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Home My WebLink About07/07/1977'i✓OMMISSIONERS �p City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers 4oy Time: 7:00 P.M. na +n• Jiily 7. 1877 ROLL CALL Present Absent Motion Ay es Is ent Motion Ayes Abstain Absent is X XX X X X X EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James D. Hewicker, David Dmohowski, S Shirley Harbeck, S X Election of Office X X X X X of August 4, 1977, X X X Minutes of the Rec X X X were approved as % X X and Hummel abstain X X the meeting. Request to adjust two residential lc Location: A pc Mar ti or 311 sou, wes• vaci Avei Zone: R -3 Applicant: Fre Owner: Vio Engineer: Elm pity Development Director tant City Attorney City Engineer Assistant Director - Planning enior Planner ecretary rs was deferred to the meeting pending a full Commission. ular Meeting of June 16, 1977, ritten. Commissioners Cokas ed as they were absent from MINUTES the common property line betweer its. irtion of Block D, Corona del Tract, and a portion of Carna- 1 Avenue (vacated) located at and 315 Carnation Avenue, :herly of Bayside Drive and :erly of the midline of the rted extension of Carnation iue in Corona del Mar. i I. Grimes, Newport Beach let Ross, Corona del Mar er Thomas Amon, Santa Ana Page 1. inInEx ;Item #1 RESUB DIVISION NN. 5-50 APPROVED CO Imo- — TIONALLV, COMMISSIONERS City of Newport Beach lulu 7 1077 MOLL CALL Staff reviewed this request with the Commission and answered questions relative to access, utilities, buildable area, and zoning. Planning Commission discussed the Subdivision Map Act and allowable conditions which could be imposed on resubdivisions of this nature. Public hearing was opened in connection with thi matter. Fred Grimes, 202 22nd Street, Newport Beach, appeared before the Commission in connection wit this matter and advised of his intention to buil either a single family dwelling or duplex. Harvey Pease, owner-of property located at 314 Carnation, appeared before the Commission in fav of the request. He suggested an additional condition relative to the enforcement of C.C.& R and was advised by Assistant City Attorney Coffi that it was the City's policy not to become involved with enforcement of private C.C.& R.s. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make th Ayes X X X X following findings: Noes X Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propos subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause sub- stantial environmental damage or substantial and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cau! serious public health problems. Page 2. MINUTES INDEX s h d or .s n t e ed 1 e 0 'COMMl$SIONERS 9QR 9� PO�'ap�s�sG�s�� it of Newport Beach • � F��y ( July 7, 1977 ' POLL CALL 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, propert within the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wii Section 1300) of the Water Code. 9. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 550, subject to tt following conditions: 1. That a parcel map be filed. (Parcel map mu! • be recorded prior to obtaining Building Permits.) 2. That all vehicular access rights to Bayside Drive be released and relinquished to the City of Newport Beach. 3. That grading, setbacks, and other design elements of any development be such as to preclude interference with the existing sews and any other existing utilities in the vac Carnation Avenue right -of -way. Commissioner Hummel voiced concern with continu to allow development adjacent to vacated street and the parking problems connected therewith, and, therefore, was opposed to this resubdivisi Request to adjust the common property line betw two residential lots. • Location: A portion of Lot 288, Newport Heights, located at 2309 and 2311 22nd Street, on the southwesterly side of 22nd Street between Irvin Avenue and Tustin Avenue, westerl of Upper Newport Bay. Page 3. MINUTES y d d of h e �t a r. ste in s )n.i INOHX Item #2 . een RESUB- DIVISION 1 —SS - APPROVED Dr--- e TIONALLY y COMMISSIONERS. vp� 9C ��f spF gy SL �mF � o�w•P < 0y City of Newport Beach Julv 7. 