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HomeMy WebLinkAbout06/06/1991COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. po DATE: June 6; 1991 "-\ CITY OF NEWPORT BEACH ROLL CALL INDEX Present * * * All Commissioners were present. EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Don Webb, City Engineer. Dee Edwards, Secretary Minutes of May 23, 1991: Minutes of Motion * Motion was made and voted on to approve the May 23, 5/23/91 Ayes * * * * * * 1991, Planning Commission Minutes. MOTION CARRIED. Abstain * : s : Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. Posting of the AizeDda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, May 31, 1991, in front of City Hall. COMMISSIONERS June 6, 1991 MINUTES. o'O �d�_O� • ��' �� .� CITY OF NEWPORT BEACH ROLL CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, requested that Item No. 8, Continue Amendment No. 736, regarding the proposed revision of noise level standards for mechanical equipment in residential areas be continued to the June 20, 1991, Planning Commission meeting in anticipation of the length of the subject Planning Commission meeting. Motion Motion was made and voted on to continue Amendment No. 736 All Ayes to the June 20, 1991, Planning Commission meeting. MOTION CARRIED. x x x A Site Plan Review No 62 (Continued Public Hearing) stem No.1 Request to permit the construction of a combined. commercial /residential development in the Old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted. sPR62 UP 3415 Approved AND B. Use Permit No. 3415 (Continued Public Hearing) Request to permit the construction of a dwelling unit on property located in the C -1 District. LOCATION: A portion of Lot 3, Block 8, Tract No. 27, located at 472 North Newport Boulevard, on the southeasterly side of North Newport Boulevard, between Bolsa Avenue and Westminster Avenue, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 PLICANT: Majid Dezand, Newport Beach • OWNER: Same as applicant -2- COMMISSIONERS June 6, 119, 91 MINUTES ,o CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, responded to a previous inquiry with respect to mixed use development on North Newport Boulevard where office or commercial uses were proposed on the second floor, and be commented that one previous mixed use application on North Newport Boulevard was approved by the Planning Commission with office use on the second floor but was denied by the City Council. Chairman Debay stated that she was not aware of a combined commercial /residential development that had office and residential uses on the same floor. Mr. Hewicker stated that a typical mixed use is office or commercial on the ground floor, and residential on the second floor. Commissioner Glover expressed her concern with the deterioration of the subject property. Mr. Hewicker stated that if a building is allowed to deteriorate to the point where it would become a hazard, staff would contact the Building or Fire Departments to inspect the property and the property owners would be notified of • the violations. The public hearing was opened in connection with this item, and Mr. Languis appeared before the Planning Commission on behalf of the applicant. In response to a question posed by Chairman Debay, Mr. Languis concurred with the findings and conditions in Exhibit 'W'. Mr. Languis stated that the commercial and residential uses are accessed by separate exterior stairways, and the uses are divided by a one hour separation in accordance with the Uniform Building Code. Chairman Debay and Mr. Unguis discussed the design of the parking layout. There being no others desiring to appear and be heard, the public Baring was closed at this time. ommissioner Person stated that the number of parking spaces are in compliance with the Zoning Code, and the Floor Area Ratio Motion represents a reasonable development. Motion was made to approve Site Plan Review No. 62 and Use Permit No. 3415 subject o the findings and conditions in Exhibit "A'. ommissioner Pomeroy stated that based on the requirements of he Building and Zoning Codes, and the separation of the . ommercial and residential developments on the same floor, the nixed use should function properly. -3- COMMISSIONERS June 6, 1991 MINUTES. � o,o CITY OF NEWPORT BEACH low I ROLL CALL INDEX Commissioner Glover did not support the motion on the basis that the proposed project is an "in -fill" development on North Newport Boulevard located on a very small lot, and the affect the parking would have on the area. She recommended a Specific Area Plan for North Newport Boulevard inasmuch as the area is developing into a broad mixture of uses, and said Plan would give the Planning Commission a better handle on the area. Commissioner Pers6n compared the size and square footage of the subject property with his property located in Cannery . Village wherein he concluded that the subject property is larger than the typical mixed use lot that the Planning Commission has approved throughout the City. Commissioner Edwards stated that the proposed project appears to be better than what is currently on the site, and it would appear that the use is a decent utilization of the property. Commissioner Glover responded that the deterioration of the property is not enough reason to approve a project so as to improve the area, and she indicated that it is up to the property owner to maintain the property. She further responded to Commissioner Pers6ds foregoing statement wherein she explained that the feeling of the Cannery Village is different from North Newport Boulevard. Chairman Debay pointed out that the applicant is required to record a Covenant guaranteeing the future use of the property. She explained that the development would consist of no more than one dwelling unit, the on -site parking layout must be approved by the City Traffic Engineer, and the design is in compliance with City requirements. Commissioner Di Sano supported the motion. He concurred that it would benefit the Planning Commission if a Spec Area Plan existed; however, he said that the development is in general character of the area and is a good utilization of the property. Motion was voted on to approve Site Plan Review No. 62 and Use Ayes * * * . Permit No. 3415 subject to the findings and conditions in Exhibit No W'. MOTION CARRIED. i -4- COMMISSIONERS June 6, 1991 MINUTES ,o CITY OF NEWPORT BEACH ROLL CALL INDEX A. Site Plan Review No. 62: 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 development. 4. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain; harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 5. That the site does not contain any unique landforms such as coastal bluffs. 6. That the development is compatible with the character of the neighborhood and will contribute to the orderly and harmonious development of surrounding properties and the City. That there are no environmentally sensitive areas on -site which should be protected. S. The property does not contain arty areas of unique geologic hazards. -5- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 9. The development is consistent with the General Plan of the City of Newport Beach. 10. That there are no archeological or historical resources on- site. 11. That the proposed development has been designed so as to prevent any adverse effect on the adjoining residential property. 12. That the project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 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 all conditions of approval for Use Permit No. 3415 shall be fulfilled. 3. That this Site Plan Review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.60.060 H of the Newport Beach Municipal Code. B. Use Permit No. 3415: Findings: 1. That the proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. That adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. S 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large -6- COMMISSIONERS June 6, 1991 MINUTES O'd �'d��`�Cn ��� �� .� CITY OF NEWPORT BEACH ROLL CALL INDEX for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 19.08.1020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. The approval of Use Permit No. 3415 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 Conditions: • 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. 2. That the applicant shall record a covenant, guaranteeing the future use of the property shall be limited to commercial space and no more than one dwelling unit. 3. That the two covered Parking Spaces No. 3 and 4 on the approved site plan shall be for the exclusive use of the residential unit on the site. 4. That all improvements be constructed as required by Ordinance and the Public Works Department. 5. That a standard use permit agreement and accompanying surety be provided 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. • 6. That the commercial and residential unit be served with individual water service and sewer lateral connection to the -7- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX public water and sewer systems unless otherwise approved by the Public Works Department. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 8. That the intersection of the private drive and North Newport Boulevard be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 9. That a curb, gutter, 8 foot wide sidewalk and street paveout be constructed along the North Newport Boulevard frontage under an encroachment permit issued by the Public Works Department. 10. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 11. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to the issuance of building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 12. That the Public Works Department plan check and inspection fee be paid. 13. 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. -8- COMMISSIONERS June 6, 1991 MINUTES 0 0 \� CITY OF NEWPORT BEACH ROLL CALL INDEX 14. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 15. That a sign which will be visible from the street shall be provided at the front of the building, indicating the location of the commercial parking at the rear of the property. 16. That all proposed signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress to the site. 17. That one handicapped parking space shall be provided unless waived by the Building Department. Said parking space shall be used solely for handicapped self - parking. • One handicapped sign on a post and one handicapped sign on the pavement shall be required for the handicapped space. 18. That the lighting system for the proposed project shall be designed in a manner so as to conceal the light source and minimize light and glare to the adjoining residential properties to the east. The lighting plans shall be prepared and signed by a licensed Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 19. That the applicant shall construct a 6 foot high block wall along the easterly property line adjacent to the "R" classified property. The height of said wall shall be measured from the adjoining residential grade. 0. That all trash areas and mechanical equipment shall be shielded or screened from North Newport Boulevard and adjoining properties • -9- COMMISSIONERS June 6, 1991 MINUTES o.o �p p pcn CITY OF NEWPORT BEACH ROLL CALL INDEX 21. Landscaping along North Newport Boulevard shall conform to Std. 110 -L unless otherwise approved by the Traffic Engineer and the Public Works Department. 22. That the proposed dwelling unit shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 CNEL for exterior living areas, as measured from the area expected to experience the highest sound levels. Measurement. and certification of compliance with this condition shall be completed prior to the issuance of the Certificate of Occupancy by a registered engineer practicing in acoustics. 23. 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 Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. 