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HomeMy WebLinkAbout06/09/1983MANSSONERS REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers X I x1 ]IX Ix I XI XI All Present. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney Robert Gabriele, Assistant City Attorney x x x STAFF MEMBERS PRESENT:. - William R. Laycock,- Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary x x x Minutes of APPROVAL OF THE MINUTES Motion I [ Ix 1XI I I Motion was made for approval of the May 5, 1983, A es X P lannin g Commission Minutes as written, which MOTION Abstain CARRIED. Minutes of May 19, 1983 Motion X Motion was made for approval of the May 19, 1983, Ayes X X X Planning Commission Minutes, as written, which MOTION Abstain CARRIED. - x x x Staff advised that the applicant for Item No. 7 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of June 23, 1983. Motion X All Ayes YK X X X X Motion was made to continue Item No. 7 - Amendment No. 590, to the Planning Commission Meeting of June 23, 1983, which MOTION CARRIED. x x x -1- MINUTES INDEX TIME: - 7:30 p.m. c DATE: June 9, 1983 m m w. City of Newport Beach X I x1 ]IX Ix I XI XI All Present. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney Robert Gabriele, Assistant City Attorney x x x STAFF MEMBERS PRESENT:. - William R. Laycock,- Current Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary x x x Minutes of APPROVAL OF THE MINUTES Motion I [ Ix 1XI I I Motion was made for approval of the May 5, 1983, A es X P lannin g Commission Minutes as written, which MOTION Abstain CARRIED. Minutes of May 19, 1983 Motion X Motion was made for approval of the May 19, 1983, Ayes X X X Planning Commission Minutes, as written, which MOTION Abstain CARRIED. - x x x Staff advised that the applicant for Item No. 7 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of June 23, 1983. Motion X All Ayes YK X X X X Motion was made to continue Item No. 7 - Amendment No. 590, to the Planning Commission Meeting of June 23, 1983, which MOTION CARRIED. x x x -1- MINUTES INDEX C C�MMd55lUIVtKS June 9, 1983 MINUTES �c ro Qf m m City of Newport Beach ROLL CALL I I 111 1 1 INDEX • 0 Amendment No. 589 (Continued Public Hearing) Request to amend the Big Canyon Planned Community Development Standards so as to permit the construction of a residence for the General Manager of the Big AMENDMENT Canyon Country Club on the golf course, and the NO. 589 acceptance of an environmental document. LOCATION: Property bounded by Jamboree Road, San Joaquin Hills Road, MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community. Mail Use Permit No. 3036 (Continued Public Hearing) Request to permit the construction of one residence for the General Manager of the Big Canyon Country Club on property located within the Big Canyon Golf Course. LOCATION: A portion of Irvine's Subdivision, located at 1900 Jamboree Road, on the southeasterly side of Jamboree Road between San Joaquin Hills Road and Ford Road, in the Big Canyon Planned Community. ZONE: P -C APPLICANT: - Big Canyon Country Club, Newport Beach OWNER: Same as applicant Agenda Items No. 1 and 2 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. James Gianulias, President of the Big Canyon Country Club, appeared before the Commission. Mr. Gianulias submitted a letter dated June 6, 1983, from the Big Canyon Community Association, which outlined their position relating to the recordation of deed. restrictions for the primary purpose of the proposed residence and that no view obstruction shall occur. -2- AND PERMIT 3036 June 9, 1983 MINUTES � m m m m City of Newport Beach INDEX Mr. Gianulias stated that he has met with the various community associations during the week and the concerns previously expressed have been resolved. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the height limits which would be applicable to dwelling units in Big Canyon, would apply to the proposed residence. He stated that the proposed residence would also have to be in conformance with the plans which have been submitted. In response to a question posed by Chairman King, Mr. I Gianulias stated that the proposed residence will not be incorporated into one of the community associations. Commissioner Allen asked if it would be appropriate to require a recording of the agreement between the Big Canyon Community Association and the Big Canyon Country • Club, as a condition of approval. Planning Director Hewicker questioned how the CC &R's of one association would be enforced upon a lot which is outside of the prescribed boundary. He stated that the entire country club, including the clubhouse and golf course, would have to be annexed into a specific association. In response to a question posed by Commissioner Allen, Mr. Gianulias stated that the Big Canyon Community Association is no longer requiring that the proposed residence be annexed into a particular association. Mr. Gianulias stated that he concurs with the findings and conditions of Exhibit "A" and the restrictions which have been suggested by the Big Canyon Community Association. - Commissioner Allen suggested that the Big Canyon Country Club record a private agreement with the Big Canyon Community Association, instead