1977 POLL CALL Zone: R -1 -B -2 Applicant: Al Hollister, Newport Beach Owner: Same as Applicant Engineer: Donald E. Stevens, Inc., Costa Mes Staff advised of the Fire Department's position with respect to the type of surfacing permitted in connection with the access driveway and suggested that Condition No. 9 include the pro- vision that the surfacing of the eas.ement meet the approval of the City's Fire Marshal. Staff also suggested that a cross easement option be permitted in connection with Condition No. 6. Public hearing was opened in connection with thi matter. Al Hollister, 2309 E. 22nd Street, appeared befo the Commission and concurred with the staff repo and recommended conditions. He requested the ability to post a bond for the public improvemen required.under Conditions Nos. 3, 4, and 6 so th could be constructed after the remodeling. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make th Ayes X X X X X following findings: Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propos subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Page 4. MINUTES • INDEX a s re r is �y :dl • ' COPMMISSIONERS Z City of Newport Beach .1.0,, 7 1077 POLL CALL 6. That the design of the subdivision or.the proposed improvements are not likely to caus serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at lar for access through or use of, property withi the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wit Section 1300) of the Water Code. 9. That the proposed resubdivision presents no problems from a planning standpoint. • and approve Resubdivision No. 551, subject to th following conditions: 1. That a parcel map be filed. 2. That a 10 foot wide strip of land along the 22nd Street frontage be dedicated to the public for street and highway purposes. 3. That each existing single family dwelling have an individual sewer connection to the public main in accordance with the requireme and standards of the Costa Mesa Sanitary District. 4. That each existing single family dwelling have an individual water service in accord- ance with the requirements and standards of the Costa Mesa County Water District. 5. That the requirement for construction of sid walk along the 22nd Street frontage be waive until 22nd Street is widened to its ultimate width. • 6. That a driveway approach be provided for eac parcel or adequate cross - easements shall be granted between the parcels for the joint-us of the driveway. Page 5. MINUTES 1NORX el ge n d d of h e n e d h e COMMISSIONERS sss s F,p 1m 7i� 9 � ROLL CALL City of Newport Beach I..I - i 1 1 standard subdivision agreement with )anying security be provided if it is �d to record the parcel map or obtain a ing permit before the required public ✓ements are completed, such as those red by Conditions Nos. 3, 4, and 6. )avement widening and reconstruction of cisting curb on 22nd Street be waived. the driveway access road to Parcel No. 1 be widened to a minimum width of 20 the surfacing of which shall meet the ✓al of the Fire Marshal. MINUTES 0 INDEX > establish one building site and elimi- lines where two lots and a portion of Bayside Drive now exist so as to permit for remodeling of Mario's Restaurant Lots 1 and 2, Block J, Tract No. 323 and a portion of Bayside Drive (vacated), located at 3201 East Coast Highway, on property bounded by East Coast Highway, Marguerite Avenue, Bayside Drive and Larkspur Avenue in Corona del Mar. C -1 Bernard Rigolet, Corona del Mar Eugene Boero, Corona del Mar William J. McGee, Newport Beach iewed a letter received from Donald Attorney for Eugene Boero, property ating acceptance of all the recommended s except No. 2 which would be accepted he condition that the 10 foot radius toff would not affect or require r revision of the existing building or for planter lying within the owner's line. Page 6. Y 7. That accom desir, build impro requi 8. That the e. 9. That shall feet, appro Request t nate lot abandoned the exter facility. Location: Zone: Applicant Owner: Engineer: Staff rev Harwood, owner, st condition only on t corner cu removal o the exter property 1 standard subdivision agreement with )anying security be provided if it is �d to record the parcel map or obtain a ing permit before the required public ✓ements are completed, such as those red by Conditions Nos. 3, 4, and 6. )avement widening and reconstruction of cisting curb on 22nd Street be waived. the driveway access road to Parcel No. 1 be widened to a minimum width of 20 the surfacing of which shall meet the ✓al of the Fire Marshal. MINUTES 0 INDEX > establish one building site and elimi- lines where two lots and a portion of Bayside Drive now exist so as to permit for remodeling of Mario's Restaurant Lots 1 and 2, Block J, Tract No. 323 and a portion of Bayside Drive (vacated), located at 3201 East Coast Highway, on property bounded by East Coast Highway, Marguerite Avenue, Bayside Drive and Larkspur Avenue in Corona del Mar. C -1 Bernard Rigolet, Corona del Mar Eugene Boero, Corona del Mar William J. McGee, Newport Beach iewed a letter received from Donald Attorney for Eugene Boero, property ating acceptance of all the recommended s except No. 2 which would be accepted he condition that the 10 foot radius toff would not affect or require r revision of the existing building or for planter lying within the owner's line. Page 6. Y cbM`mfSSIONERS • iP ��$y C City of Newport Beach Julv 7. 