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HomeMy WebLinkAbout05/18/1978I#0 COMMISSIONERS City of Newport Beach Regular Planning. Commission Meeting o Place: City Hall-Council Chambers �p Time: 7:00 p.m. Date: Mav 18 1978 MOLL CALL Present x x X X Absent x Ex- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director.- Planning David Dmohowski, Advance Planning Administrator Joanne Bader, Secretary Motion x Minutes of the Regular Meeting of April 6, 1978 Ayes x x x x were approved as written. 10 ent x Motion x Minutes of the Regular Meeting of April 20, 1978 Ayes x x x x were approved as written. Absent x Request to consider the following proposed amendments to the Newport Beach General Plan: 78 -1 -A: A proposed amendment to the Land Use and Residential Growth Elements to change the designation on the 17.2 acre Caltrans parcel at the northwest corner of Superior Avenue and Nest Coast Highway from "Multi- Family Residential" to "Medium- Density Residential" and establishing a maximun number of dwelling units to be permitte on the subject site. 78 -1 -B: A proposed amendment to the Land Use and Residential Growth Elements to designate a 2.3 acre parcel, adjacent to the Newport Terrace development Page 1 MINUTES V UNOLS Item #1 COMMISSIONERS City of Newport Beach Mav 18. 1978 NOLL CALL (former City dump site) and currently in the City of Costa Mesa, for "Medium- Density Residential" use, in connection with prezoning and annexation of the subject property in the City of Newport Beach. 78 -1 -C: Proposed amendments to the Land Use, Residential Growth and Circulation Elements in connection with the General Plan Review to include: 1. Possible reduction in allowable intensity of development on the major commercial /industrial undeveloped sites, including, but not limited to, the following: (a) Newport Center (b Koll Center Newport (c) Emkay Newport Place (d Castaways Commercial Site (e) Bayview Landing Site (f) Aeronutronic Ford Industrial Site (g) San Diego Creek Sites. 2. Possible reduction in the number c dwelling units allowable on the major residential undeveloped site including, but not limited to, the following: (a) Aeronutronic -ford Residential Site (b) Westbay Site (c) Newporter North (d) Freeway Reservation West of MacArthur Boulevard (e) Fifth Avenue Parcels (f Caltrans Parcels West Newport (g Beeco Property (h) Newport Heights R2 District (i) Vacant residential parcel to the south of Roger's Gardens 3. Development of a phasing plan to coordinate new development with planned improvements in the circu- lation system. Page 2 MINUTES S, 4011 INCIM a COMMISSIONERS y �\S City of Newport Beach May 18, 1978 MOLL CALL 4. Revision of the existing density classification system to use numerical density categories. 5. Assessment of possible reductions in allowable development in terms of fiscal impacts and environmenta', considerations. Community Development Director Hogan advised tha- General Plan Amendment 78 -1 has been under con- sideration for some time and has been held up in action to allow for completion of Traffic Model tests. Due to technical difficulties, it appear! that results from the Traffic Model tests may be delayed further. As a consequence of this delay staff is suggesting the consideration of adoptin! an Interim General Plan Amendment. This Interim General Plan Amendment would establish a limit • in further development of the major undeveloped areas within the City until the Traffic Model Study can determine whether the present General Plan intensity is a viable one in relationship to the traffic system, or whether a reduced development program as proposed in this Interim Amendment should be continued. Mr. Hogan advise that as part of the Traffic Model Study, the Planning Commission suggested a reduction in intensity of approximately 5 DU's /acre for the undeveloped residential lands, and a reduction o approximately 21% for the major commercial and industrial areas. He advised that staff is suggesting that this Interim Plan consider establishment of the General Plan at those reduc intensities. He further advised.that it is staff's suggestion that this matter be continued to the meeting of June 1, 1978 to al.low time for public consideration of this proposal and fo staff to prepare the environmental, documentation which is necessary before action can be taken. David Dmohowski, Advance Planning Administrator, explained how the 21.4% reduction figure was derived; i.e., it was based on an overall 500,00 . sq. ft. test reduction in Newport Center, which Page 3 ed INDEX COMMISSIONERS City of Newport Beach MINUTES NOLL CALL May 18, 1978 represented a 21.4% reduction in the existing maximum allowable floor area permitted under the zoning for Newport Center.. This percentage was consequently applied to the other major commercia' and industrial sites. In the case of residential projects, Mr. Dmohowski advised that the Planning Commission requested that the Traffic Model be tested using a general density of.5 DU's /acre. Mr. Dmohowski then reviewed staff's suggested added wording to the Land Use Element, as outlined in the staff report, with respect to the Traffic Phasing of Development Ordinance and wording pertaining to the funding system. He thei reviewed the alternative residential density classification system that staff has prepared as a result of dissatisfaction expressed with the existing system of classifying residential density; that is, with low -, medium -, two and multiple - family residential categories. Public hearing was opened in connection with this matter and David Simms, representing the State of California, owner of Parcel 78 -1, appeared before the Planning Commission. He advised that there are presently 258 dwelling units permitted on the site; the Interim General Plan Amendment would reduce the allowable dwelling units to 64, which amounts to a 75% reduction. He voiced concern that no other parcel that would be affected by this amendment would be reduced by this amount, and, therefore, Mr. Simms felt that this type of reduction would be discriminatory against the Stat.e.of California. Mr. Simms felt that if this parcel were limited to 138 dwellings, it would then fall in line with the reduction percentages that apply to the other residential units. David Shores, 12 Tribute Court, appeared before the Planning Commission on behalf of the Newport Crest Homeowners Association. He spoke in favor of keeping the dwelling limiton Parcel 78 -1 as proposed at 64 DU's. He also commented on the serious erosion problem on this parcel. Laura McClellan, 527 Westminster Avenue, appeared before the Planning Commission to comment on the traffic situation on Westminster Avenue. She felt that most of the traffic is not generated by the people that live in that area, but rather by people that use Westminster Avenue as a Page 4 INDEX E COMMISSIONERS 9 1 POLL CALL • Motion Ayes Absent 0 City of Newport Beach May 18, 1978 MINUTES INOtX :o Costa Mesa. She voiced concern le do not obey the 35 MPH speed limit :hat a stop sign at Westminster i Clay Street would alleviate the She also voiced concern with down- area from R -2 to R -1 as her home i be.in a nonconforming area and the ier home would be consequently affected. ier Agee suggested that Mrs. McClellan otter to the City Council with regard ig the installation of a stop sign at �r Avenue and Clay Street. >t, 2601 Lighthouse Lane, appeared Planning Commission on behalf of the Hills Community Association. Mr. Arst that 80% of the residents of Harbor !der any commercial changes to the the Roger's Gardens site to be able as they feel that a commercial area residential neighborhood is inconsistent pity's General Plan. In light of the the present zoning is the desire of ity of the community and the present appropriate and usable, he respectfully that the Planning Commission remove from the definition of "Commercial" in this proposed amendment. s made that Pl.anning Commission continue hearing on this matter to its meeting 1978. o establish one parcel of land where two Item #2 exist so as to permit the conversion of RESUB- al units into a residential condominium D N IS ON R0 -5'FO— Lots 12 and 13, Tract No. 3606, APPROVED located