of Condition No. 5, which states that the dwelling unit shall be ancillary to the Big Canyon Country Club operations, and shall only be utilized as a residence by the General Manager of the Club, and his or her family. She stated that the association could then enforce who could live in the residence, rather than the City. • -3- r r c m x 6f m D .o June 9, 1983 of Newport Beach Planning Director Hewicker stated that the Big Canyon Planned Community Development Standards would he amended so as to permit the construction of a residence for the General Manager of the Big Canyon Country Club on the golf course, subject to the securing of a use permit. He stated that at a later date, if the residence is occupied by someone other than the General Manager, the condition would still be a part of the zoning document and can therefore be enforced by the City. He stated that if the community association could not enforce the condition, the City could be called upon under its police powers in the Zoning Ordinance to enforce the condition. In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that the recommendation by staff allows both the City and the association to enforce the occupancy of the proposed residence. Motion X Motion was made to adopt Resolution No. 1094, and All Ayes X X X X X X x recommend to the City Council that Amendment No. 589, a request to amend the Big Canyon Planned Community Development Standards so as to permit the construction of a residence for the General Manager of the Big Canyon Country Club on the golf course, and the acceptance of an environmental document, be approved, which MOTION CARRIED. Motion X Motion was made to approve Use Permit No. 3036, subject All Ayes X X X X X X to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That approval of Use Permit No. 3036 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, . comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious. to property or improvements in the neighborhood or the general welfare of the City.. -4- MINUTES. INDEX RESOLUTION NO. 1094 June 9, 1983 MINES. ity of Newport Beach INDEX rnnmrmTMTC. 1. That development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections, except as noted below. 2. That the existing landscaping and sign be modified to provide sight distance for vehicles, bicyclists and pedestrians in conformance with City Standard 110 -L at the Jamboree Road entrance. 1 I I I I I 3. That the depth of the drive approach be increased by 4 feet to provide an 8 foot clear area for bicyclists to ride across said drive. 4. That the City Fire Marshall shall approve the • final driveway plans. 5. That the dwelling unit shall be ancillary to the Big Canyon Country Club operations, and shall only be utilized as a residence by the General Manager of the Club, and his or her family. 6. That Amendment No. 589 shall be approved by the City Council prior to any residential development on the property. � r c o ro 7C m > June 9, 1983 MINES. ity of Newport Beach INDEX rnnmrmTMTC. 1. That development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections, except as noted below. 2. That the existing landscaping and sign be modified to provide sight distance for vehicles, bicyclists and pedestrians in conformance with City Standard 110 -L at the Jamboree Road entrance. 1 I I I I I 3. That the depth of the drive approach be increased by 4 feet to provide an 8 foot clear area for bicyclists to ride across said drive. 4. That the City Fire Marshall shall approve the • final driveway plans. 5. That the dwelling unit shall be ancillary to the Big Canyon Country Club operations, and shall only be utilized as a residence by the General Manager of the Club, and his or her family. 6. That Amendment No. 589 shall be approved by the City Council prior to any residential development on the property. COMAP6SIONERS MINUTES June 9, 1983 3 � � r c m w. City of Newport Beach ROLL CALL INDEX Lot Line Adjustment No. 83 -1 (Public Hearing) (Referred Item #3 from the Modifications Committee) Request to permit the relocation of an existing property line between Lots No. 14 and 17 of Tract No. 4824. The proposed lot line adjustment will permit the LOT LINE expansion of the Sav -On Drug Store facility. The ADJUSTMENT approval of this application will also require the NO. 83 -1 elimination or the relocation of the existing ingress- egress drive between the Sav -On Drug Store and the Bank of America facility on Rutland Road. - - LOCATION: Portions of Lots No. 14 and 17, Tract No. 4824, located at 1020 Irvine Avenue, Continued on the northeasterly corner of Irvine to July Avenue and Westcliff Drive, in the 21, 1983 Westcliff Plaza Shopping Center. ZONE: C -O -H • APPLICANT: Sav -On Drug, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Van Dell and Associates, Irvine The public hearing opened in connection with this item and Mr. James Lyon, representing the applicant, appeared before the Commission. Mr. Lyon stated that the existing facility was built in 1963 and that they are now requesting the proposed expansion which will upgrade the existing facility. He stated that the expansion is necessary in order for the facility to remain a viable store in the area. He