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HomeMy WebLinkAbout06/07/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers TIME: 7:30 P.M. DATE: June 7, 1990 CITY OF NEWPORT BEACH ROLL CALL Ll 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 Robert Lenard, Advance Planning Manager Don Webb, City Engineer Dee Edwards, Secretary • Minutes of May 24, 1990: Minutes of Motion * Motion was made and voted on to approve the May 24, 1990, 5 -24 -90 Ayes * * * Planning Commission Minutes. MOTION CARRIED. Abstain s r s Public Comments: Public Comments No one appeared before the Planning Commission to speak on non- agenda items. Posting of the Agenda: Posting of the James Hewicker, Planning Director, stated that the Planning Agenda Commission Agenda was posted on Friday, June 1, 1990, in front of City Hall. COMMISSIONERS June 7, 1990 MINUTES CITY OF NEWPORT BEACH CALL INDEX Request for Continuances: Request for James Hewicker, Planning Director, stated that the applicant, Continu Nina% Newport Beach, has requested that Item No. 6, Use Permit No. 1758 (Amended), property located at 3388 Via Lido, be .continued to the Planning Commission meeting of July 5, 1990, so as to provide additional time to discuss concerns with staff regarding parking and circulation. He further requested that Item No. 8, Amendment No. 708 pertaining to the Retail and Service Commercial District, be continued to the June 21, 1990, Planning Commission meeting. Motion * I I I Motion was made and voted on to continue Items No. 6 to the All Ayes July 5, 1990, Planning Commission meeting, and No. 8 to the June 21, 1990, Planning Commission meeting. MOTION CARRIED. . Resubdivision No. 930 (Public Hearing) Item No.l Request to resubdivide an existing lot into a single parcel of land 8930 for a two family residential condominium development on property located in the R -2 -13 District. I Approved LOCATION: Lot 16, Tract No. 1237, located at 479 -481 Morning Canyon Road, on the easterly side of Morning Canyon Road, between Seaward Road and East Coast Highway, in Corona Highlands. ZONE: R -2 -B APPLICANT: Mark Reuter, Corona del Mar OWNER: Robert Shawn Helda, Newport Beach ENGINEER: Gregory J. Cook, Laguna Hills Commissioner Pers6n indicated that concerns were expressed to him prior to the public hearing regarding the subject resubdivision. He explained that the Planning Commission does not get involved with private CC &Ws in conjunction with the permitted heights of buildings. In addition, the project under construction does not affect this application, inasmuch as the -2- COMMISSIONERS June 7, 1990 MINUTES o W • CITY OF NEWPORT BEACH ROLL CALL. INDEX Planning Commission may approve a resubdivision for condominium development until the dwelling units are occupied. James Hewicker, Planning Director, concurred with Commissioner Pers6n's comments, and clarified the City's position regarding the foregoing concerns. The public hearing was opened in connection with this item, and Mr. Shawn Helda, property owner, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A ". Mr. Helda stated that as a result of a review of the subject project by the Corolido Community Association's Architectural Committee, the applicants made major modifications to the property. He explained that the revisions comply with prior projects that were built in the Corona Highlands area, and the height of the project is consistent with other structures in the area. There being no others desiring to appear and be heard, the hearing public closed time. Ision * Motion d Resubdivision No. was voted and vo on to approve All Ayes 930 subject to the findings and conditions in Exhibit W. MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the 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 19.08.020 of the Municipal Code and Section • 66415 of the Subdivision Map Act. -3- COMMISSIONERS c�0 A \ CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX CONDITIONS: 1. That a parcel map be recorded prior to occupancy. The parcel map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That 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 prior to the completion of the public improvements. 4. That each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. • 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 6. That sidewalk be constructed along the Morning Canyon Road frontage under an encroachment permit issued by the Public Works Department. 7. That disruption caused by the 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 constructed in accordance with state and local requirements. 8. That overhead utilities serving the site be underground to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 9. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 10. 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. -4- COMMISSIONERS ROLL CALL • June 7, 1990 MINUTES CITY OF NEWPORT BEACH Use Permit No. 3382 (Continued Public Hearings) Request to permit the establishment of a permanent automobile washing and detailing facility for the staff and physicians of the Hoag Memorial Hospital and the Newport Lido Medical Center. Said facility will be located within the surface parking area in the northeasterly corner of the Newport Lido Medical Center property, located in the A -P District. LOCATION: Record of Survey 84 -20 (Resubdivision No. 214) located at 361 Hospital Road, on the northeasterly corner of Hospital Road and Placentia Avenue, across from Hoag Hospital. ZONE: A -P APPLICANT: Dana L. Carl, Newport Beach OWNER: Newport Lido Medical Center, Newport Beach James Hewicker, Planning Director, referred to the addendum to the staff report concerning staffs recommended findings and conditions if the Planning Commission desired to approve an automobile washing and detailing facility in the subterranean parking structure. He also referred to three letters of opposition that the Planning Commission received concerning the subject project. The public hearing was opened in connection with this item, and Mr. Dana Carl, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A'. In response to a question posed by Commissioner Debay regarding the proposed location of the facility, Mr. Dana explained that it is located in the parking area on the northeast corner of the Newport Lido Medical Center property. Mr. Hewicker described the location of the proposed facility from the plot plan on display and the sites of the apartments and condominiums that would be affected by said facility. -5- INDEX Item No.2 UP3382 Denied COMMISSIONERS June 7, 1990 MINUTES \ \ \ \ \ \\ CITY OF NEWPORT BEACH T ROL CALL III Jill I l INDEX Mr. Michael Lombardi, property owner, appeared before the Planning Commission. Mr. Lombardi stated that a hedge has been planted that is proposed to screen the parking lot, the subject facility will be located at the end of a cul -de -sac on Patrice Road, and the adjacent retirement home would not see the facility. He stated that the subject facility would only be viewed by an apartment house located on Flagship Road. Mr. Lombardi stated that he has invested $32,000.00 to establish the operation with new equipment; the intent of the operation is to service the physicians on -site and the residents of the retirement home; and the automobile washing facility will not be advertised. He explained that a subterranean automobile wash would be difficult inasmuch as it would require the installation of a new sewer system. Ms. Pat Shehan, representing the Park Lido Association, appeared before the Planning Commission. Ms. Shehan referred to the Association's letter of June 3, 1990, requesting that the • subject application be denied inasmuch as the subject facility is across the street from the residential condominiums and said facility would have a detrimental affect on the residential nature of the neighborhood. Ms. Shehan addressed the residents' previous concerns with respect to the high -rise parking structure; the automobile wash would reduce the number of required parking spaces; the facility would only benefit the staff at the medical center and Hoag Hospital and not the entire community; that the proposed awning and landscape trellis would deter from the architectural scheme of the medical center; and the operation could set a precedent for future uses on the site. Chairman Pomeroy, Commissioner Debay, Mr. Hewicker, and Ms. Shehan discussed the distance that the automobile wash is from the condominiums that are located on Flagship Road. Don Webb, City Engineer, stated that the condominiums are approximately 370 feet from the subject operation. Ms. Shehan circulated a photograph of the subject site taken from a condominium unit. Mr. Frank Tyler, 4215 Patrice Road, appeared before the Planning Commission. He did not support the automobile wash inasmuch as the operation is a non - medical activity that is not an essential service. • Ms. Rose Levinson, 415 Flagship Road, appeared before the Planning Commission wherein she stated her opposition to the 10 COMMISSIONERS June 7, 1990 MINUTES CITY OF NEWPORT BEACH CALL INDEX subject facility and referred to her letter dated June 5, 1990. Ms. Levinson stated that her condominium is situated at the comer of Flagship Road and Patrice Road and is heavily impacted by the traffic at the intersection, and she requested consideration of the residents' "quality of life ". Ms. Jean Weissman, 4215 Patrice Road, appeared before the Planning Commission wherein she stated her opposition to the subject use inasmuch as the noise from the equipment would affect the residents. 