at 1100 Rutland Road, on SDI- the easterly side of Rutland Road, Tr-To Y between Mariners Drive and Bedford Lane in Westcliff. R -3 C.E.L.S. Corporation, Tustin Wm. C. and Evelyn Gray, Santa Ynez Same as Applicant Page 5 shortcut 1 that peop' and felt I Avenue and problem. zoning thl would thel value.of I Commissiol write a 11 to pursuit Westminsti Philip Ar! before thi Broadmoor commented View cons south of objection, within a with the fact that the major zoning is requested this site as listed X X X X X Motion wa the publi X of June 1 Request t lots now residenti complex. Location: Zone: Applicant Owner: Engineer: MINUTES INOtX :o Costa Mesa. She voiced concern le do not obey the 35 MPH speed limit :hat a stop sign at Westminster i Clay Street would alleviate the She also voiced concern with down- area from R -2 to R -1 as her home i be.in a nonconforming area and the ier home would be consequently affected. ier Agee suggested that Mrs. McClellan otter to the City Council with regard ig the installation of a stop sign at �r Avenue and Clay Street. >t, 2601 Lighthouse Lane, appeared Planning Commission on behalf of the Hills Community Association. Mr. Arst that 80% of the residents of Harbor !der any commercial changes to the the Roger's Gardens site to be able as they feel that a commercial area residential neighborhood is inconsistent pity's General Plan. In light of the the present zoning is the desire of ity of the community and the present appropriate and usable, he respectfully that the Planning Commission remove from the definition of "Commercial" in this proposed amendment. s made that Pl.anning Commission continue hearing on this matter to its meeting 1978. o establish one parcel of land where two Item #2 exist so as to permit the conversion of RESUB- al units into a residential condominium D N IS ON R0 -5'FO— Lots 12 and 13, Tract No. 3606, APPROVED located at 1100 Rutland Road, on SDI- the easterly side of Rutland Road, Tr-To Y between Mariners Drive and Bedford Lane in Westcliff. R -3 C.E.L.S. Corporation, Tustin Wm. C. and Evelyn Gray, Santa Ynez Same as Applicant Page 5 COMMISSIONERS City of Newport Beach May 18, 1978 NOLL CALL Commissioner Frederickson read a letter from Mr. Thomas Powell, attorney representing the Owner, Mr. William Gray. This letter, dated May 9, 1978, advised that Mr. Gray consents to t consideration of his Tentative Map at the next regularly- scheduled meeting of the Planning Commission, notwithstanding.that such meeting wi be held after the expiration of the 50 -day perio provided for by Government Code Sections 66452.1 and 66452.4. Public hearing was opened in connection with thi item and William Gray, Owner, appeared before th Planning Commission to review the merits of this proposal. He concurred with the conditions of approval as recommended by staff and presented a letter signed by the twelve prospective buyers approving of the project and respectfully requesting Planning Commission approval. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion.was made that Planning Commission make th Ayes X X X X following findings: Absent % 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code all ordinances of the City, all applicable general or specific plans and. the Planning Commission is satisf1ed with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the proposed nonconforming features on the site that will be created from combining two lots into one building site is only a technicality, and presents no from .problems a building or planning standpoint. 4. That each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 5. That each of the tenants of the proposed con minimum will be given notice of an exclusive right to contract for.the purchase of their respective units upon the same terms and conditions that such units will be Page 6 MINUTES INDEX he 11 d . „ COMMISSIONERS � v 4 City of Newport Beach May 18, 1978 MOLL CALL initially offered to the general public or terms more favorable to the tenant. and approve Resubdivision No. 580, subject to the following conditions: 1. That a parcel map be filed. 2. That there shall be submitted a declaration of Covenants, Conditions and Restrictions, setting forth an enforceable method of insuring the continued maintenance of the existing landscaping, fencing, residential structures and utility facilities as well as a requirement for any enforceable method of rehabilitation or replacement of the structures on the site. In addition the CC &R's shall also include, for prospective owners, disclosures regarding sound trans- mission between units and the absence of so .attenuation materials or construction if su do not exist. The CC &R's shall also includ a disclosure of any common sewer line or of common utilities found to service the condo minimum and the maintenance responsibilitie of said utilities. Furthermore, the City shall not be held responsible for any futur problems with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condominiu shall be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community Devel opment as evidence that this condition has been met. 4. That each of the tenants of the proposed condominium shall be given written notice o an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenan The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report issued pursuant to Section 11018.2 of the Business and Professional Code, unless the Page 7 MINUTES ch e he e. to INOWX COMMISSIONERS City Of Newport Beach MINUTES MOLL CALL May 18, 1978 tenant gives prior written notice of his intention not to exercise the right. A copy of said written notice shall be provided to the Director of Community Development as evidence that this condition has been met. 5. That a licensed electrical, plumbing and mechanical contractor shall review existing systems and certify their condition to the Building Official prior to conversion. 6. That all existing fire protection equipment, such as but not limited to, wet stand pipes, fire extinguishers, fire sprinkl.er systems, etc. shall be inspected prior to conversion. That existing geological and soil conditions shall be reviewed. Where evidence of questionable geological or soil conditions are found to exist, the Building Official shall have the authority to require new soils' investigations. 8. That all dwelling units shall be required to meet the minimum state standards for sound separation between dwelling units. 9. That all dwellings.shall be provided with smoke detectors. 10. That consideration shall be given to providing each dwelling unit with a.separate electrical service. Request to permit the construction of a second floor bedroom and bath addition and interior alterations to an existing single - family dwelling which has the following features: 1.) a one - car (11' x 19') garage (where the Code requires a two car (18' x 20') garage; 2.) a 1'S" east side yard at the fireplace (where the Code requires a 2'0" dimension); 3.) a 2'4" east side yard set- back at the garage (where the Code requires a 3'0" setback); and 4.) a 7" arage encroachment into the alley right -of -way where the Code requires a 2'6" rear yard setback). Page 8 INOIX • Item #3 MODIFI- AT� ION 22 6 APPROVED CONDI- Tr CCLY 0 COMMISSIONERS City of Newport Beach MINUTES • May 18, 1978 NOLL CALL Location: Lot 5, Block L, Tract No. 518, located at 1718 Plaza del Norte, on the northerly side of Plaza del Norte between I Street and L Street on Peninsula Point. Zone: R -1 Applicant: Maudette Ball, Balboa Owner: Same as Applicant Appellant: Same as Applicant Assistant Director - Planning Hewicker presented the Revised Plot Plan which provides a second parking space to be located at the rear of the property. This parking space is approximately 7' wide and 172' deep. He advised that staff • would have no major objection to this proposed the exception that staff would revision with suggest that the space be widened so as to provide a minimum width of 72', which is the standard width for a compact parking stall. Public hearing was opened in connection with this item and Robert Lane, Architect, appeared before the Planning Commission and advised that this revision was not proposed earlier due to