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HomeMy WebLinkAbout05/06/1982� r c m � m cn� 7c Wp1 D x1XIX REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME:. 7:30 p.m. DATE: May 6, 1982 W All Present. t Beach EX- OFFICIO MEMBER PRESENT: Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary APPROVAL OF THE MINUTES Minutes of April 8, 1982 Motion X Motion was made for approval of the Minutes of April 8, All Ayes X X x X X 1982,.as written, which MOTION CARRIED. .111 Mr. William Laycock advised that the applicant for Item No. 11 - Use Permit No. 2082, has requested that this item be continued to the Planning Commission Meeting of May 20, 1982. Motion X Motion was made to continue Item No. 11 - Use Permit All Ayes X X x x x X No. 2082, to the Planning Commission Meeting of May 20, 1982, which MOTION CARRIED. * x � 0 11111111 -1 MINUTES INDEX "NYSSbNERS May 6, .1982 MINUTES � r c � m c s m a m m City of Newport Beach and retail commercial center in the Recreational Marine AND Commercial Area of the Mariner's Mile Specific Plan INDEX Area which exceeds the basic height limit of 26 feet in Request to consider a.Traffic Study in conjunction with Item #1 the development of a 41,494 sq. ft. ± marine office and area of the site.', The proposal also includes a retail commercial center. AND LOCATION: A portion of Lot G, and Lot M, Tract No. i919, located at 3101 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Richard V. Valdes and M. V. Threinen, Irvine OWNERS: Same as applicants Agenda Items No. 1 and 2 were heard concurrently due to their relationship. . The public hearing opened in connection with these items and Mr. Bill Gearhardt, representing the applicants, appeared before the Commission and requested approval of these applications. In response to questions posed by Commissioner Allen, Mr. Gearhardt explained that the building envelope has substantially remained the same size as was originally proposed. -2- Request to permit the construction of a marine office . and retail commercial center in the Recreational Marine AND Commercial Area of the Mariner's Mile Specific Plan Area which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and contains a greater gross floor area than .5 times the buildable Item # area of the site.', The proposal also includes a modification to the Zoning Code so as to allow the use . of compact car spaces for a portion of the required - off- street parking spaces, and the acceptance of an USE PE environmental document. N0. 20 LOCATION: A portion of Lot G, and Lot M, Tract No. i919, located at 3101 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Richard V. Valdes and M. V. Threinen, Irvine OWNERS: Same as applicants Agenda Items No. 1 and 2 were heard concurrently due to their relationship. . The public hearing opened in connection with these items and Mr. Bill Gearhardt, representing the applicants, appeared before the Commission and requested approval of these applications. In response to questions posed by Commissioner Allen, Mr. Gearhardt explained that the building envelope has substantially remained the same size as was originally proposed. -2- May 6, 1982 MINUTES � r c m m m City of Newport Beach CALL INDEX However, Mr. Gearhardt stated that the project has been revised to meet the concerns of the Coastal Commission. He stated that the Coastal Commission would not approve this project if it were to be moved back 20 feet because the view corridor would be affected. Further, he stated that the proposed project will not obstruct any views from the Towers building which is-located 75 feet in front on the proposed project. In response to a question posed by Commissioner King, Mr. Donald Webb, City Engineer, stated that the proposed project will not produce more than one percent of the traffic at the intersection of West Coast Highway and Balboa Boulevard /Superior Avenue. Commissioner Kurlander asked if the public access to the bay is at surface level. Mr. Gearhardt stated that' they would prefer the public access at surface level, but they are willing to construct the bridge, if required. • Commissioner Beek stated that he had voted against this project originally, because .81 times the buildable area is too great a density for the Mariner's Mile area. However, he stated that since this particular project is an improvement over the prior proposal, he will be supporting the project. .Motion X I 1 I 1 Motion was made for approval of the Traffic Study, Ayes X X X X X subject to the following findings and condition, which Abstain X1 MOTION CARRIED: 1J TRAFFIC STUDY FINDINGS: 1. That a Traffic Study. has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. -3- r c c s n x m= Motion AyesI XI XIxIX Abstain • May 6, 1982 z CONDITION: Beach 1. That prior to the occupancy of the proposed project the "Circulation System Improvement described in the Initial Study - "Martha's Vineyard" - Restaurant /Office Complex dated December 1981, on page 8 and figure 4 of Appendix E shall have been completed (unless subsequent project approvals require modification thereto) The improvements shall be subject to the approval of the City Traffic Engineer. Motion was made for approval of Use Permit No. 2066, subject to the following findings and conditions, which MOTION CARRIED: PERMIT 2066 FINDINGS: 1. That the proposed development is consistent with the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The proposed development will not have any significant environmental impact, providing that parking demands are met. 3. The Police Department has indicated that they do not contemplate any problems. 4. The. increased building height will result in increased public visual open space and views of the bay than would result from compliance with the basic height limit,. inasmuch as the building will have a 95' setback from the easterly property line. 5. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. -4- MINUTES INDEX May 6, 1982 3 r c m F f I City of Newport Beach 6. The increased building height will not result in undesirable or abrupt scale relationships being created 'between the structure and existing development or public spaces. 7. The increase in height in no case results in a floor area exceeding the floor area permitted by Section 20.62.030. 8. The proposed number of compact car spaces constitutes 23± percent of the parking which is within limits generally accepted by the Planning Commission relative to previous similar applications. 9. The proposed use of compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing • or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. • 10. The approval of Use Permit No. 2066 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. 11. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions of this project. 12. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures and that those mitigation measures reduce potentially significant impacts to a level of insignificance. -5- MINUTES INDEX Y�/VUJ�IVI�RKJ May 6, 1982 f r c m � m a m m F N City of Newport Beach 13. That approval of the floor area in excess of .5 times the buildable area is warranted because of the permanent restrictions on building size and the agreement of the applicant to ensure that marine- oriented uses occupy the excess floor area, or will remain vacant if not so occupied. 1. That development shall be in substantial conformance with the approved plot plan and floor plan, and elevations, except as noted below. 2. The height of the proposed structure shall be lowered to conform with the established average height limit of 35' as measured from natural grade. • 3. That all conditions of Resubdivision No. 688 shall be fulfilled. 4. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the on -site vehicular and pedestrian circulation systems be subject to further review by the Public Works Department. 7. Parallel parking spaces adjacent to walls shall be a minimum of 10 feet wide. 8. That a 10 foot wide easement be dedicated to the City for unobstructed public access across the bayside of the parcel and that the walkway be improved with the design to be approved by the Public Works Department. • 11111111 -6- MINUTES INDEX VX/VM3YIJIVtK' May 6, 1982 � x ri r c ro ' W m F City of Newport Beach 9. That a 10 foot wide easement be dedicated to the City for access to the bayside public walkway from West Coast Highway and that the location of the easement be approved by the Public Works Department. 10. That a condition survey of any existing concrete bulkhead that is to remain along the,bayside of the property be made by a civil or structural engineer, and that the bulkhead be repaired in conformance with the recommendation of the condition survey and to the satisfaction of the Building Department and the Marine Department. 11. There shall be a minimum of 7' -0" vertical clearance in all parking and ramp areas. 12. A dust control plan shall be prepared for the project, and be submitted and subject to the approval of the Building Department. Such a plan • may be prepared and submitted in conjunction with any required erosion control plan. 13. The demolition, grading and building permits to be issued for the proposed project shall include provisions for limiting such activities to hours considered acceptable for the project area. 14. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport should be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. Disclosure Statement The Lessee, his heirs, successors and assigns, herein, acknowledge that: (a) The John Wayne 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 complete phase out of jet service may occur at the John Wayne Airport. 