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HomeMy WebLinkAbout07/05/1984Present Absent ov C VM/WJSiUNtICS REGULAR PLANNING COMMISSION MEETING m PLACE: City Council Chambers � TIME: 7:30 p.m. DATE. July 5, 1984 o � City of Newport Beach Ayes x x Absent Ayes x x Absent x x x x x x Ayes lx lx lxlx Absent Ayes Absent xix Ixlxlxlx1xlx EX- OFFICIO MEMBERS PRESENT James D. Hewicker,.Planning Director Robert D. Gabriele, Assistant City Attorney STAFF MEMBERS PRESENT MINUTES W. William Ward, Senior Planner - Donald Webb, City Engineer - - -- Joanne Baade, Recording Secretary w w w E L E -C'T S O N O F O F F I C E R S Planning Commission conducted its annual Election of Offi- cers, with results as follows: Commissioner King nominated Commissioner Winburn for the office of Chairman. There being no other names presented for consideration, the nominations were closed. Commis- sioner Winburn was elected to the office of Chairman. Commissioner Winburn nominated Commissioner Person for the office of First Vice - Chairman. There being no other names presented for consideration, the nominations were -- closed. Commissioner Person was elected to the office of First Vice - Chairman. Commissioner Person nominated Commissioner Goff for the office of Second Vice - Chairman. There being no other names presented for consideration, the nominations were closed -. Commissioner Goff was elected to the office of Second Vice - Chairman. - - Commissioner Goff nominated Commissioner Kurlander for the office of Secretary. There being no other names presented for consideration, the nominations were closed. Commissioner Kurlander was elected to the office of Sec - x retary. w w INDEX Election of Officers COMMISSIONERS July 5, 1984 m n` x f L Motion Ayes Absent 0 1 1 Ix x x x MINUTES 2W, APPROVAL OF THE MINUTES June 7, 1984 Motion was made for the approval of the minutes of the Planning Commission meeting of June 7,- 1984, which MOTION CARRIED. - June 21, 1984 - Consideration of the minutes of the Planning Commission meeting of June 21, 1984 was deferred to the Planning - Commission meeting of July 19, 1984. x • z Requests for Continuances' Planning Director Hewicker reported that staff has rece no requests for continuances. Use Permit.No. 3071 (Amended) (Continued Public Hearing),: Request to amend a previously approved use permit which permitted the expansion of the - operational- .characteristics of the - •existing Newport Beach Tennis Club. The:proposal consists of the deletion of Condition of Approval No.. 10, which relates to the use of the Corona del Mar High School parking lots for additional parking during tennis tourna- ments; the deletion,of Condition of Approval No. 11 which relates to providing Explorer Scouts or other persons at key intersections along Vista del Oro so "as to prevent tennis club patrons from,parkirig,on private'streets.; and the deletion of Condition of Approval No. 27 that now -. provides that no on- street parking'along.Eastbiu f Drive shall be permitted; except for the existing parking spaces.. located directly in front of the tennis club property. -2- INDEX Minutes/ 6/7/84 Minutes/ 6'/21/84 Requests for Con- tinuances Item #1 U.P. #3071 (Amended) Approved Condi- tionally - 1. Motion Ayes Absent 0 1 1 Ix x x x MINUTES 2W, APPROVAL OF THE MINUTES June 7, 1984 Motion was made for the approval of the minutes of the Planning Commission meeting of June 7,- 1984, which MOTION CARRIED. - June 21, 1984 - Consideration of the minutes of the Planning Commission meeting of June 21, 1984 was deferred to the Planning - Commission meeting of July 19, 1984. x • z Requests for Continuances' Planning Director Hewicker reported that staff has rece no requests for continuances. Use Permit.No. 3071 (Amended) (Continued Public Hearing),: Request to amend a previously approved use permit which permitted the expansion of the - operational- .characteristics of the - •existing Newport Beach Tennis Club. The:proposal consists of the deletion of Condition of Approval No.. 10, which relates to the use of the Corona del Mar High School parking lots for additional parking during tennis tourna- ments; the deletion,of Condition of Approval No. 11 which relates to providing Explorer Scouts or other persons at key intersections along Vista del Oro so "as to prevent tennis club patrons from,parkirig,on private'streets.; and the deletion of Condition of Approval No. 27 that now -. provides that no on- street parking'along.Eastbiu f Drive shall be permitted; except for the existing parking spaces.. located directly in front of the tennis club property. -2- INDEX Minutes/ 6/7/84 Minutes/ 6'/21/84 Requests for Con- tinuances Item #1 U.P. #3071 (Amended) Approved Condi- tionally - I,U 1V\fV1U33"NtK3 July 5, 1984 MINUTES m n x m o m City of Newport Beach ROLL CALL INDEX 0 r LOCATION: Lot 66, Tract No. 6905, located at 2601 Eastbluff Drive, on the westerly side of Eastbluff Drive, between Vista Del Oro and Vista Del Sol, in the Bluffs. ZONES: R- 4 -B -2, PRD and C -N -H APPLICANT: Newport Beach Tennis Club, Newport Beach OWNER: The Irvine Company, Newport Beach ,The public hearing was opened in connection.with this item and Mike Clayton, 26421 Fresno Drive,, Mission Viejo, appeared before.the Planning Commission.on behalf of f -the Applicant. Mr. Clayton expressed - concurrence- :with.the. Findings and Conditions contained.in Exhibit "A '� of the staff report.' - Commissioner Goff referred to the letter which was writ- ten by Mrs. Bernard Pegg,in re this issue; and requested•• that Mr. Clayton comment on the points raised therein. With respect to Mrs. Pegg's allegation that the tennis . court lights have been left on until 10.630 p.m. -, Mi.. Clay -'. ton responded that, to his knowledge, there. has not been an instance where the lights have remained on:past 10:00,.; p.m., and commented that the Newport Beach .Tennis Club has not received any complaints to that,effect. Mr. Clayton stated that the timers that. govern :the lighting of the tennis courts remain in working order. Addi- tionally, Mr. Clayton explained that there are switches in the bar area of the Club which the bartender can manually operate in the event the timers fail to operate, or to turn the lights 'off early. when the& courts aren't being utilized., With respect to Mrs. Pegg's.allegation that trash,pick -up - occurs as;eaily as 6:30- ,a.m.,`,Mr. Clayton.s.tated- ' that ,` to his knowledge, there his not been `any trash pick -ups is before 8:00 a.m., and added that the trash company.' -aware that trash pick -up prior to,8:00.a.m: is prohibited.- -3- . i • lJ m n x f ' V � y July 5, 1984 of Newport Beach MINUTES Relative to Mrs. Pegg!s allegation that gardeners utilize blowers as early as 6:30 a.m., Mr. Clayton advised that :. lie contacted the Club's 'gardener relative to this matter. Mr. Clayton relayed that the gardener does not believe he violated. the 8:00 a.m. time restriction for the use . of blowers and lawnmowers. Commissioner Goff pointed out that.the Newport Beach Ten- nis Club is responsible for assuring that violations to the imposed Conditions of. Approval do not occur: Mr. Clayton reiterated that the gardener does not believe he has operated blowers or lawnmowers prior to 6:00 .. a.m. - -Mr. Clayton then assured the Commission that - blowers and lawnmowers will not be used prior to 8:00 a.m. in th'e future, and related hisintenti:on -to abide by all Conditions of the use .permit. .Commissioner Goff stated that the Club management should take a more- active role in assuring that- all.personnel abide by the Conditions of the use.permit. - - Mr: Clayton stated that the only is sue on which the Pegg s' contacted the Club was in connection with the height.of- trees -along Eastbluff Drive. Mr. Clayton advised that, in accommodation with the Peggs' request, the trees were.... subsequently trimmed; In response to Planning Cotmnission.inquiry, Planning Dir- ector Hewicker explained the method,by'which Special - Event Permits are processed through the.City.. Mr. Hewicker stated that the Newport Beach Tennis Club used the Special Event Permit procedure as an abuse of the restrictions that were imposed on the use permit. Mr. Hewicker advised that the City subsequently'deemed ' it appropriate for the Applicant to request an amendment to the use permit so as, to reflect .the current type of -- operational characteristics associated with.the - estab- lishment. Mr. Hewicker reviewed that the Planning.Commis- sion held a series�of hearings'.1n February, 1984;'and at that time, made various revisions to the use permit. Mr. Hewicker added that since. that time; it has become apparent that several of the Conditions aren.'.�t workable, and hence those conditions' are before the Planning'Commis- sion this evening for reconsideration. 