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HomeMy WebLinkAbout06/23/1983COMANSSNONERS REGULAR PLANNING COMMISSION MEETING MINUTES PLACE: City Council Chambers_ TIME: 7:30 p.m. - c m DATE: June 23, 1983 City of Newport Beach tRMOLLM(CALL INDEX *IXIYIYI Chairman King was absent. x x x EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, City Attorney Robert Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT: Christopher Gustin, Associate Planner Donald Webb, City Engineer Pamela Woods, Secretary I I I I I I I( APPROVAL OF * THE *MINUTES Minutes of June 9, 1983 Motion x Motion was made for approval of the June 9, 1983, All Ayes X X X * X X X Planning Commission Minutes, as written, which MOTION CARRIED. x x x Staff advised that the applicant for Item No. 1 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of July 7, 1983. Staff further advised that the applicant for Item No. 9 - Use Permit No. 3042, has requested that this item be continued to the Planning Commission Meeting of July 7, 1983. Motion X Motion was made to continue the above stated items to the Planning Commission Meeting of July 7, 1983. Commissioner Goff referred to Item No. 9 Use Permit . No. .3042 for the Balboa Bakery, and expressed his concern that the applicant is currently operating the business without a valid use permit. -1- June 23, 1983 MINUTES � r c y. City of Newport Beach INDEX Planning Director Hewicker discussed the procedure which is currently utilized with regards to businesses which are operating without proper City permits. Commissioner Balalis expressed his concern that the current 'procedure does not adequately stop the violations as they occur. Mr. Robert Burnham, City Attorney, stated that the-- - Business License Department has been alerted to the problems being discussed. He further stated that many of the violations which occur can not be attributed to the various City departments. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the violation at the Balboa Bakery was brought to the attention of the Planning Department within the last 60 days, by a resident of the area. • In response to a question posed by vice- Chairman Winburn, Planning Director Hewicker stated that it would be appropriate for the Planning Commission to recommend that the portion of the operation which requires the use permit be discontinued, until such time as the applicant has obtained the proper permits from the City and a Coastal permit. Commissioner Goff asked if an increase in the filing fee or some other form of penalty, would be appropriate for businesses which are in operation without obtaining the proper City permits. Mr. Burnham stated that an increase in filing fees would not be appropriate under the guidelines of the Municipal Code provisions. Mr. Burnham explained the differences between the Planning Department filing fees and the Building Department permit fees. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the tables and chairs, hot food and the non -food related items for sale at the Balboa Bakery, are in violation of the Code. IIIIIIII -2- June 23, 1983 MINUTES gym: City of Newport Beach INDEX Substitute Substitute Motion was made to continue Item No. 9 -- Use Motion X permit No. 3042, as it stands, to the Planning Commission Meeting of July 7, 1983. It was further moved that a modified Ordinance be brought back to the Planning Commission, which would require those businesses which are violation, to discontinue that portion of their operation, until such time as the proper approvals have been received. Commissioner McLaughlin concurred. Commissioner Balalis stated that violations of this be suffering a significant financial hardship if that nature must be stopped by a valid City Ordinance. Mr. portion of this operation were to be discontinued until Burnham stated that the City Attorney's Office can the proper approvals are received. Ayes prepare a report and a proposed ordinance for the X X Commissioner Goff , s Substitute Motion was now voted on, Noes K X Planning Commission's consideration. Second X X which SUBSTITUTE MOTION FAILED. Absent A Second Substitute Motion was made to require that the Substitute original portion of the, operation at the Balboa Bakery which Motion Commissioner Balalis withdrew his original Substitute Substitute x requires the use permit, be discontinued, until such Motion. He stated that he would discuss the proposed Motion X time as the proper approvals have been received. ordinance under Additional Business, later this . Commissioner Allen stated that the applicant should be Vice - Chairman Winburn's original motion to continue given the opportunity to discuss the requested X X X * X X X Item No. 1 - Amendment No. 590 and Item No. 9 - Use application, before the Commission takes action on a Permit No. 3042, to the Planning Commission Meeting of discontinuance on a portion of his operation. Commissioner McLaughlin concurred. -3- Commissioner_ Goff stated that the applicant would not be suffering a significant financial hardship if that portion of this operation were to be discontinued until the proper approvals are received. Ayes X X Commissioner Goff , s Substitute Motion was now voted on, Noes K X X X which SUBSTITUTE MOTION FAILED. Absent * original Commissioner Balalis withdrew his original Substitute Substitute Motion. He stated that he would discuss the proposed Motion X ordinance under Additional Business, later this Withdrawn evening. Vice - Chairman Winburn's original motion to continue All Ayes X X X * X X X Item No. 1 - Amendment No. 590 and Item No. 9 - Use Permit No. 3042, to the Planning Commission Meeting of July 7, 1983, was now voted on, which MOTION CARRIED. It -3- � r � m � m Motion X All Ayes IX IX • June 23, 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, the Metropolitan Southern California, OWNERS: Same as applicants Newport Beach, and Water District of Los Angeles Staff advised that the applicant for Item No. 1 - Amendment No. 590, has requested that this item be continued to the Planning Commission Meeting of July 7, 1983. Motion was made to continue this item to the Planning Commission Meeting of July 7, 1983, which MOTION CARRIED. a Em MINUTES INDEX 590 WM/Vtl]SICJIVt" MINUTES June 23, 1983 g x m w m m City of Newport Beach VROLLALL INDEX Request to resubdivide four existing single family Item #2 residential lots into three parcels for single family residential development, and one parcel for street purposes in conjunction with the widening of a portion of Hillsborough. LOCATION: Lots No. 1 through 4 of Tract No. 10151, IRESUB- located at 21, 23, 25 and 27 DIVISI Hillsborough, on the northwesterly NO. 73 corner of Hillsborough and Spy Glass Hill Road, in Harbor Hill. ZONE: P -C APPLICANT: Irvine Pacific, Newport Beach OWNER: The Irvine Company, Newport Beach ENGINEER: Adams, Streeter and Woolsey, Irvine • The public hearing opened in connection with this item and Mr. Bruce Martin, representing the applicant, appeared before the Commission and requested approval of the proposed resubdivision. Planning Director Hewicker referred to Condition No. 12 as listed in the staff report and stated that the word, "served" should be replaced with the word, "reserved ". Motion I J1X11111 Motion was made for approval of Resubdivision No. 735, All Ayes X X * X X X subject to the findings and conditions of Exhibit "A ", with the change to Condition No. 12 as noted, which MOTION CARRIED, as follows: FINDINGS: 1. 