0 11111111 -7- MINUTES INDEX �May 6, 1982 3 R � m m m m m W City of Newport Beach (c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; MINUTES (d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 15. The existing gates which control the vehicular entrance /exit to the parking lot on the project site shall be removed to better facilitate access to and from the proposed parking lot. 16. Prior to demolition of existing facilities and construction of the new facilities, a complete plan for litter and debris control shall be approved by the Planning and Marine Departments to . ensure that no debris is permitted to enter Newport Harbor. 17. The grading permit shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 18. The grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities to minimize the potential water quality impacts from silt, debris and other water pollutants. 19. All on -site drainage shall be approved by the City Public Works Department. 20. An erosion and siltation control plan shall be prepared and submitted to the Building Department, and shall be approved by the City Grading Engineer. 21. The erosion and siltation control plan shall be forwarded to the California Regional Water Quality Control Board - Santa Ana Region ten days prior to any construction activities. • 11111111 -8- May 6, 1982 MINUTES 0 : W m m F w City of Newport Beach INDEX 22. A landscape and irrigation plan for the project shall be prepared. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. Prior to occupancy, the applicant shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 23. That the landscape plans for plantings adjacent to the public right -of -way be reviewed and approved by the Public Works Department. I I 24. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 25. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 26. The landscape plan shall place heavy emphasis on • the use of drought- resistant native vegetation, and be irrigated with a system designed to avoid surface runoff and overwatering. 27. Prior to issuance of the building permit, the applicant shall consider and discuss with appropriate representatives of the City of Newport Beach possible participation in a compensation program for the loss of intertidal area, provided that the City and the various agencies involved in regulation of Newport Bay have established such a program. 28. Upon completion of construction, the project applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. A weekly cleanup program around the docks and public walks shall be conducted on a regular basis. 29. The project shall be designed to comply with Title .24, Paragraph G, Division T -20, Chapter 2, Subchapter 4 of the California Administrative Code (Insulation Standards). I 30. I 1 I I I I I Final design of the project shall provide for the • incorporation of water - saving devices for project lavatories and other water -using facilities. May 6, 1982 � r c m x m City of Newport Beach MINUTES 1 ROLL CALL I III 11 I I I INDEX 31. Final design of the project shall provide for adequate security lighting in public areas of the project site. 32. The project shall be so designed to eliminate light and glare spillage on adjacent uses. Any parking lot lighting shall be subject to the approval of the Planning Department. 33. That all commercial area in excess of .5 times the buildable area of the site (i.e.,16,811± sq.ft.) shall be limited to marine- oriented uses as required by the Mariner's Mile Specific Area Plan in Section 20.62.070, D, of the Municipal Code. 34. That if the particular percentage of marine- - oriented uses are not maintained, due to a change in occupancy from marine - oriented to some other proposed uses, that the property not used by the marine- oriented uses is to remain vacant and unused until a suitable tenant which fits the marine - oriented criteria is found. That the applicant or permittee consents to maintain that space as unoccupied and understands that the vacancy may result in economic hardship. 35. That the applicant or permittee by accepting the use permit approval, consents to the specific enforcement of all conditions imposed by the Commission and specifically the conditions relating to the required occupancy of a percentage of the structure by marine - oriented uses and that the applicant or permittee waives any rights to defend any legal action brought by the City to specifically enforce. those conditions of occupancy. 36. That the owner of the property is required to notify the Planning Department of the City of Newport Beach upon any change in tenancy which would affect the marine- oriented uses and shall provide copies of all documents requested by the Planning Department or the City in conjunction with that change in tenancy. 37. That the applicant record a Covenant, the form and content of which is acceptable to the City 0 11111111 Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of .81 -10- Y�MI »K JIVCKJ May 6, 1982 X � r c m � � m m City of Newport Beach times the buildable area on the subject property, in consideration of granting the use permit to exceed the height. 38. That no commercial, marina operated, boat docking facilities shall be permitted bayward of the site unless the applicant shall obtain the required Harbor permits and provides the necessary upland support facilities, i.e., restroom facilities for the boat slip users and .75 parking spaces for each marina boat slip and .75 parking spaces for each 25 feet of available mooring space not classified as a slip. 39. The applicant must provide the Marine Department with proof of ownership of uplands adjacent to the Marina. 40. The applicant must comply with Sections 17, 18, and 19 of the Harbor Permit Policies and • specifically, 22 slips will require 17 parking spaces. 41. The applicant must be on notice that the new bulkhead was approved based on the preexisting property use, and changes in this use may make the bulkhead as designed, inadequate. 42. That a minimum of one parking space for each 250 sq.ft. of floor area within the walls of the structure, and the required loading spaces for the retail uses, shall be provided on the property. 43. That all mechanical equipment and trash areas shall be screened from adjoining property and from West Coast Highway. 44. That chimneys shall be permitted to exceed the height limit only to the extent required by the Uniform Building Code. 45. That the weathervanes shall be permitted to exceed the height limit and shall be in substantial conformance with the plans as submitted. 46. That the flagpole shall be restricted to a height . not to exceed 50 feet above grade. -11- MINUTES INDEX MNYS90NERS May 6, 1982 MINUTES i x m F City of Newport Beach Traffic Study (Public Hearing) Item Nos. Request to consider a traffic study in conjunction with 3, 4, 5 the development of a 48,603 sq.ft.t retail commercial and 6 and office building. AND grill work above the third story of a proposed retail commercial /office building, and a ferris wheel, both exceeding the height limit of 35 feet. AND ALL Resubdivision No. 724 (Public Hearing) CONTINUED TO MAY 20, Request to establish one building site for retail 1982 commercial and office development and eliminate interior property lines where eight parcels presently exist. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 East Bay Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and • Newport Bay, in Central Balboa. -12- 1 Use Permit No. 2080 (Public Hearing) TRAFFIC Request to permit the construction of a. retail STUDY commercial /office building and related parking areas, on property located in the C -1 District in the Central Balboa Specific Plan Area, where a Specific Plan has not been adopted, and which exceeds 5,000 sq.ft. of USE PERMIT floor area. The proposed building also exceeds the 26 NO. 2080 foot basic height limit in the 26/35 Foot Height Limitation District. The proposal also includes a modification to the Zoning Code so as to allow the use of compact car parking spaces and other parking spaces VARIANCE which are not independently accessible. NO. 1092 • AND Variance No. 1092 (Public Hearing) RESUB- DI=ION Request to permit the construction of a "space frame" NO. 724 grill work above the third story of a proposed retail commercial /office building, and a ferris wheel, both exceeding the height limit of 35 feet. AND ALL Resubdivision No. 724 (Public Hearing) CONTINUED TO MAY 20, Request to establish one building site for retail 1982 commercial and office development and eliminate interior property lines where eight parcels presently exist. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 East Bay Avenue, bounded by East Bay Avenue, Washington Street, Palm Street and • Newport Bay, in Central Balboa. -12- 1 May 6, 1982 Beach MINUTES I ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ ZONE: APPLICANT: OWNER: ENGINEER: C -1 J.B.S. Development, Claremont Fun Zone Development Co., Newport Beach Fuscoe, Williams, Lindgren & Short, Santa Ana Agenda Items No. 3, 4, 5, and 6 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Ms. Coralee Gapastione, of Urban Strategy, representing the project applicant, appeared before the Commission. Ms. Gapastione stated that the Balboa Marina Fun Zone proposed development is representative of months of careful planning directed towards a project that harmoniously blends with the pavilion and • retains the recreational and festive aspects of the fun zone. An extensive slide presentation was delivered which depicted the various aspects of the project, including the history of the area, surrounding land uses, and the proposed architectural characteristics of the development. The .project as proposed, will include retail shops, restaurants, offices, arcades and amusements in the. form of a ferris wheel and carousel. The slide . presentation also addressed parking conditions of the area and how the subterranean garage structure will be constructed and utilized. Mr. James Salter, President of J. B. S. Development Corporation and resident of 1028 W. Ocean Front, stated that the Balboa Marina Fun Zone was designed to retain the essential elements of the historical fun zone in an atmosphere