HomeMy WebLinkAbout05/19/199411 NWI, \11 �k6
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CITY OF NEWPORT BEACH MINUTES
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M.
DATE: I^ 1 nn A
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All Commissioners were present.
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Robin Flory, Assistant City Attorney
William R. Laycock, Current Planning Manager
Don Webb, City Engineer
Dee Edwards, Secretary
Minutes of May 5, 1994
00i
Minutes
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Motion was made and voted on to approve the May 5, 1994,
5/5/94
31 Ayes
Planning Commission Minutes. MOTION CARRIED.
Public Comments:
Public
Comments
Commissioner Edwards informed the Planning Commission and
the public that the legislation that is pending in Sacramento would
change the manner of distribution of sales taxes throughout the
State and that the legislation would severely impact the City of
Newport Beach.
Posting of the Agenda:
Posting
of the
James Hewicker, Planning Director, stated that the Planning
A enda
Commission Agenda was posted on Friday, May 13, 1994, in front
of City Hall.
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Request for Continuance:
Request
for
Mr. Hewicker recommended that Item No. 8, Traffic Study No. 93
Conti nuanc
and Use Permit No. 3516, regarding McDonald's take -out
restaurant, property located at 2807 Newport Boulevard, be
continued to the Planning Commission meeting of June 9, 1994,
for further analysis by the consulting Traffic Engineer.
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Motion was made and voted on to continue Traffic Study No. 93
and Use Permit No. 3516 to the Planning Commission meeting of
June 9, 1994. MOTION CARRIED.
Resubdivision No. 1005 (Public Hearing)
Item No .1
Request to resubdivide an existing lot into a single parcel of land
for two unit condominium development on property located in the
R -2 District.
Resub.1005
Approved
LOCATION: Lot 20, Block 36, River Section, located at
123 36th Street, on the northwesterly side of
36th Street between Seashore Drive and
West Balboa Boulevard, in West Newport
Beach.
ZONE: R -2
APPLICANT: Architechnica, Costa Mesa
OWNERS: Mr. and Mrs. Uorge Pavez, Corona
ENGINEER: RdM Surveying, Inc., Laguna Hills
James Hewicker, Planning Director, pointed out that the subject
property abuts a 10 foot wide alley, and that the existing structure
across the alley encroaches to the alley right -of -way line. When the
proposed structure is built there may be only 15 feet of space for
maneuvering into the garage spaces on the site.
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The public hearing was opened in connection with this item, and
Mr. Conrad Dadufalga, architect, appeared before the Planning
Commission on behalf of the applicant, and he concurred with the
findings and conditions in Exhibit "A ".
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
lotion
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Motion was made and voted on to approve Resubdivision No.
X11 Ayes
1005 subject to the findings and conditions in Exhibit "A ".
MOTION CARRIED.
FINDINGS:
1. That the design of the subdivision will not conflict with any
easements acquired by the public at large for access
through or use of the property within the proposed
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subdivision.
2. That the proposed resubdivision presents no problems from
a planning standpoint.
3. That public improvements may be required of a developer
per Section 19.08.020 of the Municipal Code and Section
66415 of the Subdivision Map Act.
CONDITIONS:
1. That a parcel map be recorded prior to occupancy. That
the parcel map be prepared so that the bearings relate to
the State Plane Coordinate System (NAD83) and that prior
to the recordation of the parcel map, the surveyor /engineer
preparing the map shall submit to the County Surveyor a
digital- graphic file of said map in a manner described in
Section 7 -9 -330 and 7 -9 -337 of the Orange County
Subdivision Code and Orange County Subdivision Manual,
Subarticle 18.
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2. That prior to the recordation of the parcel map, the
surveyor /engineer preparing the map shall tie the boundary
of the map into the Horizontal Control System established
by the County Surveyor in a manner described in Sections
7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set
on each lot corner unless otherwise approved by the
Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of the construction
project.
3. That all improvements be constructed as required by
Ordinance and the Public Works Department.
4. That arrangements be made with the Public Works
Department in order to guarantee satisfactory completion
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of the public improvements, if it is desired to record a
parcel map or obtain a building permit prior to the
completion of the public improvements.
5. That each dwelling unit shall be served with an individual
water service and sewer lateral connection to the public
water and sewer systems unless otherwise approved by the
Public Works Department.
6. That a five foot by five foot corner cutoff at the
intersection of the two alleys be dedicated to the public.
7. That the area of the alley dedicated as a comer cutoff be
paved with concrete per City Standard 140 -L under an
encroachment permit issued by the Public Works
Department.
8. That all vehicular access to the property shall be from the
adjacent alleys unless otherwise approved by the City
Council.
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9. That County Sanitation District fees be paid prior to
issuance of any building permits
10. That disruption caused by construction work along
roadways and by movement of construction vehicles shall
be minimized by proper use of traffic control equipment
and flagmen Traffic control and transportation of
equipment and materials shall conducted in accordance
with state and local requirements.
11. That overhead utilities serving the site be undergrounded
to the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code unless it is determined by
the City Engineer that such undergrounding is unreasonable
or impractical.
12. That Coastal Commission approval shall be obtained prior
to the recordation of the parcel map.
13. That a park dedication fee for one dwelling unit shall be
paid in accordance with Chapter 19.50 of the Municipal
Code.
14. That this resubdivision shall expire if the map has not been
recorded within 3 years of the date of approval, unless an
extension is granted by the Planning Commission.
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Final Map of Tract No. 14533 (Discussion)
Item No.2
Request to approve the Final Map of Tract No. 14533, subdividing
9.2 acres of land into 12 numbered lots for single family residential
FTM 14533
development, 6 lettered lots for private landscape purposes, 1
Approved
lettered lot for a public park site, 1 lettered lot for public
landscape purposes and 1 lettered lot for public street purposes.