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. 2. That the proposed resubdivision presents no • problems from a planning standpoint. -5- APPROVED CONDI- TIONAT.T.V Mi�pan"t'�' MINUTES June 23, 1983 � r c m � m w. City of Newport Beach INDEX 3. 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. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required I by ordinance and the Public works Department. 3. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public . improvements. 4. That each dwelling unit be served with individual water services and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the intersection of the streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscaping, walls, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to approval of the Traffic Engineer. - - 6. That the California Vehicle Code be enforced on the streets and drives, and that delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the streets and drives. _6_ June 23, 1983 � r c m 3 m y. City of Newport Beach 7. That the proposed control gate at the entrance on Hillsborough have a turn - around provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. The control gate shall not be constructed until the abandonment proceedings are completed for Hillsborough, Belmont and Windsor. 8. That easements for public emergency and security ingress, egress and public utilities purposes on all private streets be dedicated to the City and 'that all easements be shown on the parcel map, if the map is recorded after the streets are vacated. 9. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department and Public Works Department. • 10. That a license agreement for non - standard improvements be executed, if it is desired to construct non - standard improvements within the public utility easement areas. I 11. That the extra water service on the west side of Hillsborough be removed, in a manner satisfactory to the Utilities Department. 12. That the existing public streets be converted to private streets using Council Policy No. L -11 prior to construction of the proposed controlled entrance, and that easements be reserved for existing and future utilities. -7- MINUTES INDEX COMMd55K_X*R5 � r c m m MINUTES June 23, 1983 City of Newport Beach ROLL CALL INDEX Request to establish a single parcel of land for the Item #3 expansion of Rothchild's Wine and Cheese Restaurant where one lot, a portion of a second lot, and a portion of an abandoned alley presently exist. LOCATION: Lot No. 1, Block B, Tract No. 740 and a portion of Lot 10, Block 730, Corona del, Mar Tract and a portion of an abandoned RESUB- alley located at 2407 East Coast DIVISION Highway, on the southeasterly corner of NO. 751 _ Begonia Avenue and East Coast Highway, in Corona del Mar. ZONE: C -1 APPLICANT: Raab Engineering Inc., Orange APPROVED OWNER: Helmut Reiss, Corona del Mar CONDI- TIONALLY • ENGINEER: Same as applicant In response to a question posed by Commissioner Kurlander, Planning Director Hewicker stated that the resubdivision application is the result of a condition on a previously approved use permit. Planning Director Hewicker explained the existing lot lines. The public hearing opened in connection with this item and Mr. Jack Weston, representing the applicant and the owner, appeared before the Commission and requested approval of the proposed resubdivision. Motion I IXIXI M otion was made for approval of Resubdivision No. 751, All Ayes * X X lxl subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. 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. 2. That the proposed resubdivision presents no problems from a planning standpoint. -8- �F � r c m = W c ?a 7K C$ Y. Ci 3 m June 23, 1983 MINUTES of Newport Beach 3. 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. CONDITIONS: 1. That a parcel map be recorded. 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 the on -site parking circulation be subject to further review by the Traffic Engineer. • 5. That a 12' foot radius corner cutoff at the corner of Begonia Avenue and East Coast Highway be dedicated to the public and that an encroachment permit be issued permitting the existing wall and pavement sign to encroach into the right -of -way. 6. That full width PCC sidewalk be constructed along the Begonia Avenue frontage under an encroachment permit issued by the Public Works Department. INDEX cVM�tKS MINUTES June 23, 1983 ' ro al m q City of Newport Beach ROLL CALL INDEX Request to install two wall signs, each of which exceed Item #4 the allowable 200 sq. ft. in area, on the Mitsui Manufacturers Bank Building in the Newport Place Planned Community. LOCATION: Parcel No. 1 of Parcel Map No. 120 -27 (Resubdivision No. 386) located at 1301 Dove Street, on the westerly side of Dove Street, at the intersection of Newport Place Drive and Dove Street, in the Newport Place Planned Community. ZONE: P -C APPLICANT: Mitsui Manufacturers Bank, Newport Beach OWNERS: RREEF USA FUND -ONE, INC., Los Angeles • Planning Director Hewicker presented background information on the modification appeal. He stated that various letters had been received from the Emkay Development Company relating to the proposed signs. He stated that the letters refer to CC &R's which were adopted and relate to private sign restrictions which are more restrictive than the standards which are found in the Newport Place Planned Community text. He stated that the. City can not enforce private CC &R's. He suggested that the Emkay Development Company could apply to the City for an amendment to the Newport Place Planned Community sign standards. Mr. Ernest Wilson, of Langdon and Wilson Architects, the architectural review consultants for the Planned Community, and representing the applicant, appeared before the Commission. Mr. Wilson stated that the original sign regulations were conceived on the basis for a six -story building, whereas the Mitsui Manufacturers Bank Building is a ten -story office building. He stated that the proposed signs have been designed in proportion to the building. Mr. Wilson stated that the sign regulations should be amended to include ten -story buildings, rather than a • six -story maximum height building. He stated that because of the scale of the building, the proposed signs would be compatible with the area. -10- MODIFI- CATION NO. 2851 (APPEAL) APPROVED CONDI- TIONALLY June 23, 1983 1 1 MINUTES City of Newport Beach INDEX Mr. Wilson stated that the applicant would be willing to gather the letters closer together and reduce the spacing, which would reduce the size of the signs to approximately 300 square feet each, which may be an acceptable solution. Commissioner Allen stated that Emkay Development Company has approved signs which are aesthetically compatible with the area. Mr. Wilson stated that Emkay Development Company does not own the site in question. Commissioner Goff asked if the word, "Manufacturers" could be abbreviated on the sign. Mr. Wilson stated that the full legal name must be listed on the sign in accordance with the State banking regulations. Commissioner Balalis stated that the present Sign Ordinance does not make provisions for the height of a building in relationship to the proposed signs. • Planning Director Hewicker stated that a modification would be needed in order for the proposed signs to exceed the allowable 200 square feet in area. Mr. Wilson suggested that the spacing of the letters could be reduced, which would reduce the proposed signs to 234 square feet in area. He stated that the existing building is the only ten -story building located in the 200 acre site and the proposed signs would be in conformance with the established signage character of Newport Place. Planning Director Hewicker stated that if a sign of 200 square feet and a sign of 234 square feet were to be located on identical buildings, it would be difficult to determine the difference. Commissioner Balalis stated that since this is the only ten -story building in the. Newport Place Planned Community, a sign of 234 square feet, would be compatible with the area. In response to question posed by Commissioner McLaughlin, Planning Director Hewicker stated that staff would not have any objections to a sign of 234 • square feet. -11- June 23, 1983 � m m m w. 