HomeMy WebLinkAbout07/09/1987COMMISSIONERS
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REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 p.m.
DATE: July 9, 1987
CITY OF NEWPORT BEACH
MINUTES
ROL CALL
INDEX
Present
x
'x
x
x
x
x
x
All Commissioners were present.
EX- OFFICIO OFFICERS PRESENT:
James Hewicker, Planning Director
Carol Korade, Assistant City Attorney
William Laycock, Current Planning Administrator
Robert Lenard, Advance Planning Administrator
Dick Hoffstadt, Civil Engineer, Subdivisions
Joanne MacQuarrie, Secretary
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E L E C T I ON O F O F F I C E R S
- - -- - - -- -- -- - - -- --
Election of
The Planning Commission conducted its annual Election.
of Officers, with results as follows:
Officers
Commissioner Koppelman nominated Chairman Person for
the office of Chairman. There being no other names
presented for consideration, the nominations were
closed. Chairman Person was re- elected to the office
All Ayes
of Chairman.
Chairman Person nominated Commissioner Pomeroy for the
office of First Vice - Chairman. There being no other
names presented for consideration, the nominations were
closed. Commissioner Pomeroy was elected to the office
All Ayes
of First Vice - Chairman.
Commissioner winburn nominated Commissioner Merrill for
the office of Second Vice - Chairman. There being no
other names presented for consideration, the
All Ayes
nominations were closed. Commissioner Merill was
elected to the office of Second Vice- Chairman.
Commissioner winburn nominated Commissioner Debay for
the office of Secretary. There being no other names
presented for consideration, the nominations were
closed. Commissioner Debay was elected to the office
All Ayes
of Secretary.
COMMISSIONERS
CALL
Motion
Ayes
Abstain
•
•
x Ix Ix
MINUTES
July 9, 1987
CITY OF NEWPORT BEACH
Minutes of June 18, 1987:
Motion was made to approve the June 18, 1987 Planning
Commission Minutes. Motion voted on, MOTION CARRIED.
*�xx
Public Comments:
Beverly Nestande, representing the Newport Harbor
Chamber of Commerce, appeared before the Commission, to
apprise them of 'Leadership Newport.' Ms. Nestande
explained that 'Leadership Newport' is an education and
training program developed by the Chamber of Commerce,
to provide .those skills necessary for the development
of potential community leaders. (Ms. Nestande's com-
ments were heard by the Commission at the close of the
meeting.)
*x*
Posting of the Agenda:
INDEX
Minutes of
June 18,
1987
Public
Comments
of
Planning Director James Hewicker stated that the Agenda
Planning Commission Agenda was posted on Friday, July..
3, 1987, in front of City Hall.
Request for Continuances: Request for
James Hewicker, Planning Director, stated that either
the applicant or staff recommends that Item No. 2, Use
Permit No. 1738 (Amended), a request to expand the
existing take -out restaurant - bakery in Lido Marina
Village be continued to the Planning Commission meeting
of July 23, 1987; Item No. 3, Use Permit No. 3275
requesting the use of various outdoor portable food
carts and an outdoor flower stand in Lido Marina
Village be continued to the Planning Commission meeting
of July 23, 1987; Item No. 4, Use Permit No. 3280, a
request to install a take -out window for hot dogs and
soft drinks only at an existing Carl's Jr. Restaurant
facility on property located in the Cannery Vil-
lage /McFadden Square Specific Plan area be continued to
the Planning Commission meeting of July 23, 1987; Item
No. 9, Variance No. 1141, a request to permit the
alterations and additions to an existing single .family
dwelling which will exceed 1.5 times the buildable area
of the site be continued to the Planning Commission
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COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
July 9, 1987
INDEX
Item No. 1
TS
Density
Bonus
(Res. No.
1159)
Approved
meeting of July 23, 1987; Item No. 10, Traffic Study,
Use Permit No. 3278, and Resubdivision No. 849, a
request to permit the construction of a drive -in and
take -out restaurant facility with indoor and outdoor
seating areas in Koll Center Newport be continued to
the Planning Commission meeting of August 6, 1987; and
Item No. 11, Amendment No. 651, a request to amend the
Planned Community Development Standards of the Big
Canyon Planned Community so as to amend the front yard
setback requirement for garages be continued to July
23, 1987.
