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HomeMy WebLinkAbout07/06/1978F COMMISSIONERS City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers °* Time: 7:00 p.m. Date: July 6, 1978 MOLL CALL Present Motion All Ayes w Motion All Ayes J Ix X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer . STAFF MEMBERS James D. Hewicker, Assistant Director - Planning David Dmohowski, Advance Planning Administrator Beverly Wood, Environmental Coordinator Joanne Bader, Secretary Minutes of the Regular Meeting of June 15, 1978 were.approved as written. MINUTES Request to subdivide 0.96 acres into 5 lots for single family residential development. Location: Portion of Lot 17, Newport Heights, located at 2420, 2426, and 2426h 15th Street, on the northeasterly side of 15th Street between Gary Place and Powell Place in Newport Heights. Zone: R -1 . Applicant: Ed Hume, Newport Beach Owner: Margie M. Andrews, Newport Beach Engineer: Hall & Foreman, Inc., Santa Ana CONSENT CALENDAR ITEM: Motion was made that Planning Commission approve the Final Map of Tract No. 10156, subject to the following condition: 1. That all applicable conditions of approval fo the Tentative Map of Tract No. 10156 be fulfilled. I Be Moax I'm COMMISSIONERS �o�� \� \ \9 \ \\ City of Newport Beach NOL. CALL Motion All Ayes !3 MINUTES July 6, 1978 Request to permit the construction of a savings and loan complex in a Specific Plan Area, where a specific plan has not been adopted. Location: Lot 5, Block W, Tract No. 323, located at 3744 East Coast Highway, on the northwesterly corner of East Coast Highway and Poppy Street in Corona del Mar. Zone: C -1 Applicant: Beverly Hills Federal Savings & Loan, Beverly Hills Owner: Same as Applicant CONSENT CALENDAR ITEM: Motion was made that Planning Commission make the following findings: The proposed development is consistent with the General Plan and will not preclude the attainment of the General Plan objectives and policies. 2. The proposed development is a high - quality proposal and will not adversely affect the benefits of occupancy and use of existing properties within the area. 3. The proposed development does not adversely affect the public benefits derived from expenditures of public funds for improvement and beautification of street and public facilities within the area. 4. The proposed development promotes the maintenance of superior site location characteristics adjoining major thoroughfares of City -wide importance. 5. The project will not have any significant environmental impact. 6. Adequate parking spaces and related vehicular circulation will be provided in conjunction with the proposed development. -2- 0 INCax Item #2 SITE PLAN REVIEW NO 1 APPROVED CONDr- TIDWLY w i COMMISSIONERS City of Newport Beach MINUTES MOLL CALL • • NC \\ July 6, 1978 and approve Site Plan Review No. 14, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plan and elevations., 2. That a minimum of one parking space for each 250 sq. ft. of net floor area shall be provided on the subject property. 3. That all mechanical equipment and trash areas shall be screened from East Coast Highway, Poppy Avenue, adjacent properties; and from the alley abutting the property. 4. That all signs shall meet the requirements of the Sign Code. 5. That a 10 -foot radius corner cutoff at Poppy Avenue and East Coast Highway be dedicated to the City. 6. That a 5 -foot strip of land along the northeasterly side of the lot be dedicated to the City for alley purposes and that this strip be improved with P.C.C. pavement. 7. That the existing alley approach on Poppy Avenue be widened to 19 feet. 8. That all vehicular access rights to East Coast Highway be released and relinquished to the City of Newport Beach. 9. That the dedications be completed prior to issuance of the Building Permit. 10. That an agreement and accompanying surety be provided if it is desired to obtain a.buildini permit prior to completion of the public improvements. -3- INOIX COMMISSIONERS MOLL CALL City of Newport Beach MINUTES July 6, 1978 INOKX Request of Ninfa Jarvis for interpretation of Item #3 Sections 20.83.020, 20.83.030 and 20.83.040 (NONCONFORMING STRUCTURES AND USES) and Chapter REQUEST 20.61 (SPECIFIC PLAN (NEWPORT SHORES)) of the OF NINFA Newport Beach Municipal. Code as it pertains to JARVIS the use of a structure located at 7200 West Coast FOR Highway for a real estate and investment business. INTER - PRETATION Community Development Director Hogan advised of THE the reasoning behind staff's recommendation for N.B.M.C. denial of this request to permit a real estate and investment business to operate in the structure located at 7200 West Coast Highway; i.e., 1) the proposed use is inconsistent with the Specific Area Plan, and 2) the proposed use could not qualify as being a nonconforming use since it appears.that the building has not been used for a purpose similar to that proposed for more than six months. Discussion was opened to the public and Ninfa • Jarvis appeared before the Planning Commission. Ms. Jarvis explained that she was of the opinion, based on information received from a member of the City's Building Department staff, that this building could be used for a real estate office. Consequently, she did considerable . upgrading to the structure in an effort to bring the building up to Code -- unaware that building permits are required for this type of upgrading. She then reviewed the specific upgrading done to this building and commented on the visual improvement which has resulted. Ms. Jarvis felt that the consensus of the residents of the area is that duplexes are detrimental to the area and that the zoning should be changed to preclude further development of same. She then presented a letter from the Newport Shores Community Association Board of Directors and a public opinion poll, signed. by 59 residents of West Newport, indicating their support of a real estate office being permitted to operate on the site in,question. Mamie Hunt, owner and manager of the Beach & Bay Mobile Home Park, appeared before the Planning • Commission and stated that she has been using the rear portion of this building as an office for her, mobile home park. She advised that she -4- COMMISSIONERS City of Newport Beach 0 DOLL CALL n U Motion Ayes Abstain 11 Ix July 6, 1978 is not presently using the front of the building for office use due to vandalism. She then urged approval of this request as she felt it would upgrade the area. Staff advised that the Zoning Code provides that the nonconforming use of a portion of a buildi.ng may be extended throughout a building, provided that in each case a Use Permit shall first be obtained. Community Development Director Hogan commented that all of the information that staff had received heretofore relative to the operation of this building indicated that the structure had been used for storage purposes in connection with supplies relating to the mobile home park. MINUTES Halstead Pembroke, appeared before the Planning commission and urged approval of this application .as he did not feel it would be detrimental to the area. Chuck Byre, 2025 Via Lido Soud, appeared before the Planning Commission and supported the proposal in view of the visual improvement which has resulted. There being no others desiring to appear and be heard, the discussion was closed to the public. Motion was made that Planning Commission make the following findings: 1. That there is a nonconforming trailer park use of that building. 2. That the nonconforming trailer park use encompassed the entire building. 3. That the real estate office, in conjunction with the trailer park office, is a compatible use. Further, that the real estate office is equal to, or more restrictive than, the .trailer park office. 4: That the real estate office is actually run. by the owners of the trailer park. -5- INOKX COMMISSIONERS City of Newport Beach POLL CALL Motion All Ayes July 6, 1978 MINUTES Request to adjust a common property line between two lots in Corona Highlands. Location: Lots 44 and 46, Tract No. 1237, located at 509 De Anza Drive and 465 A and B Morning Canyon Road, northerly of Seaward Road between De Anza Drive and Morning Canyon Road in Corona Highlands. Zones: R -1 -B and R -2 -B Applicants: Howard and Marilyn Meek, Corona del Mar Owners: Howard and Marilyn Meek, and Gigi Gustavino, Corona del Mar Engineer: Alan B. Clark, Laguna Beach Community Development Director Hogan explained that i.nasmuch as there is a zone conflict between Lots 44 and 46, staff is recommending as one of the conditions of approval, that the Applicant initiate a zone change amendment so as to reclassify that portion of Lot 44 which is to be added to Lot 46 from the R -2 -B District to the R -1 -B District in order to keep the zoning boundary with the property line. He added that if the Planning Commission desires, it could initiate the zone change and, consequently, the City would bear the cost of same. Public hearing was opened in connection with this item and Howard Meek, Applicant, appeared before the Planning Commission and advised that this proposed resubdivision involves approximately 3,000 sq. ft. of land which he proposes to purchase from his neighbor. He added that he would appreciate the City bearing the cost for the recommended zone change. There being no others desiring to appear and be heard on this matter, the public hearing was . closed. Motion was made that Planning Commission make the following findings: ffm INOIX Item #4 RESUB- IiVISION 86 . APPROVED COM- TITNTELY 0, 171 COMMISSIONERS 1�jA z POLL CALL 0 • City of Newport Beach July 6, 1978 MINUTES the map meets the requirements of 19 of the Newport Beach Municipal all ordinances of the City, all cable general or specific plans and the ling Commission is satisfied with the of subdivision. the proposed resubdivision presents oblems from a planning standpoint. e Resubdivision No. 586, subject to the conditions: a Parcel Map be filed. prior to the recordation of the Parcel the Applicant shall initiate a zone le amendment so.as to reclassify that on of Lot 44 which is to be added to -6 from the R -2 -B District to the R -1 -B •i ct. establish one building site and an interior lot line where one lot ;ion of a second lot now exist so as to I construction of an office - industrial I the property. A portion of Lot 3 and Lot 4, Block 329, Lancaster's Addition, located at 507 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. M -1 W. D. Schock, d.b.a. Schock Boats, Newport Beach Same as Applicant Walden and Associates, Inc., Costa Mesa -7- INOIX Item #5 RESUB- bIIIYSfON NF—S$T APPROVED Z` R ND-_ NALLY 1. That Title Code: appli P1anr plan 2. That no pi and approl following 1. That 2. That Map, chani port: Lot i Disti Request t eliminate and a por permit th complex of Location: Zone: Applicant Owner: Engineer: MINUTES the map meets the requirements of 19 of the Newport Beach Municipal all ordinances of the City, all cable general or specific plans and the ling Commission is satisfied with the of subdivision. the proposed resubdivision presents oblems from a planning standpoint. e Resubdivision No. 586, subject to the conditions: a Parcel Map be filed. prior to the recordation of the Parcel the Applicant shall initiate a zone le amendment so.as to reclassify that on of Lot 44 which is to be added to -6 from the R -2 -B District to the R -1 -B •i ct. establish one building site and an interior lot line where one lot ;ion of a second lot now exist so as to I construction of an office - industrial I the property. A portion of Lot 3 and Lot 4, Block 329, Lancaster's Addition, located at 507 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. M -1 W. D. Schock, d.b.a. Schock Boats, Newport Beach Same as Applicant Walden and Associates, Inc., Costa Mesa -7- INOIX Item #5 RESUB- bIIIYSfON NF—S$T APPROVED Z` R ND-_ NALLY COMMISSIONERS City of Newport . Beach DOLL CALL Motion All Ayes July 6, 1978 MINUTES Public hearing was opened in connection with this item and Alan Beek, 2120 - 16th Street, appeared before the Planning Commission and questioned whether staff is recommending that this proposal be approved without the necessary off - street parking since no mention is made of same in the conditions of approval contained in the staff report. Assistant Director - Planning Hewicker answered that approximately six weeks ago the Planning Commission approved a Use Permit to allow the construction of an office - industrial complex on this property, and that six off - street parking spaces were proposed with the development to meet the parking standards. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following findings: 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. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 587, subject to the following conditions: 1. That a Parcel Map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That all conditions of approval of Use Permit No. 1867 be fulfilled. That a standard subdivision agreement and surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the Parcel Map before the improvements are completed (Parcel Map i INOIK C� COMMISSIONERS City of Newport Beach 0 \ \\ $\ \\ July 6, 1978 MINUTES POLL CALL must be recorded prior to issuance of Building Permit). Request to establish one building site and eliminate an interior lot line where two parcels now exist so as to permit the construc- tion of a restaurant complex on the property. Location: Parcel Nos. 1 and 2, Parcel Map 76 -45 ( Resubdivision No. 506) located at 4881 Birch Street, on the northwesterly corner of Birch Street and Von Karman Avenue in Koll Center Newport. Zone: P -C Applicant: Plaza de Cafes, Ltd., Newport . Beach Owner: Same as Applicant Engineer: Lander Engineering, Inc., Irvine Public hearing was opened in connection with this item and Tom White, Applicant, appeared before the Planning Commission and concurred with the conditions of approval contained in the staff report. There being no others desiring to appear and be heard, the public hearing was closed. Motion x Motion was made that Planning Commission make All Ayes the following 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. -9- INoax Item #6 RESUB- DTYFS-ION NO. —W APPROVED °tMWLY COMMISSIONERS City of Newport Beach MINUTES MOLL CALL July 6, 1978 and approve Resubdivision No. 588, subject to the following conditions: 1. That a Parcel Map be filed. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That all conditions of Use Permit No. 1855 be fulfilled. 4. That a standard subdivision agreement and surety be provided to guarantee satisfactor3 completion of the public improvements if it is desired to record the Parcel Map before the improvements are completed (Parcel Map must be recorded prior to issuance of building permit). Request to establish one building site and eliminate interior lot lines where portions of three lots now exist so as to permit restaur- ant development on the property. Location: Portion of Lots 9, 10, and 11, Block 12, Balboa Tract, located at 106 Main Street, on the easterly side of Main Street, between East Balboa Boulevard and East Ocean Front, in Central Balboa. Zone: C -1 Applicants: Mr. and Mrs. Lloyd Klein, Balboa Owners: Same as Applicants Engineer: Alan B. Clark, Laguna Beach Public hearing was opened in connection with this matter and Mr. Fukes appeared before the Planning Commission on behalf of the Applicant and concurred with the information contained in the staff report. -10- • INOKX Item RESUB- DIVISION NE 589 APPROVED CONDI- TIONALLY • COMMISSIONERS, City of Newport Beach • \ ;\%$\\\ July 6, 1978 MOLL CALL Motion All Ayes n L.J • X MINUTES In answer to a question by the'Planning Commission, Community Development Director Hogan explained that the Planning Commission does not have a right in a case of this kind to waive the requirement for parking entirely. Planning Commission discussed the issue of in -lieu parking fees and it was agreed that the matter will be further discussed at a future Study Session. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following 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 satisifed with the plan of subdivision. 2. That the proposed resubdivision presents no' problems from a planning standpoint. and approve Resubdivision No. 589, subject to the following condition: 1. That a Parcel Map be filed (Parcel Map must be recorded prior to issuance of building permits). Planning Commission recessed at 8:30 p.m. and reconvened at 8:40 p.m. Request to consider the following proposed amendments to the Newport Beach General Plan: 78 -1 -B: A. proposed amendment to the Land Use and Residential Growth Elements to designate a 2.3 acre parcel, adjacent to the Newport Terrace development. (former City dump site) and currently it the City of Costa Mesa, for "Medium - Density Residential" use, in connection with prezoning and ,annexation of the subject property to the City of Newport Beach. -11- INDEX COMMISSIONERS NOLL CALL City .of Newport Beach MINUTES July 6, 1978 INDIM 78 -1 -C: Proposed amendment to the Land Use, Residential Growth and Circulation Elements as follows: 1) Revise text of the Land Use and Residential Growth Elements to prohibit resubdivisions in the Cliff Haven area which would result in lots smaller than the average or typical lot in that area. 2) Amend the Master Plan of Streets and Highways to incorporate housekeeping revisions pertaining to Coast Highway, Superior Avenue, and Balboa Boulevard in the West Newport area. Advance Planning Administrator Dmohowski advised .. that at the June 15, 1978 Planning Commission meeting, the Planning Commission determined that those portions of General Plan Amendment.78 -1 which are dependent on the results of the Traffic Model tests would be considered at the General Plan Amendment session in October and that those portions which are not dependent on the Traffic Model data would be considered at this meeting. 78 -1 -B Public hearing was opened in connection with this portion of General .Plan Amendment 78 -1 and there being no one desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission approve All Ayes General Plan Amendment 78 -1 -B to amend the Land Use and Residential Growth Elements to designate a 2.3 acre parcel, adjacent to the Newport Terrace development (former City dump site) and currently in the City of Costa Mesa, for "Medium - Density Residential" use, in connection with prezoning and annexation of the subject property to the City of Newport Beach.: -12- COMMISSIONERS 3 City of Newport Beach July 6, 1978 POLL CALL 78 -1 -C (1) Public hearing was opened in connection with this portion of General Plan Amendment 78 -1 and there being no one desiring to appear and be heard, the public hearing was closed. Notion X Motion was made that Planning Commission appro All Ayes General Plan Amendment 78 -1 -C (1) to amend the text of the Land Use and Residential Growt Elements to prohibit resubdivisions in the Cliff Haven area which would result in lots smaller than the.average or typical lot in tha area. Further, that this action be reflected on Page 21 of the Residential Growth Element, as follows: "5) In all residential zones in the Cliff Haven area,any resubdivision which woul result in lots smaller than the average or typical lot shall be prohibited, so as to preserve the scale and charact of residential development in that . neighborhood. The zoning shall be amended accordingly." 78 -1 -C (2) Public hearing was opened in connection with this portion of General.Plan Amendment 78 -1 and David Simms, representing the State of California, appeared before the Planning Commission. Mr. Simms voiced concern that the intervening land between the new and existing alignments of Superior Avenue would b left undevelopable. He felt that additional study should be made on this matter in conjunction with the Department of Transportat City Engineer Nolan expressed that the Public Works Department staff is willing to work with the Caltrans staff regarding the proposed revisions as they relate to the adjacent land use. David Shores, 12 Tribute Court, appeared befor the Planning Commission on behalf of the Newport Crest Homeowners Association and requested that the realignment of Superior -13- MINUTES ve er ioi INOKX COMMISSIONERS {� City OI s Newport eaCII MINUTES POLL CALL Motion (THIS MOTI( WAS LATER VOTED ON A CARRIED. SEE NEXT PAGE.) Motion Ayes Noes (MOTION FAILED) July 6, 1978 Avenue not be acted on at this time so that the matter can be studied further. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission approve General Plan Amendment 78 -1 -C (2) to amend.the Master Plan of Streets a -nd Highways to incorporate housekeeping revisions as follows: Indicate proposed realignment of Superior Avenue at intersection with Coast Highway on Master Plan of Streets and Highways. 