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HomeMy WebLinkAbout06/21/1990COMMISSIONERS REGULAR PLANNING COMMISSION MEETING MINUTES 0 0 d PLACE: City Council Chambers TIME: 7:30 P.M. DATE: June 21, 1990 CITY OF NEWPORT BEACH ROLL CALL I I I J i l l I I INDEX Present I * I * I * I * I * I * I * I All Commissioners were present. * s s EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Don Webb, City Engineer Dee Edwards, Secretary Minutes of June 7. 1990: Minutes of n * Motion was made and voted on to approve the June 7, 6 -7 -90 All Ayes 1990, Planning Commission Minutes. MOTION CARRIED: Public Comments: Public Comments No one appeared before the Planning Commission to speak on non - agenda items. i i Y Posting of the Agenda: Posting of James Hewicker, Planning Director, stated that the Planning the Agenda Commission Agenda was posted on Friday, June 15, 1990, in front of City Hall. Request for Continuances: Request • for James Hewicker, Planning Director, requested that Item No. 6, continuance Amendment No. 708, be continued to the July 5, 1990, Planning Commission meeting. COMMISSIONERS CITY OF NEWPORT BEACH June 21, 1990 MINUTES iiiiiiiii ROLL CALL I I I J i l l I i INDEX Motion Motion was made and voted on to continue Item No. 6, All Ayes Amendment No. 708, to the July 5, 1990, Planning Commission meeting. MOTION CARRIED. Resubdivision No. 931 (Public _Hearin Request to resubdivide two existing lots into two parcels of land for a two family residential condominium development on each parcel on property located in the R -2 District. LOCATION: Lots 1 and 3, Block 543, Corona del Mar, located at 501 and 503 Poppy Avenue, on the northwesterly corner of Poppy Avenue and Second Avenue, in Corona del Mar. ZONE: • I I I I I I I I OWNERC: ENGINEER: F;F Wayne Florian, Tustin Same as applicant Duca - McCoy, Inc., Corona del Mar The public hearing was opened in connection with this item. There being no one to appear before the Planning Commission on behalf of the applicant or to be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve Resubdivision No. All Ayes 931, subject to the findings and conditions in Exhibit "A ". MOTION CARRIED. FINDINGS: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 12 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 -2- Item No.l R931 Approved COMMISSIONERS & \ \� \ o� CITY OF NEWPORT BEACH June 21, 1990 MINUTES ROLL CALL INDEX 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. CONDITIONS: 1. That a parcel map be recorded prior to issuance of building permits unless otherwise approved by the Public Works Department. That the parcel map 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 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 intersection of Second Avenue and the alley be designed to provide adequate sight distance. The sight plane line shall be measured from 5 feet behind street right -of -way at the alley setback line and projected 15 feet along the property line on Second Avenue. 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. 6. That a 10 foot radius comer cutoff at the comer of Second Avenue and Poppy Avenue shall be dedicated to the public. -3- June 21, 1990 COMMISSIONERS MINUTES O� CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That the displaced and cracked sidewalk along Poppy Avenue be reconstructed; that the displaced curb and gutter along Second Avenue be reconstructed and the tree root pruned; that a sidewalk be constructed along the Second Avenue frontage and that the curb return at the comer of Poppy Avenue and Second Avenue be reconstructed with a 20 foot radius and a curb access ramp. 8. That the Public Works Department plan check and inspection fee be paid. 9. That all vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City. 10. That access and parking shall be subject to further review and approval by the City Traffic Engineer. 11. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section • 19.24.140 of the Municipal Code. 12. That a park dedication fee for three dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 13. 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. Use Permit No. 3385 (Public Hearing) Item No.2 Request to permit the construction of a new restaurant facility UP3385 and related pavilion on property located in Office Site 'S" of the Koll Center Newport Planned Community which will replace an Approved existing nonconforming restaurant which was established prior to the use permit requirement for restaurants in the Koll Center Newport Planned Community. The subject restaurant will continue to include the service of on -sale alcoholic beverages. The proposal also includes a modification to the Koll Center -4- COMMISSIONERS 0 � y y • ��� 0� Y �n� �� � CITY OF NEWPORT BEACH June 21, 1990 MINUTES ROLL CALL INDEX Newport Planned Community Development Standards so as to allow a ground sign which exceeds 4 feet in height. LOCATION: Parcel 1, Parcel Map 60-14 (Resubdivision No. 430) located at 4300 Von Karman Avenue, on the southeasterly side of Von Karman Avenue, between MacArthur Boulevard and Birch Street, in the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: Dennis G. Lee, Los Angeles