Motion
x
Motion was made to continue to the Planning Commission
All Ayes
meeting of July 23, 1987, Item No. 2, Use Permit No.
1738 (Amended); Item No. 3, Use Permit No. 3275; Item
No. 4, Use Permit No. 3280; Item No. 9, Variance No.
1141; Item No. 11, Amendment No. 651; and to continue
to the Planning Commission meeting of August 6, 1987,
Item No. 10, Traffic Study, Use Permit No.. 3278, and
Resubdivision No. 849. Motion voted on, MOTION
.
CARRIED.
,exr
A. Traffic Study (Continued Public Hearing)
Request to consider a traffic study so as to permit the
construction of a 26 unit apartment complex on the
property. The proposal also includes a modification to.
the Zoning Code so as to allow three, five foot high
patio fences to encroach 5 feet into the required 20
foot front yard setback; three second floor decks to
encroach one foot into the required 20 foot front yard
setback; a six car carport and a trash enclosure to
encroach 10 feet into the required 10 foot rear yard
setback; and to allow open carports on the front
one -half of the lot.
AND
B. Request for Density Bonus (Continued Discussion)
Request to permit a density bonus in accordance with
Section 65915 of the California Government Code so as
to construct an apartment complex with 26 units afford-
able to lower income families; and the acceptance of an
environmental document.
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INDEX
Item No. 1
TS
Density
Bonus
(Res. No.
1159)
Approved
COMMISSIONERS
MINUTES
July 9, 1987
CITY OF NEWPORT BEACH
LOCATION: A portion of Lot 715, First Addition
of the Newport Mesa Tract, located at
1538 Placentia Avenue, on the easterly
side of Placentia Avenue, between 15th
Street and Production Place, in the West
Newport Triangle area.
ZONE: R -3 (2178) District
APPLICANT: Mesa Development Co., Inc., Costa Mesa
OWNERS: Ben Indes Trust and K & M Enterprises,
Inc., Newport Beach
Planning Director James Hewicker stated that it was his
understanding that one concern of the Planning Commis-
sion was the lack of public park facilities in the area
of the proposed project, and referred the Commission to
the April 27, 1987 City Council staff report prepared
by the Parks, Beaches and Recreation Director as well
as an excerpt from the City Council minutes for that
same meeting. Mr. Hewicker quoted from both of the
aforementioned documents and the conclusion in the
staff report that "time and new residential development
is the solution to this park deficient area." Mr.
Hewicker continued that the applicants of the proposed
project are not required to contribute land or pay
In-lieu fees for park dedication. However, the.
proposed development plans provide on -site recreation
facilities for the tenants and their children.
Mr. Hewicker asked Mr. Robert P. Lenard, Advance
Planning Administrator to respond to a letter which the
Commission had received from Robert M. Hixson, Jr., a .
property owner in the area of the proposed project
site. In the letter, Mr. Hixson cited his belief that
increasing the allowable density in the area would add
to traffic and parking problems. Mr. Lenard informed
the Commission that prior to the subject site being
rezoned from commercial.to residential uses, commercial
use would have permitted 5 to 9 times the traffic:
generation from the proposed residential use.
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INDEX
COMMISSIONERS
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CITY OF NEWPORT BEACH
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July 9, 1987
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In responding to a question posed by Commissioner
Pomeroy, Mr. Hewicker answered that the City is
required to grant a 258 density bonus when a developer
complies with certain specified State criteria regard-
ing affordability standards.
Commissioner Winburn cited the need for recreational
facilities and indicated she would ask the applicants
what type of such facilities the proposed project would
provide.
In response to Commissioner Merrill's stated concern
regarding the number of parking spaces provided,
Planning Director Hewicker stated that the project
provides the amount of parking required by the
Municipal Code. Mr. Hewicker further stated that if it
is the feeling of the Planning Commission that the Code
is deficient, then the Commission can amend the parking
standards.
In reply to Commissioner Merrill questioning the 508
density bonus requested by the applicants, Mr. Hewicker
replied that the proposed project will provide all 26
units affordable to lower income households, as estab-
lished by the Federal standard, for a period of 30
years, which far exceeds the minimum State standards
for granting a density bonus. Mr. Hewicker also cited
that the City Housing Element defines a need for two
and three bedroom housing units.