2. Amend Master Plan to show .extension of Balboa Boulevard north of Coast Highway shifted to a more - westerly alignment. Amend Circulation Element to delete the proposed northerly alignment of Coast Highway and add wording to reflect on -going widening of Coast Highway between the Santa Ana River and Newport Boulevard on Page 6 as follows: 112. Coast Hi hwa between Santa Ana River M ewport ou evar . The future 24 -foot minimum widening of Coast Highway between the Santa Ana River and 59th Street will be on the southerly side; and from 59th Street to Newport Boulevard, the widening will be on the northerly side. Addi- tional widening beyond the. 24 -foot minimum will be required at intersec- tions to provide for turning lanes." Substitute motion was made that Planning Commission delete from consideration at this time the proposed realignment of Superior Avenue at intersection with Coast Highway on Master Plan of Streets and Highways. Further, that the Master Plan of Streets and Highways.be amended to incorporate housekeeping revisions as follows: 1. Amend Master Plan to show extension of Balboa Boulevard north of Coast Highway -14- 0 INO&X 0 •. COMMISSIONERS \ % \ *Y\ \ \9 \�� City Of Newport Beach MINUTES • \'• \ \X\ \\ duly 6, 1978 MOLL CALL Ayes Noes Motion All Ayes 40 shifted to a more - westerly alignment. Amend Circulation Element to delete the proposed northerly alignment of Coast Highwa, and add wording to reflect on -going widening of.Coast Highway between the Santa Ana River and Newport Boulevard on Page 6 as follows: 112. Coast Hi hwa between Santa Ana River and Newport ou evard The future 24 -foot minimum widening of Coast Highway between the Santa Ana River and 59th Street will be on the southerly side; and from 59th Street to Newport Boulevard, the widening will be on the northerly side. Additional widening beyond the 24 -foot minimum will be required at inter- sections to provide for turning lanes. MOTION FAILED Commissioner Balalis' original motion was voted on and carried. Motion was made that Planning Commission approve the Negative Declaration and adopt Resolution No. 1012 recommending to the City Council that General Plan Amendment 78 -1 be adopted as set forth in the straw votes on the individual portions of this Amendment listed above. Request.to permit the construction of seven attached single family dwellings with related parking and landscape areas, and the acceptance of an environmental document. Location: Lot 89, Tract 5878, located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The Bluffs. -15- INDKX Item #9 USE PER - T7W_ APPROVED 0 DI- TTONA LY COMMISSIONERS City of Newport Beach /TOLL CALL July 6, 1978 Zone: R -4 -B -2 P.R.D. Applicant: Holstein Industries, Costa Mesa Owner: The Irvine Company, Newport Beach MINUTES • INOLX Request to subdivide 1.65 acres into seven LENTATIVI numbered lots for attached single - family residential development and one numbered lot to be developed as a landscape area, private driveways and guest parking spaces. Location: Lot 89, Tract 5878, located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The Bluffs." Zone: R -4 -B -2 P.R.D. . Applicant: Holstein Industries, Costa Mesa Owner: The Irvine Company, Newport Beach Engineer: Valley Consultants, Inc., Huntington Beach * * * Item #11 Request to permit the construction of seven USE PER - attached single family dwellings with related MIT N.- parking.and landscape areas, and the acceptance -1-73f— of an environmental document. Location: Lot 125, Tract 5435, located at 1976 Vista Caudal, southwesterly of Vista del Oro and northeasterly of Vista Caudal in "The Bluffs." Zone: R -4 -B -2 P.R.D. Applicant: Holstein Industries, Costa Mesa Owner: The Irvine Company, Newport Beach -16- COMMISSIONERS t i POLE. CALL • E City of Newport Beach July 6, 1978 subdivide 1.75 acres into seven lots for attached single family i1 development and one numbered lot to ied as a landscape area, private and guest parking spaces. MINUTES Lot 125, Tract 5435, located at 1976 Vista Caudal, southwesterly of Vista del Oro and northeasterly of Vista Caudal in "The Bluffs." R -4 -B -2 P.R.D. Holstein Industries, Costa Mesa The Irvine Company, Newport Beach Valley Consultants, Inc., Huntington Beach hrough 12 were heard concurrently f their relationship. Development Director Hogan advised matter has been continued for some time a result of the water problems in He added that the Groundwater Study luffs area, which was prepared by James y, Consulting Engineers, i.s a general taining to the entire Bluffs area, specific study dealing with the particu- for which the use permits and ons are requested. Commission discussed the Bluffs Area er Study and the Addendum to the Final to a question by the Planning n, Mr..Wiebe of James Montgomery, g Engineers, appeared before the Commission and advised of his belief remedial measures proposed in the er Study would handle the groundwater - d geologic problems on the parcels in He advised that James Montgomery, g Engineers, studied the sources of -17- INOax Request t numbered residenti be develo driveways Location: Zone: Applicant Owner: Engineer: Items 9 t because o Community that this mainly as that area for the B Montgomer study per and not a lar sites subdivisi Planning Groundwat E.I.R. In answer Commissic Consultir Planning that the Groundwat associate question. Consul tir subdivide 1.75 acres into seven lots for attached single family i1 development and one numbered lot to ied as a landscape area, private and guest parking spaces. MINUTES Lot 125, Tract 5435, located at 1976 Vista Caudal, southwesterly of Vista del Oro and northeasterly of Vista Caudal in "The Bluffs." R -4 -B -2 P.R.D. Holstein Industries, Costa Mesa The Irvine Company, Newport Beach Valley Consultants, Inc., Huntington Beach hrough 12 were heard concurrently f their relationship. Development Director Hogan advised matter has been continued for some time a result of the water problems in He added that the Groundwater Study luffs area, which was prepared by James y, Consulting Engineers, i.s a general taining to the entire Bluffs area, specific study dealing with the particu- for which the use permits and ons are requested. Commission discussed the Bluffs Area er Study and the Addendum to the Final to a question by the Planning n, Mr..Wiebe of James Montgomery, g Engineers, appeared before the Commission and advised of his belief remedial measures proposed in the er Study would handle the groundwater - d geologic problems on the parcels in He advised that James Montgomery, g Engineers, studied the sources of -17- INOax COMMISSIONERS 14061. CALL City of Newport July 6, 1978 Beach MINUTES groundwater in both the study area and in the adjacent areas and found that the major source of groundwater was coming in as subsurface inflow from adjacent areas rather than being contributed from the study area. He further advised that the Groundwater Study addressed only the groundwater problem, although there may be other geologic hazards in this area which are not associated with the groundwater. Public hearing was opened in connection with this matter and Douglas Wood, representing Robert Bein, William Frost & Associates, appeared before the Planning Commission and advised that his firm was directly involved in the preparation of the Addendum to the Final E.I.R. Mr. Wood commented that the conclusions of the Geotechnical Analysis, which was prepared by the firm of Evans, Goffman, and McCormick, were confirmed in the Groundwater Study and voiced . his opinion that subject tracts could be developed in a geotechnical- feasible manner. James Dooley, representing the Holstein Company, appeared before the Planning Commission and advised that the firm of Soils International has concurred that this site is able to be developed safely. Mr. Dooley requested that the park dedication requirement not be applied to this development inasmuch as Holstein Industries has previously dedicated a 13 -acre park which was to serve the entire Bluffs development. He also requested that if the Planning Commission deems it necessary to require Holstein Industries to dedicate new parks, that the specific park fee not be included as a condition of approval and that the specific park fee be determined by the City Council. Mr. Dooley voiced concern that one of the conditions of approval as set forth in the staff report provides that completed residential units shall be offered to purchasers on a leasehol basis. Mr. Dooley felt that this condition should be modified so as to provide that the residential units shall be offered to purchasers on either a fee or leasehold basis. He also voiced concern with staff's recommended condition of approval which provides that prior to the issuance of building permits, the applicant shall enter into an agreement and post a bond with the Bluffs Homeowners Community Association guaranteeing to repair within 30 days all damage caused by mr-a E INCKX 0 • COMMISSIONERS City of Newport `Beach MINUTES 0 MOLL CALL I PA July 6,1978 construction activities to all property under the control of the Bluffs Homeowners Association. Mr. Dooley guaranteed that this will be done but requested.that this conditi.on be amended so as not to require such agreement with the Bluffs Homeowners Association prior to the issuance of building permits. Jack Edmonston, President of the Bluffs Homeowners Association, appeared before the Planning Commission and requested a 30 days' continuance of this matter so as to allow time for the Bluffs Homeowners Association to consider the Groundwater Study and any possible ramifications of these residential units being offered to purchasers on a fee basis. Planning Commission advised Mr. Edmonston that if the Planning Commission acts on this matter this evening, it would not be heard by the City Council prior to August 14, 1978 which Would allow adequate time for consideration of the Groundwater Study and the possible.ramifi - cations of sale of these residential units. It was the consensus of the Planning Commission that Condition No. 18 as set forth in the staff report for Use Permits No. 1730 and 1731 should be deleted inasmuch as it is not within the purview of the City to determine whether property is to be leased or sold. Community Development Director Hogan explained that the entire purpose of this condition was to make it possible for these developments to become a part of the Bluffs Homeowners Association. Maxine Lundberg, 2118 Vista Entrada, appeared before the Planning Commission and voiced her . belief that Holstein Industries misrepresented the proposed use of the tracts in question to over half of the owners of the present Bluffs development. Ms. Lundberg then presented copies of maps that were given to the owners of the presently- developed tract which projected these sites as a greenbelt. She also advised that the Bluffs homeowners have spent considerable amounts of money correcting terrain, drainage and landscaping which was done improperly, or not at all; by the developer. She added that the -19- Inoax COMMISSIONERS i 9 City of Newport Beach July 6, 1978 MOLL CALL developer also failed to provide all of the additional parking specified in the City - approved plans. Annette Kates, resident of the Bluffs, appearel before the Planning Commission and commented that although the recommendations set forth in the Groundwater Study may solve the water problems for the new development, the homes that are already constructed will still have water problems. Marie Buckey, resident of the Bluffs, appeared before the Planning Commission and requested a 30 days' continuance of this matter to allow time for the Bluffs Community Association's consultant to review the Groundwater Study. Planning Commission expressed that many of the concerns voiced thus far have dealt with issues which should be taken up with the developer and do not relate to the approval of this proposal. Maxine Lundberg reappeared before the Planning Commission and voiced concern that the remedial measures offered in the Groundwater Study do not offer any guarantees that the groundwater problems in this area will be solved. