will improve the level of traffic service to an acceptable level at all critical intersections. The improvements outlined in the traffic study are very costly and involve right -of -way acquisitions and bridge construction which are considered to be beyond the scope of this project. 3. That the improvements identified at Campus Drive /Bristol Street, Campus Drive /Bristol Street North and Jamboree Road /Campus Drive are committed by other agencies, and are anticipated to occur prior to occupancy of the proposed project. • 4. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street upon satisfaction of the conditions -7- COMMISSIONERS y�G�y yNOyPC� � o - 9y CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX for approval. CONDITIONS: 1. That prior to the occupancy of the proposed project, the circulation system improvements to the intersections of Birch Street /Bristol Street, Birch Street /Bristol Street North and Jamboree Road /Campus Drive shall have been constructed, unless subsequent project approval requires modification thereto. The circulation system improvements shall be subject to the review and approval of the City Traffic Engineer. Should the County of Orange or City of Irvine budget and program these improvements so that they can be expected to occur within four years of the completion of this project, the applicant shall pay a proportional share of the improvement cost to the City of Newport Beach as determined by the City Traffic Engineer. Fees collected for intersection improvements will be deposited in the Circulation • and Transportation Fund of the City of Newport Beach and solely used for improvements to arterial roadways in the City's Circulation Element. 2. That prior to issuance of building permits, the applicant shall pay to the City of Newport Beach a proportional share of the costs of the improvements required at the intersections of Campus Drive /Bristol Street, and Campus Drive /Bristol Street North, as determined by the City Traffic Engineer. Fees collected for intersection improvements will be deposited in the Circulation and Transportation Fund of the City of Newport Beach and solely used for improvements to arterial roadways in the City's Circulation Element. • -8- COMMISSIONERS 0 0 �y CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX Resubdivision No. 866 (Continued Public Hearing) Item No.4 Request to resubdivide two existing parcels of land into 8866 a single parcel for office development on property located in Professional and Business Offices Site 5, in Approved the Newport Place Planned Community. LOCATION: Parcel 1 of Parcel Map 40 -31 (Resubdivision No. 319) and Parcel 1 of Parcel Map 83 -705 ( Resubdivision No. 742) located at 1400 Dove Street, on the northeasterly corner of Dove Street and Newport Place Drive, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Walden and Associates, Santa Ana OWNER: MacLachlin Investment Company, Newport Beach • ENGINEER: Same as applicant Don Webb, City Engineer, referred to Condition No. .7 regarding one drive opening on Dove Street and Newport Place Drive, and he requested said condition be modified to add "..unless otherwise approved by the Public Works Department." Mr. Webb explained that the applicant has indicated that the removal of the second drive opening on Dove Street would create a hardship. Mr. Jerry King, J. A. King & Associates, 550 -C Newport Center Drive, appeared before the Planning Commission on behalf of the applicant. Mr. King stated that the applicant concurs with modified Condition No. 7, and he explained that the applicant's concern was the loading and unloading at the site. Commissioner Merrill and Mr. King discussed the parking, vehicular and pedestrian congestion currently surrounding the Bank of America site, and the traffic circulation during and after construction of the proposed project. In response to a question posed by Acting Chairman • Pomeroy during the Traffic Study 45, Item No. 3, public hearing, Mr. King advised that when the proposed project was originally under consideration and subsequently approved by the Planning Commission on January 22, 1987, -9- COMMISSIONERS y�G�ti t�yP�C �o 9� CITY OF NEWPORT BEACH MINUTES May, 5, 1988 ROLL CALL INDEX the applicant investigated eight to ten intersections in other cities, primarily the City of Irvine, and the conclusive information became a part of the original Traffic Study. In response to a question posed by Commissioner Koppelman, Mr. King replied that the applicant will prepare on -site parking plans and review them with the Public Works Department and the Traffic Engineer so that the circulation surrounding the Bank of America site can continue to move freely, and he suggested an access on the north end of the site so as to move people in and around the construction area on a temporary basis. James Hewicker, Planning Director, suggested that Condition No. 5 could be modified to state "particular attention shall be given to interim needs of the bank during construction." There being no others desiring to appear and be heard, the public hearing was closed at this time. • * Motion was made to approve Resubdivision No. 866, Motion * * * subject to the findings and conditions in Exhibit "A" Ayes * * * * including the foregoing modified Conditions No. 5 and Absent No. 7. Motion was voted on, MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the public improvements may be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That Section 13.05.010 of the Newport Beach Municipal Code requires that public improvements be completed in commercial areas prior to the issuance of building permits for a new structure. 