'I City of Newport Beach Commissioner Allen stated that the freeway identification sign concern expressed at the Modifications Committee Meeting would not be a particular problem in this case. She stated that she would be agreeable to a 300 square foot sign, with the condition that when the Planned Community text is amended, the 300 square foot sign be amended into the Planned Community text. She stated that this would preclude individual parcels which are not within the Planned Community from requesting similar signs. Motion X Motion was made for approval of Modification No. 2851, subject to the findings and conditions of Exhibit "B" with the following revisions: Additional Finding No. 5 shall state, "That because this is the only ten -story building within the Newport Place Planned Community, the approval of Modification No. 2851 will not establish a precedent as far as the enforcement of the • Planned Community text is concerned." and, Condition No. 1 shall state, "That the development shall be in substantial conformance with the approved plot plan and elevations, with the exception that the proposed signs shall not exceed 234 square feet in area." Commissioner Goff stated that although this may not be precedent setting for the Newport Place Planned Community, he questioned if this action may be precedent setting in relationship to the Sign Ordinance. Planning Director Hewicker stated that if the applicant had proposed the 234 square foot signs at the Modifications Committee, the request would most likely. have been approved. He stated that other modifications have been approved under circumstances where a larger sign is considered appropriate. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that approval of the 234 square foot signs would be modifying the size of the signs for this particular building at this location, based upon the fact that it is a ten -story building, as opposed to a lesser story building. IIIIIIII -12- MINUTES INDEX June 23, 1983 m y. City of Newport Beach ROLL CALL All Ayes 111 XI *IX IXIXI Motion for approval by Commissioner Balalis for the 234 square foot signs, was now voted on, which MOTION CARRIED, as follows: FINDINGS: 1. That the size of the proposed signs will not be out of character with the established standards of development for the Newport Place Planned Community. 2. That the proposed signs are in scale and proportion to the ten -story building on which they will be located. 3. That the approval of Modification No. 2851 is consistent with the intent of sign standards for the Newport Place Planned Community and that the proposed signs will be in general conformity to • the established signage character of the area. 4. The proposed identification signs will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in. the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That because this is the only ten -story building within the Newport Place Planned Community, the approval of Modification No. 2851 will not establish a precedent as far as the enforcement of the Planned Community .text is concerned. CONDITION: 1. That the development shall be in substantial conformance with the approved plot plan and elevations, with the exception that the proposed signs shall not exceed 234 square feet in area. MINUTES INDEX June 23, 1983 MINUTES gym: y City of Newport Beach Request to permit the addition of a master bedroom, bath and second floor deck to an existing single family dwelling located in the R -2 District. Said proposal will increase the existing nonconforming conditions of the property inasmuch as (1) the project constitutes an expansion of living area without providing an additional off- street parking space (one space is existing where two spaces are required), (2) the project will further increase the gross floor area beyond the allowable 1.5 times the buildable area of the site; and (3) a modification to the Municipal Code is also requested inasmuch as the proposed addition will encroach into the required front and rear yard setback area. INDEX Item #5 LOCATION: A portion of Lot 12, Block 537, Corona del Mar Tract, located at 3121 Third APPROVED Avenue, on the southerly side of Third - CONDI- Avenue, between Jasmine Avenue and TIONALLY • Larkspur Avenue, in Corona del Mar. ZONE: R -2 APPLICANTS: -Mr. and Mrs. William M. Geyer, _ Corona del Mar OWNERS: Same as applicants Planning Director Hewicker presented background information on the proposed variance. The public hearing opened in connection with this item and Mr. William Geyer, the applicant, appeared before the Commission. Mr. Geyer stated that their small lot presents an exceptional circumstance. He referred to the staff report and the petition containing 35 signatures of surrounding property owners and stated that his neighbors support the proposed variance. He urged the Planning Commission to approve Exhibit "B" for the variance and related modification. Ms. Carol Pangburn, representing the property owner located at 3111 Second Avenue, appeared before the • Commission in opposition to the proposed request and stated that the proposal does not provide adequate parking. -14- June 23, 1983 m m q City of Newport Beach Ms. Pangburn stated that she is representing the owners of a commercial building and that the entire area experiences parking problems. She stated that many of the residents in the area must park their vehicles on the street because of the limited parking_ on their residential lots. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that there would be a major impact to the design of the proposed addition, if two parking spaces were to be required. Motion I I X I I I I I Motion was made for approval of Variance No. 1099, subject to the findings and conditions of Exhibit "A ", which allows for the variance and related modification to exceed the buildable area and provide the required parking. Commissioner Balalis stated that it does not appear feasible to require the applicant to provide the two parking spaces when considering this particular site. He stated that he would be agreeable in allowing the proposed addition, with a condition for a recorded restrictive covenant imposed upon the property that any additional redevelopment or modification to the property An the future, will require that the property be brought into conformance at that time. He stated that this type of approach has been applied to commercial buildings in the past. In response to a question posed by Commissioner Balalis, Mr. Robert Burnham, City Attorney, stated that such a condition would be appropriate. However, he stated that any increase in the buildable area by virtue of further construction, would also require a variance. Mr. Robert Gabriele, Assistant City Attorney, stated that there would not be a legal problem with such a condition. However, he expressed his concern that future Planning Commission's will not _ have the discretion to grant a further variance request, without • I I + I I invoking the current Planning Commission conditions on I this particular item. -15- MINUTES INDEX ., June 23, 1983 :E r c m ^ W w City of Newport Beach Planning Director Hewicker stated that imposing such a condition is placing the current property owner and any future owner of this property on notice that in the event there are any further modifications to the floor plans which result in additional square footage to the structure, the applicant would be required to bring the structure into conformance with the parking, at that time. Planning Director Hewicker stated that there is nothing which would preclude a future applicant from requesting another variance on the property. He stated that a future Planning Commission would not be bound by such a condition, but would certainly be aware of the current Planning Commission's intent. Mr. Lee Wicklin, resident of 3211 Third Avenue, . appeared before the Commission and stated that the proposed addition on the small lot will enhance the neighborhood. Mr. Geyer stated that major costs would be involved with providing the required parking. He stated that they do not anticipate expanding the structure in the future. .He stated that they are agreeable to the restrictive condition as suggested by Commissioner Balalis. He questioned the need for the sidewalk, but stated that they are agreeable in constructing the sidewalk as conditioned in Exhibit "B ". Substitute Substitute Motion was made for approval of Variance No. Motion X 1099, subject to the findings and conditions of Exhibit "B ", with the following revision: Additional Condition No. 5 which would state, "That a restrictive covenant be recorded that in the event there are any further modifications to the floor plans which result in additional square footage to the structure, the property shall be brought into conformance with the Zoning Code pertaining to the parking, at that time." 0 -16- MINUTES INDEX June 23, 1983 � x � r c m " W Q m w City of Newport Beach Commissioner Balalis stated that he has rarely experienced a problem with parking in the area. He stated that the commercial building located on Second Avenue has a parking problem because it does not provide adequate parking for its own use. Ayes Noes IXIX�7CI IXIXIXI on,swhicheSUBSTITUTE MOTIONSFAILEDBalalis was now voted Absent II Planning Director Hewicker explained the problems which arise when determining development standards for legal, nonconforming "half- lots ". He stated that by observing the five foot setback on the interior side, the applicant is actually depriving himself of square footage which could otherwise be built upon. He stated that approving the addition on the second story, allows the applicant to regain some of the square footage. on X Motion was made to reconsider the previous vote, which A X X X X MOTION CARRIED. Noes X X Absent Commissioner Goff suggested that the Substitute Motion be reconsidered with the additional condition that all encroachments into the front, side and rear yard setback areas be limited to a maximum of one foot. Substitute Substitute Motion for approval of Variance No. 1099, Motion subject to the findings and conditions of Exhibit "B ", Ayes X with the following revisions: Additional Condition No. Noes X X 5 which would.state, "That a restrictive covenant shall Absent * be recorded which places the current owner as well as any future owner on notice that should there be any further modifications to the structure which result in a net increase of floor area, said structure shall be brought into conformance with the City's parking regulations as they exist at that time. The wording of said covenant shall be reviewed and approved by the City Attorney prior to recordation." and, Additional Condition No. 6 which would state, "That all encroachments into the front, side and rear yard • setback areas be limited to a maximum of one foot." Substitute Motion was now voted on as follows, which SUBSTITUTE MOTION CARRIED: -17- MINUTES INDEX June 23, 1983 � r c City of Newport Beach 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, buildings and /or uses in the same district inasmuch as the subject property provides inadequate buildable area without the granting of this variance. 2. That the granting of the application is necessary for the preservation and enjoyment of.substantial property rights of the applicant. 3. That the granting of such an application will not, under the circumstances of the particular case, . materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant 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 addition exceeds the allowable floor area by only 167 square feet, adequate open space is provided on the site, and to require the additional required parking space would further reduce the amount of liveable area on the site. 4. That the proposed front, side, and rear yard encroachments will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. • 11111111 1 -18- MINUTES INDEX � r c m " W 5 c m m D June 23, 1983 m CONDITIONS: 99 , 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all improvements be constructed as required . by ordinance and the Public Works Department. 3. That a standard drive apron and sidewalk be constructed along the Third Avenue frontage or as otherwise approved by the Public Works Department. 4. That arrangements be made with the Public Works Department guaranteeing completion of the public • improvements, if it is desired to obtain a building permit prior to completing the public improvements. 9 5: That a restrictive covenant shall be recorded which places the current owner as well as any future owner on notice that should there be any further modifications to the structure which result in a net increase of floor area, said structure shall be brought into conformance with the City's parking regulations as they exist at that time. The wording of said covenant shall be reviewed and approved by the City Attorney prior to recordation. 