LOCATION: A portion of Block 92, Irvine's Subdivision,
located at 2001 Newport Hills Drive West,
on the northwesterly side of Newport Hills
Drive West, between Port Wheeler Place and
Port Stanhope Place, in the Harbor View
Hills Planned Community.
ZONE: P -C
iAPPLICANT:
Manning Company, Santa Ana Heights
OWNER: The Irvine Company, Newport Beach
ENGINEER: Adams, Streeter Civil Engineers, Inc., Irvine
Don Webb, City Engineer, stated that the Final Map is in
substantial conformance with the Tentative Tract Map that was
approved by the Planning Commission on October 7, 1993.
Several of, the corrections that staff requested be made that are
relatively minor in nature were not made; however, the corrections
will be made before the City Council reviews the Final Map. The
dedication of the park may take a different form than is indicated
on the Final Map; however, the dimensions of the park will not be
changed.
Commissioner Gifford stated that in the interest of avoiding any
potential appearance of conflict of interest, she would withdraw.
from participation in the proceedings inasmuch as the architecture
was done by a firm which her husband is employed.
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Motion was made and voted on to approve Final Map of Tract
No. 14533 subject to the finding and condition in Exhibit W.
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MOTION CARRIED.
Fin in
1. That the Final Map of Tract No. 14533 substantially
conforms to the Tentative Map of said Tract and with all
changes permitted and all requirements imposed as
conditions to its acceptance.
Condition:
1. That all conditions imposed by the City Council in
conjunction with its approval of the Tentative Map of Tract
No. 14533 shall be fulfilled.
A. Site Plan Review No 65 (Amended) (Public Hearing)
Item No.3
SPR. 65(A
Request to amend a previously approved site plan review which
allows the construction of a single family dwelling on property
located in the R -1 SPR District. The proposed amendment
includes a request to revise the overall grading plan which will
V1193:
raise the height of the structure approximately 2 feet to 5 feet.
Approved
AND
B. Variance No. 1193 (Public Hearing)
Request to allow a portion of the proposed structure to exceed the
24 foot basic height limit on property located in the 24/28 Foot
Height Limitation District.
LOCATION: Portions of Lots 30, 32 and 34, Block A -36,
Corona del Mar and a portion of Lot 1,
Tract No. 1026 on property located at 3014
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Breakers Drive, on the southeasterly corner
of Iris Avenue (unimproved) and Ocean
Boulevard, in Corona del Mar.
ZONE: R -1 SPR
APPLICANT: Kim Campbell, Corona del Mar
OWNER: Same as applicant
James Hewicker, Planning Director, explained that in order to
establish drainage on the subject site it is necessary to change the
elevation of the property, and there is also a depression in the
property which causes the structure to be over height over a
portion of the building.
In response to a question posed by Commissioner Glover, William
Laycock, Current Planning Manager, explained how the
discrepancy between the 5 feet and 15 feet below top of curb on
Ocean Boulevard occurred.
In response to a question posed by Commissioner Ridgeway, Mr.
Hewicker explained that the subject Site Plan Review is a new
application, and that it differs from Site Plan Review No. 63 that
was approved on May 9, 1991, and Site Plan Review No. 65 that
was approved on September 23, 1993, because the height of the
roof and the height of the building required a new analysis.
The public hearing was opened in connection with this item, and
Mr. Kim Campbell, applicant, appeared before the Planning
Commission. Mr. Campbell addressed the problems with the
drainage on the site, and he stated that the subject request
alleviates many of those problems. He further stated that stakes
were installed to demonstrate the height of the proposed structure
to the local residents. Mr. Campbell concurred with the findings
and conditions in Exhibit "A ".
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In response to a question posed by Commissioner Ridgeway, Mr.
Campbell explained that after the Coastal Commission approves
the subject request, construction will commence in June or July,
1994.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
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Motion was made and voted on to approve Site Plan Review No.
Al l Ayes
65 and Variance No. 1193 subject to the findings and conditions
in Exhibit "A'. MOTION CARRIED.
A SITE PLAN REVIEW NO 65 (AMENDED):
Findings:
1. That development of the subject property in the SPR
.
Overlay District will not preclude implementation of
specific General Plan objectives and policies.
2. That the value of property is protected by preventing
development characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate
placement of structures and failure to preserve where
feasible natural landscape features, open spaces, and the
like, resulting in the impairment of the benefits of
occupancy and use of existing properties in such area.
3. That benefits derived from expenditures of public funds for
improvement, acquisition and beautification of streets,
parks, and other public facilities are maximized by the
exercise of reasonable controls over the layout and site
location characteristics of the proposed residential
development.
4. That unique site characteristics are protected in order to
ensure that the community may benefit from the natural
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terrain, harbor and ocean, to preserve and stabilize the
natural terrain, and to protect the environmental resources
of the City.
5. With the exception of the proposed height of the structure,
the revised project fully conforms to the established
development standards for the R -1 SPR District.
6. That the revised project is compatible with the character of
the neighborhood and will contribute to the orderly and
harmonious development of surrounding properties and the
City.
7. That the revised project has been designed to maximize
protection of public views from Ocean Boulevard.
S. That there are no archeological or historical resources on-
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site.
9. That there are no environmentally sensitive areas on -site.
10. The property does not contain any areas of unique geologic
hazards.
11. That the proposed project will meet City noise standards
for residential development.
12. The site plan and layout of buildings, parking areas and
pedestrian and vehicular access are functional in that the
project has been designed so as to limit vehicular access to
the site from Breakers Drive.
13. The development is consistent with surrounding land uses
and with the goals and policies of the General Plan and
Local Coastal Program.
14. Mechanical equipment and trash areas will be concealed
from view.
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15. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development.
16. That public improvements may be required of a developer
per Section 20.01.070 of the Municipal Code.