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. x x x A A. Site Plan Review No. 64 (Public Hearing) Item No.2 Request to allow the construction of a one story structure on SPR 64 property located in the C -1 District of the Corona del Mar Specific Area Plan where a Specific Plan has not yet been adopted. The UP 3419 application also includes modifications to the Zoning Code so as to allow the new construction and an existing 7 foot high wrought iron R 958 fence to encroach 10 feet into the required 10 foot rear yard Approved setback adjacent to an alley, and the new construction to encroach 5 feet into the required 5 foot rear yard setback adjacent to a residential lot. • AND -10- COMMISSIONERS MINUTES June b, 1991 CITY OF NEWPORT BEACH ROLL CALL INDEX B. Use Permit No. 3419 (Public Hearing) Request to permit the establishment of a facility specializing in the sale of automobiles with on -site repairs and the use of a portion of the on -site parking to be utilized for outdoor display of used vehicles for sale. The proposed development includes the construction of a 17 foot± high building on the westerly portion of the subject property adjacent to the alley which will house a facility for automobile detailing and minor maintenance and repairs. AND C. Resubdivision No. 958 (Public Hearing) Request to combine two lots into a single building site for commercial purposes. iLOCATION: Lots 2 and 3, Tract No. 1045, located at 3216 - 3222 East Coast Highway, on the northeasterly side of East Coast Highway between Larkspur Avenue and Marguerite Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Tony Carlini, Newport Beach OWNER: Same as applicant Don Webb, City Engineer, indicated that the Public Works Department recommended that a minimum 5 foot rear yard setback be provided adjacent to the alley. He explained that the applicant and the Planning Department indicated that since the ower poles and wrought iron fence exist adjacent to the alley that setback should not be required wherein he stated that the power oles and the fence are not as permanent as the building. Mr. Webb stated that the property owner across the alley constructed i residential building with a 12 foot rear yard setback whereby a 5 • oot setback is required, and said property owner could reconstruct building within 5 feet of the alley. He suggested that the -11- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX following finding and condition replace Site Plan Review No. 64, Finding No. 16 and Condition No. 7 as recommended by the Planning Department: Finding No. 16: That the approval of the modification to allow a 5 foot building and fence encroachment into the rear yard setback adjacent to the "R" classified property and a 5 foot building and fence encroachment adjacent to the northerly alley, 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 that the proposed modification is consistent with the legislative intent of Title 20 of this Code. Condition No. 7: That the proposed maintenance building shall be permitted a zero setback on the property line adjacent to the "R" • classified property. Said building and the wrought iron fence shall be permitted a 5 foot setback from the property line adjacent to the northerly alley. Commissioner Pomeroy and Mr. Webb discussed a photograph that was taken of the existing commercial building located on the alley. William Laycock, Current Planning Manager, explained that the subject building may have been constructed when the Zoning Code required setbacks 7 feet from the center line of an alley. Mr. Webb stated that it is difficult to maneuver an automobile in a 14 foot wide alley, and he addressed the "L" shaped alley. The public hearing was opened in connection with this item, and Mr. Anthony Carlini, applicant, appeared before the Planning Commission. In response to questions posed by Chairman Debay, he concurred with the findings and conditions in Exhibit "A" and the aforementioned modified finding and condition. In response to a question posed by Commissioner Pers6n, Mr. Carlini replied that two sales people will be employed by the automobile dealership, and major automobile servicing will be located at another facility. -12- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Di Sano regarding the foregoing modified finding and condition, Mr. Carlini replied that the amended condition would prohibit him from constructing an automobile detailing area. He said that he measured setbacks in the alley and the result was that 2 -1/2 foot setbacks exist on the lower level, and 1 foot setbacks at the second story level of adjoining buildings. Mr. Carlini explained that he could not understand how the community would be affected if he would be allowed to build where the fence currently exists, and the telephone poles remained on the alley. In further response to Commissioner Di Sano, Mr. Carlini explained that delivery trucks drive through the alley to the Quiet Woman Restaurant, and said trucks do not have difficulty maneuvering in the alley. He stated that the modified setback would prohibit him from full utilization of the property. In response to a question posed by Commissioner Edwards, Mr. Carlini explained that minor maintenance proposed by the establishment consists of installation of chrome wheels, seat covers, brake pads, steering wheel, lights, etc. He said that there would not be any engine work on the premises. Mr. Carlini stated that the neighbors have been complimentary of the remodeling, and the property would become a prestigious automobile franchise. In response to a question posed by Commissioner Merrill, Mr. Carlini stated that no automobile alarms or stereos would be installed in the automobiles and they would not test the equipment on the premises. Mr. Carlini explained that the vehicles arrive from the factory with alarms and stereos. Mr. Doug Ashton, 418 -1/2 Larkspur Avenue, appeared before the Tanning Commission. Mr. Ashton complimented the applicant on the property improvements, and he did not object to a new structure. He expressed concerns regarding noise emitting from radios or an outdoor speaker system, mechanical tools, or engines. He requested that customers not park automobiles in the alley. Chairman Debay addressed Condition No. 12 in Exhibit "A ", Site Plan Review No. 64, regarding no outdoor loudspeaker or paging system. -13- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Edwards regarding alley parking, Mr. Ashton replied that there is a concern with respect to delivery trucks blocking the alley and stopping at the Quiet Woman Restaurant, and occasionally a restaurant customer will park in the alley late at night. In reference to vehicular access and circulation in the alley, Mr. Hewicker stated that staff observed on this date that when the neighbors park in the 2 or 3 foot rear yard setback adjacent to the alley, the automobiles overhang in the right -of -way. He further stated that the residents on the opposite side of the alley have setbacks to accommodate the egress /ingress and their automobiles are parked parallel in said setback. Commissioner Pomeroy stated that in addition to the foregoing Site Plan Review No. 64, Condition No. 12 in Exhibit "A" regarding noise, Condition No. 13 addresses vehicle maintenance and detailing, Condition No. 14 restricts car washing to the interior of . the maintenance building, and Condition No. 15 limits the hours of operation between 10:00 a.m. and 7:00 p.m. daily. Commissioner Di Sano stated that the use permit could be recalled by the Planning Commission for review if noise from the facility would be detrimental to the neighborhood. There being no others desiring to appear and be heard, the public hearing was closed at this time. . In response to questions posed by Commissioner Edwards, Mr. Laycock replied that Base FAR uses include automobile repair facilities. Mr. L.aycock further replied that Condition No. 15 in Exhibit "A ", Site Plan Review No. 64, states that the operation would be allowed to operate between 10:00 a.m. and 7:00 p.m., seven days a week. Commissioner Edwards expressed a concern regarding the proposed operating hours on Saturdays and Sundays. Commissioner Pomeroy suggested modified hours for maintenance and detailing from 10:00 a.m. to 5:00 p.m. Monday through Saturday. He indicated that the requested hours for sales would not interfere with the neighbors. Mr. Carlini reappeared before the Planning Commission and he explained that automobile detailing would be conducted Monday through Friday. Commissioner -14- COMMISSIONERS MINUTES June 6, 1991 CITY OF NEWPORT BEACH ROLL CALL INDEX Pomeroy suggested that Condition No. 15 in Exhibit "A ", Site Plan Review No. 64, be modified to state "'That the hours of operation for automobile sales shall be limited between 10:00 a.m. and 7:00 p.m. daily. Automobile detailing and maintenance shall be limited between 10:00 a.m. and 7:00 p.m. Monday through Friday, and 10:00 a.m. and 5:00 p.m. Saturday." Commissioner Di Sano suggested a "No Parking" sign in the alley behind the subject property. Mr. Carlini stated that he had previously considered said sign. Motion * Motion was made and voted on to approve Site Plan Review No. 64, Use Permit No. 3419, and Resubdivision No. 958, subject to the findings and conditions in Exhibit "A ", including Site Plan Review No. 64, modified Condition No. 15 regarding the hours of operation All Ayes and added Condition No. 17, regarding "No Parking" signs. MOTION CARRIED. A. Site Plan Review No. 64 Findings: 1 That development of the subject property 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 development. -15- COMMISSIONERS June 6, 1991 MINUTES P CITY OF NEWPORT BEACH ROLL CALL INDEX 4. That unique site characteristics are protected in order to ensure that the community may benefit from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to protect the environmental resources of the City. 5. That the site does not contain any unique landforms such as coastal bluffs. 6. That the development 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 there are no unique site characteristics or environmentally sensitive areas on -site which should be • protected. 8. The property does not contain any areas of unique geologic hazards. 9. The development is consistent with the General Plan of the City of Newport Beach. 10. That there are no archeological or historical resources on- site. 11. That the proposed development has been designed so as to prevent any adverse effect on the adjoining residential property. 12. 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. 13. That public improvements may be required of the applicant per Section 19.08.1020 of the Municipal Code and Section • 66415 of the Subdivision Map Act. -16- COMMISSIONERS June 6, 1991 MINUTES ,a � d� O d Ab N CITY OF NEWPORT BEACH WCALL INDEX 14. The project will substantially comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 15. Adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development. 16. That the approval of the modification to allow the requested building and existing fence encroachments into the rear yard setbacks adjacent to the "R" classified property and adjacent to the northerly alley, 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 that the proposed modification is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans, elevations and parking plan, except as noted below. 2. That there shall be a minimum of 8 parking spaces provided on the subject property. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to furtber review by the City Traffic Engineer. 4. That the existing driveway apron on East Coast Highway shall be narrowed by 10t feet in width so as to align with the opening in the front of the building. 5. That the delivery and /or the pick -up of vehicles for sale shall be restricted to the site, or where no alternative exists, -17- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX in the alley. No such deliveries shall take place on East Coast Highway, Larkspur Avenue or Marguerite Avenue. 6. That all employees at the facility shall park on -site. 7. That the proposed maintenance building shall be permitted a zero setback on the property line adjacent to the "R" classified property and shall be located directly inside and adjacent to the existing wrought iron fence located on the property line adjacent to the northerly alley. 8. That all conditions of approval of Use Permit No. 3419 and Resubdivision No. 958 shall be fulfilled. 9. That all signs shall be in conformance with the provisions of Chapter 20.06 of the Newport Beach Municipal Code unless an exception permit is approved by the City. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress to the site. 10. That existing and proposed exterior lighting for the proposed project shall be designed and installed in a manner so as to conceal the light source and minimize light and glare to the adjoining residential properties and East Coast Highway. 11. That all mechanical equipment and trash areas shall be screened from East Coast Highway, the alley and adjoining properties. 12. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed facility. 13. That all vehicle maintenance and detailing shall be confined to the interior of the maintenance building. 14. That car washing shall be restricted to the interior of the maintenance building only and must be provided in such a • way as to insure direct drainage of wash water into the sewer system and not into the storm drains. -18- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX 15. That the hours of operation for automobile sales shall be limited between 10:00 a.m. and 7:00 p.m. daily. Automobile detailing and maintenance shall be limited between 10:00 a.m. and 7:00 p.m. Monday through Friday, and 10:00 a.m. and 5:00 p.m. Saturday. 16. That this Site Plan Review shall expire unless exercised within 24 months from the date of approval as specified in Section 20.60.060 H of the Newport Beach Municipal Code. 17. That the applicant shall install "no parking" signage adjacent to the alley. B. Use Permit No. 3419 Findings: 1. That the proposed use is consistent with the General Plan • and is compatible with surrounding land uses. 2. That the establishment, maintenance of 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. Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans, elevations and parking plan, except as noted below. That all conditions of approval of Site Plan Review No. 64 and Resubdivision No. 958 shall be fulfilled. 3. 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 • -19- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 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. C. Resubdivision No. 958 Findings: 1. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.120 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map shall be recorded prior to occupancy of the new maintenance building. The Parcel Map shall be prepared so that the bearings relate to the State Plane Coordinate System. 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 construction project. • -20- COMMISSIONERS June 6, 1991 'Pow •�� •c CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That all improvements shall be constructed as required by Ordinance and the Public Works Department. 3. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That the two 3± inch diameter drains through the planter wall outletting onto the East Coast Highway sidewalk shall be removed and put into parkway drains, per City Std. 184- 1, that outlets through the curb into East Coast Highway. 5. That an 8 inch thick slab of concrete shall be placed in the alley setback area adjacent to the northeasterly side of the existing structure. 6. That the spall section of concrete sidewalk on East Coast Highway shall be reconstructed. All work within the East Coast Highway frontage shall be completed under an encroachment permit issued by the California Department of Transportation and all work within the alley shall be completed under an encroachment permit issued by the Public Works Department. 7. That overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 8. That all conditions of approval of Site Plan Review No. 64 and Use Permit No. 3419 shall be fulfilled. 9. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. • -21- COMMISSIONERS MINUTES June 6, 1991 CITY OF NEWPORT BEACH ROLL CALL INDEX A. Use Permit No. 3420 (Public Hearing) Item No.3 UP 3420 Request to permit the conversion of an existing legal, nonconforming duplex which exceeds the height allowed in the 24/28 Height Limitation Zone and which exceeds 1.5 times the R 957 buildable area of the site, into a two unit residential condominium project on property located in the R -2 District. Cont 'd a to 6 -20 -91 AND B. Resubdivision No. 957 (Public Hearing) Request to resubdivide an existing lot and portion of a second lot into a single parcel for residential condominium purposes on property located in the R -2 District. LOCATION: Lot 10 and the southerly 15 feet of Lot 12, • Block 131, Corona del Mar, located at 208- 210 Carnation Avenue, on the southeasterly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, in Corona del Mar. ZONE: R -2 APPLICANT: Lloyd Rasner, Corona del Mar OWNER: Same as applicant awes Hewicker, Planning Director, stated that a Uniform Building Code requirement has existed since 1988 stating that any residential building containing more than 5,000 square feet has to provide fire sprinklers, and he addressed the feasibility of the Planning Commission waiving required conditions to comply with the Zoning Code. Robin Flory, Assistant City Attorney, referred to the staff report, discretionary Condition No. 4, stating that "All wiring shall comply with NEC 1988 and City of Newport Beach ordinance equirements for the spa in courtyard area. This area must also • -22- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX meet the minimum 5 foot fencing requirement with self closing gates. ", and she explained that if the applicant could show that the wiring on the spa were completed pursuant to permit, then the discretionary condition could be waived; however, if it were not completed the condition would require that the wiring be done to Code. She further explained that the minimum 5 foot high fencing is mandatory and cannot be waived. It was determined that the foregoing condition is not discretionary. Ms. Flory explained that the discretionary conditions as listed in the staff report are provisions in the Uniform Building Code that the Planning Commission may waive with a 4/5 vote. The public hearing was opened in connection with this item, and . Mr. Lloyd Rasner, applicant, appeared before the Planning Commission. Mr. Rasner stated that inasmuch as recent projects in the area have been condominiums, the proposed condominium conversion would be following a trend. He stated that adequate parking would be provided. Mr. Rasner indicated that it would be a financial hardship to comply with all of the conditions; however, he concurred with the foregoing discretionary Condition No. 7 in Exhibit "A" for Use Permit No. 3420, regarding the wiring for the spa. Mr. Rasner objected to equipping the legal, non - conforming building with the fire sprinkler system, and he addressed Condition No. 6, Use Permit No. 3420 in Exhibit "A ", regarding seismic requirements. Mr. Jerry Tucker, 466 Flower Street, structural engineer, appeared before the Planning Commission. Mr. Tucker referred to Condition No. 3, Use Permit No. 3420 in Exhibit "A ", requesting the floor ceiling assembly shall be one hour fire resistive construction, and he explained that the existing structure was built with a one hour floor ceiling assembly between the first and second floors; however, he stated that to construct a one hour floor ceiling assembly between the second and third floors would result in negating the radiant ceiling heating system inasmuch as 3,000 square feet of drywall would have to be replaced. In reference to Condition No. 6 regarding seismic requirements, Mr. Tucker explained the reconstruction that would be required would be a -23- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX financial burden, and he indicated that less construction could be considered to make the building safe. In reference to Condition No. 8, Use Permit No. 3420 in Exhibit "A ", energy requirements, Mr. 'Bicker explained that windows and insulation would have to be replaced and installed. In reference to Condition No. 9, Use Permit No. 3420 in Exhibit "A ", fire sprinkler system, Mr. Tucker explained that the request would be a financial hardship to the applicant. Mr. Tucker concluded that waiving the foregoing conditions would not adversely affect the overall safety or structural integrity of the building. Mr. Tucker and Mr. Hewicker discussed the feasibility of the applicant contacting the Director of the Building Department regarding the foregoing conditions, and pursuant to their meeting, the Building Department would make recommendations to the Planning Commission. • Commissioner Pomeroy referred to the Planning Commission's previous consideration of an application for a residential condominium conversion in the Eastbluff area. He suggested that the Planning Commission review the Condominium Conversion Ordinance's structural requirements. Mr. Hewicker stated that the City Council would be reviewing the Condominium Conversion Ordinance at the City Council meeting of July 8, 1991. motion * Motion was made and voted on to continue Use Permit No. 3420 and Resubdivision No. 957 to the Planning Commission meeting of June 20, 1991. The continuance would allow the applicant and structural engineer to meet with the Director of the Building Department concerning the application, and as a result of said Ayes * * * * * meeting, the Building Department would make recommendations Abstain to the Planning Commission. MOTION CARRIED. • _24_ COMMISSIONERS June 6, 1991 MINUTES • o� Pow CITY OF NEWPORT BEACH ROLL CALL INDEX Variance No. 1175 (Public Heari ne) Item No.4 Request to permit additions and alterations to convert an existing V1175 duplex into a single family dwelling which will exceed the allowable 1.5 times the buildable area of the site on property located in the Approved R -1.5 District. The proposal also includes a modification to the Zoning Code so as to accept the existing garage which is substandard in width to satisfy the parking requirement. LOCATION: Lot 20, Block 14, Section 3, Balboa Island, located at 327 -327'2 Sapphire Avenue, on the westerly side of Sapphire Avenue between Balboa Avenue and North Bay Front, on Balboa Island. ZONE: R -1.5 . APPLICANTS: Gregory P. and Loretta A. Zimmerman, West Covina OWNER: Preston Zillgitt, Santa Ana Heights James Hewicker, Planning Director, stated that a letter had been received from Beth Cooper, 322 Sapphire Avenue, in opposition to the variance. Don Webb, City Engineer, stated that the existing garage has an average width of 16 feet which was acceptable when the building was constructed; however, he said that it is only convenient to park one automobile in the garage. Mr. Webb distributed a drawing of the garage with two automobiles clipped to the drawing showing how the automobiles would fit in the garage. He explained the difficulty to maneuver an automobile into the garage. Mr. Webb stated that the building was constructed to provide for an additional parking space in the open area that is proposed for enclosure inasmuch as the existing fence has a bi -fold gate that opens to an 11 foot opening. He recommended alternate Condition No. 10 in Exhibit "A' as stated in the staff report: 'That the • -25- COMMISSIONERS June 6, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX proposed facility shall incorporate two on -site parking spaces which meet the minimum size requirements of the Zoning Code, and said spaces shall remain clear and accessible for the storage of automobiles at all times." In response to a question posed by Chairman Debay, Mr. Webb explained that to park two automobiles in the garage, the front wall would have to be moved forward and it would be difficult because of the existing configuration inasmuch as the garage door is 11 feet 10 inches wide, and the normal garage door width for a two car garage would be at least 15 feet. In response to a question posed by Commissioner Glover, Mr. Webb replied that the area enclosed by the bi -fold gate would meet the Zoning Code requirements for an additional parking space; however, he explained that the fence would have to be modified to provide sight distance adjacent to the alley. Commissioner Glover and Mr. Webb discussed the location of the circular stairway if a parking space would be constructed in • the area the stairway is proposed. The public hearing was opened in connection with this item, and Mr. Tom Merrell, Planning Consultant, representing the applicants, appeared before the Planning Commission. Mr. Merrell addressed the parking concerns, and he concurred that the existing garage makes it difficult to maneuver and park two automobiles. He explained that the applicants intend to remove all of the interior obstructions to enable them to park two automobiles in the garage. Mr. Merrell pointed out that the conversion from a duplex to a single family home reduces the number of required parking spaces. He indicated that it would create a hardship on the applicants to convert the patio area into a parking space. He stated that the applicants met with the adjacent neighbors regarding their parking concerns. Mr. Merrell explained that the applicants have requested to enclose the patio so as to unify two units into one unit, and it would be difficult to make a home livable and functional sitting on an irregular shaped lot if a part of the area would be used for an open space area. Mr. Merrell stated that the proposed enclosed area is within the existing building, and it would not affect the mass or bulk of the structure, and would not intensify the use because one family would be residing on the premises. Mr. Merrell stated • -26- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX that the findings could be made to approve the variance because there are duplexes and single family dwellings in the neighborhood that are of similar size, and the irregular shaped lot is a hardship and needs to be addressed. Mr. Merrell concurred with the findings and conditions in Exhibit "A ", including Condition No. 9, which would prohibit a second family dwelling on the property. Commissioner Edwards addressed alternate Condition No. 2 in Exhibit "A", "That the proposed gross structural area shall not exceed 2,492 square feet, a maximum gross floor area of 2,090 square feet of living space and a maximum of 402 square feet of garage area." Mr. Merrell replied that the applicants could modify some of the upstairs area; however, the reduction of square footage would not be sufficient to create a single family dwelling. He explained that the applicants could not live with the condition as written; however, they could mitigate the degree of nonconformity. In response to a question posed by Commissioner Pomeroy regarding a carport, Mr. Laycock explained that one parking space would be included in the buildable area regardless if the area would be open or enclosed. Mr. and Mrs. Greg Zimmerman, applicants, 14852 Elm Avenue, Irvine, appeared before the Planning Commission, Mrs. Zimmerman addressed their desire to reside on Balboa Island, and the neighbors' positive response to the proposed remodelling to a single family dwelling. She stated that two automobiles will be parked in the irregularly shaped two car garage. Mrs. Zimmerman stated that there is no intention to provide a second dwelling on the premises. She indicated that enclosing the interior patio is essential to combine the existing duplex into one single dwelling. In reference to the second story balcony, Mrs. Zimmerman explained that the balcony is not necessary for a single family dwelling, the existing railing does not meet the required