6. That all encroachments into the front, side and rear yard setback areas be limited to a maximum of one foot. x • k -19- MINUTES. INDEX CUM NLK!) MINUTES June 23, 1983 m ao m m City of Newport Beach . ROLL CALL INDEX Use Permit No. 1908 (Amended) (Public Hearing) Item #6 Request to amend a previously approved use permit which allowed the establishment of the La Strada Restaurant with on -sale alcoholic beverages on property located in the C -1 District. The proposed amendment is to allow. USE PERMIT the addition of live entertainment (i.e. classical or NO. 1908 semi - classical music) inside the building, and the (Amended) addition of six umbrella tables with chairs in the patio area in front of the restaurant to be used for limited serving of soft drinks and ice cream on an occasional basis. AND AND • • Variance No. 1100 (Public Hearin Request to waive all of the required off - street parking spaces in conjunction with the additional "net public Item #7 area" in the patio area of the La Strada Restaurant. LOCATION: Parcel No. 1 of Parcel Map No. 158 -41 (Resubdivision No. 645) located at 3520 East Coast Highway, on the northerly VARIANCE side of East Coast Highway, between NO. 1100 Narcissus Avenue and Orchid Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: Manto -Brady Enterprises, Newport Beach BOTH OWNER: Lola Bernice Baltz Trust, First APPROVED Interstate Bank Trustee, Newport Beach CONDI- TIONALLY Planning Director Hewicker presented background information on the proposed requests. In response to a question posed by Commissioner Goff, Planning Director Hewicker referred to Condition No. 3 of Exhibit "B" and suggested that the condition be worded as follows, "That all music and live entertainment shall be restricted to the interior of the building and shall be generally limited to classical and semi - classical style as proposed by the applicant. -20- June 23, 1983 m m y City of Newport Beach MINUTES _ ROLL CALL I I I l I I I I I I INDEX The public hearing opened in connection with these items and Mr. Bill Thom, representing the applicant, appeared before the Commission. Mr. Thom stated that the live musical entertainment is being requested to provide the old -world ambiance for the new image of the restaurant. He stated that the request for the tables, chairs and umbrellas in the patio area will be for the purpose of patrons waiting for inside service and also will provide for a European atmosphere. He stated that they have no intentions of serving food or alcoholic beverages in the patio area. He further stated that the net public area of the restaurant will not be increased because there will be no service of additional customers with the proposed use of the patio area. In response to a question posed by Commissioner Goff, Mr. Thom stated that they are willing to stipulate that the cocktail area would not be utilized for the service • of food, with the exception of hors d'oeuvres. Mr. Thom further stated that there would be no service of alcoholic beverages or food in the patio area. Mr. Thom stated that the request for the outside tables on the patio area is for the purpose of visibility and attraction. Mr. Thom stated that they envision only evening service hours, no daytime service hours are being requested at this time. Commissioner Balalis stated that if a lunch service is anticipated, this would be the time to include such service into the requested use permit. In response to a question posed by Commissioner Balalis, Planning Director Hewicker stated that the applicant is currently allowed to operate under the existing use permit during the lunch hour, but at a reduced floor area on the interior of the building. Mr. Thom stated that there is currently not a demand for the lunch service, however, he stated that the applicant would be desirous of keeping the lunch service option. Vice- Chairman Winburn commended the applicant for keeping his parking lot open during the day for the public to utilize, even .though the applicant himself does not utilize the parking lot during the day. -21- June 23, 1983 � r c m ^ W m w City of Newport Beach MINUTES INDEX Mr. Thom stated that since the applicant has been in operation, not even half of the parking spaces have been utilized by the restaurant use. In response to a question posed by Vice - Chairman winburn, Mr. Thom stated that they will stipulate that there will be no food service in the patio area. However, he stated that if the patio area is deemed to be public service area, rather than a visual enhancement to the restaurant use, he stated that the applicant would then request to close down the corresponding square footage inside the building, with the provision that food service be allowed in the patio area. Planning Director Hewicker suggested that the applicant . could continue to be open during the lunch hour, on a limited square footage inside the building and have the patio area; and, be open with the full square footage during the evening hours and have the patio area, with the stipulation that there be no alcoholic beverages or food served on the patio area. He stated that this would be preferable to having the staff police whether or not the applicant is utilizing the interior of the building for food service. He stated that it is much easier for the staff to observe what is occurring in the outside patio area. Planning Director Hewicker also suggested that there could be a review at the end of six months of the patio operation. He stated that at the six month review, the patio operation can be allowed to continue as approved, or the patio operation can be modified. Planning Director Hewicker further suggested that an additional condition be imposed which would relate to the maintenance of the parking lot, providing for the replacement of the wheel stops and the removal of the weeds which would enhance the appearance of the. • existing parking lot. -22- June 23, 1983 � x . m w m m y City of Newport Beach Motion X Motion was made for approval of Use Permit No. 1908 All Ayes X X X * X X X (Amended) and Variance No. 1100, subject to the findings and conditions of Exhibit "B ", with revisions suggested by the Planning Director relating to the service hours and square footage; stipulation that there shall be no alcoholic beverages or food served in the patio area; review at the end of six months by the Modifications Committee for the patio operation; condition relating to the maintenance of the parking lot; and, revision to Condition No. 3 relating to the music and live entertainment, which MOTION CARRIED, as follows: 12010 "ke�r 1. That the proposed addition of six umbrella tables with chairs in the front patio area of the subject restaurant and the addition of live entertainment . will not significantly increase the parking demand for the restaurant, inasmuch as the tables will have limited use as a secondary waiting area and the serving of after - dinner espresso and coffee to diners. 2. That the granting of a variance to waive a portion of the required off - street parking spaces is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. The waiver of the additional parking spaces for the subject restaurant and the addition of live entertainment (i.e. semi - classical and classical music) will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: • 1. That all previous conditions of approval for Use Permit NO. 1908 (Amended) as approved by the City Council on February 22, 1982, shall be fulfilled. -23- MINUTES INDEX • June 23, 1983 m ° y City of Newport Beach 2. That no more than six umbrella tables and 24 chairs shall be permitted in the front patio area of the restaurant. 3. That all music and live entertainment shall be restricted to the interior of the building and shall be generally limited to classical and semi - classical style as proposed by the applicant. 