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make All Ayes the following findings with reference to Use Permit No. 1730: 1. That the Planning Commission has reviewed the Addendum to the Final Environmental Impact Report that was previously certified by the City Council. 2. That the Planning Commission has consider the information contained in the EIR and the Addendum.to the Final EIR in reaching their decision. -20- MINUTES ad INWKX r� u 0 COMMISSIONERS City of Newport Beach. July 6, 1978 POLL CALL 3. That the density surrounding Use Permit 1730 and Tract 8682 is 4.48 DU/ Gross Acre and the density proposed under Use Permit 1730 and Tract 8682 is 4.24/ Net Acre. Therefore, the 7 units proposed by this development does not exceed the density of the immediate. surrounding area. 4. That conditions on the development to be reviewed at the time of the final subdivis map insure that the development in terms of dwelling size, elevation of structure, average number of bedrooms and architectur design and detail will be in harmony with immediately surrounding dwellings. 5. That the design of Tract 8682 such as drainage and sanitary facilities, public utility easements, lot size and configuration, traffic access and the size and number of parking spaces, conforms wit the City's Zoning Ordinance, Subdivision • Ordinance and General Plan. 6. All public improvements, such as street trees, fire hydrants and other public improvements, will be constructed and installed in accordance with City Ordinanc and policies. 7. That all grading will be accomplished in accordance with grading plans and soils reports approved by the City's Grading Engineer and prepared pursuant to the City's Grading Ordinance. Mitigation measures incorporated into the grading pla will assure that any impacts to the environment from erosion, siltation and runoff will be kept to a minimum. 8. That the traffic to be generated by the proposed development, when added to existi traffic on Vista del Oro, will generally not exceed 50% of the designed ADT capacity for Vista del Oro. 9. That the proposed development is consister with the Residential Growth Element of the • General Plan. -21- MINUTES io 11 11 es n ng t INCEA COMMISSIONERS City of, Newport Beach MINUTES /TOLL CALL July 6, 1978 10. That the development is planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and meets the standards of dwelling type, density, open space, light and air, pedestrian and vehicular access, parking and traffic circulation required for the zoning district in which it is located. 11. The approval of Use Permit No. 1730 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and.improvements in the neighborhood or the general welfare of the City. 12. That.the proposed map is not inconsistent. with applicable general and specific plans. 13. That the design or improvement of the proposed subdivision is not inconsistent with applicable general and specific plans. 14. That the site is physically suitable for the type.of development. 15. That the site is physically suitable for the proposed density of the development. 16. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 17. That the design of the subdivision or the type of improvements is not likely to cause serious health problems. 18. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 19. That the discharge of waste from the propose -22- J INOIX • • COMMISSIONERS, City of Newport Beach July 6, 1978 ROLL CALL subdivision into an existing community sewer system would not result in violation existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Sections 13,000 et seq of the Water Code. and approve Use Permit No. 1730, subject to the following conditions: 1. That approval of this use permit shall be for recommendation purposes only. .Final approval shall be determined by the City Council. 2. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as modified by Conditions No. 3 through 7 below. • 3. That all dwelling units shall conform to the original floor plans used in the immediately adjacent Tract 5878 (1966), and shall be limited as to the number of units in the proposed tract, elevations, total square footage for each unit, and number of bedrooms of the immediately adjacent tract as follows: Use Permit 1730 (Tract 8682): (In con ormance with immediately adjacent Tract 5878 inner circle of 34 homes) A maximum of 7 units: 2 2- bedroom units, . 1 1 -story "A" floor plan 1 2 -story "H" floor plan 3 3- bedroom units, all 1- story, 2 "B" floor plan 1 "L" floor plan 2 4- bedroom units, all 2 -story "G" floor plan. 41. That prior to the issuance of building permits, the applicant shall retain the architectural firm of either Kiyotoki -23- MINUTES INO<X COMMISSIONERS. 9 City of Newport Beach July 6, 1978. MOLL CALL Bell & Associates, Inc. or Richard Leitch International Architects and said firm shall certify to the Department of Community Development that the structures are compatible and incorporate the same details as surrounding dwellings as to architectural design and exterior detail 5. Lot lines shall not extend more than 6.6 feet from the foundation line. 6. All buildings, building eaves, and patio roofs, shall maintain required setbacks as determined by the Uniform Building Code. 7. Electric garage door openers shall be included in all proposed units to encourage the use of garage space for the storage of automobiles. 8. That all mitigation measures contained in Section 5 of the EIR (Pages 43 through 52). with the exception of Items 1 and 2 of that portion pertaining to subsurface drainage, are hereby incorporated as conditions of approval. In addition, all the mitigation measures contained in the Addendum to the Final EIR as summarized on pages 30 - 36 are incorporated as conditions of approval. 9. All structures shall be constructed with a relieved slab system with moistureproofii on both sides or an equivalent meeting the approval of the Building Official. 10. That the dwelling units be sound attenuate( to achieve a maximum interior noise level of 45 dB(a). 11. That detailed landscaping plans, including any perimeter walls and fences, and a watering system and schedule for installa- tion, shall be prepared by a landscape architect and shall be subject to approval by the Director of Community Development, the Director of Parks, Beaches and Recreation, and the Bluffs Homeowners Community Association. Said landscaping may consist of lawn, trees, shrubbery and other plant materials. The landscaping -24- MINUTES S. ig INOUL • a COMMISSIONERS S City of Newport Beach July 6, 1978 MOLL CALL and watering system shall be installed in accordance with the approved plan and shall be properly maintained. In the event installation is not completed on schedule, the City of Newport Beach may require a reasonable guarantee for completion of said landscaping.. All planting shall be of the size, maturity and nature as exists in the surrounding area where possible. 12. Deep drainage and drain tiles shall be installed in this tract to eliminate the.collection of water in the greenbelt areas. The base of drainage swales in the common areas should be lined with concrete to facilitate drainage. 13. That all storage or trash areas shall be shielded from view within a building or within an area enclosed by a will not.less • than 6 feet in height. 14. Prior to the issuance of building permits, the applicant shall enter into an agreement and post an adequate bond with the City guaranteeing to repair within 30 days all damage caused by construction activities to all real and personal property under the control of the Bluffs Homeowners Community Association, including driveways and landscaping, and also provide clean -up bonds for swimming pools adjacent to each building site which may incur dirt damage. 15. That Vista del Oro shall be used as the haul route for all.construction vehicles and the movement of all construction equipment and materials whenever feasible. Temporary parking bays shall be provided on each site for the parking of workmen's vehicles. 16. Ho workmen shall begin work prior to 8:00 a.m. and no power. equipment shall be start prior to 8:00 a.m. or after 5:00 p.m. on Mondays through Fridays. No work shall be done on Saturdays or Sundays. . 17. The covenants, conditions and restrictions of each dwelling shall grant to the Bluffs -25- MINUTES ed INOKX COMMISSIONERS City of Newport Beach July 6, 1978 MINUTES MOLL CALL Homeowners Community Association an easement to the unit foundation line for the purpose o continued maintenance of landscaping and walls, and shall be consistent with all regulations established for the Bluffs Homeowners Community Association. 18. That all applicable conditions of approval for the Tentative Map of Tract No. 8682 shall be fulfilled. Motion Motion was made that Planning Commission make the All Ayes following findings with reference to Tentative Map Tract No. 8682: 1. That the Planning Commission has reviewed the Addendum to the Final Environmental Impact Report that was previously certified by the City Council. 2. That the Planning Commission has considered the information contained in the EIR and the Addendum to the Final EIR in reaching their decision. 3. That the density surrounding Use Permit 1730 and Tract 8682 is 4.48 DU /Gross Acre and the density proposed under Use Permit 1730 and Tract 8682 is 4.24 /Net Acre. Therefore, the 7 units proposed by this development does not exceed the density of the immediate surrounding area. 4. That conditions on the development to be reviewed at the time of the final subdivision map insure that the development in terms of dwelling size, elevation of structure, averag number of bedrooms and architectural design and detail will be in harmony with immediatel surrounding dwellings. 5. That the design of Tract 8682, such as drainage and sanitary facilities, public util easements, lot size and configuration, traffi access and the size and number of parking spaces, conforms with the City's Zoning Ordinance, Subdivision Ordinance and General Plan. 6. All public improvements, such as street trees fire hydrants and other public improvements, will be constructed and installed in accordance with City Ordinances and policies. -26- IMOtx • �J [J COMMISSIONERS City of Newport Beach July 6. 1978 POLL CALL 7. That all grading will be accomplished in accordance with grading plans and soils reports approved by the City's Grading Engineer and prepared pursuant to the City Grading Ordinance. Mitigation measures incorporated into the 'grading plan will assure that any impacts to the environment from erosion, siltation and runoff will be kept to a minimum. 