height limit, and an enclosed balcony would be aesthetically pleasing. She concurred with the findings and conditions in Exhibit "A ", based on the additional square footage. • -27- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pomeroy stated that there is a problem with the Floor Area Ratio within the City, and the City's regulation is inappropriate. He suggested a Floor Area Ratio that would vary between 1.25 FAR to 1.75 FAR, 1.75 FAR on the smallest, most difficult lot, and 1.25 FAR on the larger lot.. He further suggested that 200 square feet be counted for enclosed or garage parking, and a property owner should not be penalized to enclose numerous automobiles. Commissioner Pomeroy stated that the subject variance is a reasonable solution, it is a reduction in intensity of use, and there would be less parking than required for a duplex. Motion Motion was made to approve Variance No. 1175, subject to the findings and conditions in Exhibit 'W'. Commissioner Di Sano stated that the required findings can be made to support the variance: the irregular shaped lot; there would be less intensification of use; the covenant would prohibit a second dwelling on the site; and it would appear the neighbors support the variance. Commissioner Pers6n supported the motion. He explained that if an addition had been requested to a single family dwelling, he would not have supported the motion; however, because the request is to convert a duplex to a single family dwelling, he would support the motion. Commissioner Merrill did not support the motion based on added square footage, an additional bedroom, building into the existing patio area, enclosing the balcony, and he said taking parking out of the patio area adds to the bulk on the lot. Commissioner Glover supported the motion on the basis that the neighbors will contact the applicants if the garage is not being properly utilized. -28- COMMISSIONERS June 6, 1991 MINUTES. O� �p�pcn CITY OF NEWPORT BEACH ROLL CALL I I J I INDEX Chairman Debay supported the motion on the basis of the irregular shaped lot and the buildable area, and the conversion of a duplex to a single family dwelling. Ayes * * * * Motion was voted on to approve Variance No. 1175, subject to the No * findings and conditions in Exhibit 'W'. MOTION CARRIED. FINDINGS: 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 the subject property is irregular in shape and smaller than the typical lot on Balboa Island. 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 in the surrounding neighborhood. Furthermore, the irregularly shaped lot has less buildable area than other small lots on Balboa Island, since the site has a larger front yard setback than other lots. 3. That the granting of such application 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. 4. That the proposed building maintains the required front yard, side yard and alley setback and will not under the circumstances of this case, be detrimental to the health, safety, peace, comfort, and general welfare of persons • -29- COMMISSIONERS June 6, 1991 MINUTES d d CITY OF NEWPORT BEACH ROLL CALL INDEX 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. 5. 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. 6. That the conversion of the existing duplex to a single family dwelling will reduce the parking demand and decrease the traffic congestion associated with the existing duplex. structure. 7. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. CONDMONS: 1. That the development shall be in substantial conformance with the approved plans, except as noted below. 2. That the proposed gross structural area shall not exceed 2,838 square feet (a maximum gross floor area of 2,436 sq.ft. of living area and a maximum of 402 sq.ft. of garage area). 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 of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. • -30- COMMISSIONERS June 6, 1991 MINUTES O� � �d O • ��A . CITY OF NEWPORT BEACH ROLL CALL INDEX 5. That a 5 foot by 5 foot corner cut -off at the intersection of the two alleys be dedicated to the public. 6. That the displaced concrete at the intersection of the two alleys be reconstructed with 8 inches of concrete in the five foot comer cutoff area under an encroachment permit issued by the Public Works Department. 7. That all vehicular access to the property be from the adjacent alleys, unless otherwise approved by the City Council. 8. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 9. That the development of the subject property shall be limited to a single family dwelling and that a covenant be recorded against the property ensuring no second family dwelling shall be permitted unless the existing structure is removed. 10. That the existing garage shall remain clear and accessible for the storage of two automobiles at all times. Cabinets and other obstructions along the sides of the garage shall be removed to provide said accessibility. 11. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 12. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Y ■ i -31- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Variance No. 1176 (Public Hearing) Item No.s Request to permit additions and alterations to an existing single V1176 family on property located in the R -1 District Portions of the proposed construction, consisting of parapet walls and finials, and coast / a to a turret, will exceed the permitted height limit in the 24/28 Foot 6/zo/91 Height Limitation Zone. LOCATION: Lot 1, Tract No. 3867, located at 842 Harbor Island Drive, on the northerly side of Harbor Island Drive, at the easterly terminus of Harbor Island Drive, adjacent to the Channel entrance to Promontory Bay. ZONE;: R -1 • APPLICANT: Dale Cexton Architect and Associates, Orange OWNER: Dan Tsujioka, Newport Beach Commissioner Glover addressed the letter that was received by the Planning Commission from Villageway Management on behalf of the Promontory Bay Community Association regarding the Association's objection to the subject application. Robin Flory, Assistant City Attorney, explained that the Association's review of the subject project does not affect the Planning Commission's review of the project inasmuch as staff considers City requirements only. She further explained that if the Planning Commission approved the variance, it would be at the discretion of the Association to take whatever action necessary to enforce the CC&R's and to prevent the applicant from building even if the variance had been approved by the City. The public hearing was opened in connection with this item, and Mr. Dale Cexton, architect, appeared before the Planning Commission. Mr. Cexton addressed concerns regarding the roposed parapet walls exceeding the permitted height limit. James Hewicker, Planning Director, explained that parapet walls -32- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX cannot exceed the permitted height limit. Commissioner Pomeroy stated that a parapet wall is required to comply with the same criteria as a roof or a ridge. William Laycock, Current Planning Manager, referred to the plans that were submitted to the Planning Commission prior to the public hearing indicating, in color, the parapet walls and the turret that exceed the average 24 foot height limit. The Planning Commission and Mr. Hewicker addressed the conflict that occurred between staff and the applicant based on the height limit of the parapet walls. Discussion ensued regarding Promontory Bay Community Association's opposition to the variance. Motion * Motion was made and voted on to continue Variance No. 1176 to Ayes * * * * the June 20, 1991, Planning Commission meeting so as to allow No additional time for the applicant and the Association to address • their concerns regarding the variance. MOTION CARRIED. Y Y Y The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 P.M. Amendment No. 740 (Public Hearing) item No.6 Request to amend the Newport Place Planned Community A740 Development Regulations so as to reduce the current allocation to retail square footage and increase the allocation to office square (Res.1256) footage in Professional and Business Offices Site No. 5. Approved LOCATION: Parcel 1 of Parcel Map No. 88 -174 (Resubdivision No. 866), located at 4100 Newport Place Drive, on the northeasterly corner of Dove Street and Newport Place Drive, in the Newport Place Planned Community. -33- COMMISSIONERS June 6, 1991 MINUTES � o N CITY OF NEWPORT BEACH ROLL CALL 11 Jill I INDEX ZONE: P -C APPLICANT: Newport Place Development Corp., Irvine OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Bob Alleborn appeared before the Planning Commission on behalf of the applicant. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to recommend approval of Amendment No. 740, Resolution No. 1256, to the City Council. Commissioner Pomeroy supported the motion based on the success of the proposed use. Chairman Debay supported the motion based on the request to reduce the retail square footage and increase the office square footage. Commissioner Di Sano supported the motion based on the reality of the proposed uses. Motion Motion was voted on to recommend Amendment No. 740, All Ayes Resolution No. 1256, to City Council. MOTION CARRIED. s s : -34- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX A. Amendment No. 739 (Public Hearing) Item No.7 Request to consider amending Districting Maps No. 6 and 23 so as A739 to reclassify property located in the R -4 District to the P -C District; removing the Specific Plan designation from the site; and adopting (Res.1257) Planned Community District Regulations on property commonly Tamed known as the Balboa Bay Club; and the acceptance of an environmental document. AND B. Traffic Study No. 75 (Public Hearing) Request to approve a traffic study in conjunction with the redevelopment of the Balboa Bay Club property. LOCATION: A portion of Lot 171, Block 54 of Irvine's Subdivision, located at 1221 West Coast Highway, on the southerly side of West Coast Highway, adjacent to the Bayshores residential area. ZONE: R -4 APPLICANT: International Bay Clubs, Inc., Newport Beach OWNER: The City of Newport Beach Robin Flory, Assistant City Attorney, stated that the lease regarding the Balboa Bay Club property will not be addressed by the Planning Commission during the subject public hearing, and concerns with respect to the lease should be referred to the City Council for their consideration. Patricia Temple, Advance Planning Manager, addressed the proposed redevelopment of the property including the. height limit proposed for the development, the noise associated with the service access drive and loading dock, and light spillage resulting from . -35- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX automobiles moving on the parking structure. She stated that the Environmental Impact Report includes detailed visual impact analyses depicting that significant improvement on West Coast Highway will occur because of the view corridor access the property where no views currently exist. She indicated that views from the parks on Cliff Drive and Kings Road will not be affected. Ms. Temple stated that there will be varying impacts to marina and bay views from residences on Kings Road, with some views being diminished and changed, and some improved, as the result of the changed locations and heights of the buildings. The noise impact and light spillage are addressed in the staff report, and Condition Nos. 84 and 85 in Exhibit "A" address said concerns. The development of the club portion of the property will increase the project from 155,303 square feet to 275,512 square feet, an increase of 77 percent. When the Terrace Apartment facility is included in the calculation, the increase in floor area is 30 percent. The development plan includes a public access program which is set • forth in detail in the EIR. Ms. Temple advised that 26,600 square feet of the new facility will be reserved for the exclusive use of Balboa Bay Club members, and said square footage represents less than 10 percent of the Club redevelopment. She said that the balance of 248,912 square feet will be accessible to the general public on a reservation or space available basis. Areas of the facility that will be set aside for members use are the athletic facility, and club areas. She said the beach will be available to club members and hotel patrons. Casual use by members of the general public is available throughout the hotel public areas, portions of the restaurants and entertainment lounge, and the general grounds of the club portion of the property, including walkways on the bayside of the property. Ms. Temple distributed copies of a revised Resolution that includes references to the Districting Maps, and it includes findings relative to height. She also requested that Condition No. 36 be deleted inasmuch as the condition is a duplicate of Condition No. 1. Ms. Temple stated that Ms. Jeanne Fobes, 328 Aliso Avenue, Newport Beach, telephoned her opposition to the application on the basis • -36- COMMISSIONERS June 6, 1991 MINUTES \�\N\\ a CITY OF NEWPORT BEACH ROLL CALL INDEX "that the property should be used by all the people and not just a few:' The public bearing was opened in connection with this item, and Mr. Dennis O'Neil, 18881 Von Karman, Irvine, appeared before the Planning Commission