4. That no alcoholic beverages or food of any kind shall be served in the patio area. 5. That the proposed restaurant shall be in substantial conformance with the submitted floor plan and site plan. 6. That the applicant may continue to be open during the lunch hour, on a limited interior square footage basis as previously approved, and, may continue to be open during the evening hours with the full interior square footage as previously approved. 7: That the use of the patio area shall be reviewed at the end of six months by the ,Modifications Committee. 8. That all weeds and debris in the parking lot shall be removed and all broken wheel stops replaced. The parking lot shall be kept clean and well maintained at all times. • * x The Planning Commission recessed at 9:15 p.m. and reconvened at 9:25 p.m. a -24- MINUTES COMAAfNC)NERS MINUTES June 23, 1983 m m City of Newport Beach ROLL CALL. INDEX Request to change the operational characteristics of a Item #8 previously established restaurant with on -sale alcoholic beverages (i.e. Class of 47) so as to discontinue the service of food and operate the facility as a cocktail lounge. The proposal also includes a request to establish a take -out restaurant with incidental seating and on -sale beer and wine, and a request to waive all of the required off - street USE PERMIT parking spaces in conjunction with the take -out NO. 3041 restaurant use. Planning Director Hewicker presented background information on this item. He stated that the take -out restaurant "Papagayo ", which occupies the kitchen and storage room of the "Class of 47" cocktail lounge, has been operating illegally for the past six months, without the benefit of a use permit, building permit, plumbing permit, business license, Alcoholic Beverage Control license, or Coastal permit. The public hearing opened in connection with this item and Mr. Robert Stanley, father -in -law of the applicant, appeared before the Commission. Mr. Stanley stated that the applicant has worked in many of the restaurants on the Peninsula. He stated that when the take -out restaurant was established at this location, it was believed that the location was already licensed for a bar and a restaurant use. He stated that the restaurant and patio area have been upgraded by the • applicant. He stated that the applicant never intended the use as a take -out restaurant, but rather envisioned tables and umbrellas for the use of the customers. -25- LOCATION: Lots No. 5, 6 and 7, Block 5, Balboa Tract, located at 209 and 20911 Palm Street, on the southwesterly corner of Palm Street and East Bay Avenue, in Central Balboa. Continued ZONE: C -1 to July 7, 1983 APPLICANT: Bruce Davidson, Balboa OWNER: Estate of Albert Gilbert, Security Pacific Bank, Administrator, Newport Beach Planning Director Hewicker presented background information on this item. He stated that the take -out restaurant "Papagayo ", which occupies the kitchen and storage room of the "Class of 47" cocktail lounge, has been operating illegally for the past six months, without the benefit of a use permit, building permit, plumbing permit, business license, Alcoholic Beverage Control license, or Coastal permit. The public hearing opened in connection with this item and Mr. Robert Stanley, father -in -law of the applicant, appeared before the Commission. Mr. Stanley stated that the applicant has worked in many of the restaurants on the Peninsula. He stated that when the take -out restaurant was established at this location, it was believed that the location was already licensed for a bar and a restaurant use. He stated that the restaurant and patio area have been upgraded by the • applicant. He stated that the applicant never intended the use as a take -out restaurant, but rather envisioned tables and umbrellas for the use of the customers. -25- n x � r c ro = m v m 7C n m Y June 23, 1983 of Newport Beach MINUTES R O L L CALL 1 1 1 1 1 1( 1 I INDEX I Mr. Stanley stated that they were under the impression that the contractor who was responsible for constructing the improvements had taken out the proper building permits. He stated that 70 percent of the work was constructed before they realized that permits had not been issued. Mr. Stanley stated that at this point, he arranged for a meeting with the City's Code Enforcement Officer to discuss the status of the use. Mr. Stanley stated that the business license forms had been filled out, but inadvertently did not get mailed to the City. After discovering the mistake, Mr. Stanley stated that the business license form was mailed to the City last week. He stated that the applicant realizes that he has been negligent. Mr. Stanley urged the Planning Commission to approve the request, rather than deny the request as staff has recommended. He stated that the applicant only has A years remaining on the lease. He stated that the benefits which are derived from the use are desirable to the community. Mr. Stanley submitted to the Commission a copy of a parking agreement which Papagayo has entered into with Laguna Federal Savings and Loan for 20 parking spaces. Mr. Stanley also addressed the on -sale beer and wine issue. He stated that there will be an employee stationed at the service window at all times to monitor the customers consumption of alcohol. In response to a. question posed by Vice - Chairman Winburn, Mr. Stanley stated that the staff has not had the opportunity to review the parking agreement. Commissioner Allen asked staff if the applicant himself had reported the violations to the City. Mr. Chris Gustin, Associate Planner, stated that the Building, Department had received a report relating to the illegal construction and was in the process of issuing a red tag for the site. He stated that close to this time, Mr. Stanley had been to the Alcoholic Beverage Control Board where it was indicated that they would need a use permit approval from the City. He stated . that at this point; Mr. Stanley made an appointment with the City's Code Enforcement Officer. -26- • June 23, 1983 � x ZE m m . m may = City of Newport Beach Mr. Stanley stated that the Building Department did not visit the site until the day after he had the appointment with the City's Code Enforcement Officer. In response to a question posed by Commissioner Goff, Mr. Stanley stated that the parking agreement covers 20 parking spaces in the Laguna Federal parking lot. Commissioner Goff expressed his concern that chains are up across the parking lot and the 20 parking spaces may not be accessible. Mr. Stanley stated that a key to the parking lot is located inside the Papagayo's facility. He stated that there are also 10 parking spaces which are available in the back of the facility. Commissioner Goff expressed his concern that when the Class of 47 parking lot is full, how will the customers for Papagayo's obtain access to the Laguna Federal parking lot. Mr. Stanley stated that beginning July 1st, there will be a parking attendant on duty at 4:00 p.m. on the weekdays and at 11:00 a.m. on the weekends to monitor the parking lot activities. Commissioner Goff asked if he were a customer of Papagayo, would he be able to take the food items into the Class of 47 facility. Mr. Stanley stated that there is currently a buzzer which the Class of 47 utilizes when a food order is requested. However, he stated that the majority of the customers of the Class of 47 are not desirous of ordering food. Commissioner Goff referred to the staff report and the concerns of the Police Department relating to the monitoring