OWNER: MTK Corporation of America, Irvine The public hearing was opened, and Mr. Dennis Lee, 707 Wilshire Boulevard, Los Angeles, applicant, appeared before the Planning Commission wherein he concurred with the findings and is conditions in Exhibit "A ". There being no one else to appear before the Planning Commission, the public hearing was closed at this time. In reference to questions posed by Commissioner Merrill regarding the restaurant's operating hours, William Laycock, Current Planning Manager, explained that the hours of operation that are limited between 5:00 am. and 2:00 a.m. daily as suggested in Condition No. 15 in Exhibit "A ", are based on the restaurant's ability to provide adequate parking. Motion Commissioner Pers6n made a motion to approve Use Permit No. 3385, subject to the findings and conditions in Exhibit "A ", with the exception that Condition No. 15 be amended to limit the operating hours from 6:00 a.m. to 2:00 am. daily inasmuch as the Alcoholic Beverage Control laws require that restaurants not be open between the hours of 2:00 a.m. and 6:00 a.m. and also All Ayes it is not necessary to open the restaurant at 5:00 a.m. Motion was voted on, MOTION CARRIED. FINDINGS: . 1. The proposed restaurant is consistent with the General Koll Newport Planned Community Plan and the Center -5- COMMISSIONERS June 21, 1990 MINUTES CALL 0 CITY OF NEWPORT BEACH Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking and off -site reciprocal parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of the developer in accordance with Section 20.80.060 of the Municipal Code. 6. The Police Department has no objections with the proposed development. 7. That the waiver of development standards as they pertain to walls and storage will not be detrimental to the adjoining properties given the developed characteristics of the existing facility and also the Koll Center Newport Planned Community Development Standards adequately address all other restaurant development standards. 8. That the proposed modification for the monument sign 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. 9. That the approval of Use Permit No. 3385 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. 0 INDEX 1990 , COMMISSIONERS June 21MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs, other than the proposed monument sign included in this application, shall conform to the provisions of the Koll Center Newport Planned Community Development Standards. 3. That the proposed monument sign shall be limited to a maximum height of nine (9) feet and shall have a maximum actual or projected footprint of twenty-one (21) square feet. Also that the final location of the proposed monument sign shall be approved by the City Traffic Engineer for sight distance. 4. That the design of the proposed covered walkway and koi . pond to be located over the city's storm drain easement be approved by the Public Works Department and that an encroachment agreement be executed by the owner approved by the City Council. The agreement will allow the owner to construct the improvements with the understanding that the city has the right to remove the encroachments if necessary for repair, replacement or maintenance of the existing storm drain. The owner will be responsible for the replacement of the improvements including all costs. The city would be held harmless from all liability associated with the existence of these improvements. S. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. -7- COMMISSIONERS June 21, 1990 MINUTES CITY OF NEWPORT BEACH CALL 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That restaurant development standards pertaining to walls and storage shall be waived. 9. That dancing or live entertainment shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. is12. That one parking space for each 40 sq.ft. of "net public area" in the restaurant facility shall be provided on -site and within the adjacent parking areas governed by the reciprocal parking agreement for Koll Center Newport Office Site "B ". 13. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 15. That the hours of operation shall be limited between the hours of 6:00 a.m. and 2:00 a.m, daily, unless an amended use permit is approved by the Planning Commission. • 16. That the applicant shall provide proof of reciprocal parking rights within the off -site pool parking area or shall obtain the approval of an off -site parking agreement for El INDEX COMMISSIONERS June 21; 1990 MINUTES CALL CITY OF NEWPORT BEACH 9 parking spaces in accordance with Section 20.30.0351) of the Newport Beach Municipal Code. 17. That the Planning Commission may add or modify conditions of approval to the 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. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Variance No. 1165 (Public Hearine) • Request to permit the construction of a single family dwelling on property located in the R -1 District which exceeds the 24 foot basic height limit in the 24/28 Foot Height limitation District. The proposal also includes a request to permit the new construction to exceed the height of top of curb on Ocean Boulevard to the extent that the existing garage and fence currently extend above top of curb (varies between 4 feet 6 inches ± and 8 feet 6 inches ±). The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 10 feet into the required 10 foot front yard setback. LOCATION: A portion of Block A, Corona del Mar, located at 3725 Ocean Boulevard, on the southwesterly side of Ocean Boulevard between Poinsettia Avenue and Poppy Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Dan Hangsleben, Costa Mesa OWNERS: Kay and Virginia Smallwood, Corona del Mar Ia INQEX Item No.3 V1165 Cont'd to 7 -5 -90 COMMISSIONERS MINUTES ,e o ,� �, June 21, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX James Hewicker, Planning Director, addressed the changes to the Newport Beach Municipal Code regarding the permitted height of construction on the ocean side of Ocean Boulevard and the existing regulations at top of curb, and what constitutes a new dwelling and a remodel under the nonconforming standards. He distributed photographs depicting the existing structure, and adjoining lots where several variances were approved by the Planning Commission to exceed the height of top of curb on Ocean Boulevard. Mr. Hewicker explained that the existing structure, that will be demolished, varies in height from 8 feet 6 inches from top of curb to 4 feet 6 inches above top of curb, and he defined Variances No. 1151 located at 3719 Ocean Boulevard, No. 1129 located at 3713 Ocean Boulevard, and No. 1124 located at 3317 Ocean Boulevard. Mr. Hewicker concluded that there is justification to grant a variance based on the topography of the site; however, he indicated that the public view should be considered inasmuch as the existing structure is proposed to be demolished. by Chairman Pomeroy, Mr. In response to a question posed Hewicker explained that if the existing structure would be remodeled and not demolished, then the recently adopted non- conforming regulations would be evaluated accordingly. William Laycock, Current Planning Manager, distributed photographs that were submitted by the applicant. Chairman Pomeroy, Commissioner Debay, and Mr. Hewicker discussed the height of the existing structure and the foregoing dwellings that were constructed above top of curb on Ocean Boulevard. The public hearing was opened in connection with this item, and Mr., Dan Hangsleben, applicant, appeared before the Planning Commission. Mr. Hangsleben determined that it would be difficult to remodel the existing dwelling based on the condition of the building's foundation, and he indicated that the proposed structure would be in compliance with the height of the adjacent dwellings above top of curb. Mr. Hangsleben stated that the proposed plans were submitted to the City prior to the approval • of the nonconforming regulations. -10- COMMISSIONERS MINUTES 1o�o �� � June 21, 1990 o,� � CITY OF NEWPORT BEACH ROLL CALL INDEX Mr. Neil Mitchell Cowan, Architect, appeared before the Planning Commission. He explained that the proposed structure has been designed to conform with the bluff, the structure's appearance from Ocean Boulevard will not significantly change from the existing construction, and the building will comply with the heights of the adjacent structures. In response to a question posed by Chairman Pomeroy with respect to the height of the garage, Mr. Cowan replied that the existing garage is 8 foot 6 inches above top of curb, and if the proposed garage were lowered it would be necessary to move it to the location of an existing cypress tree, and the entrance to the structure would require excavation into the bluff. Discussion ensued regarding the height of bedroom ceilings and the driveway slope if the ceiling heights were lowered. Chairman Pomeroy suggested that to capture more of a public view and to lower the structure, the ceiling height of the garage could be lowered from 8 feet 6 inches to 7 feet 6 inches, lower the master bedroom ceiling from 10 feet to 9 feet, and lower the ceiling height of the downstairs bedroom from 9 feet to 8 feet. Commissioner Pers6n indicated that it is important to consider the variance as a request to construct a new single family dwelling, not as a remodel, and the heights of the aforementioned adjacent structures will not influence his decision. Commissioner Pers6n stated that when a variance is considered, it is important to maximize the public view from public places without taking away the property rights of the applicant. Robin Flory, Assistant City Attorney, stated that under the adopted nonconforming provisions of the Municipal Code, a building is considered a remodel when at least 25 percent of the existing structure remains. Commissioner Debay addressed the importance to maintain the public view from Ocean Boulevard. She stated that if variances are granted based on adjacent structures, then a precedent would be set that could obstruct public views. • -11- COMMISSIONERS CALL • 0 June 21, 1990 MINUTES CITY OF NEWPORT BEACH Commissioner Pers6n pointed out that on the basis that the applicant filed for a new structure, and not a remodel, the adopted nonconforming statute would not apply to the subject variance. In response to a question posed