on behalf of the applicant. Mr. O'Neil stated that the development proposed is within the use provisions of the General Plan and the Local Coastal Program. He addressed several issues of concern that had been previously expressed: private view impairment is an issue over which the City does not have jurisdiction; building height of the structures proposed will be no higher than the existing structures on the club portions of the facilities i.e. 35 feet above grade; the project coverage will be increased by less than 29 percent; the traffic generated from the project as proposed will not have a significant impact on the traffic circulation and the project meets all of the Traffic Phasing Ordinance criteria; traffic signal required will be installed in the . future regardless of whether the project goes forward; and the public access and public views is enhanced and increased. Mr. O'Neil stated that the applicant concurs with the findings and conditions for approval in Exhibit "K. Mr. Bill Ray, Balboa Bay Club, appeared before the Planning Commission. Mr. Ray reviewed the changes, demands, and needs of the membership and the general public that have occurred during the past years. Mr. Ray presented a brief history of the Balboa Bay Club since 1948 and the development of the property. He indicated that at present the property is dated, inefficient to operate, and it is a gross under - utilization of a valuable community asset. He said that in 1987, the Club commissioned a survey of the membership that resulted in 2,000 hours of work by the members identifying their changing needs of the Club, and those needs have been incorporated in the proposed plan by qualified architects. Mr. Ray stated that the proposed plan was examined by the general membership, Community Associations, Civic Groups, and an attempt was made to be sensitive to the immediate neighbors in Bayshores and the public that would be affected by the proposed plan. Mr. Ray said that an attempt was made to achieve a visual • -37- COMMISSIONERS June 6, 1991 MINUTES • 'Pow •�� •` CITY OF NEWPORT BEACH ROLL CALL I I Jill I INDEX enhancement of the property from West Coast Highway, Bayshores, and sites above West Coast Highway that could view the property. He explained that an attempt was made to maximize the on -site orientation consisting of a variety of different combinations of building forms and locations. The proposal is the result of a very extensive analysis of how optimum use of the property can be achieved within the limitations of the General Plan. Mr. Ray described from an aerial exhibit on display, the building footprints of the proposed buildings. He explained that presently the entire bay frontage of the property is occupied by buildings which extend to the property line at Bayshores. The proposed plan from Bayshores includes a corridor which varies from 75 feet at the first building setback down to 45 feet at the water; the buildings have been moved back 20 feet from the existing bulkhead which would enhance the water view; an access has been provided from the Bayshores side of the property that starts at the curve of West Coast Highway to a distance of 90 feet and ramps down to approximately 9 feet below the existing grade level; above the grade level a fence is proposed up to 10 feet to conceal service vehicles and noise; where the ramp and the fence commence at West Coast Highway a parking area will be provided that extends below ground and a level that extends 3 feet above ground and the lights from the parking area will not intrude on the Bayshores residents; an access from Bayshores through the subject property was discussed with the Bayshores residents; a view corridor of the water has been created of approximately 100 feet between the proposed buildings; the exclusive club areas of the property include an athletic club, the clubhouse and a portion of the restaurant; the general public may enter the property subject to a reservation requirement; the general public may use a parking ramp to a separate lobby in the proposed guest facility area; a restaurant and bar will be located off of the proposed lobby for the general public; a public walkway will be provided that extends down to the beach along the entire frontage of the club property; the entire frontage of the property will be landscaped and will provide a substantial visual enhancement from West Coast Highway; and he concluded • -38- COMMISSIONERS June 6, 1991 MINUTES \\I� � 0 CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX that the applicants have a desire to develop the proposed project before the 21st Century. In response to a question posed by Chairman Debay regarding public access by reservation, Mr. Ray explained that public access depends upon if space is available in the restaurants or hotels inasmuch as the people staying on the property would have first priority. Mr. Ray further explained that the City requires that the traffic signal be installed prior to construction so as to mitigate construction vehicles. In response to a question posed by Commissioner Glover regarding public access to the restaurants, Mr. Ray explained that the Club will reserve the right to require a reservation. He further explained that the public may pass through the guard gate providing there is parking space available on the property. Commissioner Glover concluded that the meaning of 'casual use' would be if a member • of the general public parked their automobile and walked on the public access. Mr. Ray concurred that the foregoing would be considered a 'casual visitor', and said visitor would be allowed to drive and park on the property if parking space is available. Mr. Ray further replied to Commissioner Glover that a landscaped plan is in existence so as to buffer West Coast Highway, and the intent is to conceal or soften the proposed buildings. Mr. Ray and Commissioner Pers6n discussed the location of existing buildings and the proposed buildings from the aerial drawing. Mr. Ray stated that the proposed building locations occupy significantly less areas of ground coverage, and he addressed the view corridors from West Coast Highway and Bayshores. Mr. Ray and Commissioner Pers6n discussed the views that would be visible and impacted from the bluff area above West Coast Highway. In response to a question posed by Commissioner Edwards regarding the proposed parking structure adjacent to Bayshores, Mr. Ray explained that the access road adjacent to Bayshores is 26 feet wide, and the underground parking structure also consists of • -39- COMMISSIONERS MINUTES June 6, 1991 CITY OF NEWPORT BEACH ROLL CALL 11 fill INDEX a second level that extends 3 feet above the existing grade level. He said the fence on the Bayshore side of the property is an undetermined height; however, an 8 or 10 foot fence is being considered. Mr. Ray further explained that the fence and landscaping will provide noise mitigation. Mr. Tom Deemer, President of the Balboa Bay Club, appeared before the Planning Commission, and he explained that the 15 foot planter area consists of 7 -1/2 feet on the Bayshores side and 7 1/2 feet on the Club side with the fence running down the middle of the property, and extensive landscaping is proposed on both sides of the fence. Mr. Brent Reynolds, a member of the Cliff Haven Homeowner's Association, appeared before the Planning Commission. Mr. Reynolds addressed the redevelopment of the Balboa Bay Club; and the proposed 77 percent expansion program. He stated that the residents oppose the rezoning of the subject property; however, he said the residents support a renovation of the apartments. He • stated that they oppose the increased density, a higher noise level on West Coast Highway, and increase in traffic. Mr. Reynolds explained that the residents support public access to the restaurant. In response to a question posed by Commissioner Glover, Mr. Reynolds explained that he is a Director of the Cliff Haven Homeowner's Association and he represents the Kings Road area of said Association. He said the residents of Kings Road requested that he represent them at the public hearing. In response to a question posed by Commissioner Pers6n regarding the Terrace Apartments, Ms. Temple explained that the Terrace Apartments are a part of the application to the extent that the Planned Community Development Plan provides that the facility that exists is accounted for in the zoning. Additionally, the Balboa Bay Club has indicated that there is an intent to improve the facade so as to unify the theme of the property. She said that the Balboa Bay Club would not be required to come before the Planning Commission to renovate the facade. Mr. John Miller, Box 1475, Newport Beach, appeared before the Planning Commission, and he expressed his concern regarding the -40- COMMISSIONERS June 6, 1991 MINUTES � o CITY OF NEWPORT BEACH ROLL CALL INDEX lease. Ms. Flory explained that the issue of the extension of the lease is not a consideration of the Planning Commission. She further explained that the Planning Commission can consider the rezoning as a commitment of the property to a long term specific use, but the Planning Commission may not consider a lease. Chairman Debay suggested that concerns with respect to the lease be addressed directly to the City Council. Mr. Miller opposed rezoning inasmuch as it is currently zoned for the present usage, and further usage should be considered when the Balboa Bay Club lease is reviewed by the City Council. In response to a question posed by Commissioner Edwards, Ms. Flory explained that the agreements that are currently in effect makes the issue of the rezoning of the property and the adoption of the Development Plan a condition to be resolved before the City will consider the lease. She stated that the rezoning does not necessarily commit the City to an extension of the lease. Commissioner Edwards concluded that prior to any consideration of the City Council relative to the lease, • a determination must be made with regard to the zoning change; however, when the Planning Commission makes a decision with regard to the zoning change, the Commission is required to take into account whether or not long range planning i.e. long range term of utilization of property is taken into account. Ms. Flory explained it is a planning consideration as to the use of the property, and the redevelopment of the property as proposed to be rezoned is a commitment to the continued use as proposed. In response to a question posed by Commissioner Glover, Ms. Flory explained that approval of the subject proposal would not be a commitment to the extension of the lease. Commissioner Edwards stated that it is a condition preceding the consideration of the extension of the lease. Ms. Flory stated that the City Council will consideration the conditions of the lease. Jim Dale, 434 Tustin Avenue, appeared before the Planning Commission, and supported the subject proposal and proposed uses. He stated that the Balboa Bay Club is a good citizen and has been a good steward of the City property over the years. He said that what the applicant is attempting to do is plan for the future, -41- COMMISSIONERS June 6, 1991 MINUTES o �d d dcn CITY OF NEWPORT BEACH ROLL CALL INDEX and for the positive benefit of the City and the residents. Mr. Dale addressed the rental fees to the City and that the expansion would enhance said income. He stated that as non - members of the Bay Club, the organizations he is a member of benefit from the Bay Club frequently. Ms. Mary Peikert, 811 Kings Road, appeared before the Planning Commission. She explained that her property is situated across from the proposed hotel facility, and she said that her concern would be the noise emitting from the hotel to her property on Kings Road. Ms. Temple explained that an analysis of the noise that would be generated by the redevelopment of the Bay Club was included in the draft EIR, and the main source of long -term noise. impact is the increased traffic generation from West Coast Highway inasmuch as the elevation does not change. Ms. Temple explained that a determination was made there would not be a significant change to residents because of the distance from the center line of • West Coast Highway. Ms. Temple further explained that the short term noise from construction will be noticeable by the residents. Ms. Peikert emphasized that she was concerned with the noise that would be emitted from the proposed increased height of the hotel building to her property. Mr. Ray reappeared before the Planning Commission, and he explained that the height of the buildings will not increase; however, some of the buildings will have a change in height. Ms. Peikert and Mr. Ray discussed the height of specific buildings from the aerial drawing. Mr. Don Olson, a resident of Balboa Bay Club for 15 years and a member of the aforementioned Balboa Bay Club committee, appeared before the Planning Commission in support of the proposed project. He explained that the Bay Club is not currently providing the proper use of the property; that the City is not benefiting from the maximum revenue; and the proposed improvements of the property will benefit not just Bay Club members but also the general public. Mr. J. D. Walling, 1113 Kings Road, appeared before the Planning Commission to state