of the alcohol consumption. Mr. Stanley stated that the Class of 47 has limited seating for a person who would desire food service. Mr. Stanley stated that the applicant is requesting the. on -sale beer and wine because many of the customers desire beer or wine with their food. He stated that the majority of the Papagayo customers do not frequent the Class of 47 cocktail lounge. Commissioner Goff asked if it would be appropriate to separate the Class of 47 and the Papagayo use permit applications. Planning Director Hewicker stated that the uses are located on the same site and in the same building. However, he stated that it may be possible to split the two use permit applications for the Commission's consideration. -27- MINUTES INDEX June 23, 1983 � � c m ^ W m w City of Newport Beach MINUTES INDEX Planning Director Hewicker suggested that the Commission obtain a report from the Building Department relating to the the patio cover being brought into conformance with the Building Code. Commissioner Allen suggested that a condition be imposed which would require that the patio cover and all other construction be brought into conformance with the Building Code. Planning Director Hewicker stated that substantial dismantling and reconstruction would be required to bring the construction into conformance. Commissioner Balalis stated that it may be beneficial to split the consideration of the two uses. He stated that he would like to know for certain whether the applicant came to the City, or whether the City was starting to take action against the applicant. He suggested that the parking agreement be reviewed by the • City Attorney's Office for their determination on its legality. He further suggested that if the applicant is desirous of the on -sale beer and wine, the applicant should be required to submit a definite plan as to how he intends to control and monitor the alcohol consumption. He stated that the Police Department can then review the proposed plan and make a recommendation. He stated all of these considerations need to be reviewed before a determination can be made. He then suggested that this item be continued, in order for the staff and the applicant to gather the requested information. Mr. Hovik Abramiam, owner and operator of the Studio Cafe located at 100 Main Street, appeared before the Commission. Mr. Abramiam stated that the applicant has upgraded the site and established a good restaurant. He stated that many of the Papagayo customers are local residents and businessmen which walk to the facility and therefore the parking should not be a main concern. Mr. Mike Stanley stated that he helps the applicant at the restaurant. Mr. Stanley stated that in checking with the Planning Department when the restaurant was first being established, it was indicated to him that the location was already approved for a restaurant and bar use. -28- June 23, 1983 X � c m " m X Q City of Newport Beach Planning Director Hewicker stated that the applicant should have identified what their intentions were and asked the Planning Department if it was legal to establish a second business at this location, if an expansion would be permitted in the open area of the building, or if more parking would be required. Commissioner Allen stated that there is a strong possibility that the applicant has made a good faith mistake. She stated that it is apparent that the applicant did not apply for the proper permits for various reasons. Mr. Abramiam stated that it is almost impossible for a restaurant of this nature to stay in business on the Balboa Peninsula without an on -sale beer and wine license. He stated that a restaurant employee can be stationed at the service window at all times to monitor the customers consumption of alcohol, along with the • use of a two -way mirror. Motion X Motion was made to continue this item to the Planning Commission Meeting of July 7, 1983, so that the Planning Commission can receive a recommendation from the Building Department relating to the current construction and how it can be brought into conformance with the Building Code; to determine if it would be feasible to split the use permit between the two uses, either by square footage or legal description; and, a verification by the City Attorney's Office that the parking agreement which was submitted is a legal agreement. Commissioner Balalis stated that perhaps the Class of 47 made some representation to the applicant relating to the restaurant use. He stated that since the Class of 47 is no longer serving food, he suggested that certain adjustments may be made within the serviceable area of the Class of 47 which would make the outdoor area of Papagayo legal. Commissioner Balalis suggested that the applicant explore this possibility with the Class of 47. • Commissioner Goff suggested that the applicant submit a definite plan as to how the parking can be monitored and how the beer and wine consumption can be closely monitored and restricted to the premises. -29- MINUTES INDEX June 23, 1983 � r c m w. City of Newport Beach Amendment K Commissioner Kurlander amended his motion to include the concerns expressed by Commissioner Balalis and Commissioner Goff. Ayes X X K X X Amended Motion by Commissioner Kurlander to continue Abstain X this item to the Planning Commission Meeting of July 7, Absent * 1983, so that the staff and the applicant can gather the requested information, was now voted on, which AMENDED MOTION CARRIED. In response to a question posed by Commissioner Goff, Mr. Robert Burnham, City Attorney, stated that if it is determined that the two uses should be split, the items would have to be separately renoticed for a public hearing. He stated that the Class of 47 would have to be advised that some of their rights which they currently have pursuant to their existing use permit may be transferred to another individual or assigned to another portion of the property. • In response to a question posed by Commissioner Kurlander, Mr. Burnham stated that an overlapping permit would not be appropriate because the permit runs with the property. He stated that if the rights are overlapped, the rights are cumulative which may intensify the use even more than presently. • Vice - Chairman Winburn stated that this item has been continued for a period of two weeks or longer if necessary, for the staff and the applicant to gather the requested information. Mr. Stanley stated that they will assist the City in anyway possible. Planning Director Hewicker suggested that Mr. Stanley apply to the Building Department as soon as possible for a special inspection of the property. He stated that there is a small fee for the special inspection. He also suggested that the applicant not allow persons to bring alcoholic beverages onto the premises during this interim period. -30- MINUTES INDEX June 23, 1983 MINUTES gF m, m City of Newport Beach ROLLCALLI 111 1111 1 INDEX Request to establish a take -out restaurant facility with incidental dining in the Balboa Bakery on property item #9 located in the C -1 District. The proposal also includes a request to waive all of the required off - street parking spaces for said take -out restaurant. LOCATION: Lot No. Balboa Street, Main S1 Central ZONE: C -1 7, Resubdivision of Block 9, Tract, located at 301 Main on the northwesterly corner of USE PERMIT :reet and East Bay Avenue, in NO. 3042 Balboa. APPLICANT: Hoa Christianson, Balboa OWNER: Same as applicant Staff advised that the applicant for Item No. 9 - Use • Permit No. 3042, has requested that' this item be continued to the Planning Commission Meeting of July 7, 1983. Motion IXI I I I I I I Motion was made to continue this item to the Planning Commission Meeting of July 7, 1983. Commissioner Goff expressed his concern that the applicant is currently operating the business without a valid use permit. Planning Director Hewicker discussed the procedure which is currently utilized with regards to businesses which are operating without proper City permits. Commissioner Balalis expressed his concern that the current procedure does not adequately stop the violations as they occur. Mr. Robert Burnham, City Attorney, stated that the Business License Department has been alerted to the problems being discussed. He further stated that many of the violations which occur can not be attributed to the various City departments. In response to a question posed by Commissioner . Balalis, Planning Director Hewicker stated that the violation at the Balboa Bakery was brought to the attention of the Planning Department within the last 60 days, by a resident of the area. -31- Continued to July 7, 1983 June 23, 1983 r c m m m City of Newport Beach MINUTES. INDEX In response to a question posed by Vice - Chairman Winburn, Planning .Director Hewicker stated that it would be appropriate for the Planning Commission to recommend that the portion of the operation which requires the use permit be discontinued, until such time as the applicant has obtained the proper permits, from the City and a Coastal permit. Commissioner Goff asked if an increase in the filing fee or some other form of penalty, would be appropriate for businesses which are in operation without obtaining the proper City permits. Mr. Burnham stated that an increase in filing fees would not be appropriate under the guidelines of the Municipal Code provisions. Mr. Burnham explained the differences between the Planning Department filing fees and the Building Department permit fees. In response to a question posed by Commissioner Goff, Planning Director Hewicker stated that the tables and chairs, hot food and the non -food related items for sale at the Balboa Bakery, are in violation of the Code. Substitute Substitute Motion was made to continue Item No. _9 -.Use Motion X Permit No. 3042, as it stands, to the Planning Commission Meeting of July 7, 1983. It was further moved that a modified Ordinance be brought back to the Planning Commission, which would require those businesses which are violation, to discontinue that portion of their operation, until such time as the proper approvals have been received. Commissioner Balalis stated that violations of this nature must be stopped by a valid City Ordinance. Mr. Burnham stated that the City Attorney's Office can prepare a report and a proposed ordinance for the Planning Commission's consideration. Second A Second Substitute Motion was made to require that the Substitute portion of the operation at the Balboa Bakery which on x requires the use permit, be discontinued, until such time as the proper approvals have been received. -32- g ;K � r c cm x C) m D Ayes X Noes X X Absent original Substitute W ion drawn All Ayes June 23, 1983 of Newport Beach Commissioner Allen stated that the applicant should be given the opportunity to discuss the requested application, before the Commission takes action om a discontinuance on a portion of his operation. Commissioner McLaughlin concurred. Commissioner Goff stated that the applicant would not be suffering a significant financial hardship if that portion of this operation were to be discontinued until the proper approvals are received. Commissioner Goff's Substitute Motion was now voted on, which SUBSTITUTE MOTION FAILED. Commissioner Balalis withdrew his original Substitute Motion. He stated that he would discuss the proposed ordinance under Additional Business, later this evening. x1, X Vice - Chairman Winburn's original motion Item No. 9 - Use Permit No. 3042, to Commission Meeting of July 7, 1983, was which MOTION CARRIED. -33- to continue the Planning now voted on, MINUTES INDEX June 23, 1983 MINUTES � m m m w City of Newport Beach INDEX Proposed General Plan Amendments (Discussion) Request to initiate General Plan and Local Coastal Plan Amendments on the following parcels: 1. Fifth Avenue 2. Marguerite Avenue - RECOMMENDED 3. Buck Gully TO THE CITY 4. MWD Site (Annexation No. 89) - - COUNCIL TO 5. Superior Avenue Residential - - INITIATE _ PROPOSED INITIATED BY: The City of Newport Beach - GENERAL -- Planning Director Hewicker referred to Parcel B of the Fifth Avenue parcel and suggested that the Planning Commission consider that the parcel be changed from "Low Density Residential" to "Medium Density Residential" or "Multi- Family Residential" which would allow as an alternate use, a senior citizen geriatric care facility and/or a senior citizen housing project. Planning Director Hewicker referred to the Superior Avenue Residential parcel and stated that although a recommendation may be made to initiate the General Plan Amendment, there would not actually be any work started on this until the October amendment series. He stated that this will give the property owner an indication as to whether a change will be heard. In response to a question posed by Commissioner Goff, Planning Director Hewicker referred to the Superior Avenue Residential parcel and stated that the initiation of a general plan amendment will not affect the West Newport Study area. Commissioner Allen suggested that in the preparation of the environmental document for the general plan amendment, information can be gathered for the West Newport Study area. Commissioner Goff _stated that his concerns pertain to traffic and land use sensitivity for this parcel. 9 ! 1 1 1 1 1 1 1 -34- June 23, 1983 MINUTES � r � w � m m m o y City of Newport Beach Motion X Motion was made to recommend to the City Council that All Ayes X X X * X X X the proposed' General Plan Amendments be initiated, and further to recommend to the City Council that Parcel B of the Fifth Avenue parcel be changed from "Low Density Residential" to "Medium Density Residential" or "Multi - Family Residential" which would allow as an alternate use, a senior citizen geriatric care facility and/or a senior citizen housing project, which MOTION CARRIED. * * * ADDITIONAL BUSINESS After a discussion by the Planning Commission, Mr. Robert Burnham, City Attorney, stated that the City Attorney's Office would prepare a report and draft ordinance for the Planning Commission Meeting of July 21, 1983, relating to the lag time of the discovery of an illegal use and the time in which the item is first heard by the Planning Commission. * * * This being the last meeting for Planning Commissioner Debra Allen, Vice- Chairman Winburn, on behalf of the Planning Commission, thanked Commissioner Allen for the time and effort which she has expended during the past four years towards making the community a better place to live. * * * There being no further business, the Planning Commission adjourned at 10:35 p.m. * * * Dave Goff, Secretary City of Newport Beach Planning Commission -35- INDEX ADDITIONAL BUSINESS