1977 DOLL CALL Planning Commission reviewed illustrations of th proposed exterior remodeling and staff advised that a field check indicated that the corner cut off would clear the building adequately but may affect the planter. However, it was felt that the problem was of a minor nature and could be handled within the design of the sidewalk at suc time as the curb return and sidewalk was recon- structed. Public hearing was opened in connection with thi matter. Bernard Rigolet, 2681 Crestview Drive, Bayshores appeared before the Commission in connection wit this matter and commented in opposition to. Condi tion No. 3. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made that Plan - Ayes X X X X X ning Commission make the following findings: Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the propos subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause sub- stantial environmental damage or substantial and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to caws • serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at Page 7. MINUTES INOEX COMMISSIONERS City of Newport Beach 9! yw � ,ice •!�� L �00y .1i1y 7_ 1Q77 ROLL CALL large, for access through or use of, propert, within the proposed subdivision. 8. That the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wit Section 1300) of the Water Code. 9. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 552, subject to th following conditions: 1. That a parcel map be filed. (Parcel map mus be recorded prior to issuance of building permits.) 2. That a 10 foot radius corner cutoff at East Coast Highway and Larkspur Avenue be dedicat to the public for street and highway purpose 3. That a driveway approach be constructed on Larkspur Avenue in the southwest corner of Parcel 1 to provide on -site access for deliv purposes. This driveway approach shall be constructed in conformance with an encroach- ment permit obtained from the Public Works Department. 4. That a landscaped planter, a wheel stop syst or walls be installed along East Coast Highw and Marguerite Avenue to prevent parked vehicles from encroaching into the street right -of -way and obstructing sidewalks. Request to create one parcel of land for single family development where two lots now exist. Location: Lots 73 and 74, Tract No. 7386, . located at 15 Muir Beach Circle, o the westerly side of Muir Beach Circle, northerly of Goleta Point Drive in Spyglass Hill. Page 8. MINUTES • IN Oi.X V d d �1 1 D It d'. s.i arl em ay n i Item #4 RES UB- DI STIS ION NO. 553 APPR D N�Y _-_ TAI RALLY ` CCJ MISSIONERS City of Newport Beach MINUTES s�1 July 7. 1977 ROLL CALL Zone: P -C Applicant: Charles R. Hiller, Newport Beach Owner: John R. Ward, Newport Beach Engineer: Elmer Thomas Amon, Santa Ana Public hearing was opened in connection with thi matter. Charles Hiller, Architect, 550 Newport Center Drive, appeared before the Commission and con- curred with the staff report and recommended conditions. There being no others desiring to appear and be heard, the public hearing was closed. N]ion X Motion was made that Planning Commission make Ads X X X X X the following findings: Absent X X 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the pro- posed subdivision is consistent with appli- cable general and specific plans. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan tiai environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are.not likely to caus serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at lar for access through or use of, property withi the proposed subdivision. Page 9. INOtX COMMISSIONERS Sm S City of Newport Beach July 7, 1977 POLL CALL 8. That the discharge of waste from the propose subdivision will not result in or add to any violation of existing requirements prescribe by a California Regional Water Quality Contr Board pursuant to Division 7 (commencing wit Section 1300) of the Water Code. 9. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 553, subject to th following conditions: 1. That a parcel map be filed. 2. That all applicable conditions of approval for Tract No. 7386 be fulfilled (i.e. street trees, etc.). Request to consider proposed amendments to the Newport Beach General Plan. The continued public hearing was opened in connection with this matter and the following discussion and actions were taken: 77 -2 -A: A proposed amendment to the Land Use an Residential Growth Elements to a) change the definition of "buildable acreage," b) create a new density category of "High- Density Residentia -- greater than 10 dwelling units per acre," and c) change the wording of the texts as appropriat Motion X Planni.ng Commission reaffirmed Planning Commissi Ayes X X X X X action taken on June 16, 1977, recommending to t Absent X X City Council that this amendment as proposed not be approved at this time and requested staff to look into the possibility of including all resi- dential areas with a numerical designation and eliminate the use of "Low, Medium and High Densi categories to be brought back to the Planning Commission at the October General Plan Amendment Session. 77 -2 -B: A proposed amendment to the Land Use an Residential Growth Elements resulting from the study of constraints on growth in terms of Page 10. MINUTES • I INOQX d d of h e. RES. 993 MUM • COMMISSIONERS 9pN`6�9C p�'f.'�,pt�'Sv�Ggi�Fla • S ��oi �C City of Newport Beach Li1v 7_ 1Q77 MOLL GALL capacity of support systems directed by the City Council on March 14, 1977. Motion X In connection with the development phasing syste Ayes X X X X X as recommended by the Planning Commission at the Absent X X meeting of June 16, 1977, motion was made to recommend to the City Council that wording be added to Page 2 of the Land Use Element as follo "PHASING OF MAJOR DEVELOPMENT Any residential project involving more than 20 dwelling units and any commercial or industrial project with 20,000 square feet or more of gross floor area shall be developed consistent with a development phasing plan to be prepared and adopted by the Planning Commission and City Council." Planning Commission requested that the Traffic Engineer and traffic consultants be invited to the Study Session on August 18, 1977, to discuss the use of the traffic model in developing a phasing plan and working out the program, and, possibly with the aid of the major property owne within the City. 77 -2 -C: A proposed amendment to the Land Use Plan and Residential Growth Plan to change the designation of property on the southeasterly sid of Westminster Avenue, between Clay Street and 15th Street, from "Medium- Density Residential" to "Two- Family Residential." No additional discussion was held on this matter and therefore the action taken on June 16, 1977, recommending against the adoption of this change was upheld. • 77 -2 -D: A proposed amendment to the Land Use Plan and Residential Growth Plan to change the designation of the MWD Reservoir site and adjacent property in the Spyglass Hill Area deleting the "Governmental, Educational and Page 11. MINUTES ws rs INOE.X COMMISSIONERS City of Newport Beach 1.,1„ 7 1077 ROLL CALL Institutional Facilities" designation, and rearranging the "Recreational and Environmental Open Space" and "Residential" designations. Staff reviewed the recommendations of the Parks, Beaches and Recreation Commission in connection with this matter. Mike Mohler, Project Manager for The Irvine Company, appeared before the Commission and reviewed the conceptual plan which included additional park acreage, location of the resider tial units adjacent to existing development, USE of natural grading concepts, and public access i the canyon. He answered questions of the Commis Sion relative to density and the total number of units allowed within the Planned Community and pointed out that the actual number of units had been reduced from that which was originally approved. Motion X Motion was made that Planning Commission recommE Ayes X X X X X approval of the proposed amendment and that addi Absent X X tional wording be added to the Land Use and Residential Growth Elements as follows: (a) to page 24 of the Land Use Element: "Development of the MWD Reservoir Site and parcE adjacent to San Miguel.Drive and Spyglass Hill Road shall be limited to