17. The approval of the proposed project will not, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort, and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
Conditions:
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1. That the proposed development shall be in substantial
compliance with the approved site plan, the revised grading
plan, the revised elevations and revised sections except as
noted below.
2. That all previous applicable conditions of approval of Site
Plan Review No. 65 and Resubdivision No. 932 shall be
fulfilled.
3. That the driveway access shall be subject to further review
and approval by the City Traffic Engineer.
4. That the applicant shall obtain Coastal Commission
approval of this application prior to the issuance of building
permits.
5. That this Site Plan Review shall expire unless exercised
within 24 months from the date of approval as specified in
Section 20.01.070 K of the Newport Beach Municipal Code.
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B. VARIANCE NO. 1193
Findines:
1. That there are exceptional or extraordinary circumstances
applying to the land and building referred to in this
application, which circumstances or conditions do not apply
generally to land, buildings and /or uses in the same District
inasmuch as a significant portion of the site maintains an
existing slope of 2:1 or greater.
2. That the granting of the variance is necessary for the
preservation and enjoyment of substantial property rights of
the applicant, inasmuch as the proposed project is generally
comparable to the size, bulk and height to other buildings
constructed on the bluff side of Ocean Boulevard.
.
3. That the granting of the variance will not, under the
circumstances of the particular case, be materially
detrimental to the health, safety, peace, comfort, and
general welfare of persons residing or working in the
neighborhood of the subject property and will not under the
circumstances of the particular case be materially
detrimental to the public welfare or injurious to property
improvements in the neighborhood inasmuch as the project
has been designed so as to maintain existing public and
private views, and the portions of the structure which
exceed the allowable height limit are no higher in relation
to Ocean Boulevard, than the portions of the structure
which fully conform to the height limit.
Conditions:
1. That the project shall conform to all applicable conditions
of approval for Site Plan Review No. 65, Site Plan Review
No. 65 (Amended) and Resubdivision No. 932.
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2. That the applicant shall obtain Coastal Commission
approval of this application prior to the issuance of building
permits.
3. That this variance shall expire unless all conditions have
been fulfilled and the variance exercised within 24 months
of the date of approval as specified in Section 20.82.090A
of the Newport Beach Municipal Code.
Use Permit No. 3531 (Public Hearing
Item No.
UP3531
Request to permit alterations and additions to an existing duplex
on property located in the R -1 District and which provides less
than 1.5 parking spaces per dwelling unit. The proposal also
Approved
includes a modification to the Zoning Code so as to allow the
construction of a new habitable room where an existing habitable
room is being removed.
LOCATION: Lot 10, Block 119, First Addition to Newport
Beach, located at 1918 Court Avenue, on the
northeasterly side of Court Avenue, between
19th Street and 20th Street, in the Cannery
Village /McFadden Square Specific Plan
Area.
ZONE: SP -6
APPLICANT: Russell H. Olsen, Las Vegas
OWNER: Christine Olsen Trust, Las Vegas
The public hearing was opened in connection with this item, and
Mr. William Guidero, 342 - 62nd Street, designer for the project,
appeared before the Planning Commission on behalf of the
applicant. He concurred with the findings and conditions in
Exhibit "A ".
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There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
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Motion was made and voted on to approve Use Permit No. 3531
Al l Ayes
subject to the findings and conditions in Exhibit "A". MOTION
CARRIED.
FINDINGS
1. That although the existing duplex is inconsistent with the
Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan, the proposed additions to
the nonconforming use are not significant in this case; and
further, that the issue of alterations and additions to
nonconforming uses is not specifically precluded by the
General Plan and the Local Coastal Program Land Use
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Plan.
2. That the rezoning of the block on which the subject
property is located from the R -3 District to the R -1 District
was intended to preserve the uniformity of existing uses
(primarily single family dwellings and duplexes) by limiting
potential multi- family developments on combined lots
within said district.
3. That the proposed additions to the structure will not
increase any nonconforming condition nor create any new
nonconforming condition on the site.
4. That all new construction conforms to the requirements of
Title 20 of the Municipal Code.
5. That this project has been reviewed, and it has been
determined that it is categorically exempt from the
requirements of the California Environmental Quality Act
under Class 1 (Existing Facilities).
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6. That the proposed additions will not result in the addition
of habitable rooms and will not increase the parking
demand for the site. Therefore, the approval of the
applicant's request 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 and further that the proposed
modification is consistent with the legislative intent of Title
20 of this Code.
7. The approval of Use Permit No. 3531 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
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the neighborhood or the general welfare of the City, and
further that the proposed modification to allow additions
and alterations to a duplex with nonconforming parking is
consistent with the legislative intent of Title 20 of the
Municipal Code.
CONDITIONS:
1. That the proposed development shall be in substantial
conformance with the approved plot plan, floor plans, and
elevations, except as noted below.
2. That Coastal Commission approval shall be obtained prior
to the issuance of a building permit.
3. That one garage space shall be maintained for each
dwelling unit.
4. That this use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
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Use Permit No. 3533 (Public Hearing)
Item No..
Request to permit the construction of a new automobile self
UP3533
service station on property located in the RSC District. The
proposal includes the construction of new cashier's
Approved
booth /restroom, new pump islands and a new canopy, and the
installation of new landscape planters. The proposal also includes
a modification to the Zoning Code, so as to allow a new trash
enclosure, a portion of the new landscape planter, an air and water
station and a light standard, all of which are proposed to encroach
10 feet into the required 10 foot rear yard setback adjacent to an
alley. The proposal also includes various modifications to the
development standards for new automobile service stations.
LOCATION: Parcel 1 of Parcel Map 167/37 -38
(Resubdivision No. 680) located at 3400 East
Coast Highway, on the southeasterly comer
of Marigold Avenue and East Coast
Highway, in Corona del Mar.