7 4- COMMISSIONERS July 5, 1984 MINUTES m � c F c � • m o ° m City of Newport Beach ROLL CALL 71 1 1 1 INDEX r1 I� In answer to a Planning Commission inquiry,. Planning Director Hewicker stated that if the Club's sound ampli- fication created a disturbance, an individual could report that fact to the 'Police Department. If the Police Department were able to make a finding that -a disturbance was, in fact, taking place, or that a violation of the Municipal Code was occurring, Mr. Hewicker stated that the Police could cause.that disturbance to cease. Addi- tionally, Mr. Hewicker commented that the Police Depart- ment does not notify the Planning Department of distur- bance calls, and stated that it would be incumbent upon the offended resident to notify the Planning Department of such a disturbance. Commissioner Goff requested elaboration on the Newport Beach Tennis Club's efforts to reach an agreement with the Newport -Mesa Unified School District relative to utilization of.the Corona del Mar'High School parking lot. Mr. Clayton responded that Ted Winston,.Tennis Pro at the Newport Beach Tennis Club, contacted.Mr. Ray Schnierer, Business Manager of the'Newport- Mesa - Unified School Dis- trict relative to the possibility of utilizing the'Corona del Mar High School parking lot. Mr. Clayton advised. ,. that the Club consequently received a reply from.Mr. Schnierer, dated February 21, 1984, indicating that the Club's request to utilize the Corona. del -.Mar High School parking lot had been denied. Commissioner Person questioned whether the Applicant would accept an additional Condition.ofApproval to require that noise levels shall not exceed. 55 dba at the property line, and furthermore that - the' - Newport Beach Tennis-Club shall employ .a sound - testing company to - assist the Club in adjusting the sound amplification equipment.to assure that the sound level does not surpass•55 dba at the prop - erty line. _ Mr. Clayton responded that he.does not believe such a. Condition would create,a problem, but indicated that he does not understand the degree of-ainplification- that. "such a standard would - represent. Mr.. Clayton pointed out'. that the current sound - amplification is very low.and is.,' generated by two small speakers which are set at ground level on center court,` - i July 5; 1984 m x f � v � o o City of am mm MINUTES Planning Director Hewicker clarified that the purpose of the public hearing is to discuss.the Conditions of the use permit which 'pertain to the use of the high school parking lot, parking on Eastbluff Drive, and the use of explorer scouts to patrol and monitor the parking on the private streets. Mr. Hewicker - therefore questioned the propriety of discussing the issue of sound amplifi- cation in light of the limited advertising provided for this hearing. Commissioner Kurlander suggested that perhaps the Plan- ning Commission should review the Newport Beach Tennis Club's use permit in toto. Commissioner Kurlander speci- fically voiced concern that the Club management has dele- gated some critical responsibilities to subordinate per- sonnel. - - -- - Commissioner Goff discussed the.importance of area resi- dents advising the Planning Department when violations to the Club's use permit occurs. .Additionally, Commis- sioner Goff discussed the possibility of the Planning - Commission initiating revocation proceedings iir the -event violations were to continue Bernard Pegg, 2633 Bamboo Street, Newport Beach.,.appeared before the Planning Commission, and reiterated his con- cerns relative to the tennis court.lights remaining lit past 10:00 p.m'., trash pick -up occurring prior to 8:00... a.m., as well as the degree of sound amplification associ- ated with the tennis club. in answer to -a question posed. by Commissioner. Kui-lander.,- Mr. Pegg stated that his neighbors share his concerns. - relative to the.tennis club's operation. Commissioner i Kurlander suggested that those neighbors communicate . their concerns to theCity.. - Leonard Czarnowski, President of the North Bluff Villas >1 Homeowners Association, . appeared before.the.Planning Commission and advised that the North Bluff Villas are situated directly adjacent to the Newport Beach Tenitis:.' Club.- Mr. Czarnowsk3'brought notice .to:,Conditioh of Approval No..31, which relates.to the installation of 'a chain link fence and plantings - between the tennis. club. parking lot and`Laver,Way. -6- INDEX . m n � � 5 � m j 6 m is M July 5, 1984 MINUTES of Newport Beach Planning Director Hewicker interjected that the subject chain link fence, which was required as a Condition of Approval in February, 1984, has not yet been installed. Mr. Czarnowski stated that the-installation of the chain link fence would necessitate the removal of the existing plants. Therefore, Mr. Czarnowski suggested that the Planning Commission consider an integrated plan of approp- riate replacement plants. - - Mr. . Czarnowski referred to Page 3 of the staff report wherein it states, "Since the Planning Commission first approved the subject use permit, there have been various changes to the circumstances under which certain Condi- tions were previously established." Mr. Czarnowski questioned the accuracy of this statement. Mr. Czarnowski discussed the issue of parking control in connection with the Adoptidn Guild Tournament. Durinq the course of his comments, Mr: Czarnowski .opined that explorer scouts are incapable of adequately patrolling and monitoring the parking situation. Additionally, Mr. Czarnowski commented that the lack of .parking problems associated with the subject event was - due -to -the fact that he had personally retained guards to monitor the area. Mr. Czarnowski.commented that the North Bluff Villa; Homeowners Association does not object to individuals parking along'tastbluff Drive while attending City- approvec special events, provided that the area is cleaned follow -.'.. ing the events. Don Porter, 2345 Aralia Street., appeared,before the.Plan ning Commission and stated that he ,is -a. resident of Eastbluff and a member of ',the Newport Beach Tennis Club:. Mr. Porter commented that Mr.'Clayton and he have met .with area homeowners since. last October. the.: .course of those meetings; Mr..Porter advised that.the -. tennis club agreed to.vaiious concessions. It was Mr. Porter's contention that Mr,. Clayton 'has' attempted to .resolve residents' concerns and will continue to do so. There being no others desiring to appear and be heard, the public hearing was closed: INDEX M n x v � o'a�c o: July 5, 1984 of Newport Beach MINUTES ROLLCALLI 111 1.111 1 1 INDEX Motion Ayes Absent • r1 u IX Motion was made that the Planning Commission amend Use Permit No. 3071 as follows: 1) That Conditions Nos..10, 11 and 27 be deleted; 2) That an additional Condition be added to state, "The Applicant shall employ a sound - testing company to assist the Club in adjusting the sound amplification equipment so as to assure that the sound level does not surpass 55 dba at the property line, with certification thereof to be provided to the City. Additionally, Applicant shall.make all proper installations and shall, show evidence.of such installation by virtue of a receipt to. the city. "j 3) That an addi- tional Condition be added to state,- "That.the Applicant shall perform all Conditions of Approval as stipulated within 30 days of July 5, 1984. If such actions are not verified by the City Planning Department within 30 0 -days of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for revocation proceedings." - MOTION CARRIED. Findings:' 1. That the private tennis club and related activities are consistent with the General Plan, and are com- patible with surrounding land uses. 2.: The Police Department indicated.that they do not contemplate any problems. - 3. Adequate off - street parking is.being provided for the tennis club. 4. That the subject tennis club and related "activities will not have any significant environmental' 'impact.. 5. The approval of Use Permit No..3071.(Amended) will not under the circumstances of this case .be detri- mental.to the health, safety,;peace_, morals; comfort ;.and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in�the neighborhood. or the general welfare, of the City.. m x f ' m j 0 c 7C O 0 July 5, 1984 on MINUTES Conditions: 1. That the subject operation shall be in substantial conformance with the approved plot plan, floor plans and elevations except as noted below. Further,' that the press tent, temporary chain link fence, proposed walks, proposed lighting, sales information and ticket sales trailer shall be deleted from the approved plot plans. 2. That all previous conditions of approval of Use Permit No. 1233 and Use Permit No. 1824 are no longer in effect. 3. Club tournaments shall be limited to eight (8) per year, and shall not exceed a total of 35 tournament days per year. 4. One -day swim meets shall be limited to seven (7) - - meets per year. S. One -day special tournaments involving public entities or public institutions (i.e., exhibitions or chal- lenges matches with the U.C. Irvine Tennis team, etc.) shall be limited to four .