economic constraints. Inasmuch as only the forward two feet of the parking space is 7' wide and the remainder of the garage is nearly 12' wide, Mr. Lane did not feel that getting a car in this space would create a considerable. problem. He advised that although the parking does not meet in detail the City's requirements, from a practical standpoint it will work. Assistant Director - Planning Hewicker commented that this space is also short, as it is only 172' in length, where the Code requires 20'. Mr. Lane advised that in order to provide the additional 6" of parking space, an existing wall would need to be removed and, consequently, would result in the removal of closet space. • He further advised that it is a rare car, with the exception of limousines, that would exceed 17' in length. Page 9 INO<X COMMISSIONERS POLL CALL Motion Ayes Absent fE City of Newport Beach May 18, 1978 3all, Applicant, appeared before the 'ommission and commented that even )int, she is going to end up with far re footage in garage area than is She advised that in order to provide ional 6" of parking space, closet space I to be removed. . ig no others desiring to appear and be public hearing was closed. MINUTES s made that Planning Commission make the findings: the existing nonconforming features are in nature. the required number of parking spaces are being provided in conjunction with evised plan. ve Modification No. 2216, subject to the condition: development shall be in substantial rmance with the revised plot plan. permit the construction of a 6'0" fence to replace an existing 6'0" a which encroaches to 1'0" of the rear line (where the Code requires a 5'0" ien abutting a 10 -foot wide alley. Lots 16 and 17, Block 25, Eastside Addition to the Balboa Tract, located at 1608 -1610 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between H Street and I Street on Peninsula Point. R -1 Jane C. Parks, Palos Verdes Estates Same as Applicant Same as Applicant Page 10 iNOtX • Item #4 MODIFI- C TT-1 UT N U.- 27 DENIED 0 Maudette Planning at this p more squa required. the addit would nee There bei heard, th X Motion wa X X X following X 1. That minor 2. That (two) the r and appro following 1. That confo Request t slumpston wood fenc property setback w Location: Zone: Applicant Owner: Appellant 3all, Applicant, appeared before the 'ommission and commented that even )int, she is going to end up with far re footage in garage area than is She advised that in order to provide ional 6" of parking space, closet space I to be removed. . ig no others desiring to appear and be public hearing was closed. MINUTES s made that Planning Commission make the findings: the existing nonconforming features are in nature. the required number of parking spaces are being provided in conjunction with evised plan. ve Modification No. 2216, subject to the condition: development shall be in substantial rmance with the revised plot plan. permit the construction of a 6'0" fence to replace an existing 6'0" a which encroaches to 1'0" of the rear line (where the Code requires a 5'0" ien abutting a 10 -foot wide alley. Lots 16 and 17, Block 25, Eastside Addition to the Balboa Tract, located at 1608 -1610 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between H Street and I Street on Peninsula Point. R -1 Jane C. Parks, Palos Verdes Estates Same as Applicant Same as Applicant Page 10 iNOtX • Item #4 MODIFI- C TT-1 UT N U.- 27 DENIED 0 C� J COMMISSIONERS h City `y Of Newport . Beac, 1 MINUTES May 18, 1978 DOLL CALL Public hearing was opened in connection with this item and Ralph Parks, 1606 East Balboa Boulevard, appeared before the Planning Commissio and brought notice to an error in the staff report in that the existing wood fence is 6'0 "; not 5'0 ". With respect to Mrs. Moore's objection to this proposal, Mr. Parks advised that the proposed slumpstone wall would be an aesthetic improvement and that it would not chang access to her property. Contrary to the findings of the Modifications Committee, Mr. Parks did not feel that replacing the existing fence with an attractive wall could be "detrimental to persons, property, and improvements in the neighborhood ", or that such an improvement would set a precedent. He felt that it would be to the City's benefit to have this nonconforming use perpetuated with an attractive wall, rather than to maintain indefinitely the present fence. There being no others desiring to appear and • be heard, the public hearing was closed. Community Development Director Hogan stated that the intent of the Modifications Committee in denying this proposal was merely to uphold the law in the same way that it is applied to every other property owner. He also stated that the present fence is nonconforming and in every case where a nonconforming structure of any kind is removed, it has been the policy of the City, and it is the Ordinance position, that the new structure should be built in a conforming manner. Community Development Director Hogan explained the reason for the City's requirement for setbacks on these property lines; i.e., to allow movement of cars into the garages by use of the extra alley width that is provided on each side by the opposite property owner. The fence on Mr. Parks' property does not provide the required additional access that would be helpful to the property across the alley. Consequently, the opposite property owner, Mrs. Moore, has had to provide additional setback on her own property which allows for the movement of cars in and out. X Motion was made that Planning Commission deny #tion es X X X the appeal and sustain the findings of the oes X Modifications Committee, to wit: Absent X Page 11 INOtX COMMISSIONERS vp j, � k\000\ �� <` 'IF City of Newport Beach May 18, 1978 NOLL CALL 1. That the proposal would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That the proposed development would set a precedent for continuance of other similar setback encroachments in the neighborhood. 3. That approval of the Modification would perpetuate an existing nonconforming use. Request to amend a previously approved use permit that permitted the establishment of a take -out and outdoor restaurant facility with on -sale beer and wine on the property so as to change the required closing time from 5:00 p.m. to 11:00 p.m., and the acceptance of an environmental document. The proposed developme also includes the addition of tables and seats in the patio area and in an existing commercial building where a maximum of four tables and sixteen seats were originally permitted, and tY acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lot 4 and a portion of Lot. 5, Block L, Tract No. 323, located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway between Dahlia Avenue and Fernleaf Avenue in Corona del Mar. Zone: C -1 Applicant: Pilar Wayne, Corona del Mar Owner: Craig Richter, Laguna Beach Public hearing was opened in connection with this item and Pilar Wayne, Applicant, appeared before the Planning Commission and concurred with the conditions of approval as set forth in the staff report. Page 12 MINUTES 0 INC<X Item #5 USE TTWIT �T77� APPROVE ant TIONALL le • • COMMISSIONERS City of Newport Beach May 18, 1978 MINUTES MOLL CALL Ron Hagen, 7132 Fernleaf, owner of the property directly behind the parking lot and also partner of Ms. Wayne, appeared before the Planning Commission to review the proposal. He commented that the courtyard area has been landscaped to a very desirable atmosphere that he feels is compatible with Corona del Mar and Newport Beach. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make Ayes X X X X the following findings: Absent X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. • 3. The Police Department has indicated that thel do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in conjunction with the proposed remodeling and expansion of the subject outdoor restaurant use. 5. The offstreet parking spaces for the expander restaurant on separate lots from the buildin4, site is justifiable for the following reasons: a. The off -site lots adjoin the restaurant site and will be easily accessible. b. The proposed development will not create undue traffic hazards in the adjoining area. c. The applicant has been authorized to utilize the ten offsite parking spaces at 2700 East Coast Highway for at least three years. The one offsite parking space located to the rear of the beauty parlor in the Fernleaf Courtyard is owned by the same property owner of the adjoining restaurant site. Page 13 INOI.X COMMISSIONERS I4OLL CALL City of Newport Beach May 18, 1978 6. That the waiver of the development standards as they pertain to on -site parking, circulation, walls and landscaping, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structures have been in existence for many years. MINUTES. 