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 Merrill, Mr. Webb stated that the distance between the subject operation and the closest residential units located on Patrice Road is approximately 160 feet. Mr. Hewicker discussed sites of existing automobile wash and detail facilities and the City's policy with . respect to the mobile operations. Commissioner Debay addressed Condition No. 8 in Exhibit 'W' requiring that the use be limited to staff and physicians of Hoag Memorial Hospital and the Newport Lido Medical Center, and she indicated that the operation would use two parking spaces inasmuch as the automobiles are proposed to be shuttled back and forth. In response to questions posed by Commissioner Merrill, Mr. Hewicker replied that the operation will consist of three employees including the applicant, and the operation is proposed to service between 12 to 15 automobiles per day. Commissioner Di Sano addressed the residents' concerns regarding noise, screening the site, and the operation setting a precedent. He referred to Condition No. 14 in Exhibit "A" stating that the Planning Commission may review the use permit if the Motion operation does not comply with the approved conditions. Motion was made to approve Use Permit No. 3382 subject to the findings and conditions in Exhibit 'W'. Commissioner Di Sano explained that the subject use would mitigate the traffic. Commissioner Glover did not support the motion on the basis that the noise and congestion in the area should remain minimal. She referred to the future expansion of Hoag Hospital and how -7- 1990 , COMMISSIONERS June 7MINUTES CALL CITY OF NEWPORT BEACH INDEX the "quality of life" needs to be maintained for the residential community. Commissioner Edwards did not support the motion on the basis that the use would only benefit special persons and the residential community should not be impacted by the operation. Substitute Substitute motion was made to deny Use Permit No. 3382 subject Motion to the findings for denial in Exhibit "B ". Ayes Noes * Commissioner Debay did not support the substitute motion on the basis that the applicant should be given the opportunity to operate his business, that the facility will mitigate the traffic, Condition No. 14 in Exhibit "A" would allow the Planning Commission to recall the use permit if there would be a problem, and the facility would not be the cause of all the problems surrounding Hoag Hospital. Chairman Pomeroy stated that the landscaping buffers the structure, that the operation is approximately 35 feet from where • the automobile washing facility existed prior to construction, and the noise level emitting from the parking structure is greater than what would be created by the detailing operation. Chairman Pomeroy also suggested that the applicants consider Exhibit "C", which would allow the automobile wash and detailing facility in the subterranean parking structure. Mr. Lombardi reappeared before the Planning Commission wherein he responded to questions posed by Commissioner Merrill with respect to the facility operating in the subterranean parking structure. He explained the difficulty to install the necessary equipment and connect same with the sewer system. Mr. Lombardi took exception that the residents would be able to view the operation from the condominiums and apartments, that the operation would not impact the traffic, and the facility would not generate noise. Mr. Hewicker indicated that the proposed canopy over the facility is required to remain in place at all times. Mr. Hewicker suggested that prior to the vote on the substitute motion to deny that the foregoing comments in support of the denial be added to the Findings for Denial in Exhibit "B ". Substitute motion to deny was made, and SUBSTITUTE MOTION CARRIED. In June 7, 1990 COMMISSIONERS MINUTES 0 CITY OF NEWPORT BEACH ROLL CALL INDEX FINDINGS: 1. That the proposed use could potentially result in an increase in the demand for off- street parking which is not provided on -site. 2. That the approval of Use Permit No. 3382 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 3. That the proposed facility will adversely affect the residential uses adjacent to the subject property. 4. That the use would only benefit special persons (i.e. staff and physicians at the Newport Lido Medical Center and Hoag Hospital), and the residential community should not • be impacted by the operation. Use Permit No. 3383 (Public Hearing) Item No.3 Request to permit the construction of a combined UP3383 commercial /residential development on property located in the C -1 District. The proposal also includes: a request to approve Approved a use permit so as to allow commercial development of the site which maintains a Floor Area Ratio which is less than 0.25; and modifications to the Zoning Code so as to allow the use of tandem parking for a portion of the required commercial parking and to allow the second floor of the structure to encroach 4 feet into the required 10 foot rear yard setback adjacent to a 25 foot wide alley. LOCATION: Lot 3, Block 15, Section B, Newport Beach, located at 105 15th Street, on the northwesterly side of 15th Street, between West Balboa Boulevard and West Ocean Front, on the Balboa Peninsula. • ZONE: C -1 APPLICANTS: Morrie and Wanda Nero, Newport Beach -9- June 7, 1990 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX OWNERS: Same as applicants The public hearing was opened in connection with this item, and Mr. Todd Schooler, Architect, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler referred to the calculations listed in the staff report and he indicated that the residential portion of the project does not exceed 1,872 square feet of floor area with a 0.75 FAR, wherein the staff report indicated 1,892 square feet of residential floor area with a 0.76 FAR. Mr. Schooler concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 18, requesting that the lighting system be prepared and signed by a licensed Electrical Engineer wherein he asked if a licensed architect could also be considered, based on the size of the commercial project. James Hewicker, Planning Director, stated that Condition No. 18 is a standard condition placed on commercial projects; however, he indicated that the Planning Commission may modify the condition. Mr. Schooler stated that an Electrical Engineer is a substantial cost for a 500 square foot commercial space. Commissioner Pers6n concurred based on the size of the project. Commissioner Debay asked if the applicant concurred with the findings and conditions in Exhibit 'B ", which limits residential FAR to 0.75, reduces the depth of the commercial parking and requires redesign of parking area. Mr. Schooler responded that the purpose of the proposed parking layout is based on the location of the project and the heavy impact of traffic in the area. He explained that if the garage doors are set back, the public would have the opportunity to park their automobiles and block the driveway adjacent to the alley as well as create other public nuisances. Mr. Hewicker explained that between the commercial use and the front of the parking spaces there is a large area between the trash enclosure and the stairway that could be used for either enlarging the residential, storage or commercial areas. He indicated that if the garages would be separated with a wall running perpendicular to the alley, it would provide more than the minimum required garage spaces, and it would push the commercial