a combination of neigh - borhood park, open space, and residential use. It is anticipated that approximately 9 acres of this site will be used for park purposes, and approximately 11.5 acres will be devoted to.Low- Density Residential use as described in the Residential Growth Element. In connection.with the preparation of specific development plans, an Environmental Impact Report shall be prepare( which addresses in part the issues of on -site and off -site parking in relation to the park site, and the impact of residential development on traffic, public service and support systems.' (b) to page 20 of the Residential Growth Elemer "Residential development of the MWD Reservoir Site shall be limited to an area totalling apprc imately 11.5 acres and shall be limited to a maximum of four dwelling units per buildable acre." Page 12. MINUTES ` 1nioE.x a nc 1 t x • COMMISSIONERS City of Newport Beach • s ��'� �( Judy .7, 1977 POLL CALL 77 -2 -E: A proposed amendment to the Recreation and Open Space Element to: a) reflect the incre in park dedication requirements from two to five acres per thousand population (resulting from th City Council's adoption of the "Atherton Initia- tive Ordinance" on April 25, 1977), b) update th number and acreages of existing public parks, an c) delete reference to excise tax dollar amounts Motion X Planning Commission recommended adoption of this Ayes X Y X X X amendment as proposed Absent Public hearing was closed in connection with thi General Plan Amendme.nt. on Planning Commission adopted Resolution No. 993, *ent recommending to the City Council that the Negati Declaration be accepted and reflecting the actin of the Commission taken in connection with General Plan Amendment No. 77 -2.. Resolution recommending to the City Council that the City of Newport Beach accept and agree to tt conditions to which the.City's requested Categor cal Exclusion has been made subject. (Discussic Motion X Planning Commission continued this matter to the Ayes X X X X X meeting of July 21, 1977. Absent X X Request to consider an amendment to Title 15 an( Title 20 of the Newport Beach Municipal Code as they pertain to the recodification of existing • sign regulations. Initiated by: The City of Newport Beach Motion X Planning Commission continued this matter to the Ayes X X X X X meeting of July 21, 1977. Absent X X Page 13. MINUTES INDEX as e e d . 'i s ve ns e i- n) I Item #6 RESOLUTION CONT. TO JULY Y 1 Item #7 AMENDMENT NO. 493 CONT. TO JULY -21 COMMISSIONERS 90ta 9f 00'f. 4F y91L Oi°ia �SOy City of Newport Beach July 7, 1977 ROLL CALL Request to consider an amendment to Chapter 20.0 of the Newport Beach Municipal Code pertaining t revisions in the height limitation as they perta to the Ford Aeronutronics site and the North For Area, located northerly of Ford Road and between Jamboree Road and MacArthur Boulevard. Initiated by: The City of Newport Beach Public hearing was opened in connection with thi matter. Bob Kraft, Partner with Langdon & Wilson, Archi- tects, appeared before the Commission on behalf of Ford Aeronutronics. He advised that their firm had been retained to prepare a master plan and planned community text for the subject pro- perty and at the present time were in the proces. of establishing such a plan. He pointed out they were aware of the City's concerns with respect to the property and felt this action was premature at this time. Therefore, he requested that before any changes were made to the height limits that they have an opportunity to develop plans for submission to the City for review. Tom Morrissey, Director of Industrial Relations for Ford Aerospace and Communications Corp., appeared before the Commission and advised it wa not their intent to build high rise buildings on the site. He also requested they be given the opportunity to prepare plans with the flexibilit of providing a viable development and pointed ou that because of the terrain, there may be a need for anadditional few feet in one place where it would not be needed in another and to reduce the height limit on the property at this time was premature. There being no others desiring to appear and be heard, the public hearing was closed. Following discussion which included the fact tha there was no urgency at this time to establish lower height limits, as well as the knowledge that the developer intended to plan a project well within the proposed height limits and in keeping with surrounding development; and due to Page 14. MINUTES 2 0 in d A Y t t r 1 INORX 0 COMMISSIONERS 3 City of Newport Beach lulv 7. 