8. That the .traffic to be generated by the proposed development, when added to existing traffic on Vista del Oro, will generally not exceed 50% of the designed ADT capacity for Vista del Oro. 9. That the proposed development is consistent with the Residential Growth Element of the General Plan. 10. That the development is planned and designed as a unit to produce an environm of stable, desirable character not out of harmony with its surrounding neighborhood and meets the standards of dwelling type, density, open space, light and air, pedestrian and vehicular access, parking and traffic circulation required for the zoning district in which it is located. 11. That the proposed map is not inconsistent with applicable general and specific plans 12. That the design or improvement of the proposed subdivision is not inconsistent with applicable general and specific plans 13. That the site is physically suitable for the. type of development. 14. That the site is physically suitable for proposed density of the development. 15. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish • or wildlife or their habitat. 16. That the design of the subdivision or the -27- MINUTES 's ent the INOLX COMMISSIONERS City Of Newport Beach MINUTES POLL CALL July 6, 1978 type of improvements is not likely to cause serious health problems. 17. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 18. That the discharge of waste from the propos subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Sections 13,000 et seq of the Water Code. 19. That the approval of the Tentative Map of Tract 8682 is consistent with the General Plan, and the proposed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified by that plan. and approve Tentative Map Tract 8682, subject to the following conditions: 1. That all applicable conditions of approval for Use Permit No. 1730 be fulfilled. 2. Parkway trees shall be planted on Vista del Oro in accordance with the Department of Parks, Beaches and Recreation specifi- cations. 3. That fire hydrants be installed on Vista del Oro at Esplanade and Encina prior to the issuance of Building Permits. The fire hydrants shall be constructed under an Encroachment Permit issued by the Public Works Department. That all public improvements be constructed as required by ordinance and the Public Works Department. 5. That Section 19.20.110 of the Subdivision Ordinance requiring that lots abut on a street be waived in accordance with the provisions of Section 19.32.030 provided that adequate access is furnished. 00 u INDKX • • COMMISSIONERS tp 7f 7��p9�0 City of Newport Beach July 6, 1978 MOLL CALL 6. That Section 19.20.110 of the Subdivision Ordinance regarding size and shape of lots be waived in accordance with the provisions of Section 19.32.030. 7. That the requirement for a perimeter of public streets be waived in accordance with the provisions of Section 20.50.080 of the Zoning Code. 8. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 9. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 10. That all grading be in accordance with grading plans and soils reports approved by the City Grading Engineer and a qualified Soils Engineer. Upon completio of.the grading, the Civil Engineer and th Soils Engineer shall certify that the grading has been completed according to the plans and the requirements of the grading ordinance. Permanent reproducibl copies of the "as- built" grading plans on standard size sheets shall be furnished, to the Department of Community Develo;pmen Special attention shall be given to provi interim erosion control measures in order protect the tidelands, wildlife, and wate quality of Upper Newport Bay. 11. That prior to the submittal of the Final Map, the subdivider shall prepare and sub for the approval of the City Attorney and Director of Community Development, a docu which shall provide for the merger or annexation of any community association required of this development with the existing Bluffs Homeowners Community Association, or an agreement which shall provide for the mutual maintenance, upkee use and enjoyment of all common street,. recreation,. and open space areas, and whi provides for mutual architectural review -29- MINUTES t. din to mit th p+ ch INO1x COMMISSIONERS \lap \$0\01p$\ City of Newport Beach July 6, 1978 DOLL CALL and control over architectural :features such as, but not limited to, landscaping, walls, room additions, patio covers, exterior paint, etc., which are constructe within Tract 8682 subsequent to the original dwellings. The subdivider shall, in good faith, diligently pursue the merger, annexation or agreement on reasonable terms mutually agreeable to both it and the Association. However, failure of the Bluffs Homeowners Associati to accept any of the proposals noted above shall not bind the subdivider to further negotiations. 12. That there shall be submitted a declaratio of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility faciliti open areas between dwelling groups, parkin areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. Said C.C.& R.'s shall conform with the C.C.& R.'s which have been established for the Bluffs Homeowners Community Associatio 13. That a final tract map be filed for Tract 8682. 14. That all improvements be constructed as required by ordinance and the Public Works Department. 15. That each lot be provided with individual water and sewer connections to the public mains to the satisfaction of the Public Works Department. These connections shall be made under an Encroachment Permit issue by the Public Works Department. 16. The developer shall pay park fees in accordance with Section 19.50.050 of the Newport Beach Municipal Code. 17. The Bluffs Area Groundwater Study, prepare -30- MINUTES • INOLX i rn i �s'I . 1. J 0 • COMMISSIONERS City of Newport Beach July 6, 1978 MINUTES MOLL CALL ` by James M. Montgomery Engineers, Inc., shall be specifically noted in the State of California Final Subdivision Public Report for homes in these tracts for the purpose of identifying groundwater conditions in the area. Motion X Motion was made that Planning Commission make All Ayes the following findings with reference to Use Permit 1731: 1. That the Planning Commission has reviewed the Addendum to the Final Environmental Impact Report that was previously certified by the City Council. 2. That the Planning Commission has considered the information contained in the EIR and • the Addendum to the Final EIR in reaching their decision. 3. That the density surrounding Use Permit 1731 and Tract 8681 is 4.70 DU /Gross Acre and the density proposed under Use Permit 1731 and Tract 8681 is 4.0 DU /Net Acre. Therefore, the 7 units proposed by this development does not exceed the density of the immediate surrounding area. 4. That conditions on the development to be reviewed at the time of the final subdivision map insure that the development in terms of dwelling size, elevation of structure, average number of bedrooms and architectural design and detail will be in harmony with immediately surrounding dwellings. 5. That the design of Tract 8681, such as drainage and sanitary facilities, public utility easements, lot size and configuratioi traffic.access and the size and number of parking spaces, conforms with the City's Zoning Ordinance, Subdivision Ordinance and . General Plan. 6. All public improvements, such as street -31- frJOEX COMMISSIONERS City of Newport Beach MINUTES MOLL CALL Jul trees, fire hydrants and other public improvements, will be constructed and installed in accordance with City Ordinances and policies. 7: That all grading will be accomplished in accordance with grading plans and soils reports approved by the City's Grading Engineer and prepared pursuant to the City's Grading Ordinance. Mitigation measures incorporated into the grading plan will assure that any impacts to the environment from erosion, siltation and runoff will be kept to a minimum. 8. That the traffic to be generated by the proposed development, when added to existing traffic on Vista del Oro, will generally not exceed 50% of the designed ADT capacity for Vista del Oro. 9. That the proposed development is consistent with the Residential Growth Element of the General Plan. 1.0. That the development is planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and meets the standards of dwelling type, density, open space, light and air, pedestrian and vehicular access, parking and traffic circulation required for the zoning district in which it is located. 11. The approval of Use Permit No. 1731 will not, under the circumstances of this case be detrimental to the health, safety, peace., morals, comfort and general welfare of persons residing and working in the neighborhood or.be detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City. 12. That the proposed map is not inconsistent with applicable general and specific plans. 13. That the design or improvement of the proposed subdivision is not inconsistent with applicable general and specific plans. -32- C INDEX COMMISSIONERS is C-@ City of Newport Beach July 6, 1978 MULL. CALL 14. That the site is physically suitable for the type of development. 15. That the site is physically suitable for the proposed density of the development. 16. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 17. That the design of the subdivision or the type of improvements is not likely to cause serious health problems. 18. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through or use of ' property within the proposed subdivision. 19. That the discharge of waste from the propos subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by the California Regional. Water Quality Control Board pursuant to Sections 13,000 et seq of the Water Code. and approve Use Permit 1731, subject to the following conditionse 1. That approval of this use permit shall be for recommendation purposes only. Final approval shall be determined by the City Council. 2. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as modified by Conditions Nos. 3 through 7 bel 3• That all dwelling units shall conform to the original floor plans used in the immediately adjacent Tract 5435 (1964), and shall be limited as to the number of units the tract, elevations, total square footage for each unit, and number of bedrooms of the immediately adjacent tract as follows: -33- MINUTES ed ow. in INOIX COMMISSIONERS City of Newport Beach MINUTES MOLL CALL Jul Use Perm e it 1731 (Tract 8681): (In conformanc with 5mediately immediately adjacent Tract 5435 inner circle of 38 homes) A maximum of 7 units: 4 2- bedroom units, all 1- story. "A" floor plan 3 3- bedroom units, all 2- story, 2 "G" floor plan 1 "C" floor plan. 4. That prior to the issuance of building permits, the applicant shall retain the architectural firm of either Kiyotoki Bell & Associates, Inc. or Richard Leitch International Architects and said firm shall certify to the Department of Community Development that the structures are compatible and incorporate the same details as surrounding dwellings as to architectural design and exterior details. 