parking spaces forward on the lot, and the surplus area adjacent to the alley would be similar to the setback adjacent to the residence on the north side of the property. -10- COMMISSIONERS WCITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL 11 Jill I INDEX Mr. Schooler indicated that he did not oppose a wall that would separate the commercial from the residential parking spaces, that the garage doors will remain open during the day, and the applicants will reside on the premises. In response to a question posed by Commissioner Glover regarding the signage, Mr. Schooler explained that the signs will be installed at the front and rear part of the property indicating that the garage door shall remain open and the commercial parking is at the rear of the property. Mr. Schooler and Commissioner Debay addressed the single garage door for the residential and commercial uses that is proposed for security reasons. The Planning Commission, Mr. Schooler and Mr. Hewicker discussed concerns regarding the foregoing Condition No. 18, and appropriate plans that could be submitted to the City for plan check which would verify that the required condition has been • met by a licensed Architect. The conclusion was that the be to "or licensed architect ". condition could modified add Mr. Bud Van Ornum, 107 - 15th Street, appeared before the Planning Commission wherein he indicated that his concerns include the project encroaching to the side property line, the proposed number of parking spaces, and the material used to construct the exterior wall inasmuch as his residential structure on the adjoining property is 36 inches from the subject property. Mr. Schooler appeared before the Planning Commission to state that the exterior walls on the side property lines would be constructed of wood siding, and it was further agreed that Mr. Schooler and Mr. Van Ornum would meet in the future to discuss the project. Commissioner Pers6n commented that Mr. Van Ornum's property is located in the "C -1" District where a zero side yard setback is allowed. In response to the foregoing concerns, Mr. Hewicker explained that the first floor of the building adjacent to the alley will be set back 10 feet, and the second floor will be set back 6 feet from the alley. Mr. Van Ornum suggested that the applicants construct a brick wall as a buffer between the two lots. Mr. Jim Cantwell, 1511 West Balboa Boulevard, appeared before the Planning Commission wherein he addressed the parking and traffic congestion in the commercial area and in the alley. Commissioner Pers6n commented that the applicant could -11- COMMISSIONERS June 7, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL III III I develop a 1,250 square foot commercial building on the site without coming to the City for discretionary approval, and an advantage of mixed use is that it does not generate as much traffic. • •ion Mr. Charles Banks, 1510 West Ocean Front, appeared before the Planning Commission. He suggested that the subject parcel be integrated and developed with the adjacent parcels of land. In response to a question posed by Commissioner Pers6n, Mr. Banks explained that there are several lots that are under one ownership. Commissioner Glover supported the subject use and the concept of mixed use in the area. Mr. Banks indicated that the residents will be impacted by future development. Mr. Morrie Nero, property owner, appeared before the Planning Commission. He explained that inasmuch as the intent is to reside on the property, the applicants are requesting privacy by being able to enclose the commercial parking spaces with a garage door at night. He stated that a garage wall between the residential and commercial parking spaces would be inconvenient; however, he agreed to have a wall constructed if necessary. Mr. Nero stated that inasmuch as the alley is 25 feet wide, the proposed uses will not impact the alley. He indicated that the commercial area consisting of 500 square feet would be utilized as office space. Mr. Nero and Mr. Hewicker discussed the use of the residential garage door. Mr. Nero stated that the area surrounding the stairway will be landscaped. Ms. Denise Cantwell, 1511 West Balboa Boulevard, appeared before the Planning Commission wherein she addressed the parking congestion in the area. There being no others desiring to appear and be heard the public hearing was closed at this time. In response to a question posed by Commissioner Debay regarding Exhibit 'B ", William Laycock, Current Planning Manager stated that Condition No. 3, Exhibit "B ", states that the two residential parking spaces shall be separated from the commercial parking spaces by a full height wall and shall have a separate garage door. Motion was made to approve Use Permit No. 3383 subject to the findings and conditions in Exhibit 'B ". Commissioner Debay based her motion on the fact that the property is zoned -12- INDEX COMMISSIONERS oW A CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX "commercial ", and the property owner has the right to develop his property as long as it meets the zoning regulations. She requested that Condition No. 18 be modified to add "...licensed Electrical Engineer or Licensed Architect.. ". She suggested that recommended conditions for entirely commercial projects not necessarily be included on future mixed use applications. Commissioner Pers6n stated that the subject project is similar in size to a duplex, and he opposed the lighting and similar conditions based on the size of the proposed development. Mr. Hewicker suggested that Condition No. 18 in Exhibit 'B" could be modified to state that the lighting shall be designed in such a way as to conceal the light source and maintain the light on the property. Motion was voted on to approve Use Permit No. 3383 subject to the findings and conditions in Exhibit "B" (Limits residential FAR to 0.75 and reduces the depth of the commercial parking and requires redesign of parking area), and add to Condition No. 18 Ayes "Licensed Architect ". MOTION CARRIED. Findings: 1. That the proposed commercial space constitutes a significant portion of the development. 2. That the proposed commercial development is large enough to accommodate a viable business. 3. That the design of the development or 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. 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5: That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 6. That inasmuch as the proposed project is located on • commercially zoned property and includes a commercial -13- COMMISSIONERS a"o �a o- dcn • o �� �� CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX Floor Area Ratio of only 0.20, it is reasonable and necessary to limit the residential Floor Area Ratio to 0.75. 7. That other similar projects which have been approved within the Central Balboa area and Cannery Village have included residential development which did not exceed 0.75 Floor Area Ratio. 8. The approval of Use Permit No. 3383 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications for a commercial tandem parking space and the second floor encroachment into the alley setback are consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. . Conditions: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That only one dwelling unit shall be permitted on the site. 3. That the two garage parking spaces (including a tandem parking space) shall be for the exclusive use of the residential unit on the site and shall be physically separated from the commercial parking spaces by _ a full height wall and shall also have a separate garage door. 4. That one tandem parking space and one independently accessible parking space shall be provided for the commercial use on the property at all times the commercial space is open for business. Should an operating garage door be utilized, the parking spaces shall remain open during business hours and made available for use by the employees and the public. The depth of the commercial parking area shall be reduced to a minimum depth of 36 feet to provide only two car tandem parking inside the building. -14- COMMISSIONERS CALL June 7, 1990 MINUTES CITY OF NEWPORT BEACH INDEX 5. 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. In addition, a sign shall also be located on the rear of the building, stating that the garage door to the commercial parking spaces shall remain open during regular business hours. Said sign shall also provide the telephone number of the City 's Code Enforcement personnel so that the public may contact the City if the garage door is closed during regular business hours. 