that rehabilitates and revitalizes the existing site. He stated that the input received from the various associations in the community, have also been incorporated into this project. Mr. Salter then introduced the various consultants which were utilized • for this project. -13- � r c m W City of Beach MINUTES I ROLL CALL 1 1 1 1 1 1 1 1 I INDEX ■ ZONE: APPLICANT: OWNER: ENGINEER: C -1 J.B.S. Development, Claremont Fun Zone Development Co., Newport Beach Fuscoe, Williams, Lindgren & Short, Santa Ana Agenda Items No. 3, 4, 5, and 6 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Ms. Coralee Gapastione, of Urban Strategy, representing the project applicant, appeared before the Commission. Ms. Gapastione stated that the Balboa Marina Fun Zone proposed development is representative of months of careful planning directed towards a project that harmoniously blends with the pavilion and • retains the recreational and festive aspects of the fun zone. An extensive slide presentation was delivered which depicted the various aspects of the project, including the history of the area, surrounding land uses, and the proposed architectural characteristics of the development. The .project as proposed, will include retail shops, restaurants, offices, arcades and amusements in the. form of a ferris wheel and carousel. The slide . presentation also addressed parking conditions of the area and how the subterranean garage structure will be constructed and utilized. Mr. James Salter, President of J. B. S. Development Corporation and resident of 1028 W. Ocean Front, stated that the Balboa Marina Fun Zone was designed to retain the essential elements of the historical fun zone in an atmosphere that rehabilitates and revitalizes the existing site. He stated that the input received from the various associations in the community, have also been incorporated into this project. Mr. Salter then introduced the various consultants which were utilized • for this project. -13- 'MISSIOI�IERS May 6, 1982 MINUTES � r c m � m T City of Newport Beach c n m m CALL I III J i l l I INDEX Mr. Ross Cash, of Cash and Associates, the structural engineer for the project, appeared before the Commission. Commissioner Allen expressed her concern with the feasibility and the potential impacts to the surrounding buildings which would be involved with the construction of the subterranean parking structure. Mr. Cash stated that Mr. Bob Bush, of Bush Engineering, the geo- technical engineer, has the de- watering experience for projects of this nature. Commissioner Allen referred to the Environmental Impact Report (EIR) for the project, and asked if the soils engineering data was based on a different project. Mr. Bill Foley, of Larry Seeman and Associates, the City's environmental consultant, explained that the first geo - technical report addresses the soils of the.> project, and the second report addresses the structural aspect of the project. He stated that the summary in the EIR is based upon parts of both of the reports. Mr. Fred Talarico, Environmental Coordinator, added • that a third soils study has been performed for the proposed project and, as a condition of.approval of the project, a final soils study is required based upon the completed project. Commissioner Allen expressed her concerns with subsidence in the adjacent, older buildings and the de- watering process. Mr. Bob Bush, of Bush Engineering, the geo- technical engineer, stated that he was involved with the engineering of the BART subway system which was located next to multi -story buildings in San Francisco. Mr. Bush stated that with the proper engineering and soil studies, there will be no structural distress to the adjacent buildings. He stated that differential settlement is what causes buildings to shift and crack, but that this would not be a cause for concern with the proposed project. Commissioner Allen asked if the applicant is aware of the costs which will be incurred with the excavation of a subterranean garage below the waterline. Mr. Cash stated that many structures of this nature have been constructed and the applicant is well aware of the • costs involved. -14- May 6, 1982 City. of Newport Beach Commissioner Allen asked if there will be a problem with hydrostatic pressure. Mr. Cash stated that the underground structure will be designed to be sufficiently heavy and water tight to withstand the hydrostatic pressure. He stated that a continuous de- watering program is not contemplated because the structure is designed to be stable with its own weight. Commissioner Allen asked if the various engineering firms involved in the project are willing to share the risks of liability, or if the developer is holding the engineers harmless, in the. event there should be, future problems with .. the structure. Mr. Bob Burnham, Assistant City Attorney, stated that with most insurance policies, the liability falls upon the developer.. In response to .a question posed by Commissioner Beek, Mr. Cash stated that the subterranean structure will be • constructed with reinforced concrete slabs which will resist the bulk of the upper structure. He stated that the concrete slabs will be six to seven feet thick. 'In response to a question posed by Commissioner .Kurlander, Mr. Bush stated that the possibility of subsidence will be monitored by the developer. Commissioner Balalis asked how long it will take to construct the subterranean garage. Mr. Steve Jacobson, of J. Stewart Construction, the general contractor, stated that it is anticipated that the lower parking structure will be completed in approximately four months. He stated that they have also analyzed where the construction equipment will be located during the construction process. . Commissioner Balalis expressed his concern with the pumping and noise levels which will be generated by. the construction of this project. He suggested that a definite construction plan be submitted before the project is approved: Mr. Jacobson stated that one of the conditions of the project is for the submittal of a • detailed construction plan. -15- MINUTES INDEX COMMISSIONERS May 6, 1982 MINUTES 0 x r c m W m F H City of Newport Beach LL LL 7r I I INDEX Chairman McLaughlin . asked if the finished garage portion of the project will be utilized to store some of the construction equipment and trucks. Mr. Jacobson stated that the finished garage will be utilized as a staging area for the project. He stated that they will be adhering to strict delivery schedules, due to the limited amount of space of the project. Commissioner Kurlander asked if it is possible to use more than one pile driver to hasten the construction time. Mr. Jacobson stated that they will utilize as many pile drivers as feasible. He explained that the pile drivers to be utilized will use jets of water, and therefore will cause less noise and vibration than typical pile drivers. Commissioner Kurlander expressed his concern with the construction employee parking in the area. Mr. Jacobson stated that the project engineer will be monitoring and policing the parking of the construction employees. • Commissioner Balalis stated that he would be interested in knowing the physical problems which occurred during the construction of the 601 Lido Building. Mr. Talarico stated that the 601 Lido Building has been analyzed by this project. He stated that the soil conditions of the two projects are substantially different. He stated that the proposed project will have additional soil testing performed during the construction process. Ms. Gapastione stated that they have visited the 601 Lido Building subterranean garage and. their engineers have studied the plans. She stated that a number of the conditions suggested for the proposed project relate to the monitoring of subsidence. She also stated that they will be extremely sensitive in monitoring and directing the construction traffic. Mr. Talarico stated that the construction traffic has been identified as having an adverse and significant impact to the area. He stated that a condition is included which would require that a detailed construction schedule be approved by the various City departments. • 11111111 1 -16- May 6, 1982 MINUTES i � w m � M H 3 City of Newport Beach INDEX Commissioner Balalis expressed his concern with the subterranean garage ingress and egress. Mr. Wes Pringle, of Weston Pringle and Associates, prepared the traffic and circulation analysis for the EIR. Mr. Pringle explained the proposed ingress and egress for the development. He stated that there is presently traffic congestion in the area in that many of the proposed uses already exist in the area. He stated that many of the people who will visit the proposed development, will already be in the area. Commissioner Balalis asked how the additional 193 cars will be turning onto Main Street in order to utilize the parking structure. Mr. Don Webb, City Engineer, stated that getting into the development will be much more difficult than getting out of it. He stated that . an alternative to turning on Main Street, would be routing the traffic in the same manner as the ferry traffic is handled. He stated that another alternative would be to prohibit parking on East Balboa Boulevard • and install a left turn lane on Washington Street or Main Street. He stated that it is important to understand the peak hours of the traffic for the development. Commissioner Balalis stated that before the next meeting, he would like the issue addressed as to how the cars will ingress into the parking structure and, if the parking is eliminated on East Balboa Boulevard and a left turn lane is installed, how will the traffic be affected on the weekends. Mr. Webb stated that one -half of the development consists of office uses, which do not generate as many trips during the weekend, as compared to the weekdays. Commissioner Winburn asked for an explanation as to how the cars will be