stated that their current lease expires in October of 1983 and that they prefer to remain at the same location with the expanded facility, rather than to relocate the service and its customers. Mr. Lyon stated that they have retained a traffic consultant which has worked closely with the City staff on the traffic issues which have been raised by the proposed expansion. He stated that mitigation measures, could be taken on -site, which would limit any impacts of surrounding traffic flow to a minimum. ME COMMISSIONERS MINUTES June 9, 1983 m = m w- City of Newport Beach ROLL CALL IINDE= Mr. Lyon stated that they are in concurrence with the Findings and Conditions of Approval as indicated in Exhibit "B ", of the staff report. He further stated that Mr. Les Card of Van Dell and Associates, the applicant's traffic consultant, is also present at the meeting to answer any questions the Commission may have. .In response to a question posed by Commissioner Kurlander, Mr. Don Webb, City Engineer, referred to the 1,200 trips per day from Rutland Road and stated that the the majority of the 1,200 trips were passing through the ingress- egress drive between Sav -On Drug Store and the Bank of America facility, rather than parking or turning around in the driveway. In response to a question posed by Commissioner Goff, Mr. Lyon stated that the future upgrading of the shopping center would be cosmetic improvements of the • buildings, as opposed to site modifications which might affect traffic and parking. In response to a question posed by Commissioner McLaughlin, Mr. Webb stated that the concerns expressed by the Public Works Department in the staff report, have not changed. Commissioner Winburn stated that she is quite familiar with the shopping center and Rutland Road. `She stated that many of the residential uses in the area utilize the access on Rutland Road which is the third most utilized driveway in Westcliff Plaza. She also stated that the Sav -On facility is a necessary part of the neighborhood shopping center. Commissioner Winburn suggested that the driveway between the Sav -On facility and the Bank of America be blocked off for a trial period to determine traffic patterns and counts for this location and if a traffic signal would necessary at Westcliff Drive. She stated that during this trial period, bicyclists and pedestrians would be able to utilize the driveway for safety purposes. Mr. Webb stated that a trial closure for a period of • 30 days would be needed in order for the traffic patterns to adjust and to determine an accurate traffic reading for this location. -7- June 9, 1983 MINUTES m m City of Newport Beach INDEX Planning Director Hewicker stated that this item had been referred to the Planning Commission by the Modifications Committee. He stated that the Planning Department has not made a recommendation on this item, but has provided the Planning Commission with an exhibit for denial and an exhibit for approval. In response to a question posed by Commissioner Goff, Commissioner Winburn stated that the driveway closure will only block off that portion of the property which would be utilized by the proposed Sav -On expansion. Chairman King asked if the owner of the property should be required to restripe the lot which would indicate directionals and alternate ingress and egress routes within the shopping center. Mr. Webb stated that restriping would not be. necessary during the trial period. Mr. Webb then explained the current ingress and egress points of the shopping center lot. He also explained the mitigation measures which have been proposed, including a traffic signal for Westcliff Drive and the impacts of such a traffic signal to the area. Commissioner Goff stated that the driveway between the Sav -On facility and the Bank of America potentially creates a hazard for pedestrians. Mr. Webb stated that there are currently pedestrian sidewalks located on both sides of the driveway. He stated that he is not aware of any history of pedestrian /automobile conflict at this location. Commissioner Balalis stated that the Sav -On facility is important to the shopping center and to the City and stated that he would be supporting the suggestion by Commissioner Winburn. He then suggested that a poll be taken of the persons who frequent the facility indicating the inconvenience of the driveway closure versus the facility leaving the location. He further stated that the existing.driveway would most likely not be allowed if it were being proposed today, because it • creates a potential hazard. go 3 x � r c v m � 7C ni N D June 9, 1983 of Newport Beach MINUTES R O L L CALL I I I I J i l l I INDEX I Motion • All Ayes I`W i Motion was made to continue this item to the Planning Commission Meeting of July 21, 1983, in order for the trial period to begin on the driveway closure. Commissioner Goff suggested that specific information be provided on the traffic impacts and the affects upon the office complex located across the street. He stated that he would also like information on the reaction of such changes on neighboring businesses. Mr. Webb suggested that perhaps The Irvine Company, which is the owner of the properties in question, could