7. The approval of Use Permit No. 1772 (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 neighborhoo or the general welfare of the City. and approve Use Permit No. 1772 (Amended), . subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 10 parking spaces shall be provided on Lots 4 and 6, Block 733, Corona del Mar, during the evening hours, for at least three years, and one parking space located on Lot 5, Block L, Tract No. 323, it all times. 3. That the restaurant facility shall not be open for business prior to 11:00 a.m, or after 11:00 P.M. 4. That all new exterior lighting and .signs shall conform to Chapter 20.53 of the Newport Beach Municipal Code. 5. That all mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. . 6. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 17. That the development standards related to Page 14 INOWX • • • COMMISSIONERS City of Newport Beach May 18, 1978 MOLL CALL circulation, walls, landscaping and a portion of the parking requirements are waived. Request to establish a restaurant facility with on -sale beer and wine in an existing commercial building in the C -1 -1i District, and the acceptance of an offstreet parking agreement for a portion of the required offstre parking spaces. Location: Lot 13, Tract No. 1210, located at 500 West Coast Highway, on the northerly side of West Coast Highway, across West Coast High- way from Bayshores. Zone: C -1 -H Applicant: Carina E. Arnett, Beverly Sheedy • and Phillis McGill, Corona del N Owner: Bob Taube, Newport Beach Assistant Director - Planning Hewicker advised that staff is suggesting that the Applicant provide parking on the basis of one space for each 40 square feet of net public area. If th, were to be accomplished, it would involve eithi the acquisition of two off -site parking spaces or the reduction of the interior net public area by approximately 80 square feet.. Mr. Hewicker advised that the Planning Commiss- has the right to alter this parking requiremen- to provide a maximum of one space per 30 square feet of net public area or a minimum of one space per 50 square feet of net public area. Public hearing was opened in connection with this item and Carina Arnett, Applicant, appears before the Planning Commission and stated that it would not be a problem to reduce the interii • net public area by 80 square feet. There being no others desiring to appear and be heard, the public hearing was closed. Page 15 MINUTES et a ar on ?d ) r INOKX Item #6 USE PERMIT TF66 APPROVED TI -NELY COMMISSIONERS S 0 \11x\6%\ 9f gip F.p 0 City of Newport Beach May 18, 1978 MOLL CALL Motion x Motion was made that Planning Commission Ayes x x x x make the following findings: Absent x 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces are bein provided in conjunction with the proposed remodeling of the subject outdoor restaura use. 5. The offstreet parking spaces for the expan restaurant on separate lots from the build site is justifiable for the following reasons: a. The off -site lots adjoin the restauran site and is easily accessible since it has a common ingress point. b. The proposed development will not crea undue traffic hazards in the adjoining area. c. The applicant has been authorized to utilize the parking on the adjacent. site to the east on Lot 12, Tract 1210 The two parcels are owned by the same property owner. 6. The approval of Use Permit No. 1866 will n under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property or improvements in the neighborho or the general welfare of the City. Page 16 MINUTES n de in to ot, INCIM i� E 1 COMMISSIONERS City of Newport Beach May 18, 1978 MINUTES INCILX woa.� on�4 and approve Use Permit No. 1866, subject to the following conditions of approval: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That an off -site parking and common access agreement shall be approved by the City Council, guaranteeing that a minimum of seventeen (17) parking spaces shall be provided for both restaurant and marine - antique uses on Lots 12 and 13, Tract 1210, at a11'times. 3. That the proposed restaurant take -out facility shall not be open for business prior to 11:00 a.m. or after 9:00 p.m. on Monday through Thursday and prior to 11:00 a.m. or after 12:00 midnight on Friday, Saturday, and Sunday. • 4. That all exterior lighting shall be screened and maintained so as to conceal the light source and confine direct rays to the premises. All new signs shall conform to Chapter 20.53 of the Newport Beach Municipal Code. The existing roof sign shall not be enlarged or modified in design, except for sign copy which may be changed. 5. That all roof top mechanical equipment and trash areas shall be fully screened from adjoining streets and properties. The trash area shall be enclosed with a 7 foot high wall or fence. 6. That the parking lot shall be resurfaced and restriped. 7. That a landscape and irrigation plan shall be approved by the Parks, Beaches and. Recreation Department. 8. That this approval shall be for a period of two years, and any extension shall. be subject to the approval of the Modifications • Committee. 9. That new construction shall meet the require- ments of the 1973 Edition Uniform Building Page 17 INCILX COMMISSIONERS City of Newport Beach MINUTES /TOLL CALL May 18, 1978 Code for Fire Zone #2 and that restrooms be equipped for handicapped and that a ramp shall be provided if steps exist. 10. That parking be provided at the ratio of one parking space per 40 square feet of useful area. Request to permit the construction of an office building that exceeds the basic height limit within the 26/35 Foot Height Limitation District, and the acceptance of an environmental document. A modification to the Zoning Code is also requested, since two of the required offstreet parking spaces are located in the required 10' rear yard setback adjacent to an alley. A modification to the required size of parking spaces and aisle width for a portion of the required parking spaces is also requested. Location: Lots 5 and 6, Block 530, Lancaster's Addition to Newport Beach, located at 509 -511 31st Street, on the northerly side of 31st Street between Villa Way and Lafayette Avenue in Cannery Village. Zone: C -2 Applicant: Jon Mrgudich, Los Angeles Owner: Mr. and Mrs. Plotkin Public hearing was opened in connection with this matter and John Leece appeared before the Planning Commission on behalf of the Applicant. He advised of an error in the staff report in that Mr. and Mrs. Plotkin should be represented as Owner. He then advised that the following persons are present this evening to endorse the project: Mr. and Mrs. Dean Firth, Mr. and Mrs. Carl Writer, Mr. William Kotae, and Mr. Roger Markatay. He stated that Mr. Norris, from the Bank of Newport, had planned to attend but did not due to health reasons. Mr. Leece felt Page 18 E INOIX Item #7 USE PERMIT NO. 1864 APPROVED CONDI- TIONALLY • COMMISSIONERS 9p ♦y o 'gyp v City of Newport Beach MINUTES s �9 May 18, 1978 PkOLL GALL that, compared with a standard project of the same size and on the same lot, as provided for under the current existing zoning laws, this proposal would provide: 1) more public visual open space; 2) more - desirable architecture; and 3) less bulk. He then reviewed the architectural design of the project, the proposed landscaping, and the parking situation. Community Development Director Hogan explained that the public visual open space, in this cas is being proposed on the second -.and third - floor levels rather than at ground level. He advised that Planning Commission should determine whether this method of providing