parked, once they have found the garage. Mr. Pringle explained the parking layout of the subterranean garage structure and stated that there would be attendants in the garage at all times. Ms. Gapastione stated that there will be 40 non - tandem, short term parking spaces on the first level. She also stated that a portion of the second level would be utilized for the office tenant parking. • 11111111 -17- Y \ /V\IJJfVI�ICIV May 6, 1982 r c m � m F City of Newport Beach In response to a question posed by Commissioner Winburn, Mr. Ian Gerard, President, of the Space -O- Matics Corporation, explained the mechanical parking equipment which would be utilized in the parking structure and stated that the equipment contains safety sensors. He stated that the equipment is operated by hydraulics and if there is a power failure, there is a manual override pump to take over. Commissioner King asked for a clarification on the soils report and the pumping capacity. Mr. Bush stated that the de- watering process will take place around the clock on the site, until the structure can withstand the hydrostatic pressure. Commissioner Kurlander asked for clarification on the location valet parking service. He further asked how the exhaust fumes of the automobiles in the garage will be handled. Mr. Don Corbin, of Corbin /Yamafuju and . Partners, the project architect and planner, stated that the exhaust fumes will be released at the roof level of the project. He stated that they are desirous of utilizing the public street (i.e. East Bay Avenue) for the valet parking, but stated that the City is requiring that the valet service be. handled on the development site. Commissioner Kurlander suggested that the handicapped persons be able to park their own vehicles in the parking structure. Mr.. Corbin stated that there are limited parking facilities for the handicapped to park their own vehicles. However, he stated that they will be studying this concern further. Commissioner Ealalis asked staff if the use of a parking lane on the public street would be a solution. Mr. Don Webb, City Engineer, stated that the Traffic Engineer has expressed concerns with losing seven of the on- street parking spaces, which would allow the developer the use of public property for a valet operation. He stated that this is a constant request by other people in the City to utilize the public • 1 1 1 1 1 1 1 1 streets for valet services. _1S_ MINUTES 211KI:. May 6, 1982 - MINUTES INDEX Commissioner Kurlander asked if it is possible to locate the ferris wheel in such a manner so as to not encroach into the public easement adjacent to the bay. Mr. Corbin stated that this proposal will not take away from the current public access. He stated that this proposal will add to the current public access, except at the location of the ferris wheel. Mr. Talarico stated that the proposed location of the ferris wheel in the public easement would occupy a substantial portion of the public right -of -way and severely restrict public access along Edgewater Avenue. Chairman McLaughlin asked if the City would have to assume any responsibility if the ferris wheel is located in the public right -of -way. Mr. Burnham, Assistant City Attorney, stated that an indemnification agreement would have to he entered into. Ms. Gapastione stated that the applicant would be willing to assume the responsibility and liability for the ferris wheel. • In response to a question posed by Commissioner Allen, Ms. Gapastione stated that they would be designing a modern and safe ferris wheel for this project. Commissioner Allen asked if the applicant would be willing to accept a condition that a ferris wheel and carousel of some kind would be required to be located on the site at all times. Ms. Gapastione stated that this would be acceptable. Cynthia Doe, representing Citizens for Responsible Development in Newport Beach, questioned the business practices of the developer. She expressed their concerns relating to the. traffic impacts of this proposed development and suggested that the developer contribute monies to the circulation system. She stated that the soils and subsidence have not been adequately addressed in the EIR for this project, and stated that there needs to be more scientific and professional answers to these serious questions. She recommended that this project be denied. • 11111111 -19- � r c � m m f I City of Newport Beach INDEX Commissioner Kurlander asked if it is possible to locate the ferris wheel in such a manner so as to not encroach into the public easement adjacent to the bay. Mr. Corbin stated that this proposal will not take away from the current public access. He stated that this proposal will add to the current public access, except at the location of the ferris wheel. Mr. Talarico stated that the proposed location of the ferris wheel in the public easement would occupy a substantial portion of the public right -of -way and severely restrict public access along Edgewater Avenue. Chairman McLaughlin asked if the City would have to assume any responsibility if the ferris wheel is located in the public right -of -way. Mr. Burnham, Assistant City Attorney, stated that an indemnification agreement would have to he entered into. Ms. Gapastione stated that the applicant would be willing to assume the responsibility and liability for the ferris wheel. • In response to a question posed by Commissioner Allen, Ms. Gapastione stated that they would be designing a modern and safe ferris wheel for this project. Commissioner Allen asked if the applicant would be willing to accept a condition that a ferris wheel and carousel of some kind would be required to be located on the site at all times. Ms. Gapastione stated that this would be acceptable. Cynthia Doe, representing Citizens for Responsible Development in Newport Beach, questioned the business practices of the developer. She expressed their concerns relating to the. traffic impacts of this proposed development and suggested that the developer contribute monies to the circulation system. She stated that the soils and subsidence have not been adequately addressed in the EIR for this project, and stated that there needs to be more scientific and professional answers to these serious questions. She recommended that this project be denied. • 11111111 -19- m CD C J 6 m D • Motion I XI I I All Ayes XXXXX May 6, 1982 of Newport Beach Ms. Carol South, President of the Newport Harbor Area Chamber of Commerce, which represents 1,500 members of the business and professional community, stated that they are in support of the proposed project. She stated that they can verify the credibility of the developer. She stated that this is a well planned project which will add to the total atmosphere of Newport Beach. Ms. Susie Ficker, resident of 110 9th Street on the Balboa Peninsula, stated that the Newport Harbor Area Chamber of .Commerce supports. this project, because their members do not live on the Peninsula: Ms. Ficker explained to the Commission the degree of bay pollution which was created with the development of the 601 Lido Building. She stated that the dewatering. process was horrendous because of its polluting affects to the sea life and the bay. She suggested that the following agencies be consulted before . action is taken on this project: Army Corps of Engineers, Environmental Protection Agency, Department of Fish and wildlife, and the Department of Fish and Game. Ms..Gapastione stated that the applicant is very familiar with the concerns expressed by Ms. Ficker. She stated that the engineering and design of the garage will be addressing these concerns. Commissioner Beek requested that a diagram be drawn which would depict the location of the property line, the U. S. bulkhead line, the existing bulkhead line, the existing edge of the sidewalk, the existing building., the proposed building, and the proposed location of the ferris wheel, in relationship to each other. Ms. Gapastione stated that the applicant would have this diagram prepared. Motion was made to continue these Commission Meeting of May 20, CARRIED. * * t -20- items to the Planning 1982, which MOTION MINUTES INDEX COMMISSIONERS May. 6, 1982 MINUTES m � m F Po. City of Newport Beach L CALL INDEX The Planning Commission recessed at 9:35 p.m. and reconvened at 9:45 p.m. Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale alcoholic beverages and live entertainment so. as to allow the expansion of the net public area of the second floor lounge area. The proposal also includes.. the acceptance of an Off -site Parking Agreement for the additional required off - street parking spaces. LOCATION: Parcel 1 of Parcel Map 57 -25 (Resubdivision No. 375), located at 2406 Newport Boulevard, on the easterly side of Newport Boulevard, southerly of 26th Street, on the Balboa Peninsula. 0 1 1 1 1 ZONE: C_1 and C -2 • APPLICANT: Steve and Rick Loomis (The Red Onion), Newport Beach OWNER: Mrs. Jean Belden, Newport Beach The public hearing opened in connection with this item and Mr. Chad Dustin, the architect representing the applicant, appeared before the Commission and requested approval of this application. Commissioner Beek asked if an attempt was made to negotiate an agreement with Trautwein and Associates, to have a gate through the fence between the adjoining properties for easier access. Mr. Dustin stated that there is approximately 24 inches difference in elevation between the two lots where the proposed entry was suggested. Commissioner Beek asked if the three off -site parking spaces will be utilized by the employees. Mr. Dustin stated that these three spaces would be utilized for public use and would be handled by the valet service. -21- Item #7 USE PERMIT N0. 