ZONE: RSC
APPLICANT: United El Segundo, Gardena
OWNER: Same as applicant
Chairman Merrill and Don Webb, City Engineer, discussed the
provisions of sight line distance.
Mr. Jeff Appel, Anaheim Hills, applicant, appeared before the
Planning Commission. He concurred with the findings and
conditions in Exhibits "A" and 'B ".
Mr. John Townsend, 424 Marigold Avenue, appeared before the
Planning Commission. Mr. Townsend expressed his concerns that
not enough parking and landscaping are being required, and that
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the restroom and the telephone booth will attract the homeless
people.
In response to a request posed by Chairman Merrill, William
Laycock, Current Planning Manager, responded that two parking
spaces were recommended by staff for an employee and public
use. If more parking spaces were required then there would be
less space for landscaped areas. Mr. Laycock pointed out that on
the basis that the Planning Commission may waive specific
Development Standards for automobile service stations when the
structure is located on a smaller lot than a typical sized lot, 10
percent landscaping would be adequate for the site in this
particular case. The Newport Beach Municipal Code requires that
the restroom be open during a service station's hours of operation.
Ms. Pam Sarfati, 426 Marigold Avenue, appeared before the
Planning Commission. She expressed her concerns that the
.
neighborhood has become noisy because of the public telephones
in the neighborhood, and by individuals who turn their radio
volumes excessively high. In response to Commissioner Pomeroy,
Ms. Sarfati explained that two telephones are located on the
subject property, at the corner of the alley and Marigold Avenue,
and one telephone is located outside of the library. Ms. Sarfati
and Commissioner Pomeroy discussed telephone locations that
would not interfere with the residents. Mr. Hewicker stated that
the attendant on duty should be able to control the activity that
occurs on the lot. He stated that if individuals that are parked on
the property are playing radios, it would appear that it is not the
proper use for the site, and the attendant should request that the
individuals move their automobiles. Mr. Hewicker stated that the
best location away from the residential area would be at the
comer of East Coast Highway and Marigold Avenue, or Marigold
Avenue and the interior property line on East Coast Highway.
Ms. Sarfati requested that a "Quiet" sign be posted on the site.
Mr. R. Rigaud, 421 Narcissus Avenue, appeared before the
Planning Commission. Mr. Rigaud requested that the service
station remain "low- key ": low canopy, low lighting, and not to
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increase the restrooms. He recommended that the telephone
booths be relocated to the inside property line adjacent to the
sidewalk on East Coast Highway to keep the noise and the
undesirable people away from the residential area. He
recommended that landscaping be used to cover the vent pipes.
In response to a question posed by Mr. Rigaud, Mr. Hewicker
explained that service stations are allowed in commercial areas of
the City. Mr. Rigaud opposed the 24 hour operation of the service
station. In response to a question posed by Mr. Rigaud, Mr.
Hewicker explained that it has been the policy of the City to
require restrooms in service stations to provide a benefit to the
public. Commissioner Glover and Mr. Riguad discussed his
concerns regarding the public telephones that are installed at the
service station. In response to questions posed by Commissioner
Edwards, Mr. Rigaud stated that if the telephones would be moved
to the interior of the service station, and if the restrooms would be
used only by the patrons of the service station that he would agree
to the uses.
Ms. M. Riley, 409 Marigold Avenue, appeared before the Planning
Commission. She agreed with the aforementioned comments by
the residents. In addition, she commented that the neighbors are
disturbed at 4:00 a.m. when the gasoline is loaded into the tanks,
and she requested that the gasoline be delivered at a different
hour. Ms. Riley addressed the noise that is caused by the use of
the public telephones.
Ms. Burns, 423 Narcissus Avenue, appeared before the Planning
Commission. She addressed the noise that comes from the public
using the telephones. In response to a question posed by
Commissioner Glover, Ms. Burns replied that the telephones have
been at the library for 6 to 8 months.
Mr. Jeff Appel, applicant, reappeared before the Planning
Commission. He addressed the applicants plans to renovate the
service station; that the vent pipes will be moved closer to the
building; that the service station in Corona del Mar is their prize
facility and the one the applicant is the most proud of; the brand
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will be changed to Mobil because it would draw a higher class of
customer than Arco; however, the station will continue to maintain
a low gasoline price; that he would rather not provide a restroom
but it is required; the public telephones are not necessary; and in
conclusion the remodeled service station will be an asset to the
City. He said that if the request is not allowed, it would be
necessary to replace the tanks but not renovate the site, and the
station would still be open 24 hours.
In response to a question posed by Mr. Hewicker, Mr. Appel
replied that he would contact the Mobil Oil Corporation to try to
limit the hours of delivery.
In response to questions posed by Commissioner Pomeroy, Mr.
Appel stated that he would not object if the public telephones
would be removed; that he would not have a problem if a sign
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would be posted requesting "Quiet" but he expressed doubt that it
would help the cause; and the sign at the service station indicates
"United" until the service station is remodeled and the Mobil Oil
sign is installed.
Commissioner Ridgeway and Mr. Appel discussed the hours that
the gasoline would be delivered by Mobil Oil in consideration of
the adjacent neighborhood. Mr. Appel stated that if deliveries are
only made during the day, there could be traffic congestion on
East Coast Highway.
In response to questions posed by Commissioner Edwards, Mr.
Appel stated that he would prefer that the restrooms be restricted
to patrons only.
In response to questions posed by Commissioner Gifford, Mr.
Appel replied that seven percent of the service station's business
is between 12:00 midnight and 6:00 a.m.