his opposition to any height increase, the -42- COMMISSIONERS June 6, 1991 MINUTES O`d d'Q �d�s1 CITY OF NEWPORT BEACH ROLL CALL INDEX increase in traffic, and noise. He supported improvement of the property, but he said not at the expense of the residents on the bluff. Mrs. Ruth, Reynolds, 1301 Kings Road, appeared before the Planning Commission to express her opposition to a height increase. She referred to a letter signed by her husband, Charles G. Reynolds, Sr. dated June 6, 1991, to the Planning Commission. Mrs. Reynolds read a prepared statement addressing their concerns that the project would block views of the bay which would reduce the value of their property. In response to a question posed by Chairman Debay, Mrs. Reynolds replied that the residents would agree to meet with the applicants to review the plans of the proposed project. Commissioner Pers6n and Ms. Temple explained that buildings that are currently 35 feet high are proposed to be demolished and . new 35 foot buildings will be constructed at different locations; therefore, the view impact from the bluff above West Coast Highway will be different than what currently exist. In response to comments made by Commissioner Pomeroy regarding the impact of views, Ms. Temple explained that the view shed as addressed in the EIR and by staff is considered from West Coast Highway and Kings Road, and because of the proposed orientation of the buildings, some of the residents on the bluff will have their view shed diminished, some views will be shifted, and some views will be improved. In response to Commissioner Pers6Ws statements regarding protecting views from private property, Mr. Hewicker explained that the City attempts to preserve or enhance public views from roads, parks and public facilities, and to the extent that public views are enhanced or improved, some of the benefits affect private property. Mr. James Adams, 1610 Kings Road, appeared before the Planning Commission, and he addressed his concerns regarding the proposed increase in building height, the proposed view corridor, the public view that would be affected from Ensign Park, and the noise reverberation to the residents on Kings Road. -43- COMMISSIONERS MINUTES June 6, 1991 CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Lon Wells, Corona del Mar, appeared before the Planning Commission in support of the project on the basis that the redevelopment of the property is progress and is needed by the City and the community. He addressed the traffic signal that will be installed on West Coast Highway at the entrance to the Bay Club that will slow the traffic down. and reduce the noise on the bluffs. . Mr. Peter Marr, 2401 Bayshores Drive, appeared before the Planning Commission, is a member of Balboa Bay Club, and in support of the redevelopment of the property. He addressed his concerns regarding the hotel that is proposed to be constructed adjacent to the Bayshores community and the impact that the hotel will have on the area. Mr. Marr indicated that hotel rooms that include patios will be facing Bayshores, and be expressed his concern that noise would emit from said hotel rooms to the • residential area. Mr. Frank Eisendrath, Kings Place, appeared before the Planning Commission. He compared Newport Beach with Chicago and he addressed his concerns that the City has a lack of free public parks with access to the Harbor; that the residents on Kings Road would be heavily impacted by any future development of the Balboa Bay Club; and a view corridor is a bad solution for creating a good view. He addressed Exhibit 17 in the staff report stating: "that an increased height would result in a more desirable architectural treatment of the building and a more appealing visual character of the area ", and he commented that said statement would not be indicative of the Terrace Apartment building. Mr. Eisendrath suggested that the proposed landscaping be reviewed by the Kings Road residents. He addressed the proposed 2.0 Floor Area Ratio if the parking structure would be included in the square footage, and he rebuked a statement contained in the staff report regarding the economical and social benefits to the community by stating that approximately one -third of the members are residents of Newport Beach. -44- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL 11 Jill INDEX Mr. John R. Bertone, 2632 Circle Drive, Bayshores, appeared before the Planning Commission. He stated that the Balboa Bay Club committee contacted the residents of Bayshores; however, he pointed out that the height of the proposed wall has not been determined. Mr. Charles Winfield, 1021 Kings Road, appeared before the Planning Commission. He addressed concerns regarding the proposed 35 foot height limit. Mr. Rojas appeared before the Planning Commission and he expressed concern regarding the proposed height limit. In response to Mr. Rojas, Ms. Temple explained that the existing height of the Terrace Apartments of 55 feet will not be reduced when the apartments are renovated. Mr. Rojas addressed the foregoing statements regarding public access of the club facilities, and he questioned if public land should be phased out for private purposes • in exchange for public land being used for public purposes. He explained that he has no intent to say that what has been done at the Bay Club has not been done well, or run well, but if it would be left to the voters, a good debate would ensue. Mr. Jim DeBoom, 1743 Bayport Way, appeared before the Planning Commission in support of the proposed redevelopment. He indicated the number of public organizations on a pre - arranged basis that use the Bay Club for the service of food, fellowship, and programs. Mrs. Barbara DeBoom, 1743 Bayport Way, appeared before the Planning Commission in support of the proposed redevelopment. She stated that the Chamber of Commerce utilizes the Balboa Bay Club for many Chamber events. Mr. Bill Hamilton, 3620 Fifth Avenue, appeared before the Planning Commission in support of the proposed project. Mr. Hamilton referred to foregoing statements regarding the proposed restaurant, and he commented that many public restaurants within the City require reservations. He addressed the public events that • -45- COMMISSIONERS June 6, 1991 MINUTES c� CITY OF NEWPORT BEACH ROLL CALL INDEX are held at the Balboa Bay Club, and he commented that the community appreciates access to the facility. Mr. Dennis O'Neil reappeared before the Planning Commission. He concluded that foregoing testimony has been addressed in the documents that have been provided by staff. The applicants are attempting to bring the redevelopment into compliance with the General Plan, and have made every attempt to make the use of the property compatible with the neighbors. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Pers6n addressed the compliance of the proposed project with the General Plan. He stated that the applicant has attempted to improve the property and to enhance public views on * from public places. Motion was made to approve Amendment No. 739 (Resolution No. 1257), Traffic Study No. 75, and Environmental Impact Report No. 143 subject to the findings and conditions in Exhibit "A '. Commissioner Glover expressed her concern with the view impact that the project located on public property could have on the public driving on West Coast Highway, and she asked if the view corridor is an unfettered view. Ms. Temple explained that landscaping, and a portion of the guard gate will be within the view corridor. In response to a question posed by Commissioner Glover with regard to 'view corridor', Ms. Temple explained that four findings are included in the Height Chapter of the Zoning Ordinance that must be made, and one finding that is most commonly associated with the imposition of view corridor acquirement on property is "The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback areas. ", meaning that by siting the buildings and locations so as to create public visual open space or view corridor a secondary height limit can be achieved. Commissioner • -46- COMMISSIONERS June 6, 1991 MINUTES •Aa � �,F CITY OF NEWPORT BEACH ROLL CALL INDEX Glover concluded that the public needs to know what will be contained in the view corridor from West Coast Highway. Commissioner Merrill supported the motion; however, he said that the mitigation measures do not address the noise emitting from the hotel as expressed by the residents of Bayshores, and reflective noise from the Balboa Bay Club to the residents on the bluff. Discussion ensued regarding the mitigation of noise that would affect Bayshores and bluff residents. Ms. Temple stated that the only way to address the noise would be to require no balconies, and no openable windows or doors on the Bayshores side of the property. Commissioner Person amended the motion to add the mitigation of noise on the Bayshores side of the property by appropriate • measures, such as enclosing balconies and windows. Commissioner Pomeroy requested the maker of the motion to consider reflective noise as the noise impacts Kings Road. The maker of the motion concurred with the request. Commissioner Pomeroy stated that residents of Kings Road will have view impact that will be perceived as negative; however, he said that will be offset by the residents who will have their views improved. He stated that the view impacts, the view corridor, the public access to the property, and removal of the buildings from the bulkhead will improve public views from the bay and from West Coast Highway. He said that the property will be significantly improved and what is proposed is good, long -term planning. Commissioner Glover supported the motion. She requested more precise information concerning the mitigation of noise, and the height between Bayshores and Balboa Bay Club be considered so as to address the public's concerns. Commissioner Di Sano supported the motion on the basis that the roject complies with the General Plan•, the facilities will be -47- COMMISSIONERS June 6, 1991 MINUTES a 0� � CITY OF NEWPORT BEACH ROLL CALL INDEX improved; there will be more benefit to the public; better utilization of the property; less building footprint on the ground; open space is improved with the view corridors; the buildings are moved back from the bay; and over -all the redevelopment is a well thought out utilization of the property. Chairman Debay supported the motion and the foregoing statements by the Commissioners. In response to a question posed by Chairman Debay, Ms. Temple explained that staff will address the expressed concerns pertaining to reflective noise by contacting an acoustic consultant for recommendations, and said information will be forwarded to the City Council. Motion was voted on to approve Amendment No. 739 (Resolution No. 1257), Traffic Study No. 75, and Environmental Impact Report • No. 143, deleting Mitigation Measure No. 36 that was a duplicate of Mitigation Measure No. 1 and adding Mitigation Measure No. 6 regarding the effect the noise emitting from the hotel would All Ayes have on the Bayshores community, subject to the findings and conditions in Exhibit "A". MOTION CARRIED. A. Environmental Impact Report 4 in i 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. Z. That all potential significant environmental effects which could result from the project have been identified and analyzed in the EIR. That based upon the information contained in the Environmental Impact Report, mitigation measures have • -48- COMMISSIONERS June 6, 1991 MINUTES O`� �pd�p�n 3�.p �i. . d �' CITY OF NEWPORT BEACH ROLL CALL INDEX 4. The grading permit shall include a description of haul routes designed to minimize traffic conflicts, access points to the site which are safe (including flagmen), and a watering program designed to minimize the dust impacts of haul operations. The applicant shall , subject to the City Traffic Engineer's approval, install the traffic signal at the entrance prior to the commencement of construction to assist in said safety control. 5. An erosion, siltation and dust control plan shall be submitted and be subject to the approval of the Building Department prior to the issuance of the grading permit. A copy of the plan shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 6. Grading shall be conducted in accordance with plans prepared by a civil engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to the issuance of building permits. 7. Prior to demolition of existing structures, a complete plan for litter and debris control for the demolition, grading, and construction phases to ensure that no debris is permitted to enter Newport Harbor shall be approved by the Planning and Marine Departments. Prior to the issuance of a grading permit, the project proponent shall submit final soils engineering and geologic studies to the Director, Building Department, City of Newport Beach, for approval. These reports will primarily involve further assessment of potential soil- related constraints and hazards such as slope instability, settlement, liquefaction, ground water conditions, or related secondary seismic impacts where determined to be appropriate by the • -50- COMMISSIONERS June 6, 1991 MINUTES [� G q yid a �0� CITY OF NEWPORT BEACH ROLL CALL INDEX been identified and incorporated into the project to reduce potentially significant environmental effects to a level of insignificance in all areas, and that the only remaining environmental effects are significant only on a cumulative basis. Further, that the economic and social benefits to the community override the remaining significant environmental effect anticipated as a result of the project. 