4. That the proposed development will cause an increase in traffic requiring the installation of a traffic signal at the intersection of Dove Street • and Newport Place Drive within the next five years. 5. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of _10_ COMMISSIONERS N\0 9c��0 9y CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 6. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works and Planning Departments. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each building 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 on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. Particular attention shall be given to the interim needs at the Bank of America site during construction. 6. That the intersection of the streets and drives be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscaping, walls and other obstruction 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 modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That unused drive aprons be removed and replaced with curb, gutter and sidewalk and that all • existing and proposed drive aprons be reconstructed as flared aprons per City Standard 166 -L if not presently City Standard 166 -L along the Dove Street and Newport Place Drive frontages. That all work -11- COMMISSIONERS 9 9 y�G �^ - -A -t y `C (�q2 CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX be completed under an encroachment permit issued by the Public Works Department, and that there only be one drive opening on Dove Street and Newport Place Drive, unless otherwise approved by the Public Works Department. 8. That a hydrology and hydraulic study be prepared by the applicant 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 recording of the parcel map. Any modifications 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. 9. That County Sanitation District fees be paid prior to issuance of any building permits. 10. That the Public Works Department plan check and inspection fee be paid. . 11. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and the Public Works Department. 12. That 1/3 of the estimated cost of a traffic signal for the intersection of Dove Street and Newport Place Drive be paid for by the development, if traffic warrants are met within five years from the time final occupancy of the new building and parking structure is granted. This amount may be deposited with the City or it may be backed by a bond. 13. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. -12- COMMISSIONERS A� q0 fQg or^ 7b 9 9 - 9y CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX Use Permit No. 3120 (Amended) (Public Hearin) Item No.S AP3120A Request to amend a previously approved use permit which permitted the reconstruction and expansion of the Balboa Fun Zone, located on property within the C -1 District. The proposed amendment consists of changing the Approved operational characteristics of. an existing take -out restaurant on the Balboa Fun Zone property, so as to permit incidental on -sale beer and wine. LOCATION: Parcel 1 of Parcel Map 82 -706 (Resubdivision No. 724) located at 600 Edgewater Place, on property bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANTS: Robert and Ellen Chang, Balboa ® OWNER: Balboa Fun Zone, Ltd., Newport Beach James Hewicker, Planning Director, stated that a letter dated May 5, 1988, was received from the Balboa Peninsula Point Association in opposition to the subject application. Commissioner Winburn and Mr. Hewicker compared the size of the subject restaurant to Milano's Restaurant, a restaurant previously lobated at the Fun Zone and was approved to sell beer and wine on -site. The public hearing was opened in connection with this item, and Ms. Fair Chang, representing the applicants, appeared before the Planning Commission. Ms. Chang stated that the applicants concur with the findings and conditions in Exhibit "A ". In response to questions posed by Commissioner Di Sano, Ms. Chang replied that the subject restaurant is the third occupant on the site, that the purpose to sell beer and wine is to help support the restaurant, and that no other restaurant serves beer and wine in the Fun Zone at this time. There being no others desiring to appear and be ..heard, the public hearing was closed at this time. -13- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX In response to a question posed by Commissioner Koppelman regarding the sale of beer and wine outside of the subject restaurant, Mr. Hewicker replied that the Alcoholic Beverage Control Board would require that the area outside of the restaurant be fenced off from the remaining public area. Commissioner Koppelman suggested that Condition No. 2 regarding the on -sale service of beer and wine could be amended so as not to allow a take -out service of alcohol. Commissioner Di Sano commented that the subject restaurant is small, that alcohol could be taken off - site, that no other restaurant within the Fun Zone sells beer and wine, that the Planning Commission has discussed