6. That the residential Floor Area Ratio for the proposed project shall not exceed 0.75 (1,875 sq.ft.). 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. 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. 9. That the commercial and residential units be served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 10. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 11. That all vehicular access to the property be from the adjacent alley unless otherwise approved by the City Council. 12. That County Sanitation District fees be paid prior to issuance of any building permits. 13. That the curb and sidewalk be reconstructed along the 15th Street frontage and that the asphalt portion of the • deteriorated alley adjacent to the site be reconstructed under an encroachment permit issued by the Public Works Department. -15- COMMISSIONERS CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX 14. That the Public Works Department plan check and inspection fee be paid. 15. That the 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. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the 15th Street right -of- way. Prior to issuance of any grading permits, a parking plan for workers must be submitted and approved by the Public Works Department. 16. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. • 17. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 18. The lighting system shall be designed, directed, and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed by a licensed Electrical Engineer or licensed Architect; with a letter stating that, in his opinion, this requirement has been met. 19. 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. 20. 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. -16- COMMISSIONERS ROLL CALL • Motion &nt 1*1*1* June 7, 1990 MINUTES CITY OF NEWPORT BEACH The Planning Commission recessed at 9:00 p.m. and reconvened at 9:15 p.m. Variance No. 1145 (Discussion) Request to appeal the decision of the Planning Director that made the determination that Variance No. 1145 precludes any encroachment into the 5 foot side yard setback adjacent to the alley on the ground floor. LOCATION: Portions of Lots 1 and 2, Block 235, Lake Tract, located at 3510 Lake Avenue, on the northeasterly side of Lake Avenue, between 35th Street and 36th Street, in West Newport. ZONE: R -2 APPLICANT: Academy Builders, Placentia OWNERS: Lucille and Paul Stafford, Newport Beach Ms. Lucille Stafford, property owner, appeared before the Planning Commission. Ms. Stafford explained that to protect the side of her house facing the alley that the contractor received a verbal permit to construct two posts with a 4 foot setback from the alley. She stated that after a neighbor issued a complaint regarding one of the 4 foot high posts, the property owner removed the posts. Ms. Stafford explained that the request for a 4 foot 8 inch setback for the posts from the alley would allow 4 inches to protect the stucco house from automobile damage. James Hewicker, Planning Director, explained that a 5 foot side yard setback was required so as to provide adequate vehicular maneuverability in the alley, and from the garages on the opposite side of the alley. Commissioner Pers6n made a motion to sustain the interpretation of the Planning Director that the approved site plan preclude any encroachment into the 5 foot side yard setback in conjunction with Variance No. 1145. Motion was voted on, MOTION CARRIED. (Commissioner Edwards was absent during the vote). -17- INDEX Item No.4 V1145 Approved COMMISSIONERS ,o CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX Ms. Stafford reappeared before the Planning Commission wherein she explained that the posts have been removed. She stated that a 4 inch encroachment would protect the house which was developed at the setback line, and a 1 inch by 12 inch piece of wood at bumper height would be sufficient to protect the stucco on the house. In response to a question posed by Chairman Pomeroy, Ms. Stafford explained that the letter that was submitted to staff dated May 15, 1990, requested that the setback requirement be reduced to no more than 4 feet 8 inches if the 4 foot setback were not allowed. Mr. Hewicker explained that a 2 inch by 12 inch piece of wood installed on the side of the dwelling unit would encroach 2 inches into the setback adjacent to the alley, Motion to Reconsider * Commissioner Debay made a motion and it was voted on to Ayes * * * * * reconsider Variance No. 1145. MOTION CARRIED. Noes Motion was made to permit a 2 inch by 12 inch piece of wood on * to be installed along the side of the stucco structure at bumper * * * * height adjacent to the alley in conjunction with Variance No. oes * * * 1145. Commissioner PersBn did not support the motion on the basis that he did not originally support the variance, and he would not support any further encroachment of the building adjacent to the alley. Motion was voted on, MOTION CARRIED. A. General Plan Amendment No. 89- 2(C)(Continued Public Item No.5 Hearin GPA 89 -2C Request to allow commercial /residential mixed use in the "island" (Res.1226) area between North Newport Boulevard and Newport Boulevard in the Old Newport Boulevard Specific Plan Area. It is also UP3380 proposed to amend the boundaries of the Old Newport Boulevard Specific Plan Area to delete areas designated for SPR59 residential use and to consider changes to the issues identified R929 for consideration in the preparation of the Specific Plan; and the — acceptance of an environmental document. Approved INITIATED BY: The City of Newport Beach -18- COMMISSIONERS o � sd o 3� N : �� A CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX AND B. Use Permit No. 3380 (Continued Public Hearing) Request to allow the construction of a combined commercial/ residential project containing 2,000 square feet of commercial development and 3 dwelling units on property located in the C- 1 District. The proposal also includes a request to approve a use permit to permit commercial development of the site which maintains a Floor Area Ratio which is less than 0.25. AND C. Site Plan Review No. 59 (Continued Public Hearing) Request to permit the construction of a combined commercial /residential development within the Old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted. AND D Resubdivision No 929 (Continued Public Hearing) Request to resubdivide an existing lot and a vacated portion of Newport Boulevard into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. LOCATION: Lot 12, Tract No. 27 and a vacated portion of Newport Boulevard, located at 447 North Newport Boulevard, on the westerly side of North Newport Boulevard, in the island area between Orange Avenue and Hospital Road, in the Old Newport Boulevard Specific Plan Area. ZONE: C -1 APPLICANT: Owen Minney, Newport Beach OWNER: Same as applicant • ENGINEER: Alpine Consultants, Inc., Laguna Hills -19- 1990 , COMMISSIONERS June 7MINUTES a \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ROLL CALL 1111111 1 1 INDEX Commissioner Pers6n asked what the General Plan Amendment would allow in the area in addition to the commercial /residential mixed use of the "island" area. Robert Lenard, Advance Planning Manager, explained that the General Plan Amendment addresses the Specific Area Plan, removing areas that are currently designated "residential" from the Specific Plan boundary without making any change for permitted uses. Commissioner Pers6n stated that the zoning and use would remain as approved by the adopted General Plan. In response to a question posed by Commissioner Debay regarding the traffic count, Mr. Lenard concurred that traffic generation in a residential area is generally less than in a commercial area. The public hearing was opened in connection with this item, and Mr. Owen Minney, applicant, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit 'W'. • Mr. Art Williams, Western Industrial Properties, Property Manager at 446 Newport Boulevard, appeared before the Planning Commission. He requested that the area remain commercial use only inasmuch as the mixed use would increase the density substantially. He further commented that permitting only commercial uses would require the applicant to provide additional parking. Commissioner Pers6n and Mr. Lenard discussed the City Council's action regarding commercial /residential mixed use for the "island" when the General Plan Amendment was adopted in October, 