5. Lot lines shall not extend more than 6.6 feet from the foundation line. 6. All buildings, building eaves, and patio roofs shall maintain required setbacks as determined by the Uniform Building Code. 7. That all 11 existing guest - parking bays now located within Use Permit 1731 (Tract 8681), provided by the applicant and used by residents in Tract 5435 (Vista Caudal) for 10 years, shall not be removed, and 7 additional guest - parking bays shall be installed within the Use Permit 1731 (Tract 8681) site to satisfy the City's off - street parking requirement for this tract. B. Electric garage door openers shall be included in all proposed units to encourage the use of garage space for the storage of automobiles. 9. That all mitigation measures contained in Section 5 of the EIR (Pages 43 through 52), with the exception of Items 1 and 2 of that portion pertaining to subsurface -34- • INC X COMMISSIONERS City of Newport Yi July 6, 1978 Beach MINUTES DOLL CALL drainage, are hereby incorporated as conditions of approval. In addition, all the mitigation measures contained in the Addendum to the Final EIR as summarized on pages 30 - 36 are.incorporated as conditions of approval. 10. All structures shall be constructed with a relieved slab system with moistureproofing on both sides or an equivalent meeting the approval of the Building Official. 11. That the dwelling units be sound attenuated to achieve a maximum interior noise level of 45 dB(a). 12. That detailed landscaping plans, including any perimeter walls and fences, and a watering system and schedule for installation shall be prepared by a landscape architect . and shall be subject to approval by the Director of Community Development, the Director of Parks, Beaches and Recreation, and the Bluffs Homeowners Community Association. Said landscaping may consist of lawn, trees, shrubbery and other plant materials. The landscaping and watering system shall be installed in accordance with the approved plan and shall be properly maintained. In the event installation is not completed on schedule, the City of Newport Beach may require a reasonable . guarantee for completion of said landscaping. All planting shall be of the size, maturity and nature as exists in the surrounding area where possible. 13. Deep drainage and drain tiles shall be installed in each tract to eliminate the collection of water in the greenbelt areas. The base of drainage swales in the common areas should be lined with concrete to facilitate drainage. 14. That all storage or trash areas shall be shielded from view within a building or within an area enclosed by a wall not less • than 6 feet in height. 15. Prior to the issuance of building permits, -35- INORX COMMISSIONERS City Of Newport Beach MINUTES /TOLL CALL Motion All Ayes July 6, 1978 the applicant shall enter into an agreement and post an adequate bond with the City guaranteeing to repair within 30 days all damage caused by construction activities to all real and personal property under the control of the Bluffs Homeowners Community Association, including driveways and landscaping, and also provide clean -up bonds for swimming pools adjacent to each building site which may incur dirt damage. 16. That Vista del Oro shall be used as the haul route for all construction vehicles and the movement of all construction equipment and materials whenever feasible. Temporary parking bays shall be provided on each site for the parking of workmen's vehicles. 17. No workmen shall begin work prior to 8:00 a.m. and no power equipment shall be started prior to 8:00 a.m. or after 5:00 p.m. on Mondays through Fridays. No work shall be done on Saturdays or Sundays. 18. The covenants, conditions and restrictions of each dwelling shall grant to the Bluffs Homeowners Community Association an ease- ment to the unit foundation line for the purpose of continued maintenance of landscaping and walls, and shall be consistent with all regulations established for the Bluffs Homeowners Community Association. 19. That all applicable conditions of approval for the Tentative Map of Tract 8681 shall be fulfilled. Motion was made that Planning Commission make the following findings with reference to Tentative Map Tract No. 8681: That the Planning Commission has reviewed the Addendum to the Final Environmental Impact Report that was previously certified by the City Council. -36- \J INO&X COMMISSIONERS City of Newport Beach July 6, 1978 ROLL GALL 2. That the Planning Commission has considered the information contained in the EIR and the Addendum to the Final EIR in reaching their decision. 3. That the density surrounding Use Permit 1731 and Tract 8681 is 4.70 DU /Gross Acre and the density proposed under Use Permit 1731 and Tract 8681 is 4.0 DU /Net Acre. Therefore, i 7 units proposed by this development does nc exceed the density of the immediate surrounc area. 4. That conditions on the development to be reviewed at the time of the final subdivisic map insure that the development in terms of dwelling size, elevation of structure, averi number of bedrooms and architectural„ design and detail will be in harmony with immediate surrounding dwellings. 5. That the design of Tract 8681, such as • drainage and sanitary facilities, public utility easements, lot size and configurati( traffic access and the size and number of parking spaces, conforms with the City's Zoning Ordinance, Subdivision Ordinance and General Plan. 6. All public improvements, such as street trei fire hydrants and other public improvements will be constructed and installed in accord+ with City Ordinances and policies. 7. That all grading will be accomplished in accordance with grading plans and soils reps approved by the City's Grading Engineer and prepared pursuant to the City's Grading Ordinance. Mitigation, measures incorporate into the grading plan will assure that any impacts to the environment from erosion, siltation and runoff will be kept to a mini) 8. Thatthe traffic to be generated by the pro,, development, when added to existing traffi on Vista del Oro, will generally not excee, 50% of the designed ADT capacity for Vista del Oro. . 9. That the proposed development is consistent the Residential Growth Element of the Gener Plan. 10. That the development is planned and designe -37- MINUTES 11nioax he t in n gel ly n, �s, Inc ert I ium )os d i wi h it i ■ COMMISSIONERS 4 7 City of Newport Beach ,lul v 6. 1978 MOLL CALL as a unit to produce an environment of stabl desirable character not out of harmony with its surrounding neighborhood and meets the standards of dwelling type, density, open space, light and air, pedestrian and vehicular access, parking and traffic circulation required for the zoning district in which it is located. 11. That the proposed map is not inconsistent with applicable general and specific plans. 12. That the design or improvement of the proposed subdivision is not inconsistent with applicable general and specific plans. 13. That the site is physically suitable for the type of development. lh. That the site is physically suitable for the proposed density of the development. 15. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 16. That the design of the subdivision or the type of improvements is not.likely to cause serious health problems. 17. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through.or use of property within the proposed subdivision. 18. That the discharge of waste from the propos subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Sections 13,000 et seq of the Water Code. 19. That the approval of the Tentative Map of Tract 8681 is consistent with the Genera Plan, and the proposed subdivision and land use is compatible with the objectives, policies, general land uses and programs specified by that plan. -38- MINUTES ed INOax lJ 0 COMMISSIONERS . . z City of Newport Beach July 6, 1978 POLL CALL and approve Tentative Map Tract 8681, subject to the following conditions: 1. That all applicable conditions of approval for Use Permit 1731 shall be fulfilled. 2. Parkway trees shall be planted on Vista del Oro in accordance with the Department of Parks, Beaches and Recreation specifications. 3. That fire hydrants be installed on Vista del Oro at Esplanade and Encina prior to the issuance of Building Permits. The fire hydrants shall be constructed under an Encroachment Permit issued by the Publi Works Department. 4. That all public improvements be constructe as required by ordinance and the Public • Works Department., 5. That Section 19.20.110 of the Subdivision Ordinance requiring that lots abut on a street be waived in accordance with the provisions of Section 19.32.030 provided that adequate access is furnished. 6. That Section 19.20.110 of the Subdivision Ordinance regarding size and shape of lots be waived in accordance with the provisions of Section 19.32.030. 7. That the requirement for a perimeter of public streets be waived in accordance with the provisions of Section 20.50.080 of the Zoning Code. 8. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 9. That the boundary of the final tract map be checked by the County Surveyor before . being submitted to the City for approval. -39- MINUTES INOI•x COMMISSIONERS City of Newport Beach MINUTES M06L CALL July 6, 1978 10. That all grading be in accordance with grading plans and soils reports approved by the City Grading Engineer and a qualified Soils Engineer. Upon completion of the grading, the Civil Engineer and the Soils Engineer shall certify that the grading has been completed according to the plans and the requirements of the grading ordinance. Permanent reproducible copies of the "as- built" grading plans on standard size sheets shall be furnished to the Department of Community Development. Special attention shall be given to providing interim erosion control measures in order to protect the tidelands, wildlife, and water quality of Upper Newport Bay. 11. That prior to the submittal of the Final Map, the subdivider shall prepare and submit for the approval of the City Attorney and the Director of Community Development a document which shall provide for the merger or annexation of any community association required of this development with the existing Bluffs Homeowners Community Association, or an agreement which shall provide for the mutual maintenance, upkeep, use and enjoyment of all common street, recreation, and open space areas, and which provides for mutual architectural review and control over architectural features such as, but not limited to, landscaping, walls, room additions, patio covers, exterior paint, etc., which are constructed within Tract 8681 subsequent to the original dwellings. The subdivider shall, in good faith, diligently pursue the merger, annexation or agreement on reasonable terms mutually agreeable to both it and the Association. However, failure of the. Bluffs Homeowners Association to accept any of the proposals noted above shall not bind the subdivider to further negotiations. 12. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, -40- INOLX • COMMISSIONERS City Of Newport Beach MINUTES 6 MOLL CALL 0 n lJ July 6, 1978 fencing and all physical features such as buildings, fire hydrants, utility facilities open areas between dwelling groups, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. Said C.C.