ope space is adequate. Bill Kotae, 601 Lido Park Drive, appeared before the Planning Commission. Inasmuch as the surrounding buildings are also in excess • of the height limitation, Mr. Kotae felt that this building would not be obtrusive. He felt that Section 20.02.040 of the Zoning Code is very subjective in that no mention is made that public visual.open space should be provided at ground level. Zachary Sham, architect at 501 31st Street, appeared before the Planning Commission and advised of his support of this building concel Mr. Sham voiced concern that this method of providing parking, i.e., one building level devoted to parking, is the only alternative for providing parking in the area unless off - street parking or another alternative can be found. He also voiced that he does not feel this particular type of development is conduc to a walking atmosphere. There being no others desiring to appear and I heard, the public hearing was closed. Commissioner Frederickson stated that he is impressed with the problem that confronts a builder of a small development in this area w regard to the provision of parking, and felt that it is going to be very difficult to construct a building. on a small lot until an alternative is provided. Page 19 e, A. tha ive De i ith INO<X COMMISSIONERS City of Newport Beach POLL CALL Motion Ayes Noes Absent H X May 18, 1978 Motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The increased building height will result in more public visual open space and views than is required by the basic height limit. MINUTES 4. 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 than is required by the basic height limit. 5. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 6. The structure will have no more floor area than could have been achieved without the Use Permit. 7. Adequate offstreet parking and related vehicular circulation is being provided in conjunction with the proposed development. 8. The Police Department has indicated that they do not contemplate any problems. 9. 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 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 neighborhoo, or the general welfare of the City and further that the proposed modifications for the offsite parking spaces and related aisle width on the site is consistent with Page 20 F-1 L INCIM F, I L COMMISSIONERS @� s v City of Newport Beach May 18, 1978 MOLL CALL the legislative intent of Title 20 of the Municipal Code. 10. The approval of Use Permit No. 1864 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 injuriou to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1864 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That the proposed racketball court, jacuzzi, and sauna, shall be utilized . only by tenants and guests of the office complex. Said area shall not be used for office space in the future unless four additional parking spaces are provided on -site or on an approved offsite parking lot. 3. That all required parking spaces on the site shall be used only for vehicular storage. 4. That this project shall not be used for residential, or hotel purposes in the future unless a use permit application is approved by the Planning Commission. 5. That a resubdivision shall be approved and a parcel map shall be filed so as to creai one building site where Lots 5 and 6, Block 530, Lancaster's Addition, now exis! 6. That the existing driveway approach shall be closed up and curb and gutter and sidewalk shall be constructed. r Page 21 MINUTES :e INCLR COMMISSIONERS /TOLL CALL City of Newport May 18, 1978 Beach Commissioner Agee opposed the motion as he could not see the justification for exceeding the height limit. Although Commissioner Agee felt that this proposal has a very fine architectural design, he felt that options are available other than combining the parking to justify the additional height. . MINUTES Commissioner Haidinger felt that the parking has been solved as well as the Applicant can solve it inasmuch as there is not a clearly- defined height limit in the area and that any better solution would require action by the City or other large organization. Therefore, Commissioner Haidinger supported the motion. Request to permit the construction of an office - industrial complex in the M -1 District, and the.acceptance of an environmental document. A modification to the Zoning Code is also requested, since a portion of the required offstreet parking spaces are tandem spaces (where the Ordinance provides that all required spaces shall be accessible and usable). Location: A portion of Lot 3 and Lot 4, Block 329, Lancaster's Addition, located at 507 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. Zone: M -1 Applicant: W. D. Schock, d.b.a. Sc.hock Boats, Newport Beach Owner: Margie L. Cone, San Fernando Public hearing was opened in connection with this matter and Mike Taft, operator of an outboard shop, appeared before the Planning Commission to address Commissioner Frederickson's request for a definition of Page 22 • INO&X Item #8 USE Ab 76� l� • COMMISSIONERS City of Newport Beach May 18, 1978 MINUTES ACLL CALL "muffled tank" as used in Mr. Schock's letter of April 12, 1978. Mr. Taft advised that this is a large water - filled tank in which an outboard engine is immersed, thereby muffling the sound just as it would under normal operation on.the back of a boat. This tank is used when the operation of the outboard engine is necessary for its repair. Scott Schock, Manager of Schock Boats, appeared before the Planning Commission and advised that they would like to have an outboard service for their facility. At present, outboard engines must be sent to a Costa Mesa facility for repair, which is time consuming. He then concurred with the findings and conditions of approval- as set forth in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. tion X Motion was made that Planning Commission make '71 yes X X X X the following findings: Absent X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That the proposed development will not preclude the adoption of the Cannery Village Specific Area Plan or be inconsisten with the objectives and policies to be contained in that plan. 3. The project will not have any significant environmental impact, providing that.any noise from the service of boats is confined to the interior of the proposed building. - 4. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development. 5. 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 Page 23 Irooax COMMISSIONERS POLL CALL City of Newport Beach MINUTES. May 18, 1978 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 tandem parking spaces on the site is consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1867 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. and approve Use Permit No. 1867 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That the first floor of the structure shall be limited to boat repair or related office uses. 3. That no boat repair or boat storage shall. be permitted in the open on the property in.question. 4. That any noise from the service of boats shall be confined to the interior of the proposed building. 5. That a resubdivision shall be approved and a parcel map shall be filed so as to create one building site where a portion of Lot 3 and Lot 4, Block 329, Lancaster's Addition, now exists. 