1977 MOLL CALL the fact there would be ample opportunity for th City to review any proposed project for the sub - Motion X ject property, motion was made to table Amendmen Ayes X X X X X No. 495. Absent X X Planning Commission recessed at 9:15 P.M. and reconvened at 9:25 P.M. Request to consider an amendment to Title 20 of the Newport Beach Municipal Code pertaining to nonconforming properties which have subsequently been voluntarily brought into conformity with the Municipal Code and by such action would pre- • clude the re- establishment of the former noncon- forming condition. Initiated by: The City of Newport Beach Staff reviewed the proposed amendment and its effect on existing development. Public hearing was opened in connection with th1 matter and there being no one desiring to appeal and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission recomm( Ayes X X X X X to the City Council the adoption of Amendment Absent X X No. 496. Request to consider an amendment to Title 20 of the Newport Beach Municipal Code pertaining to parking requirements in the M -1 -A District. • Initiated by: The City of Newport Beach Staff commented on the areas within the City which would be affected by this amendment and advised that although there was no requirement notify the property owners within those areas, Page 15. MINUTES INDEX Item #9 AMENDMENT N4 6— APPROVED end Item #10 AMENDMENT CONT. TO AUG. 4 to COMMISSIONERS 9�R, v� �O'f, pF1yyG�SRIe City of Newport Beach �2 .N1v 7_ 1877 ROLL CALL it may be the desire of the Commission to contin this matter for that purpose. Public hearing was opened in connection with thi matter. Tim Strader, Vice President with the Koll Compan 1901 Dove Street, appeared before the Commission to comment on this amendment and requested that some consideration be given to a "grandfather clause" for the benefit of those who have purcha ed property already developed and who are not creating a parking problem. Motion X Planning Commission felt that notification shoul Ayes X X X X X be given to the property owners affected by this Absent Y X amendment and, therefore, the public hearing was continued to the meeting of August 4, 1977. Request to change the operational characteristic of the existing Charley's Cafe Restaurant facili to include the service of beer and wine. Location: Lots 21 and 22, Block 9, Section 1 Balboa Island, located at 501 Park Avenue, on the southeasterly corne of Park Avenue and Agate Avenue on Balboa Island. Zone: C -1 -H Applicant: Charles F. Hartley, Newport Beach Owner: William C. Hardesty, Balboa Island Public hearing was opened in connection with thi matter. Charles.Hartley, 1942 Port "Dunley, appeared befo the Commission and concurred with the staff repo and recommended conditions. He pointed out that this restaurant was the only one on the island that did not serve beer and wine and that may be the reason for past b.usiness failures. John Worley, member of the Board of Directors of the Balboa Island Improvement Association, Page 16. MINUTES • INDnX ue S Y> s- d Item #11 s USE PERMIT ty NO — APPROVED CONDI- TI N ILLY r r 0 C&hMISSIONERS City/ of Newport Beach MINUTES 2 Julv 7. 1977 ROLL CALL appeared before the Commission in opposition to the request because of its close proximity to a proposed park and playground and to residential areas. Dick Park, 1128 W. Ocean Front appeared before t Commission in favor of the request and advised that the restaurant was a nice quiet family -styl restaurant and the serving of beer.and wine woul not be detrimental to the neighborhood. Bill Hardesty, 211 Agate Avenue, appeared before the Commission to commend the applicant on the operation of the restaurant and felt there woulc be no problem in approving this request. There being no others desiring to appear and be heard, the public hearing was closed. ion X Following discussion relative to the imposition s X X X X X of conditions pertaining to the operation of the Absent X X business and length of approval, Planning Commis si.on made 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 the do not contemplate any problems. 4. The service of beer and wine in the restauri facility'will have no significant impact on the parking demand. 