In referring to a Housing Element objective to provide
for a balanced community, Commissioner Debay asked: how
many low- income projects were located in the subject .,
area. In responding to this question, Mr. Hewicker
stated that there were four such projects, and further
commented that the City has worked with other
developers in an effort to provide low and moderate
income housing in other parts of the City, and
mentioned the North Ford project and the Sayview.
Expansion project as examples. Mr. Hewicker stated
that it was staff's opinion that the City was very
fortunate to be involved with the developers of the
proposed project who have already provided the City
with three similar projects.
The public hearing was opened in connection with this
item and Mr. Larry Campeau appeared before the Commis-
•
sion representing Mesa Development Company.. Mr.
Campeau stated that he concurs with the staff report
and the findings and conditions of approval contained
in Exhibit "A."
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July 9, 1987
ROL CALL
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In addressing the concerns expressed by the Commission,
Mr. Campeau pointed out on the displayed project plans
where the proposed recreational facilities might be
located. Mr. Campeau stated that a pool contractor was
currently studying the area to determine the specific
location for a pool. Mr. Campeau referred the Commis-
sion to a 'tot lot' with commercial playground equip-
ment located on the adjacent project which would also
be available to tenants of the proposed project. As
far as the number of cars that might be expected to
result from full occupancy of the project, Mr. Campeau
stated that 16 of the 26 units were already pre - leased
to single- parent families, and citing from experience
the developers have had with similar projects, the
number of cars generated per unit is below that which
might be expected from units that are rented to a
large majority of adult tenants.
In responding to a question from Chairman Person, Mr.
Campeau stated that the density of the proposed project .
was the same as for the adjoining site and the same
contractor would do the construction. Mr. Campeau also
advised that there were currently 141 affordable units
in the area.
Responding to Chairman Person, Mr. Campeau said that
the applicants agreed with the staff report and the
findings and conditions of approval contained in
Exhibit "A."
Chairman Person recounted his recent visit to the site'
of the proposed project as well as that of the
adjoining project and commented on the attractive and -
well - maintained landscaping and overall good appear -'
ance.
Commissioner Pomeroy commented that he had recently
visited the abutting property and was impressed with
its extremely clean and neat appearance and added that
it did not look like one might expect of a low- income'
housing project, but like a market -rate apartment
complex.
In responding to Commissioner's Merrill's inquiry as to
the height and construction material of the walls that
would surround the project, Mr. Campeau stated the back
.
wall would be 11 feet high, the side walls 6 feet high,
and all would be masonry walls.
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July 9, 1987
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in reply to a question by Commissioner Merrill, Plan -
ning Director Hewicker stated that an added condition
of approval could provide for common ingress and egress
between the proposed project and the adjoining project.
In the discussion which followed Commissioner Pomeroy's
request that the applicants agree to a 40 feet by 40
feet recreation area, Mr. Hewicker suggested adding a
condition of approval stating "that the applicants
would make the best effort to provide a 40 feet by 40
feet recreation area with a caveat that the proper
Building Code and Zoning Code separation between
buildings will be maintained."
John Miller, a neighbor, addressed the Commission. Mr.
Miller said he lived across the street from the
proposed project, and referring to the aforementioned
letter from Mr. Robert Hixson, Jr., Mr. Miller stated
his concerns were for both parking and what facilities
would be available for children.
There being no others desiring to appear and be heard,
the public hearing was closed at this time.
Commissioner Koppelman declared her satisfaction with
the 30 year term of affordability of the proposed
project.
Motion
x
Motion was made to approve the Traffic Study and
Ayes
x
x
x
x
x
x
Request for Density Bonus with two added conditions of
No
x
approval providing for the common ingress and egress
between the two projects, and a best effort to provide
a 40 feet by 40 feet recreation area on the project
site subject to the Zoning and Building Code'
requirements relating to separation between structures.
Chairman Winburn stated she would be supporting the
motion inasmuch as there would be recreational
facilities and that the facilities would be located at
the rear of the property and not adjacent to the busy
street.
Chairman Person indicated his support of the motion and
also referred to Mr. Lenard's statement that the
planned residential use of the site would generate less
traffic than the previous zoning and General Plan
•
permitted.
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CITY OF NEWPORT BEACH
MINUTES
July 9, 1987
ROL CALL
INDEX
Commissioner Merrill stated that he could not support
the motion due to the lack of off - street parking in the
area.