6. That the existing driveway approach shall be closed up and curb and gutter shall. be constructed. Page 24 INOI X • 0 COMMISSIONERS City of Newport Beach MINUTES p May 18, 1978 NOLL CALL Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. Request to permit the construction of an office building that exceeds the basic height limit within the 26/35 Foot Height Limitation District and the acceptance of an environmental document. A modification to the Zoning Code is also requested, since a portion of the required off - street parking spaces encroach into the required 5 foot front yard setback along 20th Street. Location: Lot 13, Block 220, Section A,. Newport Beach, and property bayward of Lot 13 to the U.S. Government Bulkhead Line, located at 227 20th Street, on the . westerly side of 20th Street, on The Rhine Channel, on the Balboa Peninsula. Zone: C -2 Applicant: Ed Zeimer and Charles. Pigneri, Balboa Owner: John V. Juelson, Anthony D. Vasi, and James P. Davis, Newport Beach Commissioner Frederickson read a letter from Commissioner Balalis, dated May 11, 1978, advisi that he has a conflict with Use Permit No. 1868 and that had he been present at the meeting, he would have abstained from voting and would have announced that he has a financial interest in the project. Public hearing was- opened in connection with thi matter and.Jack Carter, Associate with Lee, Klag & Associates, appeared before' the Planning Commission on behalf of the Owner. He answered questions of the Commission pertinent to the windows in the project and the public walkway. Page 25 ng es INOVC Item #9 USE PERMIT NO. 1868 CONTINUED TO JUNE 15, 1978 COMMISSIONERS PIOLL CALL City of Newport Beach MINUTES 0 May 18, 1978 INCKX Chuck Holl.enbeck, resident of 218 20th Street, appeared before the Planning Commission and spoke in opposition to the proposal because of the additional traffic that would be generated as well as the views that would be restricted. Community Development Director Hogan advised that this proposal has an intensity of development of .76 times the buildable area. He pointed out, that the intensity of development that.was approved for the Mariners Mile area was .5 times the buildable area, and that there is a greater problem with development intensity in this area than in Mariners Mile since there are less street facilities to handle it. He added that the City has not yet reached a decision as to what the intensity of development should be in this area. Mr. Hogan also advised that this area is in the coastal zone and that the proposed development would be replacing a water - dependent use which the City has been concerned with preserving. Jack Carter reappeared before the Planning • Commission to address Mr. Hollenbeck's concerns. With regard to traffic, Mr. Carter advised that he believes this proposal will help alleviate the problem inasmuch as the current congestion is caused primarily by boats being moved in and out of the street. He added that there is a possibility that some of the parking spaces for this development can be made available on week- ends for use by others in the area. Robert Rubian, resident of 20th Street, appeared before the Planning Commission and spoke in oppo- sition to the proposal due to the shortage of parking on 20th Street as well as the increased traffic that will be generated. Arra Swisher, Manager of the Newport Harbor Yacht Club, appeared before the Planning Commission and advised that he is presently in escrow to purchase the property at 222 20th Street. His decision to purchase this property w-as based primarily on the view and advised that this proposed development would block that view. He advised that in his opinion the intersection of 20th Street and Balboa Boulevard is the worst on the Peninsula and that the addition of this development would only add to that problem. Page 26 COMMISSIONERS City of Newport Beach May 18, 1978 UCLA. CALL Dick Kent, 501 31st street, appeared before the Planning Commission and supported the proposal in view of its architectural character and the fact that eye -level views will be provided to the water. He felt that if a joint use agreement were established with respect to the parking spaces for this development, this could help alleviate the parking problem in this area. Jack Carter reappeared before the Planning Commission and pointed out that they are providi 33 parking spaces that do not presently exist. He commented that these offices will do much of their business by phone and, therefore, Mr. Cart e felt that this proposal would not add to either the traffic or parking problems. Chuck Hollenbeck reappeared before the.Planning Commission and reiterated his concern that views would be affected. There being no others desiring to appear and be . heard, the public hearing was closed. Commissioner Agee stated that although the architectural design of this proposal is excelle he cannot support the intensity of development that this project represents. Commissioner Frederickson felt that this project is much superior to the type of development that could have been built even without a hearin before the Planning Commission. He did_not feel that this project should be held up until a Specific Area Plan and parking plan are comple Commissioner Agee felt that the Applicant could prepare a plan with a lower intensity. Planning Commission discussed the possibility of continuing this matter to allow time for the Applicant to prepare a revised plan which would reduce the proposed intensity and incorporate other concerns expressed. Motio n X Motion was made that the public hearing be reope Ayes X X X X Absent X Jack Carter reappeared before the Planning Commission and stated that although this is not a perfect plan, it is a very good plan. He pointed out that it will be expensive to redo th plans, and that the intensity of development for Page 27 MINUTES ng r nt, ted ned ese 1NOax COMMISSIONERS City of Newport Beach POLL CALL Motion Ayes Noes Absent F4 F4 May 18, 19 MINUTES marine- oriented uses is 1.0 which is greater than the intensity of this proposal. He requested that firm 'parametersbe set forth by the Planning Commission in relation to this matter. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following findings: (MOTION FAILED) 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The increased building height will result in more public visual open space and views than is required by the basic height limit. 4. 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 than is required by the basic height limit. S. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. 6. The structure will have no more floor area than could have been achieved without the Use Permit. 7. Adequate offstreet.parking and related vehicular circulation is being provided in conjunction with the proposed development. 8. The Police Department has indicated that they do not contemplate any problems. 9. 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 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 Page 28 INOa% n U • COMMISSIONERS City of Newport Beach • \\\ \ @Ap \\ May 18, 1978 MINUTES DOLL CALL general welfare of the City and further that the proposed modification for the offsite parking spaces in the required front yard is consistent with the legislative intent of Title 20 of the Municipal Code. 10. The approval of Use Permit No. 1868 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 neighborh or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1868 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. • 2. That the uses permitted within the project be limited to: a. Marine - oriented offices such as yacht brokers, marine surveyors, and marine designers. b. Marine - oriented retail uses. c. Professional service offices. 3. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. 4. That the marina bayward of the site shall be reserved solely for the use of the adjacent upland tenants unless seven additional parking spaces are provided in an approved location. 5. That the Harbor Permit shall be transferred to the new property owner(s). 6. That the existing marina comply with current City standards (electrical, plumbing, structural, etc.) 7. That a resubdivision be filed. Page 29 INDlx COMMISSIONERS City of Newport Beach May 18, 1978 DOLL a ^LL 8. That all improvements be constructed as required by ordinance and the Public Works Department. 9. That the driveway approach have a bottom width of 24 feet and that the existing fire hydrant be relocated so that it is 5 feet from the driveway approach. 10. The owner shall grant public access rights to the City and enter into an agreement with the City to keep the proposed boardwalk free from obstructions and to repair and kee the boardwalk in a good and safe condition at his sole cost and expense. 11. That the unused portion of the existing driveway approach be closed up and curb and gutter and sidewalk be constructed. 