1988. Mr. Williams stated his concern that the residential units would be converted to a commercial use in the future. Dr. Jan VanderSloot, 2221 - 16th Street, appeared before the Planning Commission wherein he determined that 62 residential units would be allowed if the commercial /residential mixed use is adopted for the "island" which would increase the density and parking in the area adjacent to Newport Heights. Dr. VanderSloot supported the project inasmuch as it would enhance the area. • Mr. Minney reappeared before the Planning Commission wherein he stated that the area was recently downzoned from 2.0 FAR to 0.50 FAR. He explained that 0.50 FAR could be increased to 1.0 FAR if specific requirements were met. In reference to -20- COMMISSIONERS .o i4 d A .4 o� � d� Ad � CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX the aforementioned 62 residential units, Mr. Minney explained that the two hotels on the easterly portion of North Newport Boulevard are considered in the number of allowable residential units. Mr. Minney stated that he is required to maintain the residential condominiums for residential use only and not convert said dwelling units to commercial use, and he will reside in one of the condominiums. Robin Flory, Assistant City Attorney, suggested a condition that would require a Covenant, which would identify each unit for residential or commercial uses so as to put future property owners on notice concerning the restriction of the use. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made to approve General Plan Amendment No. 89- 2(C) (Resolution No. 1226), Use Permit No. 3380, Site Plan Review No. 59 and Resubdivision No. 929 subject to the findings and conditions in Exhibit "A", including added Condition No. 18, • Resubdivision No. 929, concerning a recorded Covenant. Commissioner Di Sano stated that the project would allow individuals who are employed by Hoag Hospital or nearby offices the opportunity to reside adjacent to work. Commissioner Pers6n supported the motion based on his approval of the commercial /residential mixed use concept, Old Newport Boulevard is not heavily travelled, and the area has the ability to be "charming ". All Ayes The foregoing motion was voted on, MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City policy. 2. That based upon the information contained in the Initial Study, the project is not anticipated to have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. -21- COMMISSIONERS June 7, 1990 MINUTES CITY OF NEWPORT BEACH CALL 3. That the information contained in the environmental document has been considered in the decision on the project. Mitigation Measures: 1. All units shall be sound attenuated to a maximum of 45 dBA CNEL for interior living areas and 65 dBA CNEL for exterior living areas associated with individual units, 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. B GENERAL PLAN AMENDMENT 89 -2(C) Adopt Resolution No. 1226, recommending approval of General Plan Amendment 89 -2(C) to the City Council. • I I I I I I I I in � USE PERMIT NO, 3380 F' 1. That the proposed residential /commercial mixed use development is consistent with the provisions of the Newport Beach General Plan and the specific criteria established for the Old Newport Boulevard Specific Plan. 2. That the proposed commercial space constitutes a significant portion of the development. 3. That the proposed commercial development is large enough to accommodate viable businesses. 4. The approval of Use Permit No. 3380 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Conditions: i1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans and -22- INDEX COMMISSIONERS o W A CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX elevation, except as required to provide the minimum 24 foot access aisle and to make the project conform to the 32 foot height limit. 2. 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. 5. 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. 6. That all conditions of approval of Resubdivision No. 929 and Site Plan Review No. 59 shall be fulfilled. . B Site Plan Review No. 59. Findings: 1. That the site does not contain any unique landforms such as coastal bluffs. 2. 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. 3. That there are no environmentally sensitive areas on -site. 4. The property does not contain any areas of unique geologic hazards. 5. Residential development will meet City noise standards. 6. The site plan and layout of buildings, parking areas and pedestrian and vehicular access are functional in that there will be a minimum of commercial /residential conflicts. . 7. The development is consistent with the General Plan. -23- COMMISSIONERS WCITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX 8. Mechanical equipment and trash enclosures are concealed from view. 9. That there are no archeological or historical resources on- site. Conditions: 1. That the proposed development shall be in substantial compliance with the approved plot plan, floor plans, and elevations, except as noted below. 2. That all mitigation measures, and conditions of approval for Use Permit No. 3380 and Resubdivision No. 929 shall be fulfilled. 3. That one parking space be provided for each 250 sq.ft. of commercial or office development and 2 parking spaces be provided for each dwelling unit. 4. The access driveway shall be widened to provide a . minimum width of 24 feet. 5. The building shall be redesigned in order to conform with the 32 foot height limitation. 6. The two separate commercial parking spaces shall be posted for commercial parking only during regular business hours. 7. Parking and drive design shall be subject to the further review and approval of the City Traffic Engineer. 8. Landscaping along North Newport Boulevard shall conform to Std. 110 -L unless otherwise approved by the Traffic Engineers and the Public Works Department. 9. Trash enclosure and electrical transformer location shall be approved by the Traffic Engineer. D. Re-subdivision No. 929 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access -24- COMMISSIONERS `4 A t9 D o�� D��� c�D�.� A �� � CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 3. That the proposed project is consistent with the Newport Beach General Plan. 4. 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 design of the subdivision. 5. That the proposed subdivision presents no problems from a planning standpoint. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The Parcel Map shall be prepared using the State Plane Coordinate System as a basis of bearing. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That a standard Subdivision Agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit and the commercial unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site vehicular and pedestrian circulation system be subject to further review by the Public Works Department and the City Traffic Engineer. -25- COMMISSIONERS WCITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX 6. That the intersection of North Newport Boulevard and the drive be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 7. That curb, gutter, sidewalk and street paving be constructed along the North Newport Boulevard frontage under an encroachment permit issued by the Public Works Department. 8. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer unless otherwise approved by the Public Works Department. 9. That the Public Works Department plan check and inspection fee be paid. 10. That a hydrology and hydraulic study be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map or prior to the issuance of grading permits or 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. 11. That the sanitary sewer lateral be constructed per Costa Mesa Sanitary District standards. 12. 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. A traffic control plan shall be reviewed and approved by the Public Works Department. Prior to the issuance of any grading or building permits, a parking plan for workers must be submitted and approved by the Public Works Department. -26- COMMISSIONERS June 7, 1990 MINUTES \ \ \ \ \ \\ CITY OF NEWPORT BEACH CALL 13. That the overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 14. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code prior to the recordation of the parcel map. 15. That the applicant shall include within the project's Covenants, Conditions and Restrictions (C,C & R's), specific language pertaining to the method and procedure for resolution of conflicts that may occur between the residential condominiums and the commercial condominium. Said language shall be submitted to the City for review and approval by the City Attorney, prior to the recordation of the parcel map. 16. That the commercial parking spaces shall be available for use as guest parking for the residential dwelling units at • times outside the business hours of the commercial businesses. 17. 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. 18. That a Covenant shall be recorded concurrently with the recordation of the parcel map, against each unit that restricts or identifies the use as residential or commercial, as appropriate, and in conformance with the approved plans. Said language shall be submitted to the City for review and approval by the City Attorney. INDEX Use Permit No 1758 ( mended)(Public Hearing) Item No.6 Request to amend a previously approved use permit which UP1758A allowed the establishment of a private club with on -sale alcoholic beverages, live entertainment, dancing and off -site parking with Cont ' a to a full-time valet parking service. The proposed amendment 7-5 -90 • includes a request to expand the hours of operation of the club so as to allow a 6:00 p.m. opening whereas the existing hours of operation are limited from 9:00 p.m. to 2:00 am. daily. The -27- COMMISSIONERS CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL 1 1 J i l l l I I INDEX 0 Motion All Ayes .7 proposal also includes a request to formally amend a previously approved off -site parking agreement so as to allow the use of 9 parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposal also includes a request to approve a second off -site parking arrangement on an informal basis involving the parking lot at the southeasterly corner of 32nd Street and Villa Way so as to provide a portion of the required off - street parking during the expanded hours of operation. LOCATION: Parcel No. 1 of Parcel Map 60-43 (Resubdivision No. 433)(private club site) located at 3388 Via Lido, on the northeasterly side of Via Lido between Via Oporto and Via Malaga, adjacent to Lido Marina Village; Lot 4, Tract No. 907 (Off- site Parking Site No. 1), located at 3355 Via Lido in the Lido Building parking lot; and Lots 22 -30, Block 530, Lancaster's Addition (Off -site Parking Site No. 2), located at 500- 516 32nd Street, on the southeasterly comer of Villa Way and 32nd Street in Central Newport. ZONE: C -1 APPLICANT: Nina's Newport Beach, Newport Beach OWNER: Traweek Investment Fund #12, Ltd., Newport Beach James Hewicker, Planning Director, stated that the applicant has requested this item be continued to the July 5, 1990, Planning Commission meeting so as to allow further discussions with the City Traffic Engineer concerning parking and circulation issues associated with the proposed project. Motion was made and voted on to continue this item to the July 5, 1990, Planning Commission meeting. MOTION CARRIED. s s s COMMISSIONERS CITY OF NEWPORT BEACH June 7, 1990 MINUTES M ROLL CALL 1 1 I J i l l I I INDEX • • Use Permit No. 1908 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale alcoholic beverages, live entertainment and valet parking. The proposed amendment includes a request to change the operational characteristics of the restaurant so as to permit nighttime dancing in conjunction with a live entertainment dance combo whereas the approved live entertainment is limited to classical or semi- classical music. The proposal also includes a request to change the permitted closing hours of operation of the restaurant facility from 11:00 p.m., Sunday through Thursday and 12:00 midnight, Friday and Saturday, to 12:30 a.m., Sunday through Thursday and 1:30 a.m., Friday and Saturday. The proposed amendment also involves a request to provide 10 tables and 40 seats in the outdoor patio area where no more than 8 tables and 24 seats are currently permitted. The proposal also includes modifications to the Zoning Code so as to provide additional parking spaces in an existing off -site parking area across the alley from the restaurant use by using tandem spaces, and to allow one additional on -site parking space which encroaches into the required 10 foot rear yard setback adjacent to an alley. LOCATION: Parcel No. 1 of Parcel Map No. 158 -41 (Resubdivision No. 645) located at 3520 East Coast Highway, on the northerly side of East Coast Highway, between Narcissus Avenue and Orchid Avenue, (restaurant site); Lots 4 and 5, Block U, Tract No. 323, located at the northwesterly corner of East Coast Highway and Orchid Avenue (Off -site Parking Lot No. 1); and Lots 1 and 3, Block 441, Corona del Mar, located on the northwesterly side of Orchid Avenue, between East Coast Highway and Second Avenue, in Corona del Mar. (Off -site Parking Lot No. 2). ZONE: C -1 APPLICANT: Carmelo Manto, Newport Beach OWNER: First Interstate Bank, Newport Beach -29- Item No.7 UP1908A Approved 1990 , COMMISSIONERS June 7MINUTES CALL CITY OF NEWPORT BEACH INDEX The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, appeared before the Planning Commission on behalf of the applicant. He submitted 14 letters signed by residents living adjacent to the subject site stating their support of the restaurant. Mr. King reviewed the previous uses of the subject restaurant, and he explained that the applicant is currently requesting an amendment to the use permit so as to reflect the existing operation. Mr. King explained that the restaurant has never advertised public dancing; that customers voluntarily danced in response to the music that was being played; as a result of the letter from the City to the applicant stating that dancing is not a permitted use, the dancing ceased; the applicant concurs with staffs recommendations regarding the parking requirement; and the Off -site Parking Agreement with the adjacent property owner has been put on file at the City. Mr. King concurred with the findings and conditions in Exhibit "A" with the exception of Condition No. 7. He indicated that the music will commence at 9:00 p.m. Mr. King stated that . Dining Area No. 4 has consistently closed early; however, he requested that the dining areas closest to the lounge area be allowed to remain open until 10:30 p.m. He suggested posting the area so as not to allow dancing until the second dining area is closed, and the dancing be allowed to commence after the dinner hour of 10:30 p.m.. Mr. King stated that the applicant has agreed to post the area prohibiting dancing so as to enforce the regulation. Mr. Carmelo Manto, applicant, appeared before the Planning Commission. In response to a question posed by Commissioner Di Sano regarding the letter dated September 1, 1989, that was mailed to the applicant, Mr. Manto concurred with the request that the Planning Commission review the operation 90 days from the subject public hearing. In response to a question posed by Commissioner Debay, Mr. Manto indicated that the outside patio would remain open after 10:30 p.m. during the summer months. Discussion ensued regarding the activity between the outside patio and the restaurant, and the sound from the music would be heard outdoors. Mr. King explained that the center door that leads into the restaurant will open for customers to enter or leave the • restaurant facility; however, he said the double doors adjacent to the music area will be permanently closed throughout the year. In response to a question posed by Mr. Hewicker, Mr. Manto -30- June 7, 1990 COMMISSIONERS MINUTES n� CDOOY_ d� MAP q �q. CITY OF NEWPORT 13EACH ROLL CALL INDEX explained that the doors are not required to be unlocked by the Fire Department, and the intent is to keep the doors permanently locked. In response to a question posed by Commissioner Edwards, Mr. Manto explained that a dance combo is currently providing entertainment. Mr. Gary Martin, 323 Narcissus Avenue, appeared before the Planning Commission wherein he requested that the entertainment be denied inasmuch as the existing music is disturbing the neighborhood. He indicated that the music currently extends beyond 11:00 p.m. on week days and on weekends. In response to a question posed by Commissioner Edwards regarding the applicant's compliance with the previously approved conditions, Mr. King replied that from the time the applicant received the foregoing letter from Code Enforcement Officer, the restaurant has kept the double doors closed. He indicated that • after the air conditioning was installed, there was not the temptation to open the double