4. That the information contained in the Environmental Impact Report has been considered in the various decisions made relative to this project. Mitigation Measures: 1. Construction activities will be conducted in accordance with Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday, or on any holiday. 2. Grading operations shall be performed in a manner intended to protect surrounding properties from impact during the construction period by including dust control and erosion control activities and operation hour restrictions. The Director, Building Department, City of Newport Beach shall ensure the continued enforcement of these measures during construction. Development of the site shall be subject to a grading permit approved by the Building and Planning Departments. • -49- COMMISSIONERS June 6, 1991 MINUTES 0 I • ' Ok CITY OF NEWPORT BEACH ROLL CALL INDEX Building Department, City of Newport Beach. The report shall include evaluation of potentially expansive soil and recommended construction procedures and /or design criteria to minimize their effect of these soils on the proposed development. All reports shall recommend appropriate mitigation measures and be completed in the manner specified in the Newport Beach Grading Code and State Subdivision Map Act. In addition to the above criteria, the following specific items shall be required: a. Dewatering induced ground subsidence shall be addressed. A settlement monitoring program shall be designed to identify any settlement before existing area improvements are damaged. b. Buildings shall be designed to resist hydrostatic uplift forces without the use of pumps or other mechanized devices which may fail. C. Shoring designs shall be prepared 9. All new construction shall be inspected by the City of Newport Beach Building Department to ensure compliance with Section 2312(a) Earthquake Regulations, Uniform Building Code, 1988 Edition. 10. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach City Engineer and the Santa Ana Regional Water Quality Control Board. 11.. Suspended solids (e.g., sand) shall be separated from extracted water in accordance with applicable water quality standards and disposed of at a location approved by the Public Works Department and the Grading Engineer. -51- COMMISSIONERS June 6, 1991 MINUTES db o`O 6p d.p� �� �� CITY OF NEWPORT BEACH ROLL CALL INDEX 12. Provision shall be made, as necessary, for the treatment of hydrogen sulfide to comply with water quality standards and to control odors from the dewatering process. 13. If the applicant intends to use an ocean disposal site for excavated materials, the City of Newport Beach Public Works Department shall be provided with evidence that all appropriate permits from the Army Corps of Engineers and the City of Newport Beach have been obtained. Such evidence shall be submitted to and verified by the Public Works Department prior to the issuance of a grading permit. 14. Recommendations included in the February 19, 1990 LeRoy Crandall & Associates' Geotechnical Report shall be incorporated into project design where appropriate. The Building Department shall verify the application of the • appropriate recommendations prior to the issuance of grading permits. 15. A supplemental subsurface investigation shall be performed subsequent to demolition of the existing buildings to obtain subsurface data in those areas inaccessible during previous studies. 16. The groundwater level shall be lowered to a depth at least five feet beneath the excavation bottom. The dewatering system shall be designed and performed by qualified engineers with previous experience in this type of construction. Selection of the engineer shall be approved by the City Engineer prior to the issuance of grading permits. 17. The upper ten feet of soil material shall be removed. Remaining soil to a distance at least five feet below and beyond the proposed structure shall be densified as described in the Geotechnical Report as verified or amended by subsequent subsurface investigation. • -52- COMMISSIONERS June 6, 1991 MINUTES �,� .+ 0 ��' �" \ CITY OF NEWPORT BEACH ROLL CALL INDEX 18. A detailed preconstruction survey shall be prepared to document the present condition of all buildings and facilities within the zone of influence of the dewatered investigation. Photographs, crack surveys, and installation of a reference benchmark beyond the zone of influence shall be included in the preconstruction survey. Areas within at least 30 feet of the proposed excavation shall be monitored for any settlement and lateral movements due to possible deflection of the shoring system. Groundwater observation wells within the zone of influence shall be installed. The specific parameters of the study shall be provided to the City Engineer for review prior to issuance of the grading permit. 19. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the • public street system, utilities or other public property that might be damaged during the dewatering excavation process and the construction of subterranean improvements. 20. If found necessary by the City of Newport Beach, based upon the geotechnical information described above, the project applicant will be required to enter into an agreement guaranteeing the repair of all damage to private property caused by the dewatering excavation process and the construction of subterranean improvements. 1. Prior to the issuance of grading permits, a National Pollution Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Ana Regional Water Quality Control Board. Water extracted from dewatering wells shall meet current Environmental Protection Agency requirements prior to discharging into the Bay. If necessary, the water shall be desilted prior to discharge. Light construction equipment shall be used for earthwork operations. No heavy equipment shall be used. • -53- COMMISSIONERS June 6, 1991 MINUTES O� CITY OF NEWPORT BEACH ROLL CALL INDEX 23. A grading plan, submitted to the Director, Building Department, City of Newport Beach, shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. Prior to recordation of any final parcel map or prior to issuance of certificates of use and occupancy, whichever comes first, said improvements shall be constructed in a manner meeting the approval of the Director, Building Department, City of Newport Beach. 24. All outfalls into the bay shall have flapgates attached to the storm drain outlets to serve as a backflow prevention device, subject to approval of the Director, Public Works, City of Newport Beach. 25. Existing on -site drainage facilities shall be improved to the satisfaction of the City of Newport Beach City Engineer. A hydrology and hydraulic study and a master plan of water, sewer and storm drain for on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to recording the tract map. Any modifications to the existing storm drain system shall be the responsibility of the developer. 26. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. " 27. Landscaped areas shall be irrigated with a system designed to avoid surface run -off and over - watering. -54- COMMISSIONERS June. 6, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 28. Drainage facilities and architectural features shall be designed to prevent run -off from entering the garage structure, keep the garage floor slab dry from seepage, and remove oil and grease from run -off prior to discharge into the public storm drains. Verification of these design features shall be made by the City Engineer prior to the issuance of building permits. 29. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along. with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to issuance of any grading or building permits. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study and the City shall be the responsibility of the developer. The private water system will have to be upgraded to meet current City • standards. 30. A condition survey of the existing bulkhead along the bay side of the property shall be made by a civil or structural engineer, and the bulkhead shall be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Marine Department. The top of the bulkhead is to be a minimum elevation of 9.00 above M.LLW. (627 MSL). 31. A dust control program in compliance with South Coast Air Quality Management District Rule 403 shall be implemented during demolition, excavation and construction. This program shall include such measures as: containing soil on -site until it is hauled away, periodic watering of stockpile soil, and regular vacuum sweeping of streets used for the haul operation to remove accumulated material. -55- COMMISSIONERS MINUTES June 6, 1991 � d,0 CITY OF NEWPORT BEACH ROLL CALL INDEX 37. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound - attenuated so as not to exceed the mechanical equipment noise standards set forth in the Newport Beach Municipal Code. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. The applicant shall present to the City Engineer a written commitment that the loading dock shall be operated only within the hours specified by the City of Newport Beach Municipal Code for construction activities. 38. Applicant shall apply for a waiver of City noise abatement regulations to allow for dewatering and pouring of the subterranean garage slab. The continuous concrete pour shall be scheduled on a non - summer weekend outside of the • peak traffic period. 39. At the time the City approves the requested waiver of City noise abatement regulation to allow for dewatering and pouring of the basement slab, the City Engineer shall determine if it is necessary to require barriers or baffles and distance the electric pumps as far as possible from adjacent residential uses to reduce noise from construction equipment so as not to exceed the mechanical equipment noise standards set forth in the Newport Beach Municipal Code. If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted. 40. Pouring of the subterranean garage slab shall be scheduled to encompass only one night time period. The schedule for any continuous concrete pour shall be reviewed and approved by the City Engineer. 41. Electric pump motors shall be required for dewatering equipment to reduce noise levels. • -57- COMMISSIONERS June 6, 1991 MINUTES 0� q�� CITY OF NEWPORT BEACH ROLL CALL A I I I I I INDEX 32. Major soil disturbance shall take place between 8:00 a.m. and 4:00 p.m. when winds are stronger to reduce the amount of dust settling out on nearby receptors, and to obtain better areawide dispersion of any fugitive dust. 33. A fan - assisted ventilation system shall be installed in the venting system for the subterranean garage for use in peak periods when natural ventilation is not sufficient. 34. Prior to the issuance of any grading permits, the project proponent shall produce evidence acceptable to the Director, Building Department, City of Newport Beach that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,009 of a dwelling shall be equipped with properly operating and maintained • mufflers. b. All operations shall comply with the City Noise Ordinance. C. Stockpiling and /or vehicle staging areas shall be located as far as practicable from dwelling units. 35. All non - residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element and /or Noise Ordinance. 36. That all hotel facilities facing the Bayshores area, including guest rooms, be designed to eliminate potential noise spillage which could result from radios, televisions, etc. as well as noisy party activity. This can be accomplished by designing the facility with no openable doors or windows facing the Bayshores property line, and /or through enclosure of the proposed balconies. . -56- COMMISSIONERS June 6, 1991 MINUTES • ,POD �� � CITY OF NEWPORT BEACH ROLL CALL INDEX 42. An improved loudspeaker /paging system shall be installed to direct speakers away from surrounding residential areas. A written evaluation of the proposed system shall be prepared by an acoustical engineer and approved by the Director, Building Department, City of Newport Beach. 43. Noise resulting from outdoor functions such as parties, large gatherings and weddings which include music shall be limited to the hours of 8:00 a.m. to 10:00 p.m., or as otherwise permitted by the approval of a Use Permit. 44. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the . applicant shall contribute funds towards traffic and circulation improvements. 45. Traffic control and transportation of equipment and • materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department prior to the issuance of demolition, grading or building permits. 46. Earthwork hauling operations, major concrete placement and other construction operations requiring more than 32 trips per day or 4 trips per hour by trucks shall be coordinated with the City Traffic Engineer and CalTrans Permits Division. During high peak traffic times or if operations are causing significant traffic congestion, the operations may be restricted by the City Traffic Engineer and /or Caltrans. 