Mr. Hewicker stated that Condition No. 20, Exhibit "A ", and
Condition No. 22, Exhibit "B ", allows the Planning Commission to
call the use permit back for review to modify or add conditions of
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approval if it is determined that the operation is detrimental to the
community.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
*
Motion was made to approve Use Permit No. 3533 subject to the
All Ayes
findings and conditions in Exhibit "B ", and to add or modify the
following conditions: Condition No. 15 be modified to state "That
the on -site restroom shall be made available to patrons only during
all hours of operation'; Add Conditions No. 24 stating 'That
gasoline deliveries shall not be allowed between 11:00 p.m. and
7:00 am."; No. 25 stating 'That no public telephones shall be
allowed on the property'; and No. 26 stating 'That a sign
indicating Residential Neighborhood - Quiet" be posted on the
property.
.
In response to a question posed by Commissioner Gifford, Mr.
Appel stated that if the neighbors wanted to contact him that the
telephone number is publicly posted on the site.
The aforementioned motion was voted on, MOTION CARRIED.
Commissioner Ridgeway indicated that he objected to Condition
No. 26 requiring a "Quiet" sign.
FINDINGS:
1. That the proposed development is consistent with the Land
Use Element of the General Plan and is compatible with
the surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
for access through or use of property within the proposed
development.
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4. That public improvements may be required of a developer
per Section 20.80.060 of the Municipal Code.
S. That the approval of Use Permit No. 3533 will not, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved site plan and elevations, except as noted
below.
.
2. That all improvements be constructed as required by
Ordinance and the Public Works Department.
3. That arrangements be made with the Public Works
Department in order to guarantee satisfactory completion
of the public improvements, if it is desired to obtain a
building permit prior to completion of the public
improvements.
4. That the site layout shall be redesigned in such a way as to
include 2 on -site parking spaces for employee and public
use.
5. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
6. That all proposed pricing and monument signs provide sight.
distance at all drives in conformance with City Standard
No. 110 -L
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7. That the deteriorated sidewalk be reconstructed along the
Marigold Avenue frontage under an encroachment permit
issued by the Public Works Department.
8. That the proposed trash enclosure be set back a minimum
of 5 feet from the alley right -of -way and that the top of
curb along the alley right -of -way be a maximum of 6 inches
high.
9. That the proposed island located adjacent to the alley that
provides water, air and telephone service be set back from
Marigold Avenue sufficient to provide sight distance in
conformance with the City's Sight Distance Standard 110-L.
10. That the on -site drainage be approved by the Public Works
.
Department prior to issuance of any grading or building
permits.
11. That disruption caused by construction work along
roadways and by movement of construction vehicles shall
be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of
equipment and materials shall be conducted in accordance
with state and local requirements. There shall be no con-
struction storage or delivery of materials within the East
Coast Highway right -of -way.
12. That overhead utilities serving the site be undergrounded
to the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code unless it is determined by
the City Engineer that such undergrounding is unreasonable
or impractical.
13. That all signs shall conform to the provisions of Chapter
20.06.050 C of the Municipal Code.
22
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14. That all mechanical equipment and trash areas shall be
screened from East Coast Highway and adjoining
properties.
15. That the on -site restroom shall be made available to
patrons only during all hours of operation.
16. That a 24 hour operation shall be permitted.
17. That no automobile repairs or oar washing shall be
permitted on the site unless an amendment to the use
permit is approved by the Planning Commission.
18. That buzzers and amplified signaling bells shall be located
within the building and shall not generate noise beyond
that of a normal residential telephone ring.
•
19. That any lighting on the site shall be shielded to conceal
the light source so as to control glare and spillage onto
adjacent properties and streets.
20. That the grantee provide the oil company, the property
owner and /or lessee each with a copy of the conditions
embodied on the permit, and receive a written receipt
therefore, so that there shall be no person operating the
premises who is not aware of the conditions of operation.
If, during any inspection of the premises, the City shall find
violations of the requirements of the use permit, it shall
notify both the oil company and the operator of the station
in order to assure compliance.
21. That a landscape plan and related irrigation system for the
required landscape planter areas shall be approved by the
Community Services Department. Said landscaping and
irrigation system shall be implemented in accordance with
the approved plans, and shall be continuously maintained.
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22. That the Planning Commission may add to or modify
conditions of approval to this use permit, or recommend to
the City Council the revocation of this use permit upon a
determination that the operation which is the subject of this
amendment causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the
community.
23. That this use permit shall expire unless exercised within 24
months from the date of approval as specified in Section
20.80.090 A of the Newport Beach Municipal Code.
24. That gasoline deliveries shall not be allowed between 11:00
p.m. and 7:00 a.m.
25. That no public telephones shall be allowed on the property.
.
26. That a sign indicating Residential Neighborhood - Quiet be
posted on the property.
Amendment No. 803 (Public Hearing)
Item No.6
A803
Request to consider amending portions of Districting Maps No. 22
and 25 so as to reclassify property from the R -3 (2178) District to
the APF District
Approved
LOCATION: A portion of Lot 918 and Lot 818, First
Addition to the Newport Mesa Tract, being
two parcels located at 1455 Superior Avenue,
on the northwesterly side of Superior
Avenue, between Hospital Road and
Placentia Avenue, in the West Newport
Beach Triangle Area.
ZONE: R -3 (2178)
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APPLICANT: Sharon Neben, San Diego
OWNER: Alice Rawlins Family Trust, Costa Mesa
The public hearing was opened in connection with this item, and
Ms. Sharon Neben, San Diego, applicant, appeared before the
Planning Commission on behalf of the property owner.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
lotion
*
Motion was made and voted on to recommend approval of
01 Ayes
Amendment No. 803 to the City Council and to adopt Resolution
No. 1354. MOTION CARRIED.
x x x
•
Use Permit No. 3527 (Continued Public Hearing)
Item No.
Request to establish an international backpackers inn on property
located in the "Specialty Retail" area of the Cannery
UP3527
Village /McFadden Square Specific Plan Area. The proposal
Denied
involves short term dormitory style accommodations for traveling
backpackers.