The Commissioners agreed affirmatively to Mr. Lenard's
request for clarification that the common ingress and
egress condition pertained to pedestrian use only.
Motion voted on to approve the Traffic Study and
Request for Density Bonus subject to the findings and
conditions of approval contained in Resolution No. 1159
and Exhibit "A ", and with Condition No. 1 modified to
read "That the development shall be in. substantial
conformance with the approved plot plan, floor plans,
and elevations, except as noted below. "; and added
Condition No. 2: "That a common pedestrian ingress and
egress be provided between this project and the
apartment project immediately to the north, in order to
allow tenants of both projects to have joint use of
recreational facilities on both sites. "; and added -
Condition No. 3: "That the applicants shall make an -
•
effort to provide an on -site recreational area of
approximately 40 feet by 40 feet by relocatinging one
of the buildings, subject to the Zoning and Building
Code provisons relating to separation between_
structures." MOTION CARRIED.
A. Traffic Study: Approve the Traffic Study Making
the Following Findings
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project on the
peak -hour traffic and circulation system in
accordance with Chapter 15.40 of the Newport Beach
Municipal Code and City Policy S -1.
2. That the Traffic Study indicates that the proj-
ect- generated traffic will neither cause nor make
worse an unsatisfactory level of traffic on any
'major,' 'primary- modified,' or 'primary' street.
3. That the Traffic Study indicates that the proj-
ect- generated traffic will not be greater than one
percent of the existing traffic during the '2.5
hour peak period on any leg of the critical
•
intersections.
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COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
July 9, 1987
ROLTCALL I I I I I I I I I INDEX ■
B. Modification
Findings:
1. That the proposed modification for the front and
rear yard encroachments and to allow open carports
on the front one -half of the lot will not under
the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort,
and general welfare of persons residing or working
in the neighborhood of such proposed use or be
detrimental or injurious to property and improve-
ments in the neighborhood or the general welfare
of the City and further that the proposed modi-
fication is consistent with the legislative intent
of Title 20 of this Code.
2. That the proposed front and rear yard encroach-
ments are minor in nature and will not block views
from adjoining properties.
• 3. That the open carports on the front one -half of
the lot are not highly visible from the public
street and inasmuch as the subject project is an
affordable housing project, the cost involved in
providing garage door and side wall on 15 of the
39 on -site parking spaces is not justified by any
increased visual appeal.
Conditions:
1. That the development shall be in substantial
conformance with the approved plot plan, floor
plans and elevations except as noted below.
2. That a common pedestrian ingress and egress be
provided between this project and the apartment
project immediately to the north, in order to
allow tenants of both projects to have joint use
of recreational facilities on both sites.
3. That the applicants shall make an effort to
provide an on -site recreational area of
approximately 40 feet by 40 feet by relocating one
of the buildings, subject to Zoning and Building
• code provisions relating to separation between
structures.
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COMMISSIONERS
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July 9, 1987
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Use Permit No. 1738 (Amended)(Continued Public Hearing)
Item No:. 2'
Request to amend a previously approved use permit that
UP1738(A)
permitted the establishment of a take -out bakery-
Continued
restaurant facility on property located in the C -1 -H
District. Said approval also included a waiver of a
to 7 -23 -87
portion of the required off - street parking spaces. The
proposed amendment involves a request to expand the
existing business into adjoining commercial space with
a separate entrance in Lido Marina Village. The
proposal also includes a request to waive the addi-
tional required off - street parking spaces.
LOCATION: Parcel 1 of Parcel Map 59 -17
Resub- division No. 416), located at 3412
Via Oporto, on the easterly side of Via
Oporto between Central Avenue and Via
Lido, in Lido Marina Village.
ZONE: C -1 -H -
•
APPLICANT: German Home Bakery, Newport Beach -
-
OWNER: Traweek Western, Newport Beach
Motion
x
Staff recommended that this item be continued to the
All Ayes
July 23, 1987 Planning Commission meeting. Motion
voted on, MOTION CARRIED.
x *x
Use Permit No. 3275 (Continued Public Hearing)
Item No. 3
UP3275
Request to permit the use of various outdoor portable
food carts and an outdoor flower stand within private
Continued
areas of Lido Marina Village. The proposal also
to 7 -23 -87
includes a modification to the Zoning Code so as to
permit the use of compact parking spaces in the Lido
Marina Village parking structure.