conduct a survey of their tenants in this regard. Mr. Lyon stated that they are agreeable to a continuance on this item, however, they are anxious to resolve these issues as soon as possible. Commissioner Winburn stated that the smaller merchants, in the area certainly feel that the Sav -On facility is necessary to the shopping center and are also concerned . with the easiest access into their shops. Mr. William Salyer, General Manager of Construction Design for Sav -On Drugs, Inc., stated that it will take approximately five months to remodel the facility. He stated that a six week continuance will postpone the expansion until the first part of 1984. He stated that they can not be in the process of remodeling the facility during the Christmas holiday. Mr. Salyer urged that the approval be made as soon as possible. Commissioner McLaughlin's motion to continue this item to the Planning Commission Meeting of July 21, 1983, was now voted on, which - MOTION CARRIED. MINUTES June 9, 1983 r{ r c m m o y. Z City of Newport Beach INDEX Request to resubdivide an existing single parcel of Item #4 land into two parcels for single family residential purposes. The proposal also includes exceptions to the Subdivision Code so as to allow the creation of an interior parcel with less than a 50 foot width and containing less than 5,000 sq. ft. in land area. RESUB- LOCATION: A portion of Block D, Corona del Mar DIVISION Tract, located at 2305 Pacific Drive, in NO. 750 the southerly side of Pacific Drive between Acacia Avenue and Begonia Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Valley Consultants, Inc., Santa Ana OWNERS: - Harry E. and Dorothy W. Westover, Newport Beach • 1 1 1 I 1 1 1 1 ENGINEER: Same as applicant Mr. William Laycock, Current Planning Administrator, referred to Page 4 of the staff report and stated that the criteria for constructing a new residence on the entire property should be a lot size of 10,154 t square feet, rather than 5,380 ± square feet. Mr. Laycock stated that he had received a telephone call from Mr. John Bettingen, whom is referred to as the neighbor located directly across the street, in Page 3 of the applicant's letter, dated May 26, 1983. Mr. Laycock stated that Mr. Bettingen had indicated in his telephone conversation that the proposed lot split had not been discussed with him by the applicant. Planning Director Hewicker distributed to the Planning Commission a revised vicinity map which more accurately indicated the subject property in relationship to the surrounding parcels. The public hearing opened in connection with this item and Mr. Ron Winterburn, representing the applicant, appeared before the Commission and requested approval of the proposed resubdivision. -10- APPROVED CONDI- TIONALLY COMMiSSIONERS MINUTES June 9, 1983 7 � c City of New ort Beach VROLLALL INDEX Mr. James Delimar, resident of 2312 Pacific Drive, appeared before the Commission and distributed photographs which depicted the existing site and surrounding parcels. He stated that any development on the site would adversely impact the visibility of the bay and the ocean and adversely impact the surrounding area. He stated that there are only three existing residences located on Pacific Drive which have elevations above the street level, including the existing Westover residence. He suggested that the proposal be developed so that only one level of the residence is located at the street level. Mr. Delimar stated that he had received a letter from a Mr. Ralph Wakefield which stated that he does not object to the proposed resubdivision, however, the height restrictions for Pacific Drive should be the same as those utilized on Ocean Boulevard, in order to preserve the views. • Mr. Michael Mann, resident of 2304 Pacific Drive, submitted two letters to the Planning Commission. The first letter from Mr. John Davison, owner of property located at 2320 and 2322 Pacific Drive, which stated that he is opposed to any blockage of the view from Pacific Drive. Mr. Davison also indicated in his letter that a compromise could be reached so that the proposed residence would not exceed one story in height along the top of the bluff. The second letter submitted was from Mr. J.. A. Shepherdson, owner of property located at 2300 Pacific Drive, which stated that the resubdivision is not conducive to the neighborhood and that he is opposed to any large structure being built at this location at this time. Mr. Mann referred to the applicant's letter dated May 26, 1983, attached to the staff report and stated that it is not the property owners' right to split the lot. He stated that the property owners inherited the property and the existing residence. He .stated that the local residents utilize the area and the proposed request would be detrimental to their benefit. He stated that of the eight neighbors immediately adjacent to the lot, six neighbors are opposed to the lot split, one neighbor is in favor of the lot split, and one • neighbor is undecided at this time. -11- COMNMSSIOI�4ERS MINUTES June 9, 1983 7 m � m m w. >= City of Newport Beach L LL CALI I I I I I I I INDEX Mr. Mann referred to Page 3 - of the staff report and stated that the three criteria which