LOCATION: Lot 24 and a portion of Lot 25, Block 431,
Lancaster's Addition, located at 430 32nd
Street, on the southerly side of 32nd Street,
between Newport Boulevard and Villa Way,
in the Cannery Village /McFadden Square
Specific Plan Area.
ZONE: SP -6
APPLICANT: Andrew Grace, Newport Beach
OWNER: Kaisha Sansei KenKo Kabushiki, Newport
Beach
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Commissioner Edwards asked Robin Flory, Assistant City
Attorney, if she contacted the City Attorney's Office in Santa
Barbara regarding the Unruh Act whereby Ms. Flory replied that
Santa Barbara did not consider the Unruh Act because the hostel
wanted to limit the length of stay to three days. Commissioner
Glover stated, and Ms. Flory concurred, that the City would not be
allowed to restrict the subject hostel to European students under
the Unruh Act.
Commissioner Pomeroy stated that the applicant personally
indicated to him that the proposed hostel had an off -site parking
agreement for additional parking spaces, whereas James Hewicker,
Planning Director, stated that the applicant had not contacted staff
indicating that they had an off -site parking agreement.
In response to comments by Commissioner Edwards regarding the
Unruh Act, Ms. Flory replied that it is feasible that the City could
.
not be held accountable, only the applicant; however, she
emphasized that it would be difficult for the City to enforce a
condition that is illegal. Commissioner Edwards responded that
nationality and citizenry are not necessarily one and the same.
Ms. Flory indicated that based on the research that was done, the
condition to restrict access only to foreign visitors would be in
violation of the Unruh Act.
Commissioner Ridgeway stated that the hostel is a business that
is open to the public and thereby it would qualify under the Unruh
Act.
The continued public hearing was opened at this time, and Mr.
Bob Dakota, 118 - 40th Street, appeared before the Planning
Commission on behalf of the applicant. The applicant brought a
10 to 15 minute video tape to the Planning Commission meeting
to demonstrate their proposal; however, the Planning Commission
made a decision to restrict the public hearing to the concerns that
the Commission submitted to the applicant during the April 21,
1994, Planning Commission meeting.
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Mr. Philip Boston, 118 - 40th Street, applicant, appeared before
the Planning Commission.
Mr. Dakota stated that the property owner located at 3020
Newport Boulevard at the comer of Newport Boulevard and 31st
Street, indicated that the applicant would be allowed to rent six
parking spaces if they rented the building which they would use for
extra office space. The property owner would give them a year
lease on the building.
In response to a question posed by Commissioner Gifford, Mr.
Dakota replied that the Coastal Commission informed the
applicant that the parking spaces would have to be within 500 feet
of the subject facility, and the aforementioned six parking spaces
are located within that distance.
Mr. Hewicker expressed a concern regarding the building that is
located at 3020 Newport Boulevard, and if the six parking spaces
that are located on the site could be made available to the
applicant. Commissioner Pomeroy suggested that a condition
could be added stating that an off-site parking agreement that
would be acceptable to the Planning Department must be in place
before the project can go forward. Mr. Hewicker replied that the
Planning Commission should be informed of where the parking is
provided, if it is available and convenient to the people that are
residing in the hostel, and that it would not be used for another
purpose. Commissioner DiSano concurred that the public, in
addition to the Commission, should be informed of where the off-
site parking is located.
Commissioner Edwards addressed the following suggested
condition proposed by staff as stated in the staff report: That prior
to issuance of building permits for the youth hostel facility, an off-site
parking agreement shall be recommended by the Planning
Commission and approved by the City Counci4 guaranteeing that
minimum of 9 additional parking spaces shall be provided for the
proposed facility in accordance with Section 20.30.035 D of the
Newport Beach Municipal Code. Commissioner Edwards stated
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that he does not see how the aforementioned condition differs
from what the applicant is offering the City with the exception that
the City is requesting 9 parking spaces as opposed to 6 parking
spaces. Mr. Hewicker responded that the Planning Commission
does not have sufficient information as to the location of the 6
parking spaces.
Commissioner Glover stated that it is the tradition of the Planning
Commission to approve an off -site parking agreement as a
condition of a use permit.
Mr. Hewicker stated that it is at the discretion of the Planning
Commission if they want the Planning Department to approve the
off -site parking agreement. Chairman Merrill concurred that the.
location of the parking should be within the purview of the
Planning Commission, and ultimately of the City Council.
.
Mr. Boston addressed staff's suggested condition stating That 95%
of the hostel visitors shall be limited to a maximum stay of 3 days
wherein he indicated that it is a Youth Hostel of America
regulation. Mr. Boston indicated that the applicant did not profess
to be associated with the Youth Hostel of America Association,
and that they did not intend to be associated with the Association
inasmuch as the hostel system proved to be dysfunctional in
Australia. He stated that the facility cannot abide by a maximum
stay of 3 days.
In response to questions posed by Commissioner Gifford, Mr.
Dakota replied that the hostels located in Santa Barbara and
Santa Monica are currently not in operation, and he indicated that
he was surprised that they were used as examples. The hostels
that they would use as examples are located in Miami, New York,
San Francisco, and Colorado, all of which are independent
Backpackers. He indicated that the aforementioned hostels do not
have daytime curfews, and the hostels allow at least a two to three
week stay; however, statistically, the majority of the people stay for
three or four days. Mr. L.aycock stated that staff was not aware
that the Santa Barbara and Santa Monica hostels were not
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operational inasmuch as staff verbally contacted the Planning
Departments in both cities.
Mr. Hewicker stated that staff is aware that the Santa Barbara
hostel that is associated with a resort has not been built. Mr.