& R.'s shall conform with the C.C.& R.'s which have been established for the Bluffs Homeowners Community Association. 13. That a final tract map be filed for Tract 8681. 14. That all improvements be constructed as required by ordinance and the Public Works Department. 15. That each lot be provided with individual water and sewer connections to the public mains to the satisfaction of the Public Works Department. These connections shall be made under an Encroachment Permit issued by the Public Works Department. 16. The developer shall pay park fees in accordance with Section. 19.50.050 of the Newport Beach Municipal Code. 17. The Bluffs Area Groundwater Study, prepared by James M. Montgomery Engineers, Inc., shall be specifically noted in the State of California Final Subdivision Public Report for homes in these tracts for the purpose of identifying groundwater conditions in the area. Planning Commission recessed at 10:20 p.m. and reconvened at 10:30 p.m. Request to amend the Planned Community Developmeni Plan for Koll Center Newport so as to permit general changes in the Land Use Map and Text. Location: The Planned Community of Koll Cent Newport on property bounded by MacArthur Boulevard, Jamboree Road and Campus Drive. Zone: P -C -41- lNOtx Item #13 AMENDMENT N6. W8 CONT. TO 1� COMMISSIONERS City of Newport Beach July 6, 1978 MOLL CALL Applicant: Koll Center Newport Owner: Aetna Life Insurance Co., Hartford, Connecticut Motion X Planning Commission continued this item to the All Ayes meeting of July 20, 1978. Request to amend a portion of Districting Map No. 11 from the C -1 District to the R -2 Distric Location: Lots 1 through 9, Block 3, Newpo Bay Tract, Lots 6 and 7, Block 1 Balboa Tract, and Lots 9 through 16, Block 3,- Balboa Tract, locat at 300 - 328 East Balboa Bou.leva 203 - 205 Cypress Avenue, and 404 - 416 East Balboa Boulevard, on the northerly side of East Balboa Boulevard between Coronad Street and Adams Street, on the Balboa Peninsula. Initiated by: City of Newport Beach Public hearing was opened in connection with this item and there being no one desiring to. appear and be heard thereon, the public hearing was closed. Motion X Motion was made that Planning Commission amend All Ayes Districting Map No. 11 and approve Amendment No. 511 to reclassify the properties from C -1 to R-2 between Coronado and Cypress (Lots l - 9 Block 3, Newport Bay Tract and Lots 6 and 7, Block 1, Balboa Tract,) and establish a 5' front yard setback along East Balboa Boulevard and a 5' front yard setback on the west side of Cypress Avenue. -42- MINUTES • INOLX Item #14 AMENDMENT t NO.. `511 rt ADOPTED ed rd • D f COMMISSIONERS City of Newport Beach P July 6, 1978 MOLL CALL Request to construct a two -story single- family dwelling where portions of the structure (i.e., a turret and a chimney)exceed the basic height limit within the 24/28 Foot Height Limitation District. Location: Lot 17, Block 1, Section 5, Balboa Island, located at 126 Grand Canal, on the southeasterl corner of The Grand Canal and Park Avenue on Balboa Island. Zone: R -1.5 Applicants: Mr. and Mrs. Raymond Zeff, Balbo Island Owners: Same as Applicants Public hearing was opened in connection with this item and Tully Seymour, Attorney -at -Law, appeared before the Planning Commission on behalf of the Applicant. Mr. Seymour urged Planning Commission support of this applicatior as this height variance would allow for the construction of a more - aesthetically pleasing development. He commented on this building's proximity to the Grand Canal bridge and felt that because of the.unique location of this structure, approval of this variance would not set a precedent. He then presented letters from Mr. and Mrs. Kenneth Morgan, 200 Grand Canal, and Judge and Mrs. James Turner, 127 Abalone Avenue, indicating their support of this proposal. He added that the plans for this building have been reviewed by both ti Little Island and Big Island Community Associations and they have no objections to same. Raymond Zeff, Applicant, appeared before the. Planning Commission and urged approval of this variance so that a more attractive development can be constructed. Howard Martin appeared before the Planning Commission and spoke in support of this propos, -43- MINUTES y a le sl. raos.x Item #15.' VARIANCE N0. 06 APPROVED aluf__ TIONAL Y COMMISSIONERS City of Newport Beach ROLL CALL Motion All Ayes July 6, 1978 Alan Beek, 2120 - 16th Street, appeared before the Planning Commission and questioned why this proposal requires a variance inasmuch as the average part of the roof is less than 24' and the maximum height is less than 28'. Assistant Director - Planning Hewicker responded that the average height of this proposed element of the roof structure is 25J�' above grade, and the Ordinance is interpreted to apply to each individual element of the roof. There being no others desiring to appear and be heard on this matter, the public hearing was closed. MINUTES Motion was made that Planning Commission make the following findings: 1. That .there are exceptional and extraordinary circumstances applying to this site, which circumstances do not apply generally to land in the same district. 2. That the granting of the request is necessary for the preservation and enjoyment of substantial property rights of the applicant since it is the applicant's desire to create an architecturally distinguished building at the "Little Island" entrance. 3. That the proposed construction will not obstruct views from adjoining properties. 4. That the proposed height encroachments are minor in nature. 5. That the major portion of the building is within the Zoning Code height requirements. and approve Variance No. 1069, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevations.. 2. That the location and condition of the driveway access be approved by the Public Works Department. -44- 1NONA I COMMISSIONERS N\ 4 1 City of Newport Beach July 6, 1978 ACLL CALL 3. That all other new construction conform to the Zoning Code requirements. Request to permit the construction of a two- story single family dwelling and related two car garage to the rear of an existing commercia shop in the C -2 District. A modification to th Zoning Code is also requested, since a portion of the required parking spaces are tandem spaces (where the Ordinance provides that all required parking spaces shall be accessible and usable). Location: Lot 17, Block 331, Lancaster's Addition, located at 428 31st Street, on the southerly side of 31st Street between Newport Boulevard and Villa Way in Cannery Village. • Zone:. C -2 Applicant: Mamie Van Doren, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter and Mamie Van Doren, Applicant, appeared before the Planning Commission and concurred with the staff report and the finding and conditions contained therein. There being no others desiring to appear and be heard on this item, the public hearing was closed. Motion X Motion was made that Planning Commission make All Ayes the following 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 project will not have any significant environmental impact. -45- MINUTES INC1x Item #16 USE PER- 141T NO. Tur- APPROVED CND - Tf"WELY COMMISSIONERS pC S qVC � �9C City of Newport Beach 10v 6. 1978 woLL CALL, . 3. The proposed development, with the proposed revisions recommended by staff, meets.or exceeds most of the development standards of the C -R District (i.e., building height, parking spaces,.buildable area, etc.). 4. That the establishment of tandem parking spaces and the second floor encroachment into the required 10 foot rear yard will not, under the circumstances of the particular case, be detrimental to the hea' 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 consistel with the legislative intent of Title 20 of this Code. 5. The approval of Use Pemrit No. 1872 will ni 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 neighborh or the general welfare of the City. and approve Use Permit No. 1872, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, f plans and elevations, and section except a noted in Condition Nos. 2 and 3. 2. That the proposed garage door enclosing the two proposed tandem parking spaces shall be eliminated. 3. That one tandem parking space and the accessible parking space in front of said. tandem parking space shall be reserved for proposed residential unit at all times. The residential parking spaces may be enclosed by walls and an operating garage. -46- MINUTES thl It It, Iod loo th INOOM • COMMISSIONERS 0 9 Om� 7' 7� Opgy�C' • @ p'f,,, Q@,P City of Newport. Beach July 6, 1978 DOLL CALL door if requested by the applicant. 4. That all 5 offstreet parking spaces shall only be utilized for vehicular storage. 5. That an encroachment permit for the brick surfacing in the parkway be obtained from 1 Public Works Department in accordance with Council Policy L -6. Request to permit the construction of two duplel and related garage spaces in the C -1 District, and the acceptance of an environmental document The proposed duplexes encroach to within 6' ± of the rear property line (where the Ordinance requires a 10' rear yard setback in the C -1 District when abutting an alley). Location: Lots 9 and 10, Block 5, Balboa Tract located at 202 and 204 Adams Street, on the southeaster' side of Adams Street between Eas Balboa Boulevard and East Bay Avenue in Central Balboa. Zone: C -1 Applicant: Properties West, Inc., Newport Beach Owner: 204 Limited, Tustin Public hearing was opened in connection with this item and Dana Smith, Applicant, appeared before the Planning Commission and concurred with the findings and conditions set forth in the staff report. Mike Kirst, 204 Adams, appeared before the Planning Commission and commented on the narrow alley the fact that views would be blocked ,and if these duplexes are constructed. He opposed the project because he felt that too . many small single - family dwellings are being removed and replaced with duplexes and -47- MINUTES he es y /NOIX COMMISSIONERS N\_ @ City of Newport Beach Julv 6, 1978 POLL CALL felt that this will exclude smaller families from living in the area. Diane Longdow, 202 Adams, appeared before the Planning Commission and spoke in opposition to this proposal in view of the lack of vehicular maneuverability on this narrow alley and also because she did not believe that duple would be compatible with the surrounding commercial land use. There being.no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make All Ayes the following findings: 1. That the proposed residential development consistent with the General Plan, and is compatible with surrounding land uses. Th proposed development will also eliminate ur sightly older residential units on the prof 2. That the proposed development meets or exceeds all of the requirements of the R -2 District (i.e., floor area limit, open space option, building height, parking, etc.) 3. That the establishment of a 5 foot rear yard setback along the rear property line of the two adjoining lots will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of per 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 legis- lative intent of Title 20 of this Code. . 