must be met for an exception, have not been satisfied. Commissioner Balalis stated that it appears that Mr. Mann is not necessarily opposed to the lot containing less than 5,000 square feet, but is opposed to any view blockage which may occur. Mr. Mann stated that he is opposed to the density and the height being proposed which will result in a view blockage. Commissioner Balalis stated that should the proposed request be denied, the subject property could be developed with a new single family residence constructed across the width of.the parcel, which could contain more density and be far more visually imposing than two smaller structures on the proposed resubdivided parcels. . Mr. Mann stated that the majority of the residences in the area are built on a lower scale. He stated that the proposed request would not be conducive with the existing neighborhood. Commissioner Balalis stated that if the proposed request were to be approved, the Planning Commission could made certain findings as to the reduction of the height and the bulk of the proposal. Chairman King stated that the parcels on the inland side of the neighborhood have built their lots to the maximum density, whereas Mr. Mann is requesting that the ocean side parcels be restricted to maintain a low level of density. Mr. Mann stated that low level residences on the ocean side give the neighborhood the feeling of openness, which is more desirable. Commissioner Allen stated that should the proposed request be denied, the property owners could develop a larger residence on the property. However, she stated that the Planning Commission has the power to condition the resubdivision request and limit the height and bulk • of the proposed structure. Mr. Mann stated that he is not opposed to the property rights of the property owners, but is opposed to the height of the proposed structure. -12- MINUTES June 9, 1983 y. City of Newport Beach INDEX In response to a question posed by Commissioner McLaughlin, Planning Director Hewicker stated that if the resubdivision request were to be denied, the maximum buildable area would be 11,418 ± square feet. Whereas, he stated that if the resubdivision were to be approved as presented, the maximum buildable area on Parcel No. 1 would be 4,779 t square feet. Mr. Smith Bacon, resident of 2315 Pacific Drive, appeared before the Commission. Mr. Bacon stated that he has spoken to Mrs. Shepherdson, property owner of 2300 Pacific Drive, and that she was not opposed to the proposed resubdivision. He stated that many of the parcels in the area contain residences of higher density on smaller sized lots. He stated that the three existing residences on Pacific Drive which exceed the current height limits, were constructed before the current height limits were adopted. He stated that the • current height limits allowed in the area are acceptable for the proposed request. Ms. Dorothy Westover, owner of the residence and lot in question, appeared before the Commission. Ms. Westover stated that if the proposed resubdivision request is not approved, she and her brother will sell the property and a larger residence will be constructed on the site. Motion I IXI I I I I Motion was made for approval of Resubdivision No. 750, l subject to the Findings and Conditions of Exhibit "A ". Commissioner Goff suggested the possibility of limiting the height of the residence above the curb level. He stated that this would continue the trend towards low roof lines on the ocean side of Pacific Drive. Amendment I ( I I I Amendment to the motion was made to limit the height of I any building located on Parcel No. 1 to one story above the street level. In response to a question posed by Commissioner • Balalis, Commissioner Goff stated that he is not opposed to the square footage of the proposed residence. -13- MINUTES June 9, 1983 r c W City of Newport Beach INDEX In response to a question posed by Chairman King, Mr. Robert Burnham, City Attorney, explained the purpose of the findings which the Planning Commission must make when approving an exception to the Subdivision Code. He stated that the conditions imposed upon the resubdivision must be reasonably related to insure that the objectives of the Zoning Ordinance have been met. Planning Director Hewicker stated that if the applicant were to move the property line on Parcel No. 1, the parcel would contain 5,000 square feet and an exception to the Subdivision Code would not be necessary on the vacant lot. He stated that Parcel No. 2, the parcel with the existing residence, would then need an exception, at such time as redevelopment occurs. Planning Director Hewicker stated that the Planning Commission has the authority to impose appropriate regulations in order to achieve the purpose of the • Zoning Ordinance. He stated that there are existing lots located on the street easterly of the subject property which contain lesser widths and are smaller in size than the subject lot. He stated that imposing a special regulation on this particular lot would constitute establishing a special regulation on a lot which is larger than other lots on the same side of Pacific Drive. Commissioner Kurlander stated that he can not support the proposed