(4) per year and that these tournaments shall be conducted during daylight hours. 6. The tennis club shall furnish to the Planning'Depart- ment on an annual basis a'list of dates of all club tennis tournaments, special tournaments and swim . meets. 7. outdoor sound amplification shall . be limited to.the hours of 12:00 noon to dusk -, the last two days of each club tennis tournament, each special .tournament, '- and the seven permitted swim meets per' :year. the . two outdoor luaus or barbeques permitted. in condition No. 19 may use outdoor sound amplification per . Condition No. 20. Further amplified sound shall ., not extend beyond the boundary of the.club. . -9- INDEX July 5, 1984 MINUTES ' m � x . f � 9 � m q . ity Of Newport Beach ROLL CALL INDEX • • 8. The use of outdoor loud speakers for paging is prohibited at any time as well as the use of non- electronic signaling or,cheering devices, bullhorns, musical fanfare devices, or.other similar sound systems or devices. 9. No temporary seating shall be erected for any club tournament.with the exception of the Adoption Guild Tournament, which will be permitted no more than 200 additional seats. - 10. Deleted. 11. Deleted. 12 -. - A special events permit shall be a pre= condition to the following.club.tournaments: Adoption Guild; Calcutta; .Member/Guest DoubleS;- .Member /Guest Mixed; and the Pacific Southwest Tournament. The appli- cation for said permit shall be submitted to the - City at least 30 days prior to each tournament. ' 13. The tennis club and related activities shall operate as -a private recreational establishment and its facilities will be available to members only and their guests with the exception of the Summer Junior Tennis Clinic's, and permitted private parties. 14. That the use of all of the tennis courts will be limited to the hours of 7:00 a.m. to 10:00 P.M. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturdays, Sundays and national holidays, and that all of the tennis courts shall be appropriately posted with permanent signs stating the permitted hours for use. 19. Tennis lessons shall be permitted only on Courts Nos. 3, 4, 5, and 6. 16., That ball machines.shall not be used before 8:00 a.m. or after 7:00 p.m. on any day.. 17. Tennis courts Nos, 11, 12, 13, 14, 18 and 19, as shown on the approved plot plan shall not be illumi- nated unless specifically permitted by approval of an amended use permit. -10-7 , m m J m j m 1 i1 L_J C� July 5, 1984 �� � 9 �� 18. All existing tennis court lights shall be turned off no later than 10:00 p.m. on any day. Timing devices shall be installed and maintained on each illuminated court so as to ensure that the lights are turned off at.10:00 p.m. 19. use of the swimming pool shall be confined to the hours of 6:00 a.m. to 9:00 p.m. In addition, two (2) outdoor luaus or barbeques per year with activi- ties to 12:00 midnight shall be permitted in the swimming pool area. - 20. Live, outside entertainment shall be permitted in conjunction.with the two (2) outdoor luaus and barbeques with a 10:00 p.m. restriction if offered Sunday through Thursday, and 12-00 midnight if offered on a Friday or Saturday. 21. The use of mechanical blowers, vacuums or other noisy maintenance equipment shall not be operated before 8:00 a.m. on any day. 22. Garbage.pick -up or commercial deliveries shall . not occur before..8:00 a.m. on any day. _ MINUTES 23. That all perimeter landscaping shall be regularly - maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 24. The closing time for the bar, restaurant, patron dancing, live entertainment for club members and guests, and permission to rent facilities to private. parties, shall be :governed by the closing time of - 2:00 a.m. on Saturday, Sunday and national holiday mornings, and 12:00 midnight on other nights. 25. No equipment shall be brought to the site that would disturb the peace and quiet of the neighborhood such as generators, refrigeration trucks, etc. 26. The club's management and owners are responsible for the quiet and orderly behavior of the club members and guests in the.parking -lot, particularly during.the one -hour period following club closing.' Parking shall be controlled and the lot will be emptied of.all. members' and guests' cars within one hour after closing. -11- INDEX m m v � m ° m Cl � 1 July 5, 1984 27. Deleted. 28. The illuminated Courts Nos. 7, 8; 9 and 10 shall not be used unless all of the remaining lighted courts are in use. The lights on these courts shall be turned off when the courts are not in use. 29. That the lighting_ system for Courts Nos. 7, 8, 9 and 10 permitted with the approval of Use Permit No. 1824, and any replacement of light standards on the other existing illuminated tennis courts, shall be designed and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residen- tial uses. The plans shall be prepared and signed by a Licensed Electrical Engineer; with the letter from the Engineer stating that in his opinion, this requirement has been met. 30. with the exception of the two permitted private parties, luaus or barbeques outside the clubhouse, the noise from the dancing and live entertainment shall be confined to the interior of the building. The doors and windows shall be kept closed during' the time live entertainment is being provided. 31. A barrier shall be provided between the tennis club parking lot and Laver Way to be approved by staff; to restrict pedestrians and prevent debris in this area. The barrier shall be a- combination - chain link fence and planting to be 6 feet in . height, except for the existing open walkway that shall remain. 32. All of the above regulations and conditions are to be observed by Club owners, employees, members,, guests, private parties and service personnel. Any violation of the Conditions of.this use permit may result in revocation of said application. MINUTES 33. That the Planning Commission may add and /or modify . Conditions of Approval to -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. -12- INDEX COMMISSIONERS 1 July 5, 1984 m n x v � o City of Newport Beach KOM MINUTES INDEX Item #2 U.P. #3095 Approved Condi- tionally AND Variance #1112 Denied 34. The applicant shall employ a sound - testing company to assist the Club in adjusting the sound amplifi- cation equipment so as to assure that the sound level does not surpass 55 dba at the property line, with certification thereof to be provided to the City. Additionally, Applicant shall.make all proper installations and shall show evidence of such installation by virtue of a receipt to the City. 35. That the Applicant shall perform all Conditions of Approval as stipulated within 30 days of July 5, 1984. If such actions are not verified by the City Planning Department within 30 days. of July 5, 1984, Use Permit No. 3071 (Amended) shall be set for - revocation proceedings. • A. Use Permit No. 3095 (Continued Public.Hearing) , Request to permit the establishmentof a restaurant with on -sale alcoholic beverages on property located in the - retail service commercial area of the Mariner's Mile Specific Plan_ Area. The proposal also includes a- request. to pay an annual in -lieu fee to the City so as to allow a portion of the required off-street parking spaces.to be located in the Mariner's Mile Municipal Parking Lot. A modification to the Zoning Code is also requested so as to allow the use of tandem and compact parking spaces in conjunction with a valet parking service, and to waive a portion of the required landscaping within the off- street parking area, and the acceptance of an environ- mental document. .- - AND B. Variance No. 1112 (Continued Public Hearing) Request to waive a portion of the required off- street parking spaces in conjunction with the establishment of a restaurant on property located in 'the "Retail Service, - Commercial" area of the Mariner's Mile Specific Plan Area. INDEX Item #2 U.P. #3095 Approved Condi- tionally AND Variance #1112 Denied M n x m 9 � � m0 3 July 5, 1984 on1 MINUTES ROLLCALLI III Jill IINDEX • • LOCATION:. A portion of Lot F, Tract No. 919, located at 2800 West Coast Highway, on the northwesterly corner of West Coast Highway and Rfverside.Avenue, in Mariner's Mile. ZONE: SP -5 APPLICANT: Yu -Ter Mau, Newport Beach OWNER: - Francis J. Seitz, Tigard, Oregon Planning Director Hewicker reviewed the background of these applications, commenting that numerous meetings have taken place between staff and the Applicant in an attempt. to reach a consensus as to what the City should allow in.terms of either setting the building back or allowing an encroachment into a proposed public right -of -way. Planning Director Hewicker relayed staff's opinion that it would be nonsensical to allow construction.of a build- ing in light of the realization that the structure would need to be modified within a short period of time so as to accommodate the public improvements. Mr. Hewicker suggested, therefore, that the building be set back so that the public improvements can be accommodated. Commissioner