by Commissioner Pers6n, Ms. Flory explained that nonconforming status of an existing building is not a factor when considering findings for a variance if the existing structure is demolished. Only the property should be considered and what is unusual about the topography of said property when considering a variance to exceed the permitted height, and whether the applicant is denied a substantial property right to construct on the site. She indicated that a request for a specific size of building exceeding the structure that exists is not a factor that should be considered. Ms. Flory further explained that the adjoining properties are not a consideration in conjunction with a variance to exceed the height on the subject property. Mr. Hewicker addressed the adopted nonconforming regulations that pertain to remodeling a structure. Commissioner Pers6n pointed out that if the applicant requested to remodel the existing 1,400 square foot structure and to increase the area of the structure to 5,200 square feet, then on that basis the structure should be considered a new building. Commissioner Debay stated that based on the comments in the staff report indicating that the applicant has requested to increase the height of the building to match the existing dwelling, the proposed height of the building exceeds the height that presently exists on the site. Commissioner Merrill stated that the current intrusion of public view on the property could be increased by the skylights and chimney of the proposed structure. Discussion ensued regarding concerns to maintain public views on Ocean Boulevard and future consideration to reduce the height of structures so as to preserve the views. In response to a comment by Mr. Cowan and a question posed by Commissioner Pers6n, Mr. Hewicker explained that a structure -12- INDEX COMMISSIONERS CALL CITY OF NEWPORT BEACH that was remodeled adjacent to the subject property was constructed in accordance with regulations that no longer exist. In response to questions posed by Commissioner Di Sano, Mr. Cowan replied that the age of the current structure is approximately 35 years old, and approximately 10 years of life remains in the structure. Mr. Hewicker responded that if the structure would be damaged by a natural disaster, the property owner would be allowed to reconstruct the structure subject to the approval of a use permit. Commissioner Di Sano addressed the Planning Commission's responsibility to consider public views and property rights. In response to a question posed by Commissioner Pers6n, Mr. Cowan replied that the applicant would agree to continue the subject variance for two weeks. Commissioner Glover stated that the applicant should not feel . that by lowering the ceilings as suggested earlier that the project would be automatically approved. Rather that the lowering of ceiling heights is only suggested as a guideline and that the applicant should return with a design which not only meets his needs, but also reflects the responsibility of the Commission to protect public views of the ocean over the project. Motion I I I I I I I * Motion was made to continue Variance No. 1165 to the July 5, 1990, Planning Commission meeting. Commissioner Pers6n suggested that the applicant _come back with revised plans that incorporate Chairman Pomeroy's previous recommendations, as well as to consider what was accomplished on the property located at 3713 Ocean Boulevard where the garage was permitted to exceed the height of curb by 3 feet but the remaining portion of the structure was constructed at or below the top of curb on Ocean Boulevard. Commissioner Merrill addressed his concern regarding the size and the affect on the public view of the center skylight: Motion was voted on to continue Variance No. 1165 to the July All Ayes 5, 1990, Planning Commission meeting. MOTION CARRIED. • -13- MINUTES INDEX COMMISSIONERS MINUTES �� mad o� June 21, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX Variance No. 1166 (Public Hearing) Item No.4 Request to permit a portion of a roof; a skylight and a V1166 decorative 12 inch ball on top of the roof to exceed the allowable building height in the 24/28 Foot Height Limitation in Approved conjunction with the remodeling of an existing single family dwelling on property located in the R -1 District. LOCATION: Lots 5 and 6, Block 141, Corona del Mar, located at 3512 Ocean Boulevard, on the northeasterly side of Ocean Boulevard, between Narcissus Avenue and Orchid Avenue, in Corona del Mar. ZONE: R -1 APPLICANT: Himes- Peters -Mason Architects, Inc., Costa Mesa OWNER: Richard C. Hunsaker, Corona del Mar James Hewicker, Planning Director, distributed photographs of the subject site to the Planning Commission. He compared the design of the proposed nonconforming roof structure with the existing conforming roof structure. Commissioner Glover and Chairman Pomeroy indicated that the existing structure is much more massive than the proposed structure. The public hearing was opened in connection with this item, and Mr. Ken Himes, Architect, appeared before the Planning Commission on behalf of the property owner wherein he concurred with the findings and