1581 AMENDED DENIED COMMISSIONERS May 6, 1982 MINUTES City of Newport Beach 5 40 LL CALL INDEX In response to a question posed by Commissioner Beek, Mr. William Laycock, Current Planning Administrator, explained that the original approval of this application relating to the parking requirements did not require that the employees park on -site. Commissioner Beek stated that it would be easier for the employees to utilize the three off -site parking spaces, which would also eliminate three cars out of the Municipal. parking lot or off of the street. Mr. Dustin stated that this would be agreeable to the applicant. Motion X Motion was made for approval of Use Permit No. 1581 Ayes X X X (Amended) , subject to the findings and conditions of Noes X X X X Exhibit "B ", with the additional condition that the three off -site parking spaces shall be utilized for employee parking only, which MOTION FAILED. Motion X Motion was made for denial of Use Permit No. 1581 Ayes X X X X (Amended), subject to the following findings, which )� X X X MOTION CARRIED: FINDINGS: 1. That inadequate on -site parking exists on the subject property in conjunction with the requested restaurant expansion. 2. That the proposed off -site parking lot is not usable and accessible for the restaurant use due to the lack of direct access from the existing restaurant parking lot. 3. That approval of Use Permit No. 1581 (Amended) will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, and be detrimental or injurious to property and improvements in the neighborhood, and the general welfare of the City, inasmuch as adequate parking is not available for the expanded restaurant facility. • IIIIIIII "" -22- • • VvY\IJJM YCRJ May 6, 1982 m m m H City of Newport Beach Request to amend a previously approved use permit which allowed the expansion and conversion of an existing bar and retail shop into a restaurant with on -sale alcoholic beverages and live entertainment. The previous use permit. also permitted a building encroachment into the required 10 foot rear setback adjacent to the alley. The proposed amendment is to expand the proposed restaurant so as to include that portion of the existing building presently operated as the Fish Bucket Restaurant, and to construct a second floor office use. The proposal also includes the service of alcoholic beverages and live entertainment in the expanded portion of the proposed restaurant and the payment of an annual in -lieu fee to the City, for all of the required off - street parking spaces. LOCATION: Lots 7 and 8, Block 6, Balboa Tract, located at 109 -111 Palm Street, on the southwesterly corner of Palm Street and East Balboa Boulevard, in Central Balboa. ZONE: C -1 MINUTES APPLICANT: Thirtieth Street Architects, Newport Beach OWNER: Douglas Cavanaugh, Jr., Balboa Island The public hearing opened in connection with this item and Mr. Douglas Cavanaugh, the owner, appeared before the Commission and requested approval of this application. Mr. Cavanaugh discussed the background information relating to this item and stated that they have now acquired the Fish Bucket restaurant space. He stated that the amended request will only be adding 58 square feet of "net public area" to the project. Further, he stated that the closing of the Red Carpet Bar, shoe repair store, and the Fish Bucket restaurant will reduce the daytime parking demand during the.week by approximately 42 spaces. In response to a question posed by Commissioner Beek, Mr. Cavanaugh stated that this project will be a remodel of the existing structures. -23- INDEX Item #8 JUSE PERMIT NO, 2045 AMENDED (APPROVED rmmnT_ May 6, 1982 X g r w. City of Newport Beach MINUTES N MLL CALL I 1 1 1 III I I INDEX 0 Commissioner Kurlander asked the applicant if he was aware that the City is considering increasing the annual fee for in -lieu parking spaces. Mr. Cavanaugh stated that he was aware of this fact. Ms. Bernadette Wehrly, resident of 504 East, Ocean Front, appeared before the Commission and stated that the proposed project will serve to enhance the surrounding area. Commissioner Beek stated that a total of 68 parking spaces would be required by the Code, if the 45 grandfathered spaces were not allowed. He stated that the Commission has the legal right to impose that all of the 68 parking spaces be required. Therefore, he stated that the Commission should require that the applicant purchase 35 in -lieu parking spaces, rather than only 23 in -lieu parking.spaces. FINDINGS -: 1. That the proposed expansion and remodeling of the subject restaurant facility 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 environmental impact. • I I I I I I I I -24 Commissioner Balalis stated that he can not support the purchase of 35 in -lieu parking spaces, rather than the • 23 in -lieu parking spaces, because more parking will not be created by the applicant paying additional money. Chairman McLaughlin concurred. Motion X Motion was made for approval of Use Permit No. 2045 Ayes X X .(Amended), subject to the findings and conditions of Noes X X X X X Exhibit "A ", with the revised Condition No. 3, that the applicant be required to purchase 35 in -lieu parking spaces, which MOTION FAILED. Motion X Motion was made for approval of Use Permit No. 2045 Ayes X X X X X Y (Amended)., subject to the following findings and Noes X conditions of Exhibit "A ", which MOTION CARRIED: FINDINGS -: 1. That the proposed expansion and remodeling of the subject restaurant facility 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 environmental impact. • I I I I I I I I -24 �A f m $ m 3 5 e x s May 6, 1982 of Newport Beach 3. The live entertainment in the restaurant facility will not be detrimental to any surrounding land uses so long as the music is. confined to the interior of the expanded building. 4. That approval of the proposed modification to the Zoning Code to permit existing and proposed encroachments into the 10 foot rear yard 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 or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. • 5. The approval of Use Permit No..2045 (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 or improvements in the neighborhood or the general welfare of the City, inasmuch as the operation of the existing restaurant use has not been detrimental to the neighborhood and the proposed expansion is minor in nature. CONDITIONS: 1. That development shall be in substantial conformance with the approved revised plot plan, floor plans, and elevations; except as noted below. 2. That the structure shall maintain a minimum rear setback from the alley of 2 feet on the first. floor and 5 feet on the second floor of the structure. • II II II II MINUTES INDEX • May 6, 1982 m w City of Newport Beach 3. That twenty -three (23) in -lieu parking spaces shall be .purchased from the City on an annual basis for the duration of the restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. 4. That employees of the restaurant shall be required to park in the Municipal parking lot. 5. That grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 6. That all mechanical equipment and trash areas shall be screened from adjoining streets, the alley, or adjacent properties.. 7. That a washout area for trash containers be provided in such a way as to allow direct drainage .into the sewer system and not into the Bay or the storm drains. 8. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. 9. That the applicant shall obtain the services of an acoustical engineer and shall provide evidence of existing ambient outside noise levels and proposed interior noise levels. The building shall be insulated in such a manner as to maintain outside sound at the existing ambient level. 10. The noise from the proposed live entertainment shall be confined to the interior portions of :the proposed restaurant facility. In addition, no amplified music shall be performed. -26- MINUTES INDEX - May 6, 1982 m [0 0 F City of Newport Beach MINUTES INDEX Commissioner Balalis expressed his concern with the noise factor and asked if the ski instructor will be -27- 11. That all conditions of approval of Resubdivision No. 713 shall be fulfilled. 12. That the restaurant facility shall be limited to the following hours of operation: 5:00 p.m. to 12:30 a.m., Monday through Friday. 5:00.p.m. to 1:00 a.m., Saturday 10:00 a.m. to 12:30 a.m., Sunday * x Request to permit the establishment of an outdoor Item #9 portable ski ramp in the rear parking area on property located in the Retail Service Commercial area of the Mariner's Mile Specific Plan Area. The proposal also includes modification of the Zoning Code to redesign • ,a the existing parking area so as to use tandem and compact car spaces for a portion of the required USE PERMIT on -site parking. NO. 2076 LOCATION: A portion of Lot A, Tract No. 919,. - - located at 2500 West Coast Highway, .on the northerly side of West Coast Highway, easterly of Tustin Avenue, in Mariner's Mile. ZONE: SP -5 APPROVED CONDI- APPLICANT: Newport Ski Co., Newport Beach TIONALLY OWNER: Jakosky Trust, Costa Mesa The public hearing opened in connection with this item and Mr. Jeff Jones and Mr. John Vallely, the applicants, appeared before the Commission. Mr. Jones described the proposed ski ramp and requested its approval. He stated that the ski ramp will be covered after closing hours. Commissioner Balalis expressed his concern with the noise factor and asked if the ski instructor will be -27- COMMISSIONERS May 6, 1982 MINUTES � x � r t m � m x w City of Newport Beach CALL INDEX using amplification. Mr. Jones stated that no amplification will be utilized. Commissioner Allen asked if the ski ramp can be screened with an opaque material, to be reviewed by the Planning Department. Mr. Jones stated that.this would be acceptable. He stated that they are also considering the use of a canvas cover. Commissioner, Allen expressed her concern with the visual impact from the view park located to the rear of the property and suggested that the staff review the method of screening to be utilized by the applicant. In response to a question posed by Commissioner I