Goff referred to Page 2 of the staff report, as it pertains to the proposed revision to Condition of Approval No. 6, and questioned why the last portion of the Condition is necessary, i.e., that the landowner shall be a party to the agreement. City Engineer Webb responded.that it was the City Attor- ney's position that modifications should not be made to the exterior of structures without the landowner',s per- mission. -14- July 5, 1984. MINUTES • m n x 9 � • m o ° City of Newport Beach ROLL CALL JINDEX • r 1 I� Assistant City Attorney Gabriele stated that staff is recommending that the following Finding..and Conditions:. of Approval for Use Permit No. 3095 be revised to read as follows: Finding No. 6 - "A fair share assessment is not warrant -. ed. Condition No. 7 - "That prior to obtaining building per- mits, the Applicant shall agree he will not request adjustments to rental fees based on the City's acqui- sition of the 18' wide strip and corner cutoff reducing the size of the parcel." Condition No. 11 - "That the Applicant acknowledges and agrees that the proposed development will not increase the need for on- street parking along West Coast Highway and, therefore, the Applicant agrees not to claim any economic loss for the removal of parking for the re- striping or widening of West Coast Highway on the grounds of loss of on- street parking." Commissioner Goff questioned why staff is suggesting that the first portion of Finding No. 6 be deleted. City Engi- neer Webb replied that the City has adopted the Fair Share Ordinance since the time staff originally compiled the suggested Findings for Use Permit No. 3095. Mr. Webb pointed out, therefore, that the entire.Finding is unneces- sary; however, at the request of the Applicant, staff is recommending that the shortened version of Finding No. 6 be included. The public hearing was opened in connection with this item and Dennis O'Neil, 3200 Park Center Drive, Costa 'Mesa, appeared before the Planning Commission on behalf of the Applicant. Mr. O'Neil reviewed that a number of meetings - have taken place between the.Planning Commissioners, staff, and Applicant regarding this application. Mr. O'Neil commented that concessions have been made by all parties and indicated that the Applicant is appreciative of the following concessions which were made by the City: 1. The proposed 24' corner cutoff has been reduced to a� 19' corner cutoff. 2. The required landscaped area has been reduced.from -7� feet to 3 feet. -15- COMMISr S�NERS1 July 5, 1984 MINUTES m n � f City of Newport Beach ROLL CALL IINDE X • L J 3. Condition No. 19 has been revised to provide that a minimum of one parking space per 50 sq.. ft. of "net public area" shall be provided for the restaurant. 4. A farther encroachment into the west side yard set- back is being permitted so as to increase the "net Public area" of the restaurant. 5. The City shall reconstruct the sidewalk improvements and driveway approaches along West Coast Highway and Riverside Avenue. Mr. O'Neil brought notice to the fact that the Applicant.. is being required to dedicate to the City 6' of land along West Coast Highway and 19' of land for the corner cut- off at West Coast Highway and Riverside Avenue.. In view . of the subject dedications, Mr. O'Neil suggested the. fol- lowing: 1. That the Planning Commission consider enabling the Applicant to encroach into the corner cutoff by 4' until such time as the City requires said area for the actual construction of the public.improvements. 2. That the Planning Commission consider waiving the requirement that 13 in -lieu parking spaces be.pur chased annually from the City. Mr. O'Neil stated that if the Planning Commission were to determine that it would not be in the City's best,interest to allow such an encroachment and /or waiver of the in -lieu parking fees, the Applicant requests that Condition No.'7 be deleted inasmuch as he believes he should then.be able to participate in whatever award is made pursuant to the acquisition of the underlying fee when the City negotiates that purchase or condemns that right- of- way.from''the - landowner. - There being no others desiring to appear and be heard, the public hearing was closed. Commissioner King discussed his concurrence with staff's concern relative to allowing construction to take place . in the setback area inasmuch as said construction may have to be removed in the near - .future -to accommodate - the public improvements. Commissioner King pointed . -16- July 5, 1984 MINUTES m � � E v � • m 71 0 City of Newport Beach ROLL CALL I I I INDEX • out that if the structure were set back 4' due west, the Applicant could regain all of the square footage he would .lose by the 19 -foot corner cutoff, and perhaps even increase the square footage by a few feet. Traffic Engineer Webb referred to the wall exhibit which delineated the proposed intersection configuration and answered Planning Commission inquiries relative to dedi- cation areas, setbacks, and sidewalks. Planning Commission discussed Commissioner King's sugges- tion that the proposed structure he set back 4' to the west, and noted that such a plan revision would necessitate the relocation of the trash receptacle. Planning Director Hewicker pointed out that by moving the building 4 feet to the west, the structure could be made larger than is now being proposed. Therefore, Mr..Hewicker suggested.the possibility of the northwesterly corner of the building being designed in such a manner as to accommodate a trash enclosure. Commissioner Person noted that various land dedications are being required of the Applicant. In view of those..dedi- cations, Commissioner Person questioned-whether the Appli- cantwould be amenable to the Planning Commission 1) denying the variance, 2) waiving the in -lieu parking fees, and 3) requiring instead that the Applicant purchase 13 parking permits from the City on an annual basis, with the under- standing that said permits will be distributed to the Applicant's employees for use in parking in the municipal lot. It was noted that the subject parking permits cur -, rently cost $35.00 annually. Mr. O'Neil stated that he would recommend that his client agree. to Commissioner Person's suggestion, but requested time to consult with his client. z z z Planning Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. Mr. O'Neil reappeared before the Planning Commission and stated that Mr. Mau is agreeable to Commissioner Person's suggestion relative to the purchase of 13 parking permits, from the City. -17- COMMISSIONERS July 5, 1984 MINUTES m n x • > > ° m City of Newport Beach ROLL CALL INDEX Motion • Ayes Abstain Absent • xlxlx Commissioner Person questioned whether Mr. Mau understands that if the Planning Commission were to allow the purchase of parking permits, as opposed to the payment of in -lieu fees, that the Commission would expect the building to be resituated or cut -off so as to accommodate the public improvements. Mr. O'Neil responded that the Applicant realizes that the building cannot encroach into the corner cutoff area. Motion was made that the Planning Commission accept the Environmental Document and approve Use Permit No. 3095, subject to the Findings and Conditions contained in Exhibit "A" with revisions as follows: 1) That Finding No. 6 and Conditions Nos. 7 and 11 be modified as recom- mended by staff; 2) That Condition No. 20 be revised to read, "That thirteen (13) parking permits shall be pur- chased -from the City,on an annual basis -. Said parking permits shall be distributed to the employees of the restaurant for their use in parking in the municipal lot. "; 3) That an additional Finding be added to read, "That in view of the dedications being required of the Applicant, it is appropriate for the City to waive the payment of in -lieu fees and to require instead that the Applicant purchase 13 parking permits from the City on an annual basis for use by the restaurant employees in .parking in the municipal lot. The purchase of these parking spaces will serve the City's needs for estab- lishing employee parking at an off -site location." Commissioner Eichenhofer stated that she will abstain from voting on this issue inasmuch as she was not a mem- ber of the Planning Commission on May 24, 1984, when this application was originally discussed. Commissioner Kurlander stated that although he was absent at the May 24, 1984 Planning Commission meeting, he has read the minutes of said meeting and is prepared to vote on the subject application. The motion on the floor was then voted on and CARRIED. Use Permit No. 3095 was thereby approved, subject to the following Findings and Conditions: 2 COMMISSIONERS July 5, 1984 i MINUTES • J M ENVIRONMENTAL DOCUMENT Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the pro- posed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the. proposed project. - 4. That the mitigation measures identified in the Initial Study have been incorporated into the