5. The approval of Use Permit No. 1834 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 neighbor hood or be detrimental or injurious to pro- perty or improvements in the neighborhood oI the general welfare of the City. and approved Use Permit No. 1834, subject to thi following conditions: Page 17. :he e d ,y In INDEX COMMISSIONERS City of Newport Beach s m 3 3 fsoy Jul v 7. 1977 ROLL CALL 1. That development shall be in substantial conformance with the approved plot plans floor plan, and elevations. 2. The approval of on -sale beer and wine shall be for a period of one year, and any extensi shall be subject to the approval of the Modifications Committee. 3. The restaurant facility may be open for business after 8:00 P.M. if desired. Howeve no beer or wine shall be served after 10:00 P. M. Request for site plan review of a commercial building with retail sales on.the ground floor and office space on the second floor in a Specific Area Plan where a specific plan has not been adopted. Two of the required offstreet par ing spaces are tandem spaces (where the Ordinanc requires all parking spaces to be accessible anc usable). The proposal also includes the paying of an annual fee to the City for a portion of th required parking spaces in a nearby Municipal parking lot in lieu of providing parking on -site Location: Lot 3, Block 10, Balboa Tract, located at 705 East Balboa Bouleve on the southerly side of East Balt Boulevard between. Main Street and Washington Street in Central Balbc Zone: C -1 Applicant: Gary E. Malazian, Newport Beach Owner: Same as Applicant Staff reviewed this request and advised that under the circumstances there would be adequate parking in the area to support the proposed development. Discussion was opened in connection with this matter and Gary Malazian, 4827 Cortland Drive, Corona del Mar, appeared before the Commission to answer questions in connection with this mat' Page 18. MINUTES • \ INOEX on r .k- :e e a la. :e' Item #12 SITE PLAN N0. APPRO D CONK TINNNLLY n L COMMISSIONERS City of Newport Beach MINUTES • �'� �� ` luly 7. 1Q77 ROLL CALL. Motion X Planning Commission discussed the parking, Ayes X X X X X following which motion was made that Planning Absent X X Commission make the following findings: 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the General Plan objectives an policies. 2. That the proposal will help to protect and preserve the value of properties and encoura high quality development in this Specific Ar Plan Area. 3. That the proposal will not conflict with the public benefits derived from expenditures of public funds for improvements and beautifica tion of streets and public facilities within the Specific Area Plan area. 4. That the establishment, maintenance or opera tion of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the healt safety, peace, comfort and general welfare of persons residing or working in the neigh- borhood of such proposed use or be detriment or injurious to property and improvements in the neighborhood or the general welfare of t City and further that the proposed modifica- tion for tandem parking spaces is consistent with the legislative intent of Title 20 of t Municipal Code. and approve Site Plan Review No. 5, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That a maximum of two retail uses shall be permitted on the first floor of the structur 3. That detailed signing plans shall be approve by the Director Community Development. of 4. That there shall be not less than 8 trans- ferable parking permits purchased from the City on an annual basis in the Municipal Page 19. ge ea h, al he -e INO<.X COMMISSIONERS Z City of Newport Beach July 7, 1977 ROLL CALL parking lot for the proposed development. Said requirement shall be waived at a later date if an offsite parking agreement for 8 parking spaces is approved by the Planning Commission and the City Council. ADDITIONAL. BUSINESS: Motion X Planning Commission cancelled the public hearing Ayes X X X X X set for July 21, 1977, regarding the Coastal Pla Absent X X Issue Identification to allow for additional tin to comply with recently issued guidelines from t Coastal Commission. Motion X Commissioners Balalis and Cokas requested and Ayes X X X X X received permission to be absent from the Absent X X meeting of July 21, 1977. There being no further business, Planning Commission adjourned the meeting. Time: 10:15 P x -Off io Secretary Planning Commission City of Newport Beach Page 20. MINUTES • n e h I N O!X •