Dakota stated that the Santa Monica hostel is currently under
construction. Mr. Dakota stated that when they contacted the
American Association of International Hostels headquarters the
applicants were informed that the minimum stay is 12 days;
however, several facilities located in Dallas, New York,
Washington D.C., and Boulder, Colorado allow a maximum stay
of 28 days. Mr. Boston stated that the aforementioned hostels do
not have parking requirements.
Commissioner Ridgeway pointed out that the Santa Monica. hostel
has access to a parking structure that is associated with a hotel.
In response to a question posed by Commissioner Ridgeway, Mr.
.
Dakota replied that the subject hostel would need a stay of 14 to
21 days to make the facility functional.
In response to questions posed by Chairman Merrill and
Commissioner Edwards, Mr. Boston replied that inasmuch as the
visitors are on tour, they would want to have a safe place to put
their personal belongings, and that they would want access to their
personal items during the day.
In response to a question posed by Commissioner Ridgeway, Mr.
Dakota replied that the subject hostel would be associated with
the American Association of International Hostels dba
Rucksackers North America. Rucksackers is connected with an
Association that was started in Australia and New Zealand, and
they are in the process of moving to Europe after North America.
Attached to the staff report is a letter from the headquarters in
New York City indicating that the Newport International
Backpackers Inn would have a provisional membership with the.
Association upon the approval by the City of Newport Beach.
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Mr. Andrew Grace, 118 - 40th Street, applicant, appeared before
the Planning Commission. Mr. Grace addressed the feasibility of
the City permitting in -lieu parking, the availability of parking
spaces in the immediate vicinity, and the City's Municipal Parking
Lot located on 31st Street. He stated that the local property
owners were contacted regarding the availability of parking spaces,
and that the hostel would need a three to five year parking lease.
He commented that the hostel needs the help of the City to solve
the parking issue.
In response to a question posed by Commissioner Edwards, Mr.
Grace replied that they would comply with the condition that the
applicant would be held responsible for trying to restrict access to
International visitors. Mr. Grace further stated that the hostel
would reserve the right to refuse entry. He commented that the
hostel would have no problem with an American requesting entry
•
to the hostel if they are travelling as a Backpacker.
Mr. Guy Miner, 365 Via Lido Soud, and property owner of
buildings located on Villa Way, 31st Street and 32nd Street,
adjacent to the subject property, emphasized that the applicant did
not contact him requesting parking spaces. The property that he
owns provides enough parking for his tenants; however, he opined
that the hostel would make the parking worse in the area. In
response to a question posed by Commissioner Ridgeway, Mr.
Miner stated that he is opposed to the subject facility on the basis
of the lack of parking in the area, and he pointed.out that the
Newport Club requires a considerable amount of parking for their
membership.
Mr. Dakota reappeared before the Planning Commission wherein
he emphasized that there is available parking in the City's
Municipal Parking Lot on 31st Street, and there are also metered
parking spaces available in the area.
The Planning Commission discussed the issue of the video that the
applicant brought to the proceedings. Mr. Dakota stated that the
primary purpose of the video was to indicate to the Planning
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Commission that there was ample parking in the area for the
hostel visitors. Commissioner DiSano suggested that the applicant
consider what parking would be available during the summer
months and holiday weekends as opposed to when the applicants
videotaped the parking spaces during the recent off -peak weeks.
Mr. Hewicker stated that staff suggested the required number of
parking spaces based on a study of other jurisdictions where there
are existing legal nonconforming youth hostels with no parking, or
youth hostels that are under construction where there is required
parking. He pointed out that the Planning Commission has the
ability to change the parking requirement of the subject hostel.
Ms. Maxine Cohen, 118 - 33rd Street, appeared before the
Planning Commission. She Stated that the requested length of stay
of 14 to 21 days would be excessive based on her experiences with
.
the rented houses that are located in her neighborhood.
In response to comments by Commissioner Ridgeway, Mr. Grace
reappeared before the Planning Commission. Mr. Grace
determined that it would benefit the City if the visitors would
come to the area without automobiles, and that is what the hostel
is attempting to achieve.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Commissioner DiSano complimented the applicants on their
abilities, and he said that there is a purpose and necessity for a
hostel in the City. The subject location is not the appropriate
place for the hostel based on the fact that a portion of the people
that would come to the hostel in the City would have a vehicle,
and therefore, parking is an issue. The subject location is too
"tight" far a hostel, and he suggested that the applicants consider
the Fun Zone area, or a building that would be able to provide
some parking. Commissioner DiSano opined that the applicant
should be able to ask a potential visitor if he /she is a foreigner or
an individual that would be using the hostel for the purpose of
S
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allowing a foreigner an inexpensive stay in the United States;
however, based on the City Attorney's Office study that would not
be possible.
Commissioner Ridgeway stated that there would be a need for
additional parking for the hostel inasmuch as the 2 parking spaces
on -site would be used by the employees. He addressed the lack
of parking in the area during the summer months and during peak
holidays. Commissioner Ridgeway supported the idea of a hostel
in Newport Beach, and he recommended that the applicants seek
a location that would provide parking. The subject building may
be too dense for the number of people that would be using the
facility. He did not discourage the applicants from continuing to
look in the Cannery Village area.
Commissioner Pomeroy stated that the proper amount of parking
is probably somewhere between what the applicant believes is
•
needed and what staff requested. He questioned if the visitors
would come to the facility in automobiles, and he stated that a
compromise could be made in the length of stay in the hostel. He
determined that what the local residents seem to have perceived
what the youth hostel was going to become appears to be the real
issue. The issue is not whether the parking would be available,
but that the neighbors believe the persons staying in the youth
hostel are not what the applicants have portrayed. Commissioner
Pomeroy supports a youth hostel in the City; however, he
recommended that before the applicants come back to the
Planning Commission with another application for a youth hostel,
that the applicants contact the local residents so they are informed
that the hostel would not be a hangout for 'beach bums' who want
a room, and he determined that the applicants did not successfully
accomplish that idea.