pro- - posed project and are expressed as conditions: 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environment. The Findings made in regard to the Environmental Document described above also apply to the action taken for Use Permit No. 3095. Use Permit No. 3095 Findings: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. -19- m n x � f 0 ° o_ > x O $ • ° m ROLL CALL • J M ENVIRONMENTAL DOCUMENT Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the pro- posed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the. proposed project. - 4. That the mitigation measures identified in the Initial Study have been incorporated into the pro- - posed project and are expressed as conditions: 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto, that if the mitigation measures are incorporated into the project, it will not have a significant adverse impact on the environment. The Findings made in regard to the Environmental Document described above also apply to the action taken for Use Permit No. 3095. Use Permit No. 3095 Findings: 1. That the proposed development is consistent with the General Plan; the Land Use Plan of the Local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. -19- July 5, 1984 MINUTES m o � f 'S • m o ° m City of Newport Beach ROLL CALL I I I JINDEX • • 2. That the use of tandem and compact car spaces and the waiving of a portion of the required landscaping 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 modifications are consistent with the legislative intent of Title 20 of this Code. 3. The approval of Use Permit No. 3095 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 neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the proposed use is in keeping with the desired character of the specific plan area as identified in the General Plan. 5. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. A fair share assessment is not warranted. 7. That the City's Circulation Element- Master Plan of streets and Highways and the Mariner's Mile Specific Area Plan provide for the widening of West Coast Highway by 12 feet on the north side. 8. That the proposed new structure exceeds, by more . than 25 %., the floor area of the existing structure, and that Section 13.05 of the Newport Beach Munici- pal Code provides in part that: "Street Widening and Improvements as a Condition of Building Permits. No building or structure shall be constructed or enlarged by 25% or more of the existing floor area, and no building permit shall -20- July 5, 1984 MINUTES • m n � v a • m M ° f City of Newport Beach ROLL CALL INDEX • 11 be issued for such work, on any lot or parcel of land located in any commercial zoning district which abuts a street, unless the one -half of the street which is located adjacent to said lot or parcel has been dedicated and improved for the full width of the lot so as to meet the standards for such streets, as set forth in the Master Plan of Streets and Highways..." 9. That the lot on which the proposed structure is to be constructed abuts a street to which the full width of right -of -way, as described in the Master Plan of Streets and Highways, has not been dedicated. 10. That recent traffic studies of the West Coast Highway/ Riverside Avenue intersection show a need to provide a greater width for West Coast Highway than is pre- scribed in the Master Plan of Streets and Highways. 11. That the current and projected heavy use of the West Coast Highway /Riverside Avenue intersection requires the provision of a landing area which neces- sitates the dedication of a corner cut -off area. 12. Pursuant to @ 13.05 of the Newport Beach Municipal Code, approval of a project would ordinarily require dedication of fee interest to a 12 foot strip of right -of -way along the West Coast Highway frontage. 13. That the dedication of leasehold interests to the 12 foot wide Master Plan right -of -way requirement, the additional 6 foot wide strip and the corner cutoff is equivalent to the dedication requirement provided for in Chapter 13.05 of the Municipal Code. 14. That traffic on Riverside Avenue at West Coast High- way is presently congested and will continue to he in this state, and that drive entrances need to be designed so as to minimize interference with through traffic by creating a minimum one-car .. length storage area on site before parking spaces are allowed. -21- M n` x v i. j m 0 C � >mpoZ; ROLL l J • July 5, 1984 of Newport Beach MINUTES 15. That the dedication of the corner cutoff is necessary due to the heavy traffic volumes on both West Coast Highway and Riverside Avenue, creating the need to implement two right -turn lanes on Riverside Avenue which, if not installed, would cause a backup of traffic. on Riverside Avenue and block access to Applicant's property. 16. That in view of the dedications being required of the Applicant, it is appropriate for the City to waive the payment of in -lieu fees and.to require instead that the Applicant purchase 13 parking per- mits from the City on.an annual basis for use by the restaurant employees in parking in the muni- cipal lot. The purchase of these parking spaces will serve the City's needs for establishing employee parking at an off -site location. Conditions: 1. That all development shall be in substantial conform- ance with the approved plot plan, floor plan, and elevations except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard use permit agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completi- of the public improvements. 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer, and that no parking be allowed on the entrance drive within 16 feet of the property line. 5. That the intersection of streets and.drives be de- signed to provide sight distance for -a speed of 35 miles per hour. Landscaping, walls and other obstructions shall be considered in the sight dis- tance 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. -22- July 5, 1984 MINUTES m n x s= g � � n City of Newport Beach ROLL CALL I J, I INDEX • • 6. That the Applicant's leasehold interest to a 19' x 19' -45° degree corner cutoff at the northwesterly corner of Riverside Avenue and West Coast Highway and to 18 feet of right -of -way be dedicated to the public for street and highway purposes along the West Coast Highway frontage, and that the building be relocated towards the westerly side.property line so as to provide for the required corner cutoff. 7. That prior to obtaining building permits, the Applicant shall agree he will not request.adjustments to rental fees based on the City's acquisition of the 18' wide strip and corner cutoff reducing the size of the parcel. B. That the future street area be landscaped and main - tained by the Applicant until such time as it is needed for street purposes. 9. That all vehicular access rights to West Coast High- way be released and relinquished to the City of - Newport Beach prior to issuance of any building permits. 10. That street, and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 11. That the Applicant acknowledges and agrees that the proposed development will not increase the need for on- street parking along West Coast Highway and, therefore, the Applicant agrees not to claim any economic loss for the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. 12. The landscape plan for the restaurant site shall be subject to the review of the Parks, Beaches and Recreation Department, the Public -Works Department and approval of the Planning Department. 13. The landscape 'plan shall place heavy emphasis on fire - retardant vegetation. 14. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and •kept in a healthy condition. -23- m n x m c p � 7[ p C 0 a p 3 r1 • July 5, 1984 071 MINUTES 15. All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. 16. That all access to the building be approved by the Fire Department. 17.- that all onsite fire protection ; fhydrants -and Fire Department connections) shall be approved by the Fire and Public Works Department. 18. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 19. That a minimum of one parking space per 50 sq. ft of "net public area" shall be provided for the restaurant use and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariner's Mile Municipal parking lot. 120. That thirteen (13) parking permits shall be purchased from the City on an annual basis. Said parking permits shall be distributed to the employees of the restaurant for their use in parking in the munici- pal lot. 21. That employees of the restaurant shall be required to park in the municipal parking lot. 22. Valets and /or attendants shall be provided at.all times during the restaurant operation and that the valet pick -up and delivery station shall not -be located in any public right -of -way. 23. The valet parking service'.shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated. 24. Fugitive .dust emissions during demolition and con- struction -shall be minimized by watering the site for dust control, containing excavated soil on -site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. -24- INDEX July 5, 1984 MINUTES m n x � 1 � 1 � • m n ° City of Newport Beach ROLL CALL INDEX E • 25. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The handicapped parking shall be available for self - parking. _ 26. That.6 compact parking spaces shall be permitted within the on -site parking area. 27. That kitchen exhaust fans shall be designed to control odors and smoke. 28. That a washout area for the restaurant trash con- tainers be provided in such a way as to assure direct drainage into the sewer system and not into the Bay or the storm drains. 29. That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provision of the Uniform Plumbing Code. 30. Final design of the project shall provide for ade- quate security lighting in public areas and the off - site parking areas. 31. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 32. The project lighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glare to the adjacent area. The plans shall be prepared and signed by a. licensed electrical engi- neer, with a letter from the engineer stating that, in his opinion, this requirement has been met. 33. That no live entertainment or dancing be permitted in the restaurant unless the Planning Commission approves an amendment to this use permit. -25- m n � f • o c ;K u ROLL CALL •. Motion Ayes Abstain Absent • Ix x X July 5, 1984 MINUTES of Newport Beach 34. That all signs shall conform to the requirements set forth in Section 20.06 of the 7,oning Code. 35. That the Planning Commission may add /or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 36. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20:80.090A of the Newport Beach Municipal Code. * * x Motion was made for denial of Variance No. 1112, subject to the Findings contained in Exhibit "A ", which MOTION CARRIED. Findings: 1. That there are no exceptional or extraordinary circum- stances applying to the land, building, and use proposed in this application, which circumstances and conditions do not generally apply to land, build- ing, and /or uses in the same district inasmuch as the provision of land for additional right -of -way has not significantly decreased the amount of net public. area of the subject restaurant. 2. That the granting of a variance to the parking require- ment is not necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as a municipal parking lot is so located as to be useful for the provision of required off- street parking. -26- 11�l101 COMMISS0\106 July 5, 1984 ' m s 1 9 � • m o ° m City of Newport Beach • 3. That the establishment, maintenance, and operation of the use, property, and building will, under the circumstances of the particular use, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City.. x x x Use Permit No. 3102 (Public Hearing) Request to permit the construction.of an office /bank building in the Unclassified District that exceeds the basic height limit in the 32/50 Foot Height.Limitation District. The proposal also includes the use of drive - up teller facilities and roof parking, and a modification to the Zoning Code to allow the use of compact car spaces for a portion of the required off - street parking. LOCATION: Lot 716,_ Newport .Mesa Tract,,located at 1522 Placentia Avenue and 1501 Superior Avenue, on the northerly side of 15th Street between Placentia Avenue and Superior Avenue in the West Newport Triangle. ZONE: Unclassified APPLICANT: Rothery Roh Development Group, Los Alamitos OWNER: Same as Applicant MINUTES The public hearing was.opened in connection with this item and John whisnet, General Partner of the Rothery Roh . Development Group, appeared before the Planning Commission on behalf of the Applicant. Mr. Whisnet advised that Mr'. Rothery was unable.to attend this evening's meeting inasmuch as he is out of town. -27- Item #3 U.P. #3102 COMMISSiONERSI July 5; 1984 MINUTES T n � E S • > > m n ° City of Newport Beach ROLL CALL I f INDEX • r1 In answer to a- question posed by the Planning Commission, Planning Director Hewicker pointed out that the floor, area ratio of the proposed development, exclusive of the parking structure, is .56. Mr. Hewicker further stated that with the addition of the first level of the parking structure (16,320 sq. ft.), the floor area ratio would be .80, and with the addition of the second level of the parking structure (16,200 sq. ft.), the floor area ratio would be 1.04. Commissioner Goff referred to Condition of Approval No. 15 and questioned why the planters along Placentia Avenue are proposed to be removed. City Engineer Webb responded that staff was concerned that raised planters would obstruct the visibility of drivers ingressing and egressing the driveways. Mr. Webb suggested the possibility of rewording Condition No. 15 to specifically state that raised planters along Placentia Avenue shall not be permitted. Commissioner Goff requested clarification relative to the exterior of the structure, i.e., color and texture of the proposed tile. Bill Whattle, Builder for the proposed development, also appeared before the Planning Commission and stated that although he was uncertain as to the color and texture of the exterior tile, the Applicant would be willing to coordinate same with staff. Planning Director Hewicker pointed out that the issue pending before the Planning Commission is a request to permit the structure in question to exceed the basic height limit in the 32/50 Foot Height Limitation District. Commissioner Goff pointed out that the criteria for - granting permission to exceed the established height limit deals with the visual appearance of the building. Commissioner Goff stated that he observed "For Sale" signs on the subject property and requested an explanation thereof. Mr. Whattle answered that the "For Sale" signs are for the immediately adjoining property. -28- July 5, 1984 MINUTES • m n � • m W City of Newport Beach ROLL CALL INDEX r1 L_J r 1 Commissioner Goff countered that the "For Sale" signs were for the subject property. Mr. Whattle stated that the proposal before the Planning Commission is identical- to.the project that was approved by-the Planning Commission in 1982. Mr. Whattle noted that the previously approved use permit expired,since the building permit was not obtained within 24 months of the date of approval. In answer to -a question posed by Chairperson winburn relative to the intended use of the building, Mr. Whattle stated that a small sandwich shop is proposed for the bottom floor and that the remainder of the building will be used for medical activity. Planning Director Hewicker pointed out that the use permit would allow a maximum of 13,323 sq. ft. to be utilized for medical /office use. The remaining 24,265 sq. ft. of the structure, Mr. Hewicker explained, must be used for bank and general office use. Mr. Whattle stated that the Applicant purchased the land and building plans from Heritage Bank. He explained that it was originally understood that Heritage Bank would lease space from the Applicant; however, Heritage Bank has since gone out of business. Mr. Whattle stated that the Applicant is trying to locate another bank to lease space in the structure, but it is uncertain as to whether another bank will be found. Planning Director Hewicker questioned whether Mr. Whattle is aware of the limitations that have been placed on the application by the traffic study that was approved in July of 1982. . Mr. Whattle responded that he is not as aware of said limitations as Mr. Rothery, but stated that the Applicant would be willing to abide by those limitations. Chairperson Winburn questioned whether the Applicant is aware that they are limited to a maximum of 13,323 sq. ft. for medically- related uses. Mr. Whattle stated that he is now aware of that fact. -29- m n x v � �m is • July 5, 1984 City of Newport Beach In answer to a question posed by the Planning Commission, Mr. Whisnet stated that the Applicant agrees to the Findings and Conditions that were imposed on the original use permit. Commissioner Kurlander pointed out that the traffic study and parking requirements would be different for a medical facility than for a structure being utilized for bank /medical /office uses, inasmuch as a medical facility generates more traffic than.general office use. Mr. Whisnet stated that the Applicant is willing to abide by the Conditions of the use permit. - MINUTES Commissioner King stated that Mr. Rothery, at the Planning Commission meeting of June 21, 1984, indicated that he had read the Findings and Conditions of the use permit, and stated that development would take place in compliance with those specifications. Commissioner King emphasized that any deviation from those Findings and Conditions would require an automatic reassessment of the traffic study and parking requirements. Additionally, Commissione King brought notice to the fact that Mr. Rothery was hopeful that the use permit application