4. The approval of Use Permit No. 1873 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.injuriot to property and improvements in the neighborhood or the general welfare of the City. -48- MINUTES xel i s. e ier E R L INCKX L_J COMMISSIONERS 9p �o tp ..City of Newport p� 7 9 pAp9�O . July 6, 1978 POLL CALL 45 and approve Use Permit No. 1873, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plans, floor plans, and elevations.. 2. That the curb and sidewalk on Adams Street be reconstructed. That the full width of the alley along Lots 9 and 10 be improved with P.C.C. pavement to grades provided by the Public Works Department. MINUTES Request to enlarge. the existing Ambrosia Restaurant facility in the M -1 District. The proposal includes the acceptance of an off site parking agreement for a portion of the required offstreet parking spaces or a waiver of a portion of said parking spaces. A modification to the Zoning Code is also requested, since the proposed development encroaches to within 5 feet of the rear property line (where the Ordinance requires a minimum 10 foot rear yard setback in the M -1 District when .abutting a 14 foot wide alley). The proposal also includes a modification from the parking standards so as to allow valet parking and tandem parking spaces. Location: Lots l through 7, Block 430, Lancaster's Addition to Newport Beach, located at 501 30th Street, on the northeasterly corner of 30th Street and Villa Way in Cannery.Village. Zone: M -1 Applicants: Milton H. and Claire T. Bren, Newport Beach Owners: Same as Applicants Public hearing was opened in connection with this.item and Milton Bren, Applicant, appeared -49- Iaoax Item #18. USE PER - T8-7T— APPROVED S ICON ELY COMMISSIONERS City of Newport Beach MINUTES MOLL CALL Motion All Ayes July 6, 1978 before the Planning Commission and reviewed the operational characteristics and parking situation of the restaurant. Mr. Bren pointed out that there is a surplus of parking at the restaurant and commented that the employees of the restaurant park mostly on the street. Mr. Bren requested that the property not be burdened with a formal offsite parking agreement with the City so that he can maintain the flexibility of developing or selling:the site at a later date. Alan Beek, 2120 - 16th Street, appeared before the Planning Commission and urged that the Planning Commission not waive any of the required parking because he felt a problem may be created if the method of operation of the restaurant were to change. He also commented that inasmuch as the parking requirement is. intended to include the employees and they are not presently using the required lot, the apparent parking surplus is apparent rather than real. Community Development Director Hogan responded that if there is a substantial change in the method of operation of the restaurant,.then an additional use permit or an amendment to the existing use permit would be required. Mr. Hogan pointed out, however, that if the property located across the street is developed or sold in the interim, it would no longer be available for use. There being no others desiring to appear and be heard on this item, the public hearing was closed. With the understanding that if the Applicant, at some future date, wishes to use the parking lot across the street from the restaurant for another purpose, he can request that the Planning Commission change the use permit, motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses -50- • INOKX COMMISSIONERS City of Newport. Beach MINUTES • (� � X96' 1 A July 6, 1978 /TOLL CALL 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems, providing that no valet parking occurs in the adjacent public rights -of -way. 4. The existing offstreet parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is directly across 30th Street from the restaurant site. b. The existing development does not create undue traffic hazards in the surrounding area. C. The site is owned by the property owner of the restaurant property and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjoining property. 5. That the establishment, maintenance or operation of the use of the property or building 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 encroachments into the required rear yard, valet parking, and tandem parking spaces are consistent with the legislative intent of Title 20 in this case. 6. The approval of Use Permit No. 1874 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neigh- borhood or the general welfare of the City. . -51- INOI X COMMISSIONERS City of Newport POLL CALL July 6, 1978 Beach and approve Use Permit No. 1874, subject to the following conditions: That development shall be in substantial conformance with.the approved plot plan and floor plan. MINUTES That the valet parking operations shall not occur in the adjacent public rights -of -way (i.e., 30th Street, Villa Way or the 14 foot wide alley). That valet parking personnel shall be maintained on the offstreet parking lot at all times during the hours of operation of the restaurant facility. 4. That all commercial loading and unloading of deliveries to the site shalt be provided from the offstreet parking lot, easterly of the restaurant - office complex. In addition to the proposed 40 space, on -site parking lot, an off -site parking agreement shall be approved by the City Council guaranteeing that a minimum of 24 parking spaces shall be maintained on Lots 13, 14, and 15, Block 329, Lancaster's Addition, for the duration of the restaurant use on the adjoining property. That all mechanical equipment and trash areas shall be screened from adjoining properties and from the adjoining streets and alley. 7. That a resubdivision shall be approved and a Parcel Map shall be filed so as to create one building site where Lots 1 through 7, Block 430 to Lancaster's Addition, now exist. 8. That curb, gutter, an constructed under an issued by the Public the existing driveway closed up'. -52- d sidewalk shall be encroachment permit Works Department where approaches are to be INO1M 0 0 COMMISSIONERS • mI- p� �mp City of Newport Beach July 6, 1978 /TOLL CALL Request to remodel the interior and enlarge the existing kitchen, storage and supply areas of the former Quarter Deck Restaurant facility in Specific Area No. 5. A modification to the Zoning Code is also requested, since the existing nonconforming structure encroaches to within 5 feet of the front property line (where the Ordinance requires a 12 foot wide setback along West Coast Highway for potential future highway widening purposes and then 5 foot to l0 foot wide setbacks to the rear of said 12' setback). Location: Parcel No. 1 of Parcel Map 85 -31 (Resubdivision No. 512), located at 2510 West Coast Highway, on t northerly side of West Coast Highway, easterly of Tustin • Avenue on Mariners Mile. Zone: Specific Area Plan No. 5 Applicants: Roy Y. and Sue D. Shafer, Santa Ana Owners: Same as Applicants Public hearing was opened in connection with this item and Alan Beek, 2120 - 16th Street, appeared before the Planning Commission and requested that no parking requirement be waived as he felt that five additional parking spaces could be created in the rear parking lot by rearranging the spaces. Ferrell Bennett appeared before the Planning Commission and advised that he did not believe that more spaces could be created within the lot. He added that the Applicant is ,parking in the process of reducing some seats from the operation to bring it more in line with the parking requirements. There being no others desiring to appear and be heard, the public hearing . was closed. -53- MINUTES he INCKX Item #19 USE PER - MIT N0: Tug APPS R TTMrLY COMMISSIONERS MISSIO\\001 City of Newport Beach MINUTES 9 July 6, 1978 MOLL CALL Motion X Motion was made that Planning Commission make All Ayes the following 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 project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces and traffic circulation are being provided if the parking lot layout is marked as propo: on the approved plot plan. 5. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstance! 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 propo use or be detrimental or injurious to property and improvements in the neighborh or the general welfare of the City and further that the existing building encroachment along the West Coast Highway frontage of the site is consistent with the legislative intent of Title 20 of this Code. 6. The approval of Use Permit No. 1875 will not, under the circumstances of this case detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurio to property and improvements in the neighborhood or the general welfare of th City. and approve Use Permit No. 1875, subject to th following conditions: -54- se 0o us INOIX 0 COMMISSIONERS N oQF'� ?� • 0 ��1 o �? City of Newport Beach July 6. 1978 /TOLL CALL 1.. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 3. That a minimum of one parking space for ea 47 sq. ft. of "net floor area" shall be provided on the subject property for the restaurant facility. 4. That the required parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide in accordance with the approved parking lot layout. 5. That the existing boat storage shall be removed from the restaurant offstreet parking lot. 6. That all exterior signs shall . conform to Chapter 20.06 of the Newport Beach Municip Code. Request to permit the remodeling and additions to a single family dwelling on a lot in the R -2 District with the following existing nonconforming features: 1.) An existing second floor balcony encroaches to the front property line along Breakers Drive (where the Districting Map indicates a required 5 foot front yard}; 2.) The existing structure has 2.92 and 3.58 foot side yards (where the Ordinance requires 4 foot side yards); and 3.) A one car garage now exists on the site (where the Code requires two parking spaces). The proposed development also includes the construction of a four car garage and a second dwelling unit on the property that exceeds the height limit in the 24/28 Foot Height Limitatic District. All new construction conforms with required setbacks. Zone: R -2 -55- MINUTES al INCILX COMMISSIONERS \� \%\� \4p \ = \ \\ City of Newport Beach DOLL CALL July 6, 1978 .Applicant: John V..Donahue, Downey Owner: Same as Applicant Motion I 111.1 lanning Commission continued this item to the All Ayes I I meeting of July 20, 1978. There being no further business, Planning Commission adjourned at 11:20 p.m. AUL L. BALALIS, Secretary Planning Commission City of Newport Beach -56- ., MINUTES • INO,tJ( 0 1 61