doors, and the speakers from the sound system were adjusted so as not to transmit outdoors. In response to a question posed by Commissioner Pers6n, Mr. King explained that the double set of doors in the lounge area consist of wood and glass that are not double glazed. Commissioner Pers6n suggested a condition regarding sound attenuation that would address the expressed concerns. Chairman Pomeroy indicated that sound emitting from the traffic on East Coast Highway is very evident for all of the residents in the area. Mr. Hewicker stated that the Planning Commission has previously requested from applicants the services of an engineer practicing in acoustics to advise what measures can be taken so as to be assured that no sound is transmitted from the building. Commissioner Edwards supported the suggestion to review the use permit in 90 days, and an acoustical analysis requirement that would include sound attenuated glass. • Mr. Martin reappeared before the Planning Commission wherein be stated his concern is the Latin music that is being played instead of the previously approved semi - classical music. -31- COMMISSIONERS June 7, 1990 MINUTES k 0 ' �' CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Royal Radkey, 330 Mayflower Drive, appeared before the Planning Commission. He addressed the concerns regarding the sounds transmitting from the restaurant. He referred to the restaurant's participation in the Corona del Mar Christmas Walk by stating that it was difficult to hear if entertainment was actually being played indoors while the double doors were closed. There being no others desiring to appear and be beard, the public hearing was closed at this time. Motion Motion was made to approve Use Permit No. 1908 (Amended) subject to the findings and conditions in Exhibit "A", including the following modifications: amend Condition No. 6 to state that "dancing shall not be permitted before 10:30 p.m. "; amend Condition No. 7 stating that Dining Area No. 4 would close at 9:00 p.m. and Dining Area No. 3 would close at 10:30 p.m.; and add Condition No. 16 requesting "that the Planning Commission shall review the use permit in 90 days." Commissioner Pers6n suggested that the use permit be reviewed in 120 days and a . report from an engineer practicing in acoustics be submitted concerning the sound attenuation of the building as a result of specific testing during the summer months" for the reason that the air is more dense and sound travels in the summer months. Commissioner Di Sano agreed to the revision to Condition No. 16 and stated that the residents would also have an opportunity to appear before the Planning Commission regarding concerns that they may have with respect to the restaurant's operation. All Ayes The foregoing motion was voted on, MOTION CARRIED. A. Use Permit No. 1980 (Amended) Findings: 1. That the proposed restaurant is consistent with the General Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. The waiver of development standards as they pertain to landscaping, building setbacks, underground utilities, -32- COMMISSIONERS June 7, 1990 MINUTES �S d O d d� �d cn��.� q�� y� A '0 CITY OF NEWPORT BEACH ROLL CALL ELI I I I I I INDEX illumination and walls surrounding the restaurant site, will not be detrimental to the adjoining properties. 5. That the design of the project or 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 public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the Police Department has indicated that they have no objections to the proposed restaurant operation. 8. The approval of a modification to the Zoning Code so as to allow the use of tandem parking spaces for a portion of the required off- street parking will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be • detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 9. The approval of Use Permit No. 1908 (Amended) under the circumstances of this case will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the subject project shall be in substantial confor- mance with the approved plot plan and floor plans, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1908 and related amendments shall be fulfilled. 3. That 33 daytime and nighttime (after 5:00 p.m.) parking • spaces shall be provided in Off-Site Parking Lot No. 1 and 14 nighttime parking spaces shall be provided in Off -site -33- COMMISSIONERS CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX Parking Lot No. 2 for a total of 33 daytime parking spaces and 47 nighttime parking spaces. 4. That an amended off -site parking agreement shall be approved by the City Council providing 4 additional parking spaces (33 total) within Off -site Parking Lot No. 1. 5. That the on -site vehicular, pedestrian circulation system shall be subject to further review by the Public Works Department and the City Traffic Engineer. 6. That the subject restaurant, including dancing and live entertainment shall be permitted to operate until 12:30 a.m. Sunday through Thursday and 1:30 a.m. on Friday and Saturday. However, live entertainment shall not be permitted before 9:00 p.m. and dancing shall not be permitted before 10:30 p.m. 7. Dining Room No. 4 shall be closed by 9:00 p.m. and • Dining Area No. 3 shall be closed by 10:30 p.m. when the dancing is permitted. 8. That the development standards pertaining to landscaping, building setbacks, underground utilities, illumination and walls surrounding the restaurant site are hereby waived. 9. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 10. That live entertainment in the restaurant shall be limited to a four piece combo and that all music and live entertainment shall be confined to the interior of the building and all doors and windows of the restaurant and lounge shall remain closed during such activity. 11. That a Cafe Dance Permit for the proposed dancing shall be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 12. That valet parking service shall be provided at all times during the restaurant's operation. • 13. The out -door patio shall be limited to no more than 28 seats. -34- COMMISSIONERS o� a CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX 14. 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. 15. 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. 16. That the Planning Commission shall review Use Permit No. 1908 (Amended) in 120 days, and that a report from an engineer practicing in acoustics shall be submitted concerning the sound attenuation of the building as a result of specific testing during the summer months. . Amendment No. 708 (Public Hearing) Item No.8 A708 Request to amend Title 20 of the Newport Beach Municipal Code so as to establish the Retail and Service Commercial (RSC) District. Cont' d to 6 -21 -90 INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, requested that this item be continued to the June 21, 1990, Planning Commission meeting. Notion Motion was made and voted on to continue this item to the June All Ayes 21, 1990, Planning Commission meeting. MOTION CARRIED. s s s Amendment No. 709 (Public Hearing) Item No.9 Request to amend Title 20 of the Newport Beach Municipal A709 Code so as to establish the Residential Overlay District. (Res.1228) • INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. Approved There being no one to appear before the Planning Commission, -35- June 7, 1990 COMMISSIONERS MINUTES 'O W & CITY OF NEWPORT BEACH ROLL CALL 111 Jill I INDEX the public hearing was closed. In response to a question posed by Commissioner Glover with respect to the recommendation that tandem parking for commercial use be permitted without the approval of a modification for small mixed use projects, Robert Lenard, Advance Planning Manager, and Commissioner Pers6n explained that the suggestion would expedite the request inasmuch as it would be permitted for small mixed use projects only. Motion All Ayes Motion was made and voted on to adopt Resolution No. 1228, and recommend to the City Council the adoption of Amendment No. 709. MOTION CARRIED. Amendment No. 711 (Public Hearing) Item No.10 Request to consider an amendment to Title 20 of the Newport Beach Municipal Code, revising the permitted uses in the Recreational and Marine Commercial, and the Retail and Service Commercial areas of the Mariner's Mile Specific Area Plan (SP- A711 (Res.1229) Approved 5); and amend language in Title 20 of the Newport Beach Municipal Code concerning "Specialty Food Service". INITIATED BY: The City of Newport Beach The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission, the public