could be expe- ditiously processed. In answer to a question by the Planning Commission as to whether the Applicant is desirous of having the subject application continued to the next Planning Commission meeting, Mr. Whattle stated that Mr. Rothery is aware of the provisions of the use permit and urged, therefore, that the Planning Commission take action this evening. In answer to a question posed by Commissioner Kurlander, Assistant City Attorney Gabriele advised that the Appli- cant'.s Indemnity Agreement has not yet been completed. Mr.'Gabriele added that he received a'call from Mr. Rothery indicating that a draft.of said Agreement would be submitted to the City Attorney's office.' Mr. Hewicker referred to the draft Planning Commission minutes of June 21, 1984, wherein it states that Mr. Rothery indicated that he was not requesting any revision to the original use permit. -30- INDEX July 5, 1984 MINUTES T n � i v � • 0 1 City of Newport Beach ROLL CALL I I JINDEX • Motion • Mr. Whisnet stated that he realizes that if the building were to be used as a medical facility, it would be necessary to apply for an amended use permit. Planning Director Hewicker brought notice to the Planning Commission minutes of February 4, 1982, wherein it states that, "Mr. Jim Van Tuyle, representing Heritage Bank, stated that they will cooperate with the City Traffic Engineer in the design of the parking structure." . Additionally, Planning Director Hewicker referred to the City Council minutes of March 22, 1982, wherein it states that, "Jim Van TUyle, Architect for the project, stated that they agree with all the Findings and Condi- tions of the Planning Commission„ including the .56 'buildable area limitation. If the Applicant considers • medical facility in the future, they would resubmit • traffic study." Mr. Hewicker went on to state that • revised traffic study was submitted, but for only 13,323 sq. ft. of medical office use. In answer to a question posed by Commissioner Person, the Applicant's representatives indicated agreement with the Findings and Conditions specified in the staff report. - - - There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that the Planning Commission continue Use Permit No. 3102 to the Planning Commission meeting of July 19, 1984, to enable questions to be answered relative to the exterior of the building, whether the Applicant concurs with the Findings and Conditions of Approval, and for an explanation of the "For Sale "_ signs on the property. Chairperson Winburn questioned how the floor area ratio for the proposed development corresponds with recent City approvals for other developments in that immediate area. Commissioner Goff responded that the buildable area for the Heltzer project, inclusive of the parking structure, was 1.84. He added that the Heltzer project, exclusive of the parking structure, was .8 times the buildable area. -31- COMMISSIONERS July s, 1e84 MINUTES m g � m v � � • W A W ` m n ROLL CALL Substitute Motion Ayes Nays Absent is • x z 03 M With respect to the Hughes project, Commissioner Goff stated that.the floor area ratio, inclusive of the parking structure, was 1.06 times the buildable area. Commissioner Goff stated that he is requesting a con- tinuance of this item so that he can be provided with sufficient information to enable him to determine whether a waiver of the height limit is justified.- Substitute motion was made that the Planning Commission approve Use Permit No. 3102, subject to the Findings and Conditions contained in Exhibit "A ", with an additional Condition to read as follows: "30. That the Applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the Applicant and his successors in interest in perpetuity, so as to limit the amount of floor area devoted to medical office use within the subject project to 13,323.sq. ft., unless a revised traffic study is approved by the Planning Commis- sion."-. MOTION CARRIED. - FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The increased building height will result in more public visual open space and views than is required by the basic height limit, inasmuch as open areas are provided throughout the site. 3. The increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. -32- July 5, 1984 MINUTES m n R � � c m v � • > > m City of Newport Beach ROLL CALL I I I I I I INDEX r-1 is 4. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing develop- ments or public spaces. 5. The structure will have no more floor area than could have been achieved without the use permit for the building height. 6. Adequate off- street parking spaces will be provided for the proposed office building and bank facilities. 7. Adequate provisions for traffic circulation are being made for the drive -up teller facility. 8. The Police Department has indicated that it does not contemplate any problems. 9. That parapet walls, and railings will be constructed adjacent to the proposed roof parking area that will shield the parked automobiles from view from adjoining property and streets. 10. That an Initial Study and Negative Declaration have been prepared in compliance with the.California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 11. That based on the information contained in the Nega- tive Declaration, the project incorporates sufficient mitigation measures to reduce potentially signifi- cant environmental effects, and that the project will not result in significant environmental impacts. 12. That the establishment of compact car parking spaces in the on -site parking area will not, under the cir- cumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improve- ments 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. -33- ' � m n � f � • • July 5, 1984 of NewDort Beach 13. The approval of Use Permit No. 3102 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: MINUTES 1. That development shall be in substantial conformance with the approved plot plans, floor plans and elevations except as noted below. 2. Handicap and compact parking spaces shall be clearly marked by a method approved by the City Traffic Engineer. 3. That one parking space for each 250 sq. ft. of net floor area shall be provided on the subject property. 4. Final design of the on -site parking and circulation system and points of access and egress shall be subject to the approval of the City Traffic Engineer. 5. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions, and Restric- tions which may be recorded against the property. DISCLOSURE STATEMENT The lessee herein, his heirs, successors and assigns, acknowledge that: a) The John Wayne Airport may not be able to pro- vide adequate air service for business estab- lishments which rely on such service; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; -34- INDEX July 5, 1984 MINUTES ` � m n x v � • m m City of Newport Beach ROLL CALL M I I I JINDEX • • c) The City of Newport Beach.may continue to oppose additional commercial area service expansions at the John Wayne Airport; . d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Air- port. 6. Should any resources be uncovered during construction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 and K -7. 7. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water - using facilities. B. The final design of.the project shall provide for the.sorting of recyclable material from other solid waste. 9. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives. 10. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 11. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 12. A landscape plan shall be subject to the review of the Parks',. Beaches and Recreation Department and approval of the Planning Department. 13. The landscape plan shall include a maintenance pro= gram which controls the use of fertilizers and pes- ticides. -35- COMMIS 5,.. ONES! July 5, 1984 • m n x f ' E m J ® • 0 of Newport Beach 14. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. 15. The proposed planters along Placentia Avenue.shall be removed and that the proposed.planter along 15th Street be set back a minimum of 2' behind the right -of -way line. - - 16. That a grading plan if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 17. The grading permit shall include, if required, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impact of haul operations. 18. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. _ 19. That an erosion and siltation control program, if required, be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities.. 20. That prior to the issuance of building permits the Applicant shall submit to the Planning Director written documentation that Conditions 5, 7, 8, and 9 will be complied with for the duration of the subject development on the site. 21. That all signs meet the provisions of the Sign Code. 22. That all improvements be constructed as required by Ordinance and the Public Works Department. 