Kurlander, Mr. Jones .explained the proposed outdoor . lighting system. Mr. Jones referred to Condition of Approval No. 14, relating to the 12 foot dedication, and stated that . they are unable to comply with this condition because of their existing lease with Mr. Jakosky, the owner of the property. Mr. Don Webb, City Engineer, referred to the revised Condition No. 14, which the Public Works Department had submitted to the Planning Commission. Mr. Bob Burnham, Assistant City Attorney, suggested that Condition No. 14 read as follows, "That the applicant shall enter into an agreement, prepared by the applicant and approved by the City Attorney, pursuant to which applicant waives any right to compensation for any taking of applicant's property, real or personal, tangible or intangible, including goodwill, that may result from, or in anyway relate to, the ultimate widening of West Coast Highway." He stated that the remaining portions of the Condition as revised by the Public Works.Department would remain the same. Mr. Burnham stated that in this way, there is no offer of dedication by the applicant, or assignment or sublease with the owner. He stated that there is nothing in the applicant's agreement with the owner which would prohibit this. IIIIII11 -28- MMISSIONERS MINUTES May 6, 1982 � s �r c m � m [t=CACLL' m w City of Newport Beach I NDEX Mr. Jones stated that they would be willing to submit this revised condition to their landlord for his approval. Commissioner Balalis stated that a specific time period on the use permit should resolve this problem. Mr. Webb stated that the staff has suggested, as a condition of. approval, a two year period of time, and any extension shall be subject to the approval of the Modification Committee. Mr. George Clark, resident of 212 Tustin Avenue, expressed his concerns with the noise and traffic which will be generated from the proposed use. He stated.- that a greater number of standard sized parking spaces should be required for this use. He presented . photographs of the site which he had taken during an . average day, which depicted the parking congestion of the immediate area. He stated that the rollers which will be utilized in operating the ski ramp until 9:00 p.m., will create a great .noise problem for the adjacent residential area. Mr. Bill Laycock, Current Planning Administrator, stated that staff has suggested an alternate parking plan whereby the compact car spaces would be deleted. He also stated that Condition of Approval No. 7, provides for the sound attenuation of the equipment used to operate the ski.ramp. Commissioner Beek referred to a letter received from Mr. Aubrey Bogle, attorney. representing Mrs. Margaret Oser, dated May 6, .1982, and asked Mr. Burnham to comment on same. Mr. Burnham stated that the Planning Commission has the authority to act on this application. He suggested an additional finding for the approval of the use permit as follows, "That the proposed use in consistent with Section 20.62.050 B. of the Newport Beach Zoning Code, in that this use is similar in nature to the other listed uses for the Mariner's Mile Specific Area Plan." -29- COMMISSIONERS May 6, 1982 MINUTES X `G r • m W L� w City of Newrprort Beach CALL 77TI I I IINDEX Motion X Motion was made for approval of Use Permit No. 2076, All Ayes X X X X X X X subject to the following findings and conditions, including the additional finding and revised condition as suggested by Mr. Burnham, with the 'additional conditions that the outdoor lighting of the ski ramp shall be turned off at 9:00 p.m., and that the Planning Department shall review the screening plan for the proposed ski ramp, which MOTION CARRIED as follows: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant , environmental impact. I I I I I I I I 3. The proposed use will not preclude the attainment of the Specific Area Plan objectives stated in the • Land Use Element of the General Plan or the Draft Local Coastal Plan. 4. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 5. That the establishment, maintenance or operation of the proposed ski ramp will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification for the tandem parking spaces is consistent with the legislative intent of Title 20 of the Municipal Code. 6. That the proposed use is consistent with Section 20..62.050'B. of the Newport Beach Zoning Code, in that this use is similar in nature to the other listed uses for the Mariner's Mile Specific Area Plan. 9 11111111 -30- � r c d � m c n x m > May 6, 1982 M CONDITIONS: Beach 1. That development shall be in substantial conformance with the approved plot plan, except as noted below. 2. That a minimum of one parking space for each 250 sq.ft. of gross retail commercial floor area (19 spaces) and 3 parking spaces for the outdoor ski ramp shall be provided. 3. That the parking layout shall be designed so as to be in substantial conformance with the approved alternate parking plan. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. That the two tandem parking spaces shall be marked for employees parking only. 5. That the hours of operation for the ski ramp shall be limited to 8:00 a.m. to 9:00 p.m. Monday through Friday and 8:00 a.m, to. 6:00 p.m. on Saturday. The outdoor lighting of the ski ramp shall be turned off at 9:00 p.m. Monday through Friday. 6. That the proposed ski ramp shall be used for ski instruction or demonstration purposes only, and not for general recreational use. 7. That the equipment used to operate the ski ramp shall be screened from view and shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dsa at the property lines. The Planning Department shall review the screening plan for the.proposed ski ramp. 8. That the parking areas shall be maintained in a neat and clean manner, free of trash and other litter. 9. That there shall be no sound amplification equipment used in conjunction with the ski ramp operation. • 1!!11111 _31- MINUTES INDEX May 6, 1982 MINUTES of Newport Beach INDEX 10. That any proposed outdoor 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 residential uses. 11. That this approval shall be for a period of two I (2) years, and any extension shall be subject to the approval of the Modification Committee. 12. That all improvements be constructed as required by the Ordinance and the Public Works Department 13. That the on -site parking and pedestrian I_ circulation systems be subject to further review and approval of the Traffic Engineer. 14. That the applicant shall enter into an agreement, • prepared by the applicant and approved by the City. Attorney, pursuant to which applicant waives any right to compensation for any taking of applicant's property, real or personal, tangible or intangible, including goodwill, that may result from, or in anyway relate to, the ultimate widening of West Coast Highway. Applicant's offer to dedicate applicant's interest shall, in no way, restrict, limit or encumber the development or property rights of the property owner. In the event applicant transfers or sells applicant's interest in Newport Ski Company, this offer to dedicate shall be binding on the successor -in- interest,. unless the. successor's interest terminates the use for which this approval is granted. This Use Permit shall be reviewed by the Planning Commission upon any . change in ownership, unless the successor -in- interest, within 30 days from the date of transfer, terminates the. use for which this approval is granted. • I I� I I I I I -32 � r c � m m c 7c m D 3 -W�m =m �a mx0T May 6, 1982 MINUTES of Newport Beach INDEX 10. That any proposed outdoor 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 residential uses. 11. That this approval shall be for a period of two I (2) years, and any extension shall be subject to the approval of the Modification Committee. 12. That all improvements be constructed as required by the Ordinance and the Public Works Department 13. That the on -site parking and pedestrian I_ circulation systems be subject to further review and approval of the Traffic Engineer. 14. That the applicant shall enter into an agreement, • prepared by the applicant and approved by the City. Attorney, pursuant to which applicant waives any right to compensation for any taking of applicant's property, real or personal, tangible or intangible, including goodwill, that may result from, or in anyway relate to, the ultimate widening of West Coast Highway. Applicant's offer to dedicate applicant's interest shall, in no way, restrict, limit or encumber the development or property rights of the property owner. In the event applicant transfers or sells applicant's interest in Newport Ski Company, this offer to dedicate shall be binding on the successor -in- interest,. unless the. successor's interest terminates the use for which this approval is granted. This Use Permit shall be reviewed by the Planning Commission upon any . change in ownership, unless the successor -in- interest, within 30 days from the date of transfer, terminates the. use for which this approval is granted. • I I� I I I I I -32 COMMISSIONERS May 6, 1982 MINUTES m m m City of Newport Beach [*L CALL INDEX 15. That the subject lots be held in common during the life of the applicant's lease, and that severance of the lots shall constitute termination of the use permit. x x x Request to permit a take -out restaurant in the Item #10 commercial area of the Newport Shores Specific Plan area, and a request to waive a portion of the required off - street parking spaces. LOCATION:- Lots 7 and 8, Block 2, Seashore Colony - - - Tract, located at 211 62nd Street, on USE PERMIT the southwesterly corner of Newport '- NO, 2081 Shores Drive and. 62nd Street, in the Newport Shores Specific Plan Area. ZONE: - SP -4 • APPLICANT: Bryce V. Price, Newport Beach APPROVED CONDI- OWNER: Creative Ways, Costa Mesa TIONALLY The public hearing opened in connection with this item and Mr. Bryce