LOCATION: Various .locations in Lido Marina
_
Village, on property bounded by Newport,
Boulevard, Via Lido and Newport Bay.
ZONE: C -1 -H
APPLICANT: Traweek Investment, Newport Beach
OWNER: Same as applicant
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COMMISSIONERS
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Motion
All Ayes
0
Motion
All Ayes
•
MINUTES
July 9, 1987
CITY OF NEWPORT BEACH
INDEX
Staff recommended that this item be continued to the
July 23, 1987 Planning Commission meeting. Motion
voted on, MOTION CARRIED.
*x*
Use Permit No. 3280 (Public Hearing) I Item No.4
Request to install a take -out window for hot dogs and I UP3280
soft drinks only at an existing Carl's Jr. Restaurant Continued
facility on property located in the Cannery Village/Mc- to 7 -23 -87
Fadden Square Specific Plan Area. The proposal also
includes a request to waive the additional required
off - street parking space.
LOCATION: Parcels No. 1, 2, and 3, Record of
Survey 35 -25, located at 3101 Newport
Boulevard, on the southwesterly corner
of 32nd Street and Newport Boulevard in
the Lucky's Market Shopping Center.
ZONE: SP -6
APPLICANT: Carl Karcher Enterprises, Inc., Anaheim
OWNER: William J. Cagney, Newport Beach
The applicant requested that this item be continued to
the July 23, 1987 Planning Commission meeting. Motion
voted on, MOTION CARRIED.
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July 9, 1987
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Use Permit No. 3281 (Public Hearing)
Item No.5
UP3281
Request to establish a restaurant and weight loss
counseling center on property located in the C -O -H
Approved
District in Fashion Island.
LOCATION: A portion of Lot K, Tract No. 6015,
located at 537 Newport Center Drive, on
the westerly side of Newport Center
Drive, between San Nicolas Drive and
Santa Rosa Drive, in Fashion Island.
-
ZONE: C -O-H
APPLICANT: California Lite/Newport Center Inc., -
Newport Beach
OWNER: The Irvine Company, Newport Beach
The public hearing was opened in connection with this
item, and Mr. Alex Sytnyk, applicant, appeared before
the Planning Commission and stated that he concurs with
the staff report and the findings and conditions of ap-
proval contained in Exhibit "A."
There being no others desiring to appear and be heard,
the public hearing was closed at this time.
Motion
x
Motion was made to approve Use Permit No. 3281 subject:
All Ayes
to the findings and conditions in Exhibit "A." Motion
voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed development 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 environs
mental impact.
3. That adequate parking exists to serve the project.
4. That the waiver of the development standards as
they pertain to walls, landscaping, and parking
lot illumination will not be detrimental to
•
adjoining properties.
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CITY OF NEWPORT BEACH
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6. The approval of Use Permit No. 3281, under the
circumstances of this case, will not be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood, or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan, and
elevations.
2. That fifteen (15) parking spaces shall be provided
for in the proposed restaurant and weight counsel-
ing facility.
3. That all signs shall conform to the provisions of
Chapter 20.06 of the Municipal Code.
. 4. That a washout area for refuse containers be
provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the
Building Department.
5. That all trash areas and mechanical equipment
shall be screened from view.
6. That grease interceptors shall be installed on all
fixtures in the restaurant facility where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code, unless otherwise approved by the
Building Department.
7. That kitchen exhaust fans shall be designed to
control smoke and odor to the satisfaction of the
Building Department.
8. That no live entertainment or dancing shall be
permitted unless an amendment to this use permit
is approved by the Planning Commission.
• I I I I I I I I 9. That no alcoholic beverages shall be sold unless
an amendment to this use permit is approved by the
Planning Commission.
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10. That the development standards pertaining to
walls, landscaping, and parking lot illumination
shall be waived.
11. That the Planning Commission may add to or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
12. This use permit shall expire unless exercised'
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
x *t
.
A. Use Permit No. 3282 (Public Hearing)
Item N0.6
UP 3282
Request to permit the construction of a two unit
residential condominium development with related
R850
garages and carports on property located in the R -2'
Approved
District.
AND
B. Resubdivision No. 850 (Public Hearing)
Request to resubdivide an existing lot into a single
parcel of land for residential condominium development,
on property located in the R -2 District.