23. That any existing unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that any deteriorated sidewalk be reconstructed. -36- MINUTES M f m5 v o • -e � o � T. Pri mc • July 5, 1984 24. That a use permit agreement and accompanying surety be provided to guarantee satisfactory com- pletion of the public improvements, if it is desired to obtain a, building permit prior to completion of the public improvements. 25. That the sewer service be installed per Costa Mesa Sanitary District Standards. 26. That street lights be constructed along the Placentia Avenue frontage per'City standards. This will also include the upgrading of the existing street light at the corner of 15th Street and Placentia Avenue. MINUTES 27. That the existing fire hydrant on Placentia Avenue be relocated so that it is at least 5' from any proposed driveway approach. The location shall be approved by the Public Works Department. 28. That in consideration of granting the use permit to, exceed the basic height limit for the District, the Applicant shall record a Covenant, the form and content of which is acceptable to the City Attorney, binding the Applicant and successors in interest in perpetuity to a gross floor area limitation of .56 times the buildable area for the subject property. 29. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. _ 30. That the Applicant shall record a Covenant, the form and content of which is acceptable.to the City Attorney,.binding the Applicant and his successors in interest in perpetuity, so as to limit the amount of floor area devoted,to medical office use within the subject project to 13,323, sq. ft.., unless a revised traffic study is approved by.the Planning Commission." . -37- COMMISSIONERS July 5, 1984 MINUTES m o x v • n ° City of Newport Beach ROLL CALL INDEX Variance No. 1113 (Public Hearing) Item #4 Request to permit renovations and additions to an existing Variance non- conforming single - family dwelling on a lot in the R -1. No. 1113 District which exceeds the basic height limit in the 24/28 Foot Height Limitation District. The proposal also in- Continued to 8/9/84 cludes a modification to the Zoning Code so as to permit existing and proposed additions to encroach l foot and 2 feet into the required 4 -foot side yard adjacent to Dahlia Avenue, and one foot into the required 4 -foot interior side yard.. The existing building that encroaches into the required 10 -foot rear yard will be .removed in conjunc- tion with the proposed development. LOCATION: Parcel A of Parcel Map 5092 -424 - (Resubdivision No.,110) located at 2601 Way Lane, on the southeasterly .. corner of Way Lane and Dahlia Avenue . • - in China Cove. ZONE: R -1 - APPLICANT: Philip J. Gold, Corona del Mar OWNER: Same as Applicant Planning Director Hewicker reviewed that the basis for . the Variance procedure is to allow for those rare occasions where the provisions of the Municipal Code do not'particu- larly apply to a piece of property. The public hearing was opened.in connection with this item and Ernest Adams, Architect, appeared before the Planning . Commission on behalf of the Applicant. Mr. Adams requested that the Planning Commission permit him 15 minutes in which to give his presentation. ,- Motion x Motion was made to allow the Applicant's representative Ayes x x x x x x 15 minutes for his presentation, which MOTION CARRIED. Absent x -38- - m n x 0 • c m 3 x p fq 0 3 ROLL CALL r1 f`J • July 5, 1984 • MINUTES Mr. Adams gave a detailed slide presentation which explained the proposed project. During the course of his presentation, Mr. Adams reviewed the hardships inflicted on the property due to the non - conforming building situated to the southwest and the roof skylights of the adjacent property which reflect sunlight into the living area of the Gold home. Mr. Adams then reviewed. the Applicant's proposal to overcome the subject hard- ships. Mr. Adams pointed out revisions to the original design plans, as follows: 1. The Applicant now proposes to lower the height of the roof so that it will be no higher than the highest peak of the existing roof. 2. The Applicant now proposes to set back the exterior building wall so as to observe a 6'6" setback; rather than a 4' setback. 3. The Applicant now proposes to set back the corner of the flat roof so as to reduce the horizontal profile of same. In closing, Mr. Adams reiterated that hardships are created by the non - conforming building situated to the southwest and stated that the Applicant's proposal to overcome those hardships would not create an additional hardship for any neighboring residents. Mr. Adams pointed out that three letters of support have been submitted to the City. Planning Director Hewicker questioned whether the pro- posed design of the structure is intended to relieve the glare from the skylights on the adjoining building or to provide an ocean view that doesn't presently exist. Mr. Adams responded that in relieving the glare, an ocean view will be created. Doris Anderson, 2607 Ocean Boulevard, Corona del Mar; appeared before the Planning Commission and advised that her property lies immediately behind the property in question. Ms. Anderson spoke in opposition to the subject application, citing her belief that a hard- ship has not been proven and an amenity loss not _ -39- INDEX • m n x � o c • m C xo: o s' • • July 5, 1984 substantiated. Ms. Anderson opined that the proposed building will be a detriment to the neighborhood and voiced concern with the,proposed scale and mass of the project. Ms. Anderson stated that her property would be substantially and permanently adversely affected if this variance were to be approved. Ms. Anderson then presented a photograph which extrapolates the affect on the view from the unimproved property situated to the northwest end of her deck. In closing, Ms. Anderson discussed her concern with the potential for setting a 'precedent as well as her concern that the character of the China Cove neighborhood would be adversely affected. Planning Director Hewicker questioned whether it would be possible for the Applicant to erect a board which would show the extent of the ridge line, and to take a photograph of same from the Anderson property so that the Planning Commission will be able to see the exact amount of water view loss. Mr. Adams replied that he believes that would be possible, but added that he would have to discuss this with the Applicant since an expense would be involved. Commissioner Goff referred to the picture that Ms. Anderson displayed and stated his belief that the view is more impaired by vegetation than by the proposed -addi- tion to the Gold home. Subsequently, Commissioner Goff suggested that the view would be enhanced by a trim of the vegetation. MINUTES Ms. Anderson reappeared before the Planning Commission and stated that if the proposed roof line is approved, an additional non - conformity would be added to an existing non - conforming roof. Commissioner Person questioned whether the Applicant would object to a two -week continuance of this item to allow the Planning Commission.time to review the visuals as amended by the Applicant this evening. Mr. Adams reappeared before the Planning Commission and requested that the item be continued to August 9, 1984, rather than July 19, 1984. During the course of discus- sion, Mr. Adams cited his desire to perform a view analysis from Ms. Anderson's deck and living room. -40- R KO COMNU5SIONERS July 5, 1984 MINUTES m n � f � City of Newport Beach ROLL CALL I ITI I I JINDEX Motion Ayes Absent • 10 x In answer to a Planning Commission inquiry, Ms. Anderson stated that she would consider the Applicant's request to analyze the view from her residence. Motion was made to continue Variance No. 1113 to the Planning Commission meeting of August 9, 1984, which xi MOTION CARRIED. * * x A D D I T I O N A L B U S I N E S S - - - - - - - - - - - - - - - - - - Commissioner Person pointed out that a vacancy presently exists on the In -Lieu Ad Hoc Committee. Inasmuch as Paul `Balalis -was previously a.member of the Committee while he was a member of the Planning Commission, Commis- sioner Person suggested the possibility of the Planning Commission appointing Mr. Balalis as a public member on the subject Committee. It was noted that Mr. Balalis - has indicated a willingness to continue serving on the Committee. Discussion . ensued relative to the possibility of appointing Mr. Balalis to the In -Lieu Ad Hoc Committee, as well as the propriety of appointing a public member to the Committee.. Following discussion, staff was instructed to review the rules of the Committee and to report back to the Planning Commission. In the event a meeting takes place prior to.the time the Planning Commission 'receives staff's report, Assistant City Attorney Gabriele advised that Mr'. Balalis would still be welcome to attend the meeting. There being no further business, the Planning Commission adjourned at 10:45 p.m. - JOHN.KURLANDER, Secretary. Newport Beach City Planning Commission -41- In -Lieu Ad Hoc Committee Adjourn- ment