Price, the applicant, referred to his letters dated April 8th and April 26th, 1982, and requested approval of this application. He also explained the surrounding uses and the available parking spaces. He stated that the limited parking for his use has never created a problem. In response to a question posed by Commissioner Balalis, Mr. Price stated that they were not aware that they were in violation of the Code, when they purchased the Bun -N- Barrel restaurant facility. Commissioner Balalis suggested that this use permit be approved for a period of two years, in order to evaluate if the limited parking will create a problem. Mr. Price stated that this would be acceptable. • 11111111 -33- May 6, 1982 MINUTES i m � m W m w. City of Newport Beach INDEX Commissioner Beek asked if there is anything the Planning Commission can do to put new owners on notice as to what they are buying in the City. Mr. Burnham stated that by fixing the number of seats to be permitted in the restaurant as a condition of approval, a purchaser of a restaurant use is then made aware of what he is buying. In response to a question posed by Commissioner Beek, I_ Mr. Bill Laycock, Current Planning Administrator, explained the differences between a delicatessen and a take -out restaurant. Motion X Motion was made for approval of Use Permit No. 2081, Ayes X X X X subject to the following findings and conditions, with Noes X Y X the additional conditions that there be a two year time period on the use permit and any extension shall be - subject to the approval of the Modification Committee, and that the seating shall not exceed 29 persons, or . what is permitted by the Fire Department, whichever is less, which MOTION CARRIED: • - FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to a portion of the required parking spaces circulation, walls, landscaping, and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for may years. 4. The approval of Use Permit No. 2081 will not, under the circumstances of the case be detrimental to the health safety, peace, morals, comfort and .general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. • -34- � r c m � C a p= m G D . IIIIIIII May 6, 1982 M CONDITIONS: EWE MINUTES 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That the parking lot shall be lighted in such a manner as to provide adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. 3. That all mechanical equipment and trash areas shall I be screened from adjoining properties and from adjoining streets. 4 That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the 2 restaurant employees shall park on site during evening hours of the day. 6. That the service of any alcoholic beverages is prohibited unless an amended use permit is approved by the City. 7. That this approval shall be for a period of two (2) years, and any extension shall be subject to the approval of the Modification Committee. 8. That the seating capacity shall not exceed .29 persons, or what is permitted by the Fire Department, whichever is less. INDEX vuvujjnnvw May 6, 1982 X � r � m � m City of Newport Beach MINUTES Request to permit the installation of outdoor lighting Item #11 on 20 foot high standards in conjunction, with an existing tennis court in the R -1 -B -2 District. LOCATION: A portion of Lot 287, Newport Heights Tract, located at 2321 22nd Street on USE PERMIT the southerly side of 22nd Street, NO. 2082 between Irvine Avenue and Tustin Avenue. ZONE: R -1 -B -2 APPLICANT: Roger Luby, Newport Beach OWNER: Same as applicant Staff advised that the applicant for Item No. 11 - Use Permit No. 2082, has requested that this item be continued to the Planning Commission Meeting of May 20, 1982. lon X I Motion was made to continue Item No. 11 - Use Permit Ayes X X X X` No. 2082, to the Planning Commission Meeting of May 20, 1982, which MOTION CARRIED. Continued to May 20, 1982 Request to establish a take -out restaurant.with on -sale Item #12 beer and wine in the C -1 District adjacent to McFadden Square, and to waive a portion of the .required off - street parking spaces in conjunction with said use. The approval also requests a modification in the required size of parking spaces and aisle width. One USE PERMIT of the required parking spaces is also located in the N0. 2083 required 10 foot rear yard setback adjacent to a 10 foot wide alley. LOCATION: Lots 14 and 15, Newport Beach Block Tract, 120, Section A, located at 2001 APPROVED CONDI- West Balboa Boulevard, on the TI NALLY southwesterly corner of West Balboa Boulevard, and 20th Street in the McFadden Square.area. ZONE: C -1 I I I I I I 1 -36- r c m � [D CD c? n m p1 D City of May 6, 1982 t Beach MINUTES INDEX APPLICANT: OWNER: John T. Mione, Balboa Island Ben Chavez, Newport Beach The public hearing opened in connection with this item and Mr. John Mione, the applicant, appeared before the Commission and requested approval of this application. Mr. Mione stated that he has operated a family restaurant on Balboa Island for the past ten years and is now desirous of opening another restaurant on West Balboa Boulevard. Commissioner Allen stated that Mr. Mione operates a decent, family restaurant which would be a benefit to the McFadden Square area. Motion X Motion was made for approval of Use Permit No. 2083, All Ayes X X X X K X X subject to the following findings and conditions, which MOTION CARRIED: - • FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, utilities, and a portion of the parking requirements will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. The approval of Use Permit No. 2083, will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general • welfare of the City. -37- COMMISSIONERS r c m � m C S 6 m 0 w May 6, 1982 MINUTES City of Newport Beach L CALL INDEX 5. That the proposed modification permitting parking within the required 10' rear yard setback and substandard size parking spaces and aisle width in this case would not be detrimental to the persons, property and improvements in the neighborhood, and that the applicant's request would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. CONDITIONS: { ( I I 1. That development shall be in substantial I I conformance with the approved plot plan and floor plan except as noted below. 2. That any new exterior lighting and signs shall conform to Chapters 20.06 and 20.72 of the Newport Beach Municipal Code. • 3. That all mechanical equipment and trash areas shall be screened from public streets, alleys or adjoining properties. 4. That the development standards related to circulation; walls, landscaping, utilities and a portion of the parking requirements are waived. 5. That the parking lot shall be striped in a manner satisfactory to the City Traffic Engineer. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control odors and smoke in.accordance with Rule 50 of the Air Pollution Control District. 8. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. • 1 111 1111 -38- COMMISSIONERS May 6, 1982 MINUTES � r c m � m W m City of Newport Beach L CALL 7ri I I I INDEX 9. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 10. That the restaurant facility shall be limited to I the hours of 9:00 a.m. to 11:00 p.m..daily. 11. That trash receptacles shall be provided in convenient locations inside the building. 12. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. x • Request to allow a portion of the required open space Item #13. within the front 12 feet behind the front setback area to maintain a dimension of less than 6 feet in conjunction with the expansion and alteration of an existing single family dwelling in the R -1 District. VARIANCE LOCATION: Lot 4 and portions of Lots 3 and 5, NO. 1091 Block 142, Resubdivision of Corona del Mar Tract, located at .3616 Ocean Boulevard, on the northerly side of Ocean Boulevard, between Orchid Avenue and Poinsettia Avenue, in Corona del APPROVED Mar. CONDI- TI NALLY ZONE: R -1 APPLICANT: George T. Hall, Corona del Mar OWNER: Same as applicant The public hearing opened in connection with this item and Mr. George Hall, the applicant, appeared before the Commission and requested approval of this application. • 11111111 -39 May 6, 1982 MINUTES I.IR.MI Motion All Ayes • Mr. Savo Stoshitch, architect of the project, appeared before the Commission. Mr. Stoshitch stated that an adequate amount of open space is being provided elsewhere on the property and requested approval of this application. X) IX IX I Motion was made for approval of Variance No. 1091,. X X subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the building proposed in this application as it pertains to the provision of open space, which circumstances and conditions do not generally apply to buildings in the same district inasmuch as the existing building is developed on a bias to the front property line which causes a portion of the open space in front of the building to have a dimension of less than 6 feet. 2. That the granting of a variance to the open space requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as adequate open space is being provided elsewhere on the property. 3. That the establishment, maintenance, and operation . of the remodeled single family dwelling with the required open space provide elsewhere on the site will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 11111111 -40- � r c � m m City of Newport Beach I.IR.MI Motion All Ayes • Mr. Savo Stoshitch, architect of the project, appeared before the Commission. Mr. Stoshitch stated that an adequate amount of open space is being provided elsewhere on the property and requested approval of this application. X) IX IX I Motion was made for approval of Variance No. 1091,. X X subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the building proposed in this application as it pertains to the provision of open space, which circumstances and conditions do not generally apply to buildings in the same district inasmuch as the existing building is developed on a bias to the front property line which causes a portion of the open space in front of the building to have a dimension of less than 6 feet. 2. That the granting of a variance to the open space requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as adequate open space is being provided elsewhere on the property. 