amendment to the motion in considering the size of the parcel. He stated that it would be discriminatory to impose a special regulation for a height limitation upon this size of a parcel. Commissioner Allen stated that the application being considered by the Planning Commission is requesting an exception to the Subdivision Code. Therefore, she stated that the Planning Commission has the authority to impose certain regulations upon its approval. Commissioner Goff stated that the majority of the residences located on the ocean side of Pacific Drive in this area, are essentially one story and their development cascades down the bluff. He stated that in. this way, the homes located on the inland side of • Pacific Drive can also have a view. He stated that he would like to see this trend continue in the area. -14- COMANSSONERS MINUTES June 9, 1983 c ? m = W c P p D am�xc�m- c� a a a a > > m m w 3 of Newport Beach ROLL CALL I I I I I I I I I INDEX Commissioner Balalis stated that he would be supporting the amendment to the motion. He stated that the applicant should have the right to subdivide the lot, however, the application before the Commission is for an exception to the Subdivision Code, in which the Commission has the authority to impose certain regulations. He stated that allowing one story above the street level, including the maximum allowable square footage, represents a good compromise for both the applicant and the surrounding neighborhood. Mr. Winterburn stated that they had tried not to change the lot lines. However, he stated that they will adjust the lot lines rather than accepting the one story limitation. He then requested that the .item be continued to the next Planning Commission Meeting so that they may adjust the lot lines and Mr. Westover can be present to address the Commission. In response to a question posed by Commissioner Goff, I Mr. Winterburn stated that the lot line was established at this location so as to maintain the existing walkway along the side of the residence on Parcel No. 2. Planning Director Hewicker referred to the proposed amendment and stated that the use of imaginative framing can produce a one story structure which looks like a two story structure. He suggested that the proposed amendment refer to a specific height limit, rather than specifying one story. Y Amendment to the motion by Commissioner Goff, for the Ayes XXX Noes IX X % approval of a height limit, rather than specifying one story, was now voted on, which AMENDMENT FAILED. Ayes IX I X X X Original Motion for approval of Resubdivision No. 750 Noes X by Commissioner McLaughlin, was now voted on, subject to the Findings and Conditions of Exhibit "A ", which MOTION CARRIED: FINDINGS: • 1. That the map substantially meets all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. -15- WN%ApdbbK tK�l MINUTES June 9, 1983 w City of Newport Beach ROLL CALL INDEX 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That if the exceptions were denied, the petitioner would be deprived of a substantial property right enjoyed by others in the area. 4. That the granting of the exceptions are compatible with the objectives of the regulations governing light, air and the public health, safety, convenience, and general welfare. 5. That the proposed resubdivision is in substantial conformance with the General Plan, and that the proposed development is compatible with the objectives, policies, general land uses and programs specified in said plan. • 6. That there are special circumstances or conditions affecting the property in that the proposed parcels are no more nonconforming than other existing parcels in the vicinity. 7. That the granting of exceptions to the Subdivision Code will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. 8. That the project will not have any significant environmental impact. 9. That the design of the subdivision 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 subdivision. • 11111111 1. Thatsa parcel map be filed. -16- June 9, 1983 MINUTES � z m m y City of Newport Beach ROLLCALLI III Jill I INDEX. • • 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 or obtain a building permit prior to completion of the public improvements. 4. That each dwelling 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 displaced sidewalk be reconstructed along the Pacific Drive frontage under an encroachment permit issued by the Public Works Department. The Planning Commission recessed at 9:15 p.m. and reconvened at 9:30 p.m. -17- r'1 u .Motion All Ayes 0 �c m � m Q m x 0 m_ p � XIX June 9, 1983 of Newport Beach Request to amend a previously approved use permit which allowed the establishment of a take -out restaurant in the C -1 -H District and waived all of the required off - street parking spaces. The proposed amendment is a request to enlarge the existing kitchen area and install a glass and metal canopy over the existing outdoor eating area of the Gina's Pizza facility. The proposal also includes a request to waive the additional off - street parking spaces associated with the requested alterations. MINUTES INDEX Item #5 LOCATION: Parcel No. 1 of Parcel Map 163 -23 (Resubdivision No. 673) located at 420 Iris Avenue, on