12. An engineer's report on the adequacy of the existing bulkhead, including inspection and evaluation of all tie rods and deadman anchors shall be provided prior to issuance of a building permit for the proposed projec The engineer shall also evaluate potential loss of soil through the bulkhead wall as part of the report. MOTION FAILED Motion X Motion was made that Planning Commission reopen Ayes X X X X the public hearing and that the Applicant attemp Absent X to resolve the concerns expressed by the Planning Commission and return with a revised pl Motion X Motion was made that Planning Commission continu Ayes X X X X this item to its meeting of June 15, 1978. Absent X Dick Kent, architect at 501 31st Street, appeare before the Planning Commission to comment on the lack of office space on the Peninsula as well as the difficulty involved for an architect to work with unclear guidelines. Page 30 MINUTES an • INOtX Cl • COMMISSIONERS City of Newport Beach • MOLL CALL Motion X Ayes X Absent • Motion X .Ayes X Absent X Ix X IX I© May 18, 1978 MINUTES Request to permit the construction of a savings I and loan complex in a Specific Plan Area, where a specific plan has not been adopted, and the acceptance of an environmental document. A F modification to the Zoning Code is also requested, since a proposed stairway encroaches to the rear property line and a retaining wall and the required offstreet parking spaces encroach , to within 5' of the rear property line. (where the Ordinance requires a 10' rear yard in the C -1 _ District when abutting an alley. Location- Lots 3, 4, and 5, Block Q, Tract. No. 323, located at 3150 East Coast Highway on the northeasterly corner of East Coast Highway and Larkspur Avenue in Corona del Mar. Zone: C -1 Applicant: Mutual Savings and Loan Association,: Pasadena Owner: Dillon R. Cox, E1 Cajon Planning Commission continued this item to the meeting of June 15, 1978. INOtX Item #11 Request to establish one building site and eliminate interior lot lines where three lots now RESUB- exist so as to permit the construction of a ON savings and loan complex on the property. Location: Lots 3, 4, and 5, Block Q, Tract No. 323, located at 3150 East Coast Highway, on the.northeasterly corner of East Coast Highway and Larkspur Avenue in Corona del Mar. Zone: C -1 Applicant: Mutual Savings and Loan Association, Pasadena Owner: Dillon R. Cox, E1 Cajon Engineer: Psomas & Associates, Los Angeles Planning Commission continued this item to the meeting of June 15, 1978. Page 31 CONTINUED TT- JUNE 15, 978 COMMISSIONERS t, City of Newport Beach May 18, 1978 MOLL OALL Request to remodel an existing building and to construct a two -story addition so as to establi. a restaurant facility with on -sale beer and wine on the property in the C -1 District, and the acceptance of an environmental document. The proposal also includes the paying of an annual fee to the City for a portion of the required restaurant parking spaces in the adjoining Municipal Parking lot. Location: Portion of Lots 9, 10, and 11, Block 12, Balboa Tract, located at 106 Main Street, on the easterly side of Main Street, between East Balboa Boulevard and East Ocean Front, in Central Balboa. Zone: C -1 Applicant: Bristol Restaurants Owner: Mr. and Mrs. Lloyd Klein, Balboa Commissioner Frederickson read a letter from Michael and Debrah Fazzi, of Classical Imagination, in which they indicated their support of this proposal. Public hearing was opened in connection with this item and Doug Burgess, Architect for the project, appeared before the Planning Commissio and concurred with the conditions of approval as set forth in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission voiced concern that in -lieu fees go into the City's General Fund rather than being dedicated to the provision of additional parking. It was the consensus of the Planning Commission that the City's present policy of placing in -lieu fees in the City's General Fund does not help solve the parking problem and that the fees should be placed in a fund dedicated to the provision of additional parking. It was agreed that staff would resear Page 32 MINUTES sh INOILX Item #12 • n COMMISSIONERS City of Newport Beach POLL. CALL Motion X Ayes ' X Noes X Absent X �J • May 18, 1978 possible solutions to this problem and that this matter will be further discussed at a future Planning Commission Study Session. Motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with.surrounding land uses. MINUTES 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of.Use Permit No. 1865 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. and approve Use Permit No. 1865, subject to the following conditions of approval. 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. All trash or storage shall be located within the building or be shielded from view by six foot high walls or fences. 3. That all mechanical roof -top equipment shall be screened in a manner meeting the approval of the Department of Community Development: 4. That all signs shall conform to Chapter 20.06 of the Newport Beach Municipal Code, 5. That there shall be not less than 22 transferable parking permits purchased from the City on an annual basis in the adjacent Municipal Parking Lot for the development. Said requirement for the in -lieu parking Page 33 INOEX COMMISSIONERS City of Newport Beach MINUTES MOLL OALL May 18, 1978 fee shall be waived at a later date if an off -site parking agreement for the required parking spaces is approved by the Planning Commission and the City Council 6. That this approval shall be for a period of two years, and any extension shall be acted upon by the Modifications Committee. 7. That a resubdivision be approved by the Planning Commission and a parcel map be filed to establish one building site where portions of 3 lots now exist. (Note: The Code requires that a resubdivision is required when alterations to existing structures in excess of $5,000 are proposed in any one -year period). Commissioner Cokas opposed the motion insofar as he felt that it would be unfair to not require the payment of in -lieu fees commensurate with that paid by other business owners. Request to establish drive -up teller units in conjunction with the construction of a permanent bank facility on the property in the A -P District, and the acceptance of an environmental document. The proposal also includes the relocation of the existing relocatabl building on the site on a temporary basis until the permanent structure is completed. A modification to the Zoning Code is also requested, since a portion of the proposed parking lot encroaches into the required 15 foot front yard setback along Placentia Avenue. Location: Parcel A, Parcel Map 9 -19 ( Resubdivision No. 237) located at 369 Placentia Avenue, on the southeasterly corner of Placentia Avenue and Superior Avenue, northerly of Versailles - on- the - Bluffs. Zone: A -P Applicant: California First Bank, San Diego Owner: Same as Applicant Page 34 • INCIM 0 Item #13 USE PERMIT NO. 186T • L COMMISSIONERS City of Newport Beach MINUTES May 18, 1978 POLL CALL Public hearing was opened in connection with this item and Greg Stone, Architect, appeared before the Planning Commission and concurred with the conditions of approval as set forth in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make Ayes X X X X the following findings: Absent X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land use 2. The project will not have any significant environmental impact. 3. Adequate offstreet parking spaces are beinc • provided for the proposed development. 4. Adequate provisions for traffic circulation are being made for the drive -in teller facility. 5. The Police Department has indicated that they do not contemplate any problems. 6. 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 health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or bi detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further th the proposed front yard encroachment is consistent with the legislative intent of Title 20 of the Municipal Code. 7. The approval of Use Permit No. 1869 will n 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 injuriou to property and improvements in the neigh - Page 35 S. the at ot, INOKX COMMISSIONERS 1\\00\1 City of Newport Beach MINUTES May 18, 1978 MOLL CALL borhood or the general welfare of the City. and approve Use Permit No. 1869, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan and parking layout, except as noted in condition of approval No. 2. 