hearing was closed. Motion All Ayes * Motion was made and voted on to adopt Resolution No. 1229, recommending to the City Council the adoption of proposed Amendment No. 711. MOTION CARRIED. Discussion Items: Discussion Items No. 1 villa Pt. Landscape • Planning Commission Review of the proposed landscape Flan for the corner of East Coast Highway and Jamboree Road in conjunction with Phase II of the Villa Point Residential Condominium Project - Tentative Map of Tract No 14055 -36- June 7, 1990 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX In response to a question posed by Commissioner Pers6n, Don Webb, City Engineer, stated that staff is satisfied with the submitted landscape plans. Mr. David McMahan, Regis Contractors, appeared before the Planning Commission. He indicated that the wall and landscaping were moved back 50 feet, and the grade was lowered outside of the wall approximately 6 feet so as to maximize the views. In response to a question posed by'Commissioner Di Sano, Mr. McMahan replied that the entire landscape scheme is drought tolerant. Motion Motion was made and voted on to approve the revised landscape All Ayes plan for the Villa Point Phase II project. MOTION CARRIED. s s e Request to consider amending the Municipal Code so as to No. 2 provide better vehicular circulation in alleys where the side yard of a residential lot is directly across the alley from the rear yard Alleys of another residential lot. Don Webb, City Engineer, provided a slide presentation concerning setback modifications in areas where there are side yards of residential lots directly across the alley from the rear yards of other residential lots, specifically in 9 and 10 foot wide alleys located in West Newport. He described the problems of garage access that occur in those alleys. To relieve the 9 and 10 foot wide alleys, Mr. Webb recommended an increase of the garage setback, and /or eliminate the zero foot setback of fences on the opposite side of the alley and require a 6 inch curb with a low landscape treatment. In reference to 10 foot wide alleys, and restricted side yards, he suggested that a minimum 20 to 24 foot setback should be required on the garage side. Mr. Webb recommended that to provide a clear 20 foot area for maneuverability, garages adjacent to a 9 foot wide alley would require an 8 foot setback and on a 10 foot wide alley, a 7 foot setback. In reference to the 14, 15, and 20 foot wide alleys, Mr. Webb recommended that fences be allowed to be constructed up to a zero side yard, but require the garage setback to be 24 feet so -37- COMMISSIONERS 'd � d� d, d S W CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX as to provide a turning area. He recommended at least 20 feet for a turning area and 24 feet in the wider alleys. Commissioner Debay and Mr. Webb discussed her concern that the recommendations would affect the buildable area of the lot. Mr. Hewicker addressed a recent Amendment that was considered by the Planning Commission and City Council to increase the alley setback to 8 feet in Corona del Mar. He stated that concerns were expressed that the additional setback area would provide space for people to park parallel in the alleys in front of the garage doors which would hinder the alley access. Following a discussion by the Planning Commission and staff Motion with respect to the recommendations, a motion was made to discuss this item at a Study Session on July 19, 1990, at 3:30 p.m. In response to a question posed by Mr. Webb, Chairman Pomeroy recommended that staff provide drawn examples of 40, each condition showing the garage and the property line. Ayes Motion was voted on, MOTION CARRIED. s s s Request to consider attaching standardized conditions of approval Mo. 3 on Planning Commission staff reports. Conditions Discussion ensued between the Planning Commission and staff with respect to Commissioner Pers6n's suggestion that conditions that are standard in use permits be combined into one condition. Motion Motion was made and voted on to discuss this item at a Study All Ayes Session on July 19, 1990, at 3:30 p.m. MOTION CARRIED. Amendment No. 712 No. 4 Request to amend Title 20 of the Municipal Code as it applies A712 to nonconforming uses and structures. set for public INITIATED BY: The City of Newport Beach hearing • 7 -s -90 -38- COMMISSIONERS .o � �� �� CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX In response to questions posed by Commissioner Glover, Robert Lenard, Advance Planning Manager, discussed the procedure that would be followed if the nonconforming structure were 100 percent destroyed by a natural disaster. Motion Motion was made and voted on to set this item for public All Ayes hearing at the Planning Commission meeting of July 5, 1990. MOTION CARRIED. General Plan Amendment No. 90-2 D -5 Request to initiate amendments to the General Plan Land Use, GPA 90 -2 and Recreation and Open Space Elements, and the Local Coastal Program Land Use Plan as follows: Initiated Motion * A. Santa Ana Rivermouth LCP: A request of West Newport All Ayes Oil Company to amend the General Plan Land Use Element and the LCP Land Use Plan to allow for a mixture of residential, • support commercial, open space, and institutional uses within the 425 acre "sphere of influence" area and the 50 acre incorporated area immediately east of the Santa Ana River and north of Newport Shores. Motion was made and voted on to initiate. MOTION CARRIED. Motion B. University Drive Deletion: A proposal by staff to amend the All Ayes General Plan Circulation Element to delete a segment of University Drive from the from the City's Master Plan of Streets and Highways consistent with recent actions by the Orange County Board of Supervisors to delete the same segment from the County Master Plan of Arterial Highways. Motion was made and voted on to initiate. MOTION CARRIED. Motion C. Park MacArthur Development: A request of Nikko Capital All Ayes Corporation to amend the General Plan Land Use Element by changing the land use designation from Retail and Service Commercial to Administrative, Professional and Financial Commercial for the two auto dealerships (Nissan and Saab), and establish revised office Floor Area limitations for this site and -39- COMMISSIONERS June 7, 1990 A W CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX the office site immediately to the north, in the Newport Place Planned Community. Motion was made and voted on to initiate. MOTION CARRIED. D. Five Crowns Restaurant: A request of the Five Crowns Restaurant to amend the General Plan Land Use Element and the LCP Land Use Plan for an adjacent parcel from Single Family Detached to Retail and Service Commercial. Commissioner Pers6n and Commissioner Di Sano addressed the applicant's previous request to initiate the amendment that was subsequently denied by the City Council. James Hewicker, Planning Director, stated that Walter Zigler delivered a petition containing 13 residents on Poppy Avenue and Hazel Avenue stating their opposition to the amendment. Jerry King appeared before the Planning Commission so as to • present a petition signed by residents on Hazel Avenue and Poppy Avenue in support of the amendment. Mr. King stated that after the City Council denied the subject request, the applicants contacted the local residents regarding the proposal. Lavena Hayton appeared before the Planning Commission on behalf of the Corona del Mar Chamber of Commerce wherein she stated their support of the proposal. She stated that the letter submitted by the Chamber of Commerce in support of the proposal contains concerns that the merchants have regarding the decline of the Corona del Mar business community, and she requested that the neighbors and City support those concerns. Commissioner Pers6n supported the initiation; however, he said that it does not reflect his views regarding the merits of the project. Motion Motion was made and voted on to initiate. MOTION Ayes * * CARRIED. No E. General Plan and Zoning Consistency and Cleanup Amendment: A proposal by staff to amend the General Plan • Land Use Element in order to clean up minor errors and omissions discovered since the October 1988 adoption, and to -40- COMMISSIONERS June 7, 1990 MINUTES \ \ \ \ \ \\ CITY OF NEWPORT BEACH CALL INDEX Intake changes to areas identified in the Zoning Implementation program as inconsistent. Motion Motion was made and voted on to initiate. MOTION All Ayes CARRIED • • s s s ADJOURNMENT: 11:20 p.m. JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -41-