LOCATION: Lot 21, Block 430, Corona del Mar,
located at 441 Carnation Avenue, on the'
southwesterly corner of Carnation Avenue
and Second Avenue in Corona del Mar.
ZONE: R -2 -
APPLICANTS: Gary P. and Rita J. Wilder, Corona del
Mar
OWNERS: Same as applicants
ENGINEER: Ron Miedema, Costa Mesa
.
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M ROLL CALL I I I I I I I I I INDEX
The public hearing was opened in connection with this
item and Mr. Harold J. Russell. appeared before the
Planning Commission on behalf of the applicants. Mr.
Russell stated that he concurs with the findings and
conditions for approval contained in Exhibit "A."
Motion IxI I I I I I I Motion was made to approve Use Permit No. 3282 and
All Ayes Resubdivision No. 850 subject to the findings and
conditions of approval. Motion voted. MOTION CARRIED.
Use Permit No. 3282
FINDINGS:
1. That each of the proposed units has been designed
as a condominium.
I I I I I I I 2. The project is consistent with the adopted goals
and policies of the General Plan.
• 3. That an adequate number of on- site parking spaces
will be provided for the residential condominium
development.
4. The project will comply with all applicable
standards, plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of ap-
proval.
5. The approval of Use Permit No. 3282 will not,
under the circumstances of this case be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS: -
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plans and
elevations, except as noted below.
2. That one tandem garage space and one carport space
. for each dwelling unit shall be maintained for.,
vehicular storage at all times.
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3. That the gross structural area of the development
shall not exceed 3,528 square feet.
4. That all conditions of approval of Resubdivision
No. 850 shall be fulfilled.
5. That this use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Resubdivision No. 850
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.
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed develop.
ment.
CONDITIONS: -
1. That a parcel map be recorded prior to issuance of
Building Permits unless otherwise approved by the
Public Works and Planning Department.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That arrangements be made with the Public Works
Department in order to guarantee satisfactory
completion of the public improvements, if it is
desired to record a parcel map prior to completion
of the public improvements.
•
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4. That each dwelling unit be served with an indivi-
dual water service and sewer lateral connection to
the public water and sewer systems unless other-
wise approved by the Public Works Department.
5. That walls and landscaping shall not exceed
twenty -four inches in height at the intersection
of Second Avenue and Carnation Avenue within the
sight distance line specified by Std.- 110 -L. The
sight distance requirement may be modified subject
to approval of the Traffic Engineer.
6. That a 10 -foot radius corner cutoff at the corner
of Carnation Avenue and Second Avenue be dedicated
to the public.
7. That an access ramp be constructed per City
Std. -181 -L at the intersection of Carnation Avenue
and Second Avenue under an encroachment permit
issued by the Public works Department.
B. That the damaged sidewalk, curb and .gutter be
replaced and that the trees in the parkway be root
pruned and that a deep root barrier be installed
at back of curb and along the edge of the side-
walk, along both Carnation Avenue and Second
Avenue.
9. That a concrete sidewalk be constructed along the
Second Avenue frontage under an encroachment
permit issued by the Public Works Department.
10. That all vehicular access to the site be from the
alley.
11. That County Sanitation District fees be paid prior
to issuance of any building permits.
12. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
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•
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Use Permit No. 3283 (Public Hearing)
Item No.7
UP3283
Request to establish a self - defense demonstration
studio in conjunction with a retail sales facility
Approved
specializing in the sale of self - defense training
equipment, uniforms, instructional material and books
on property located in the C -1 -H District.
LOCATION: Parcel No. 1 of Parcel Map 71 -18
(Resubdivision No. 478), located at
1000 West Coast Highway, on the
northerly side of West Coast Highway,
across from the easterly end of the
Balboa Bay Club.
ZONE: C -1 -H
APPLICANT: Fred villari's Studios, Newport Beach
OWNER: Deeb Investments, Inc., Toluca Lake .-
The public hearing was opened in connection with this
item, and no one appeared for the applicant.
Mr. Hewicker advised the Commission that staff had
received a phone call from the applicant regarding the'
hours of the demonstration classes. The applicant
indicated that he did not want to be restricted to
holding the classes only between the hours of 6:00 p.m.
and 7:00 p.m. Planning Director Hewicker said that
based on the established parking formulas for the
intended use of the site, adequate parking would be
provided during both the daytime and nighttime hours.