2. Convenience signs such as "entrance ", "exit or "drive - through" teller shall have a maximum area of 6 square feet per face. Sa convenience signs shall not include the name or'logo of the bank use. The proposed ".drive -up banking" sign on Superior Avenue shall be located a minimum of 5 feet behind the property line and moved outside of the existing storm drain easement. The propose "drive -up banking" sign on Placentia Avenue shall be located a minimum of 5 feet behind the new property line. 3. That the traffic flow pattern to the drive - up teller units shall be from a northeaster to a southwesterly direction. 4. That a minimum of 10 accessible and usable parking spaces shall be provided on the property in question for the bank use in th relocatable building while the permanent bank facility is under construction. 5. That no drive -up teller use shall be permitted during the construction period or until the relocatable building is removed from the site. 6. That all improvements be constructed as required by ordinance and the Public Works Department. 7. That a 10 foot wide strip of land along the westerly side of Placentia Avenue be dedicated to the public for street and highway purposes. The property owner may continue to use this area until it is neede for street improvement purposes. 8. That the existing sidewalk on Superior Aven Page 36 id ly ue 1NOLX • COMMISSIONERS City of Newport Beach May 18, 1978 MOLL CALL be widened to 10 feet. 9. That the work within the public right -of- way be done under an encroachment permit issued by the Public Works Department. Request to waive a portion of the required offstreet parking spaces in conjunction with th construction of a two -story professional offic building in the A -P -H District, and the . acceptance of an environmental document. A modification to the Zoningy Code is also. requested as follows: 1.) the proposed build encroaches to the rear property line (where th Code requires a 5 foot rear yard when abutting a residential district); 2.) a portion of the required parking spaces are for compact automobiles; and 3.) a portion of the proposed parking lot encroaches into the required 15 foot front yard along Irvine Avenue. Location: A portion of Lot 78, Tract No. 706, located at 3440 Irvine Avenue, on the southeasterly side of Irvine Avenue between Bristol Street and Orchard Drive, southeasterly of the . Orange County Airport. Zone: A -P -H Applicant: Richard H. Luders, Villa Park Owner: Juhar Co., Villa Park Public hearing was opened in connection with th matter and Ken Himes, Architect, appeared befor the Planning Commission to review the proposal. He requested information as to the method of calculating square footage of a building and ad that he believes that there are some unique circumstances associated with this particular building. He advised that it is imperative to move ahead with this proposal immediately. Wit respect to the City Council's recent initiation 1 Page 37 MINUTES e in is ded 1 N O!X COMMISSIONERS \ \ \ \ \s \ \\ City of Newport Beach MINUTES NOLL CALL Motion Ayes Absent May 18, 1978 of an Ordinance which would require that a traffic study be done for all projects with a gross floor area of over 10,000 square feet, Mr. Himes indicated that they are willing to reduce the square footage of the building to 10,000 square feet or less in order to avoid the requirement of this study because of.the time constraint involved. With regard to the shortage of parking spaces for the proposal, Assistant Director - Hewicker advised that there is a definition in the Zoning Ordinance as to what square footage can and will not be counted in calculating the parking requirement for an office building and that this definition is not negotiable. Mr. Himes commented that the building will be shortened when the square footage is reduced; this will allow space for the addition of parking spaces sufficient to comply with the Ordinance. There being no others desiring to appear and.be heard, the public hearing was closed. Motion was made that Planning Commission make the following finding: 1. 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 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 modifications for the compact parking spaces and yard encroachments on the site is consistent with the legislative intent of Title 20 of the Municipal Code. and approve the application subject to the following conditions: 1. That development -shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in Conditions Nos. 2 and 3 below. Page 38 f INO<X COMMISSIONERS p� 90 �C n'F 9i oa, MOLL CALL i Motion Ayes Absent I& City of Newport Beach MINUTES May 18, 1978 proposed building shall be :o 10,000 sq. ft. of gross floor area However, said building may encroach !ar property line as requested by cant. parking space for each 250 sq. ft. oor area within the structure shall ied on the property. Said parking Iy include compact spaces and a If the proposed parking lot to 2.5 feet into the required 15 foot ^d as requested by the Applicant. vend the Planned Community Development I Center Newport so as to permit ]es in the Land Use Map and Text. The Planned Community of Koll Center Newport on property bounded by MacArthur Boulevard, Jamboree Road and Campus Drive. P -C Koll Center Newport Aetna Life Insurance Company, Hartford, Connecticut nission continued this item to its ine 15, 1978. )nsider a proposed amendment to the ince to exempt single - family dwellings from Site Plan Review requirements. The City of Newport Beach /elopment Director Hogan explained that for an amendment to the Zoning for the purpose of exempting resi- from the Site Plan Review requirement. Page 39 INCIM Item #16 AMENDMENT ' NO. 509 ADOPTED 2. That the reduced or less. to the ri the Appl 3. That one of net f' be provi spaces m+ portion encroach front ya Request to ai Plan for Kol general chan Location: Zone: Applicant: Owner: X Planning Com X X X X meeting of J X Request to c Zoning Ordin and duplexes Initiated by Community De this request Ordinance is dential uses proposed building shall be :o 10,000 sq. ft. of gross floor area However, said building may encroach !ar property line as requested by cant. parking space for each 250 sq. ft. oor area within the structure shall ied on the property. Said parking Iy include compact spaces and a If the proposed parking lot to 2.5 feet into the required 15 foot ^d as requested by the Applicant. vend the Planned Community Development I Center Newport so as to permit ]es in the Land Use Map and Text. The Planned Community of Koll Center Newport on property bounded by MacArthur Boulevard, Jamboree Road and Campus Drive. P -C Koll Center Newport Aetna Life Insurance Company, Hartford, Connecticut nission continued this item to its ine 15, 1978. )nsider a proposed amendment to the ince to exempt single - family dwellings from Site Plan Review requirements. The City of Newport Beach /elopment Director Hogan explained that for an amendment to the Zoning for the purpose of exempting resi- from the Site Plan Review requirement. Page 39 INCIM Item #16 AMENDMENT ' NO. 509 ADOPTED COMMISSIONERS 9 City of Newport Beach May 18, 1978 ROLL CALL Mr. Hogan added that staff does not believe that this was the intent nor that this is really needed. Public hearing was opened in connection with this item and there being no one desiring to appear and be heard, the public hearing was closed. Motion Ayes X X X X X Motion was made that Planning Commission adopt Resolution No. 1009 exempting single - family Absent X dwellings and duplexes from Site Plan Review requirements. ADDITIONAL BUSINESS Motion X Planning Commission set a public hearing for Ayes X X X X June 15, 1978 to consider reclassification of Absent X property on the Peninsula from Commercial to Residential. Motion Ayes Absent X X X X X X There being no further business, Planning Commission adjourned the meeting. Time: 11:00 p i R. OGA) x- Officio reta y Of N port Beach Planning Commission Page 40 MINUTES • INOK.X ry i 0