the southeasterly side Iris Avenue, between East Coast Highway and First Avenue, in the Albertson's Shopping Center in Corona del Mar. APPROV CONDI- ZONE: C -1 -H m_......r APPLICANT: Giovanni Costa, Corona del Mar OWNERS: E. M. Smith and Ramona Smith, Newport Beach The public hearing opened in connection with this item and Mr. Lyle Buttermore, representing the applicant, appeared before the Commission and requested approval of the amended use permit. Motion was made for approval of Use Permit No. 1761 (Amended), subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Costal Program Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. I" June 9, 1983 � x � r c N. City of Newport Beach MINUTES ROLL CALL I III Jill I INDEX 3. That the waiver of the development standards as they pertain to parking, parking lot illumination, circulation, walls, landscaping and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 4. That the proposed use does not represent an intensification of use that will result in an increased parking demand for the area. 5. The approval of Use Permit No. 1761 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 1 1 1 1 1 1 1 1 CONDITIONS: • 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevation. 2. That the development standards related to all of the required offstreet parking spaces, parking lot illumination, building setbacks, circulation, walls, landscaping, and utility requirements are waived. 3. That no alcoholic beverages shall be sold or consumed at the restaurant. 4. That the additional parking space shall be waived. 5. That the restaurant facility shall not be open for business prior to 7:00 a.m. or after 10:00 p.m. 6. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or storm drains if required by the Building Department. - - -19- COMMISSIONERS MINUTES June 9, 1983 � x ro m > City of Newport Beach R INDEX u 7. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code if required by the Building Department. 8. That a trash compactor shall be installed in conjunction with the expanded kitchen. 9. That all employees shall park on -site- at all times. 10. That trash receptacles for patrons shall ' be provided in convenient locations inside and outside the building. 11. That all applicable conditions of approval of the original Use Permit No. 1761 shall be maintained. 12. That this approval shall be for a period of two . years, and any extension shall be subject to the approval of the Modifications Committee. -20- n x �c ro � 3 c m m y June 9, 1983 of Newport Beach MINUTES INDEX Request to establish a take -out Haagen -Dazs ice cream item #6 shop with incidental seating located in the SP -5 District on Mariners' Mile. The proposal also includes a request to waive a portion of the required off - street parking spaces in conjunction with the proposed ice cream facility. LOCATION: A portion of Lot A of Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, on Mariners' Mile.- ZONE: SP -5 - APPLICANT: Yahn -Heck Ent. Inc., Corona del Mar -- APPROVED OWNER: - - Susan CUSe, Santa Ana - CONDI- TIONALLY • The public hearing opened in connection with this item and Mr. Wayne Heck, the applicant, appeared before the Commission and requested approval of the use permit. Motion Motion was made for approval of Use Permit No. 3040, All Ayes X X X X.X X subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required parking spaces, will not. be detrimental to adjoining properties. • ( I I ( I I I 4. The Police Department has indicated that they do not contemplate any problems. -21- n x � r c c m m D Qm�xc�� > > m m m o ROLL CALL June 9, 1983 of Newport Beach MINUTES 5. The approval of Use Permit No. 3040 will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: - - 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building or be screened from West Coast Highway and adjoining properties until scheduled trash pick -up occurs. • 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 5. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the parking spaces shall be waived. 6. That 23 of the 26 required parking spaces be waived. 7. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 8. That no cooking, or any food preparation other than ice cream and related products, shall be permitted in the take -out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. • 9. That all employees shall park on -site at all times. —22— • ' 1 MINUTES June 9, 1983 � r c m N. f I City of Newport Beach C 6 5 p _m 10. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 11. That prior to the issuance of a building permit, the applicant's interest in the 12 feet of right -of -way needed to widen West Coast Highway to master plan standards be dedicated to the City. The applicant's use of property would not be affected until such time as the City acquires the underlying fee to the property and widens the highway. 