conditions in Exhibit "A ". Mr. Himes indicated that the proposed structure will be more compatible with the neighborhood, will be less obtrusive by lowering the roof elevation, and will introduce light and ventilation into the structure. There being no others desiring to appear and be heard, the • public hearing was closed at this time. -14- COMMISSIONERS June 21, 1990MINUTES o.o ddd. dcn CITY OF NEWPORT BEACH ROLL CALL INDEX Motion Motion was made and voted on to approve Variance No. 1166 All Ayes subject to the findings and conditions in Exhibit "A' on the basis that the proposed structure would be less obtrusive. MOTION CARRIED. Findings 1. That there are exceptional or extraordinary circumstances applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, building, and /or uses in the same district inasmuch as the existing structure presently meets the permitted height limit and is constructed to the maximum allowed. 2. That the granting of a variance to allow the structure to further exceed the 24/28 foot height limit requirement is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed roof alteration is less obtrusive than a conforming roof structure would be and the proposed development will not extend above the height of the existing roof which currently meets the permitted height limit. 3. That the granting of such application will not, under the circumstances of the .particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood inasmuch as the proposed roof alteration will not obstruct views from the adjoining residential properties. Conditions 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations with . attached color rendering except as noted below. -15- COMMISSIONERS MINUTES June 21, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 2. That a Coastal Permit issued by the Coastal Commission shall be obtained prior to the issuance of building permits for the proposed roof alterations which are the subject of this application. 3. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. a s x Variance No. 1167 (Public Hearing) Item No. 5, Request to permit the as-built construction of a new residential v1167 duplex on property located in the R -2 District which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation Approved District. • LOCATION: Lot 12, Block 3, Balboa Tract, located at 410 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between Cypress Street and Adams Street, in Central Balboa. ZONE: R -2 APPLICANT: Frank Ioffrida, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. Pete Rose, Architect, appeared before the Planning Commission wherein he concurred with the findings and conditions in Exhibit "A'. He submitted photographs of the adjacent area so as to compare the height of the subject project with the neighboring structures. Mr. Frank Ioffrida, applicant, appeared before the Planning Commission. He explained the circumstances that led up to the structure exceeding the height limit by 6 inches. There being no others desiring to appear and be heard, the public hearing was closed at this time. -16- COMMISSIONERS MINUTES ,.o „.6 „, ., ,� , June 21, 1990 0 \ \ \ \ \ \ \\ CITY OF NEWPORT BEACH ' ROLLCALI-111 Jill I I INDEX Motion I I I I I I * I Motion was made and voted on to approve Variance No. 1167 All Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. FINDINGS: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings and /or uses in the same district, inasmuch as the ridge height of the development is one foot 6 inches below the maximum allowable ridge height of 29 feet. r� L.J -17- 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as the proposed structure is of comparable height to other structures on the adjoining • properties. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of a developer per Section 20.82.050 of the Municipal Code. 6. That the proposed development is consistent with the General Plan and the adopted Local Coastal Program, Land Use Plan. r� L.J -17- COMMISSIONERS MINUTES June 21, 1990 CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 3333 and Resubdivision No. 884, as approved by the Planning Commission on January 5,. 1989, be fulfilled. 3. That the average roof height shall not exceed 24 feet 5± inches above natural grade, and the ridge of the roof shall not exceed a height of 27 feet 6± inches. 4. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. . 5. That a Coastal Permit shall be obtained prior to dwelling occupancy of the units. 6. That this variance shall expire unless exercised within 24 months of the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. Amendment No. 708 (Continued Public Hearing) item No.6 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 7 -5 -90 INITIATED BY: The City of Newport Beach James Hewicker, Planning Director, requested that this item be continued to the July 5, 1990, Planning Commission meeting. Motion Motion was made and voted on to continue Item No. 6 to the All Ayes July 5, 1990, Planning Commission meeting. _ MOTION • CARRIED. -18- COMMISSIONERS CALL 0 • CITY OF NEWPORT BEACH ADJOURNMENT: 8:37 p.m. June 21, 1990MINUTES JAN DEBAY, SECRETARY SECRETARY OF PLANNING COMMISSION -19- INDEX