3. That the establishment, maintenance, and operation . of the remodeled single family dwelling with the required open space provide elsewhere on the site will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 11111111 -40- � r c m � W W ro May 6, 1982 on CONDITIONS: Beach 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as otherwise provided below. 2. That two garage parking spaces shall be provided MINUTES INDEX in conjunction with this project and that said parking spaces shall be used exclusively for the parking of vehicles associated with the single family residential use. 3. Chimneys shall be permitted in excess of height limits to the minimum extent required by the . Uniform Building Code. • Request to allow a portion of the required open space Item #14 within the front 12 feet behind the front setback area to maintain a dimension of less than 6 feet in conjunction with alterations and additions to an existing single family dwelling in the R -1 District. The proposal also includes a modification to the Zoning Code so as to allow a garden window to encroach one VARIANCE foot into the required 4 foot easterly side setback NO. 1093 area and a second story bay window which encroaches one foot into the required 2.5 foot rear setback area adjacent to a 20 foot wide alley. LOCATION: Lot 27 and a portion of Lot 26, Block G, APPROVED Tract No. 518, located at 2017 Miramar CONDI- Drive, on the southerly side of Miramar TIO LLY Drive, between L Street and.M Street, on the Balboa Peninsula. ZONE: R -1 APPLICANT: Steven Dobbie, Newport Beach OWNER: Mr. & Mrs. John Wilson, Newport Beach _ • -41- wvv%w.w 14un.w May 6, 1982 � r e • m W m w City of Newport Beach The public hearing opened in connection with this item and Mr. Steven Dobbie, the applicant, appeared before the Commission and requested approval of this application. He stated that they have provided the required amount of open space, however it is not with a minimum 6 foot dimension within the first 12 feet behind the front yard setback. Commissioner Beek stated that the Municipal Code should automatically grant requests of this nature. He stated that the Ordinance should be revised to standardize the open space requirements for all zoning districts in the Residential Development areas. Motion X. Motion was made for approval of Variance No. 1093, All Ayes X X X X X subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: . 1. That there are exceptional or extraordinary circumstances applying to the building proposed in this application as it pertains to the provision of open space, which circumstances and conditions do not generally apply to buildings in the same district inasmuch as the subject property has a greater buildable width than other lots in the area, which requires a greater amount of open space than is provided on surrounding properties. 2.- That the granting of a variance to the open space requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as adequate open space is being provided elsewhere on the property. 3. That the proposed side and rear setback encroachments are minor in nature and will not obstruct any views from adjoining properties. 4. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort • 11111111 -42- MINUTES INDEX COMMISSIONERS May 6, 1982 MINUTES r c m W m m W City of Newport Beach LL CALL INDEX and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification for the window encroachments into the side and rear setbacks is consistent with the legislative intent of Title 20 of the Municipal Code. . 1. That development shall be in substantial I conformance with the approved plot plan, floor plans and elevations except as otherwise provided below. 2. That all vehicular access be taken from the alley. • 3. That two garage parking spaces shall be provided in conjunction with this project and that said parking spaces shall be used exclusively for the parking of vehicles associated with the single family residential use. 4. Chimneys shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code. Request to consider an amendment to Title 19 of the I Item #15 Newport Beach Municipal Code as it pertains to extending the allowable expiration dates for resubdivisions and tentative maps. AMENDMENT INITIATED BY: The City of Newport Beach - N .. 571 Staff recommended approval of this application so that the City's Subdivision Code will be consistent with the APPROVED recently approved amendment to the Subdivision Map Act.. • 11111111 -43- Motion All Ayes n lJ • 01 � r c m W > > m x N J X Ix I A xixixix May 6, 1982 of Newport Beach Motion was made to adopt Resolution No. 1079, approving Amendment No. 571, which MOTION CARRIED, as.follows: 19.16.010 PREPARATION AND FILING. - Except as provided in Section 19.16.040, and within three years after approval of conditional approval of the tentative map, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved. Twenty copies of the final map shall be filed with the Planning Commission at least twenty -seven days prior to the meeting thereof at which consideration is desired. One extension of time not to exceed two years; may be granted by the City Council upon recommendation by the Planning Commission, providing written application is made by the subdivider within three years after action on the tentative map. Proposed amendment to the Newport Beach General Plan to increase the allowable number of residential units on the North Ford Site and to designate a park northerly of Eastbluff Drive extended. INITIATED BY: The City of Newport Beach The discussion opened in connection with this item and Mr. Robert Lenard, Advance Planning Administrator, . presented background information relating to this item. Commissioner Beek asked why this one parcel is being singled out for consideration of a density increase at this time. Mr. Lenard stated that some of the Planning Commission members and City Council members have expressed an interest in the North Ford site during the past year for a possible General Plan Amendment that would provide affordable housing for "moderate" and "middle" income families. He further stated that this particular site would be considered to have fewer, serious environmental constraints, than other vacant parcels in the City. -44- MINUTES INDEX RESOLUTION N0, 1079 Item #16 PROPOSED GENERAL PLAN AMENDMENT ENERAL PLAN AMENDMENT BE INITIATED May 6, 1982 MINUTES � r c m � m m W % O I City of Newport Beach INDEX In response to a ,question posed by Commissioner Beek, Mr. Lenard stated that the property owner, The Irvine Company, has not requested the General Plan Amendment. Mr. Lenard stated that staff has suggested the General Plan Amendment process for this site. Commissioner Allen asked how the 25 percent density increase, as referred to in the Housing Element, relates to the proposed General Plan Amendment. Mr. Lenard stated that the proposed density increase on the North Ford site would more than satisfy the five year goal as set by the Housing Element. He further stated that this would not preclude the Commission from considering other sites. Commissioner Allen suggested that the Commission receive information relating to legislation which affects the other undeveloped sites, and how a density increase on this site will fulfill the commitment • City -wide on the undeveloped sites for affordable housing. Motion X Motion was made to recommend to the City Council that Ayes X X X X K X the proposed General Plan Amendment be initiated and Noes X that staff be directed to set this item for public hearing before the Planning Commission after preparation of any necessary environmental documents, which MOTION CARRIED. - ADDITIONAL BUSINESS Excused Absences Motion . X Motion was made for. excused absences as follows: All Ayes X X X X X Commissioner Allen from the meetings of May 20, 1982 and June 10, 1982= Commissioner King from the meeting of May 20, 1982, and, Chairman McLaughlin from the meeting of May 20, 1982, which MOTION CARRIED. - • IIIIIIII ::' MMISSIONERS May 6, 1982 MINUTES C m W x N 3 City of Newport Beach M MLL CALL 1 1 1 1 1 1 1 1 1INDEX 1 DeAnza Mobile Home Park Mr. Richard Hogan appeared before the Commission and requested that the rezoning of the DeAnza properties be rescheduled from the June 10, 1982, Planning Commission Meeting, in that both he, representing the property owner, and Mr. Tom Peckenpaugh, attorney for DeAnza, will be out of town on that date. In response to a question posed by Chairman McLaughlin, Mr. Hogan stated that the Planning Commission Meeting of June 24, 1982, would be acceptable. Commissioner Allen requested that all of the tenants of I Promontory Point and DeAnza Mobile Home Park, be legally noticed of this item. Commissioner Beek stated that the date of the meeting should not be changed. Commissioner Kurlander concurred and stated Mr. Hogan has had proper notice of • the meeting and has ample time to arrange for a representative to be present at the meeting. Mr. Hogan again requested that the meeting date of June 10, 1982, be changed in order that he and Mr. Peckenpaugh may attend the meeting. Motion X Motion was made to reschedule the public hearing on an Ayes X X X x amendment of a portion of Districting Map No. 65 Noes X X X involving specific parcels at 300 E. Coast .Highway, known as the DeAnza Mobile Home Park, from the P -C District to the P -C/MHP District, from June 10, 1982 to June 24, 1982, which MOTION CARRIED. x x x There being no further. business, the Planning Commission adjourned at 11:30 p.m. x x x Joan Winburn, Secretary Planning Commission City of Newport Beach. -46-