12. That the applicant shall agree that the expanded use will not increase the need for on- street parking along West Coast Highway, and that the applicant agrees to not contest the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. -23- INDEX E Motion All Ayes • n � rL r C m - W 3 C m m D am�xc�m- c MINUTES June 9, 1983 of Newport Beach Request to amend the Harbor View Hills Planned Community text so as to include 2.4 acres of the Metropolitan Water District Reservoir site (Annexation No. 89) within the boundaries of the Planned Community and designate said land for reservoir caretakers' use. The proposal also includes the addition of a 1.1 acre site (Resubdivision No. 734) for three custom residential lots, to Area 11 of the Planned Community, and the acceptance of an environmental document: The proposal will also amend a portion of Districting Map No. 63 so as to reclassify both sites from the Unclassified District to the Planned Community (P -C) District. LOCATION: A portion of Block 97 of Irvine's Subdivision, located at 34 and 36 Ridgeline Drive and 1, 2 and 3 Strafford, on the northerly side of Ridgeline Drive, southerly of Napoli and adjacent to Area 11 of the Harbor View Hills Planned Community. ZONE: Unclassified APPLICANTS: The Irvine Company, Newport Beach, and the Metropolitan Water District of Southern California, Los Angeles OWNERS: Same as applicants Staff advised that the applicant for Item No. 7 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of June 23, 1983. Motion was made to continue this item to the Planning Commission Meeting of June 23; 1983, which. MOTION CARRIED. x a x -24- INDEX Item #7 AMENDMENT No. 590 Continued to June 23, 1983 n U MiSSIONERS MINUTES June 9, 1983 n 7C � r m m City of Beach ADDITIONAL BUSINESS 2166 East Coast Highway Planning Director Hewicker stated that he had received a letter from a Mr. Paul Tostberg of Traditional Detailers, located at 2166 East Coast Highway which performs the service of hand washing, waxing and detailing of automobiles. He stated that the business is currently operating without the benefit of a use permit. He stated that Mr. Tostberg has requested that his business be allowed to remain on a temporary basis, until such time as he can secure a use permit. Planning Director Hewicker stated that he has advised Mr. Tostberg that a use of this nature would require the drainage system to be connected to the sanitary sewer system. He stated that the use of the premises would also require the filing of a resubdivision so as to create a separate parcel. Mr. Paul Tostberg, resident of 224 Via Ithaca, appeared before the Commission and stated that he is currently leasing the property located behind the Flowerman, which is an ideal location for this type of service. He stated that he has owned and operated the service for the past two years, which until recently, has-been a mobile service. Mr. Tostberg requested that he be granted a temporary use permit, until such time as he can submit his plans for a use permit application. Mr. Don Webb, City Engineer, stated that in addition to the use being connected to the sanitary sewer system,'. the pad will also have to be graded in such a manner that only the wash water could enter it. He stated that in most instances, a permanent structure is required to cover the drain. Mr. Tostberg stated that they currently obtain their water from an existing water meter attached to a fire hydrant on a temporary basis. Mr.. Robert Burnham, Commission that this .hearing. He stated t] only be appropriately hearing. City Attorney, reminded the item is not a noticed public iat many of these questions. can addressed at a noticed public _25_ INDEX ADDITIONAL BUSINESS June 9, 1983 � r c m w City of Newport Beach C s 6 j p Mr. Burnham suggested that the Planning Commission could defer legal action on the property located at 2166 East Coast Highway and direct the individual to apply for a use permit application by June 24, 1983. MINUTES In response to a question posed by Planning Director Hewicker, Mr. Tostberg stated that he has obtained a business license from the City of Newport Beach to do business at this location. Commissioner Allen requested that the Harbor View Hills Community Association be notified of the public hearing on this item. Motion X Motion was made to defer legal action on the property Ayes X X X X x located at 2166 East Coast Highway and direct Mr. Noes X X Tostherg to apply for a use permit application by June 24, 1983, which MOTION CARRIED. Ad Hoc Committee Appointment The Planning Commission recommended to the City Council that Chairman King and Commissioner Goff be appointed to serve on the Ad Hoc Committee for revisions to the Open Space and Recreational Element of the General Plan. x Use Permit No. 1852 Motion X Motion was made to set for public hearing on July 7, All Ayes X X X X X x x 1983, to consider revocation proceedings on Use Permit No. 1852, Hassan's Cafe, located at 3325 Newport Boulevard, for failure to purchase required in -lieu parking permits from the City, - which - MOTION CARRIED. • IIIIIIII -26- INDEX MMdSSIONERS MINUTES June 9, 1983 3 � m = a m m City of Newport Beach R O L L CALL 1 1 1 1 1 1 1 1 1 INDEX Excused Absence - Motion X Motion was made for an excused absence for Chairman All Ayes Y X X X X X X King from the Planning Commission Meeting of June 23, 1983, which MOTION CARRIED. IA There being no further business, the Planning Commission adjourned at 10:10 p.m. Dave Goff, Secretary Planning Commission City of Newport Beach _27_