47. Prior to the commencement of each construction phase and related parking provisions, the project proponent shall notify the Traffic Engineer, City of Newport Beach, of the start date for that particular construction phase. Thereafter, as deemed necessary by the Traffic Engineer, the City will monitor the parking provisions to ensure compliance with the proposed phasing plan. • -58- COMMISSIONERS June 6, 1991 0 '\ \� \ CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 48. A traffic signal shall be constructed on West Coast Highway at the main entrance to the Bay Club prior to the commencement of demolition or construction. 49. The westerly driveway shall be used as a limited access drive only. It is not to be used for access to the residential units, without being reconstructed to provide adequate sight distance and design to be approved by the Public Works Department. 50. Parking shall be provided on -site or in approved off -site lots for all employees, members and guests, and all employees will be required to park in these provided facilities. 51. No construction equipment storage on West Coast Highway or deliveries or off - loading will be made in the West Coast Highway right of way. Sidewalk along West Coast Highway shall be kept open at all times except when being repaired or replaced. 52. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer, and sidewalks shall be provided between Coast Highway and the building entrances. 53. The intersection of West Coast Highway and Main Entrance . drive and easterly drive shall be designed to provide sight distance for a speed of 50 miles per hour and sidewalk bicycle traffic. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 54. A turnaround shall be provided prior to the guard gate unless otherwise approved by the Public Works Department. The design of the controlled entrance shall be reviewed and • -59- COMMISSIONERS June 6, 1991 MINUTES ,o CITY OF NEWPORT BEACH ROLL CALL INDEX approved by the Public Works Department and Fire Department. 55. Deteriorated sections of concrete sidewalk shall be reconstructed along the West Coast Highway frontage; the unused drive apron shall be removed and replaced with curb, gutter and sidewalk; the new drive apron shall be constructed per City Standard 166 -L; and curb access ramps shall be provided at the westerly drive entrance on West Coast Highway. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 56. The easterly access drive shall. be a minimum width of 26 feet clear. This driveway shall be designed for right turn movements only for ingress and egress. • 57. Prior to the issuance of grading permits, construction staging, materials storage and a parking plan showing how . workers will be able to park without using on -street parking must be submitted and approved by the Public Works Department: 58. Food odors shall be controlled through compliance with Air Quality Management Rule 402 which states that a person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. 59. The Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. • -60- COMMISSIONERS June 6, 1991 � o.o CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 60. To ensure consistency between the UCP public access policies and the proposed project, public access opportunities will be implemented in the Planned Community Development Plan text for the proposed project. 61. Pedestrian access shall be provided throughout the areas of the Club portion of property identified in the public access plan as available for use by the general public. 62. Prior to issuance of a grading permit, a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Director, Planning Department and the Director, Parks, Beaches, and Recreation Department, City of Newport Beach. 63. All mechanical equipment and trash areas shall be screened . from public streets, alleys and adjoining properties. 64. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 65. Street signs, benches, planters and other similar features on- site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. 66. Views of roof -top equipment shall be screened from upslope properties. 67. Existing overhead utilities on the project side of Coast Highway shall be put underground to the satisfaction of the Public Works Department. 68. Based on a fire flow requirement for sprinklered facilities of this nature, the following existing connections shall be -61- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX upsized to provide for 2,000 gallons per minute fire flow (subject to Fire Department review and approval of design plans): Upsize the connection at Coast Highway from 6 inches to 12 inches and install an 8 -inch meter; Upsize the connection at Bayshore Drive from 4 inches to 8 inches and install a 6 -inch meter. 69. Prior to the issuance of building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it determines that such measures are necessary to provide adequate fire protection. . 70. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 71. The Southern California Gas Company has developed several programs which are available and would provide assistance in selecting the most effective application of energy conservation techniques. Prior to the issuance of building permits, the applicant shall meet with representatives of the Gas Company to discuss applicable energy conservation techniques that are appropriate for incorporation into the project. 72. The facility installation will conform to applicable Public Utilities Commission regulations. The applicant shall comply with adopted State energy conservation standards per Sections 1451 -1542 of Title 20 of the California Administrative Code and Sections P 20 -1451 through P 20- 1452 of Title 24 of the Code. 73. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories • -62- COMMISSIONERS June 6, 1991 MINUTES. CITY OF NEWPORT BEACH ROLL CALL INDEX and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 74. Water improvement plans shall be approved by the Fire Department, the Utilities Department and the Public Works Department, City of Newport Beach, prior to issuance of a grading permit. 75. The water distribution and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Orange County Health Department and the Utilities Department. 76. Drought - resistant vegetation shall be used in landscaping to reduce the demand for irrigation water. 77. All proposed sewer improvements shall be approved by the • Director, Public Works, City of Newport Beach. 78. Prior to the issuance of building permits, a bus turnout, if determined by the City Traffic Engineer to be necessary based on roadway cross sections, travel volumes or.speeds, should be provided at the existing bus stop location. 79. In conjunction with the provision of a bus turnout, the area adjacent to this turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings. 80. In conjunction with the provision of a bus turnout, a concrete bus pad sufficient to support the weight of a bus (see OCTD's Design Guidelines for Bus Facilities) shall be provided at this transit stop if it is determined by CalTrans that the material used to construct Coast Highway is not sufficient to support continued transit use of the bus stop. • -63- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT. BEACH ROLL CALL INDEX 81. County Sanitation District fees shall be paid prior to issuance of any building permits. 82. That prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Director of Public Works Department and the Director of the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and the Citys Utilities Department. 83. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall • include provision for the relocation of existing water and sewer facilities. 84. That the parking structure shall be designed so as to preclude light spillage from automobiles on residences in the Bayshores community. This is to be achieved via the ramp and circulation design of the structure, the installation of screen walls or planting, or a combination thereof. 85. All parking and loading areas shall comply with the noise control criteria set forth below. A. The following noise standard shall be established for all exterior noise - sensitive areas within residential areas located within one hundred (100) feet of a parking or loading area: Noise Level Time Period 55 DBA 7:00 a.m. - 10:00 p.m. 50 DBA 10:00 p.m. - 7:00 a.m. 64 COMMISSIONERS June 6, 1991 MINUTES dd,d CITY OF NEWPORT BEACH ROLL CALL INDEX B. Exterior noise - sensitive areas shall include all yards, decks, patios, terraces, balconies and rooftops and other private open areas of a residential lot designed and used for outdoor living and recreation with the exception of driveways and parking areas. C. Noise generated from loading areas shall not exceed: (1) The exterior noise standard for a cumulative period of more than thirty (30) minutes in any hour; or (2) The exterior noise standard plus five (5) DBA for a cumulative period of more than fifteen (15) minutes in any hour; or • (3) The exterior noise standard plus ten DBA (10) for a cumulative period of more than five (5) minutes in any hour; or (4) The exterior noise standard plus fifteen (15) DBA for a cumulative period of more than one (1) minute in any hour; or (5) The exterior noise standard plus twenty (20) DBA for any period of time. D. In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. E. The following noise standard shall be established for all interior noise - sensitive areas within residential areas • -65- COMMISSIONERS June 6, 1991 MINUTES . o� � �pqY• pCn`9 CITY OF NEWPORT BEACH ROLL CALL INDEX located within one hundred (100) feet of a parking or loading area: Noise Level Tune Period 55 DBA 7:00 a.m. - 10:00 p.m. 45 DBA 10:00 p.m. - 7:00 a.m. F. Interior noise - sensitive areas shall include any habitable room meeting the requirements of the Housing Code for sleeping, living, cooling, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages and similar spaces. • G. Noise generated from loading areas shall not exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus (5) DBA for a cumulative period of more than one (1) minute in any hour; or (3) The interior noise standard plus ten (10) DBA for any period of time. B. Traffic Study No. 75. indin 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the morning and afternoon peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Council Policy S -1. • -66- COMMISSIONERS June 6, 1991 MINUTES �+d,d ! ��� �� � CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That the traffic study indicates that the project will neither cause nor make worse an unsatisfactory level of service on any major, primary- modified, or primary street. C. Amendment No. 739. Adopt Resolution No. 1257, recommending adoption of Amendment No. 739 to the City Council. Amendment No. 736 (Public Hearing) Item No.s Request to consider amendments to Title 15 and Title 20 of the A736 Newport Beach Municipal Code so as to revise noise level (Cbnt,d standards for mechanical equipment in residential areas. to 6/20/91 TIATED BY: The City of Newport Beach. James Hewicker, Planning Director, stated that staff has requested that this item be continued to the June 20, 1991, Planning Commission meeting. Motion Motion was made and voted on to continue Amendment No. 736 All Ayes to the June 20, 1991, Planning Commission meeting. t i f The Planning Commission recessed at 11:30 p.m. and reconvened t 11:35 p.m. • -67- COMMISSIONERS June 6, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Amendment No. 734 (Public Hearing) Item, N0.9 Request to consider amending Title 20 of the Newport Beach A� =34 Municipal Code so as. to allow skylights to exceed the allowable (Res.I260) building heights. INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear and be heard regarding this item, the public hearing was closed at this time. Motion Motion was made to adopt Resolution No. 1260, recommending to Ayes * the City Council the adoption of Amendment No. 734. Noes Commissioner Edwards did not support the motion on the basis • that the height limit is the height limit. Motion was voted on, MOTION CARRIED. Discussion Item• Discussion Items No. 1 General Plan Amendment No. 91 -2 Request to initiate an amendment to the Newport Beach General GPA 91 -2 Plan as follows: Initiated A. 407 Bolsa Avenue: A request to amend the Land Use Element of the Newport Beach General Plan to redesignate the easterly 95± feet of Lots 5 and 6, Block 6, Tract No. 27 from Retail and Service Commercial to Two Family Residential. INITIATED BY: The City of Newport Beach -68- COMMISSIdNERS June 6, 1991 MINUTES • 0' 1\0k\ CITY OF NEWPORT BEACH ROLL CALL INDEX Commissioner Glover asked if a portion of Bolsa Avenue would be converted to a park. Don Webb, City Engineer, explained that a park is under consideration by the City Council. Ail ayes Motion was made and voted on to initiate General Plan Amendment No. 91 -2. MOTION CARRIED. ADDITIONAL BUSINESS: add l i Business The Planning Commission voted to direct staff to place the discussion of a variable FAR concept for residential development Variable on a future Planning Commission Agenda. FAR •ADJOURNMENT: 11:50 p.m Ad36urra ent THOMAS EDWARDS, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 69-