Commissioner Glover pointed out that the applicants did not bring
the aforementioned six parking spaces back to staff after they
located the parking on Newport Boulevard for staff's review prior
to the Planning Commission meeting. She opined that the
applicants' positions regarding the length of stay and availability
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of the sleeping rooms were not consistent with the applicants'
testimony requesting a youth hostel during the April 21, 1994
Planning Commission meeting.
Commissioner Gifford suggested that the Planning Commission .
indicate to the applicants what the Commission would consider an
appropriate length of stay and the Commission's opinion regarding
the availability of the rooms during the day. Mr. Boston
reappeared before the Planning Commission, and he indicated to
the Commission that if the City wanted to work with them that
they would work with the City.
Commissioner Ridgeway stated that he would have no problem
with a 14 to 28 day stay in a hostel assuming the information in
the staff report is correct, or if the hostel would be open during
the day. He concurred with Commissioner Pomeroy that it is a
•
difficult issue because of public opinion.
Commissioner DiSano stated that he would have no problem with
a 14 to 21 day stay in a hostel or if the hostel would be open
during the day. He expressed his concern regarding credentials
and if the credentials cannot be demanded, then he would have a
difficult time approving a hostel.
Commissioner Pomeroy stated that he would not have a problem
with a 14 to 21 day stay or if the hostel would be open during the
day; however, he addressed the conditions of the Unruh Act.
Commissioner Ridgeway stated that the Unruh Act exists for a
reason, and he would have no problem with the issue if the hostel
would request a picture identification and a residence.
Commissioner Edwards referred to a proposed condition in the
staff report stating That the hostlers shall be required to provide or
possess a photo identification card and proof of permanent residence
upon registration to the facility, and he stated that the foregoing
condition could be restructured to Commissioner Ridgeway's
comments.
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lotion
*
Motion was made and voted on to deny Use Permit No. 3527
eyes
*
*
*
*
*
subject to the findings in Exhibit "B ". MOTION CARRIED.
foes
Findings.
1. That the proposed Youth Hostel Facility is not compatible
with surrounding commercial and residential land uses.
2. That the proposed facility will change the character of the
parking requirements for the existing building and will
increase parking demand which cannot be accommodated
by existing on -site parking spaces.
3. That the proximity of residential uses located in the vicinity
of the proposed facility will be adversely impacted by noise
associated with the proposed facility.
•
4. The approval of Use Permit No. 3257 will, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
A. Traffic Study No 93 Continued Public Hearing).
Item No.8
Request to approve a traffic study for a proposed McDonald's
take -out restaurant facility; and the acceptance of an
TS93
environmental document.
UP3516
AND
Continued
to 6 -9 -94
B Use Permit No 3516 (Continued Public Hearing)
Request to establish a McDonald's take -out and drive through
restaurant facility on property located in the "Retail and Service
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Commercial" area of the Cannery Village /McFadden Square
Specific Plan Area. The proposal includes a building design with
two exterior walk -up order windows, an enclosed ancillary eating
area, and an outdoor eating area. The proposal also includes a
request to waive a portion of the required off - street parking
spaces; a modification to the Sign Code so as to allow a ground
identification sign and a ground mounted menu sign on the
property, whereas the Sign Code allows only one pole or ground
sign per site; and the use of the McDonald's logo on each of the
six proposed directional signs.
LOCATION: Lots 11 and 12, Block 227, Section A, and
Record of Survey 7646, located at 2807
Newport Boulevard, on the northerly side of
28th Street, between Newport Boulevard
(northbound) and Newport Boulevard
(southbound), in the Cannery
Village /McFadden Square Specific Plan
Area.
ZONE: SP -6
APPLICANT: McDonald's Corporation, San Diego
OWNER: Bedford Road, Inc., Irvine
James Hewicker, Planning Director, requested that Item No. 8 be
continued to the June 9, 1994 Planning Commission meeting to
allow further analysis by the consulting Traffic Engineer relative
to the most recent changes to the project proposed by the
applicant.
Motion
*
Motion was made and voted on to continue Traffic Study No. 93
All Ayes
and Use Permit No. 3516 to the June 9, 1994, Planning
Commission meeting. MOTION CARRIED.
s s s
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n o. i
Request to consider amendments to Titles 19 and 20 of the
Item No.!
A794
Newport Beach Municipal Code so as to: eliminate the mandatory
Planning Commission review of Final Tract Maps; eliminate the
mandatory City Council review of Tentative Tract Maps; and to
allow the Modifications Committee to review and approve
Approved
Tentative Parcel Maps.
Res. 1355
INITIATED BY: The City of Newport Beach
James Hewicker, Planning Director, stated that under the
provisions of the proposed amendment, the Tentative Tract Maps
will come to the Planning Commission and the Final Tract Maps
will go to the City Council whereby the City Council will indicate
that the Final Maps are in substantial conformance with the
Tentative Tract Maps that the City Council has not previously
reviewed.
The public hearing was opened in connection with this item, and
there being no others desiring to appear and be heard, the public
hearing was closed at this time.
Motion
Motion was made and voted on to recommend approval of
All Ayes
Amendment No. 794 to the City Council and to adopt Resolution
No. 1355. MOTION CARRIED.
Additional Business:
Add' 1
Motion
All Ayes
Motion was made and voted on to excuse Commissioner Pomeroy
from the June 9, 1994, Planning Commission meeting. MOTION
Business
Pomeroy
CARRIED.
Excused
Adjournment: 9:30 p.m.
Adjourn
ANNE K GIFFORD, SECRETARY
is
CITY OF NEWPORT BEACH PLANNING COMMISSION
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