the need for a Fun Zone environment and that beer and wine does not fit within that ambience. Commissioner Di Sano asked why Milano's Restaurant waited to apply for an alcoholic license? Mr. Hewicker replied that when the use permit for the Fun Zone was initially approved take -out restaurants were automatically approved, and subsequently Milano's Restaurant applied for a use permit inasmuch as the original use permit states that if an establishment requests the sale of alcoholic beverages, they must come back to the Planning Commission for approval. In response to a question posed by Commissioner Debay, Mr. Hewicker replied that small take -out restaurants with on -sale beer and wine within the Balboa Peninsula area have been approved by the Planning Commission, with the condition that no off -sale alcoholic beverages be permitted. Mr. Hewicker suggested an addition to Condition No. 2 regarding the on -sale service of beer and wine stating "that the service of beer and wine shall be contained within the building." Acting Chairman Pomeroy requested that an error in Condition No. 3 be corrected to read "shall ". Commissioner Winburn commented that on -sale beer and wine should not be allowed outside of the subject restaurant or within the patio areas of the Pun Zone. She referred to Condition No. 5 which gives the Planning Commission the opportunity to bring the use permit back for revocation if the applicant does not comply with the conditions of the use permit. 9tion * Motion was made to approve Use Permit No. 3120 (Amended) subject to the findings and conditions in Exhibit "A ", including amended Condition No. 2 stating "that the on- -14- COMMISSIONERS �G 9N 99 .0 9 vt CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX sale service of beer and wine shall be incidental to the service of food, and that no alcoholic beverage shall be consumed outside of the restaurant ", and corrected Condition No. 3. Commissioner Di Sano stated that he would not support the motion because the sale of alcoholic beverages are not appropriate in the Fun Zone area and he referred to the foregoing letter from the Balboa Peninsula Point Association regarding their opposition to the application, that the ambience of the Fun Zone should not include alcoholic beverages, that the sale of beer and wine would not make the difference in the restaurant, and that it could start a precedent in the Fun Zone. Commissioner Winburn and Commissioner Di Sano discussed the Balboa Peninsula Point Association's letter and the residents' concerns regarding the sale of alcoholic beverages in the Fun Zone, and Commissioner Winburn pointed out that Milano's Restaurant is no longer in • existence. Acting Chairman Commissioner Pomeroy commented that the staff report indicates that staff cannot conceive of a finding for denial, and he requested a comment from staff. Mr. Hewicker referred to previous applications regarding requests for on -sale beer and wine licenses throughout the Balboa Peninsula and he said that the Planning Commission has never tried to interfere with the competitive nature of restaurants; that the Planning Commission has always taken into consideration the problems that could arise during the summer months and the City's regulations prohibiting alcoholic beverages; that the Planning Commission has tried to allow a restaurant to have on -sale beer and wine but at the same time restricting its operation by prohibiting the off - sale consumption of alcoholic beverages or making sure that the sales are conducted on -site where there is not going to be a problem. Motion was voted on to approve Use Permit No. 3120 (Amended) subject to the findings and conditions in Ayes * * * * Exhibit "A" including amended Conditions No. 2 and No. Noes * * 3. MOTION CARRIED. Absent • -15- COMMISSIONERS �t9 9 dh i+y CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the continued waiver of the take -out restaurant development standards will not be detrimental to adjoining properties. 4. That the approval of Use Permit No. 3120 (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 to the general welfare of the City. • CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the on -sale service of beer and wine shall be incidental to the service of food, and that no alcoholic beverages shall be consumed on the patio areas outside of the restaurant. 3. That no off -sale of alcoholic beverages shall be provided unless an amendment to this use permit is approved by the Planning Commission. 4. That the applicant shall obtain the approval of the Coastal Commission prior to the serving of the incidental beer and wine. 5. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, . safety, peace, morals, comfort, or general welfare of the community. -16- COMMISSIONERS t^� 9'O.e9Fv G�Z Npy CC �p .L CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX 6. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. Street Name Change (Public Hearing) Item No.6 Street Name Request to consider a street name change from "Port Bishop Circle" to "Port Townsend Circle" in the Harbor Change View Hills Planned Community. LOCATION: A portion of Tract No. 7030, located on Approved property westerly of Newport Hills Drive East, between Port Carney Place and Port Bishop Place, in the Harbor View Hills Planned Community. ZONE: P -C • APPLICANTS: Residents of Port Bishop Circle, Newport Beach OWNERS: Same as applicants The public hearing was opened in connection with this item, and Mr. David Todd, 1947 Port Bishop Circle, appeared before the Planning Commission, as an applicant and as President of the Newport Hills Community Association. Mr. Todd stated that he concurs with the findings and .condition in Exhibit "A ", and that said Association will cooperate with the Planning Department and the Traffic Engineer to establish a plan to remove the old street signs and the installation of new street signs. In response to a question posed by Commissioner. Debay, Mr. Todd replied that Port Trinity Circle and Port Edward Circle do not have duplicate addresses on Port Trinity Place and Port Edward Place. There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to recommend to the City Council that ti on said Street Name Change be made according to the s * * * * * , findings and condition in Exhibit "A". Motion voted on, Absent * MOTION CARRIED. -17- COMMISSIONERS yA 9� Pg0-o v 9, CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX FINDINGS: 1. That all of the property owners on Port Bishop Circle have requested that the street be renamed Port Townsend Circle. 2. That the request to rename the street entails cost to the City for installing new street signs. CONDITION: 1. That the applicants shall pay the cost of installing the required new street name signs. Planning Commission Review No. 7 (Discussion) Item No.7 Request to permit the construction of a single family PC Review dwelling which includes roof -top architectural features No. 7 of an open nature which exceed the 24 foot basic height limit on property located in the R -1 District. Approved LOCATION: Lot 38, Tract No. 3867, located at 518 Harbor Island Drive, on the easterly side of Harbor Island Drive between Bayside Drive and Harbor Island Road, adjacent to Promontory Bay. ZONE: R -1 APPLICANT: Andrew P. Goetz & Associates, Laguna Beach OWNER: Ben Harris, Newport Beach Mr. Andrew Goetz, architect, appeared before the Planning Commission, and he concurred with the findings and conditions in Exhibit "A ". Commissioner Debay and staff compared the Building Code chimney height regulations of the proposed project as opposed to the approved chimney height of a project located on Ocean Boulevard in Corona del Mar. Motion * Motion was made to approve Planning Commission Review No. 7 subject to the Findings and Conditions in Exhibit • "A" Mr. Hewicker affirmatively agreed with Commissioner Debay's statement that the flat roof will not be -18- COMMISSIONERS 0 CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX permitted as a sun deck. Ayes * * * * * * Motion was voted on to approve Planning Commission Absent * Review No. 7, MOTION CARRIED. Findings: 1. That the project complies with all applicable standards, plans and zoning requirements for new building applicable to the district in which the proposed project is located at the time of approval except for the proposed roof -top architectural features requested in this application. 2. That the proposed roof -top architectural features are open in nature and will not block views from adjoining residential properties. 3. That the proposed architectural features are necessary in order to achieve the distinct architectural style of Seventeenth Century English . architecture. 4. The approval of this application 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 the proposed development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections, except as noted below. 2. That no portion of the proposed roof area shall be used for deck purposes. 3. That a Coastal Permit shall be approved by the Coastal Commission in conjunction with the proposed development. . • -19- COMMISSIONERS yA o� ;� fa��n� � 99'409 r G9y Nay C If � CITY OF NEWPORT BEACH MINUTES May 5, 1988 ROLL CALL INDEX Discussion DISCUSSION ITEMS: Items Item No.l Reauest to initiate an Amendment to Title 20 of the Newport Beach Municipal Code pertaining to Chanter 20.52 Open Space District. Chapter INITIATED BY: The City of Newport Beach 20.52 Motion * Motion was made and voted on to set this item for public Ayes * * * * * * hearing on June 9, 1988. MOTION CARRIED. Absent Request to initiate an amendment to Title 20 of the Item No.2 Newport Beach Municipal Code so as to create a "Government Educational. and Institutional Facilities" Gov't,Educ., Zoning District. & Instit. Zoning INITIATED BY: The City of Newport Beach Motion s ent * * * * * * * Motion was made and voted on to set this item for public hearing on June 9, 1988. MOTION CARRIED. Request to initiate an amendment to Title 20 of the item No.3 Newport Beach Municipal Code pertaining to the distribution of public notices for proposed amendments Dist. of P.N. to Title 20. INITIATED BY: The City of Newport Beach Motion * Motion was made and voted on to set this item for public Ayes * * * * * * hearing on June 9, 1988. MOTION CARRIED. Absent at ,t at ADDITIONAL BUSINESS: Add'l Bus. Motion * Motion was made and voted on to excuse Commissioner Koppelman Ayes * * * * * * Koppelman from the May 19, 1988, and June 9, 1988, excused Absent * Planning Commission meetings. MOTION CARRIED. ADJOURNMENT: 8:43 p.m. Adjournment JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -20-