If it were the desire of the Planning Commission to
permit the demonstration classes to be held at other
times than those specified in Condition No. 2, the
condition should be so modified.
Mr. William Laycock, Current Planning Administrator
suggested that if the Commission desired, Condition No.
2 contained in Exhibit "A" could be modified, - by
limiting the self- defense demonstration classes to
eight students at a time and by deleting the specific
time at which the classes were to be held. Mr. Laycock
also commented that Condition No. 3 could be changed to
require "a minimum of 5 off - street parking spaces."
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Motion
Ayes
No
•
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There being no others desiring to appear and be heard;
the public hearing was closed at this time.
Commissioner Pomeroy opined that because the applicant
was not present to hear the suggested modifications to
the conditions of approval, that this item might be
continued to the next Planning Commission meeting.
Chairman Person cited that the considered modifications
to the recommended Conditions of Approval would benefit
the applicant, and therefore, it would not be necessary
to continue this item.
x Motion was made to approve Use Permit No. 3283 subject
x x x to the findings and conditions of approval in Exhibit
"A ", with Condition No. 2 changed to read_ "that the
self- defense demonstration classes shall be limited to
eight students and one instructor at a time;" and
Condition No. 3 modified to read "that five off - street
parking spaces shall be required in conjunction with
the proposed operation." Motion voted on. MOTION
CARRIED.
FINDINGS:
1. That the proposed development is consistent with
the General Plan, and is compatible with surround-
ing land uses.
2. That adequate parking for the demonstration.
classes will be provided inasmuch as such activity
will be limited to the evening hours, when a-
majority of the businesses on -site are closed.
3. The approval of Use Permit No. 3283 will ,not,
under the circumstances of this case, be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.'
CONDITIONS:
1. That development shall be in substantial confor=
mance with the approved plot plan and floor plan,
except as noted below.
2. That the self- defense demonstration classes shall
be limited to eight students and one instructor at
a time.
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3. That a minimum of five off- street parking spaces
shall be required in conjunction with the proposed
operation.
4. That all employees shall park on -site.
5. That the Planning Commission may add or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
6. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
A. Use Permit No. 1128 (Amended) (Public Hearing)
Item No.8
UP1128
Request to amend a previously approved use permit which
permitted the establishment of a YMCA facility in the
V1146
R -1 District. The proposed amendment involves a
request to construct a 44,564± sq.ft. addition that
Approved
includes youth and family fitness facilities, a gymnas -,
tics center, a child care center, offices, a community
meeting center and an illuminated roof top jogging /ex-
ercise area. The proposal also includes a modification
to the Zoning Code so as to allow: a portion of the
proposed building, an enclosed trash area, and a 6 foot
high wall to encroach into the required 20 foot front .
yard setback; a portion of the required parking spaces
to be compact spaces; and to allow two wall mounted
identification signs in excess of 2 sq.ft.
AND
B. Variance No. 1140 (Public Hearing)
Request to allow alterations and additions to the
existing YMCA facility which will exceed the maximum
allowable building height in the 24/28 Foot Height
•
Limitation District.
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LOCATION: Parcel No. 1 of Parcel Map No. 3 -35
(Resubdivision No. 215), located at
2300 University Drive, on the north-
erly side of University Drive, easterly
of Tustin Avenue in the West Bay Area.
ZONE: R -1
APPLICANT: Newport Costa Mesa YMCA
OWNER: Same as applicant
The public hearing was opened in connection with this
item, and Mr. James de Boom, Executive Director for the
Newport Costa Mesa YMCA appeared before the Commission.
Mr. de Boom stated his concurrence with the staff
report and the findings and conditions of approval
contained in Exhibit "A."
In response to a query by Commissioner Winburn, Mr. de
Boom said that the Newport Costa Mesa. YMCA operated
0 1111111 several sites throughout the City and served some
16,000 persons.
Commissioner Debay opined that the completion of the
proposed project would add greatly to youth facilities
in the City.
Commissioner Winburn, in answer to a query by Commis-
sioner Debay, explained that because of previous.
objections to the height of the structure, it was being
lowered 30 inches. into the ground; and any further,
lowering would be cost prohibitive to the project.,
Motion x Motion was made to approve Use Permit No. 1128 and
Variance No. 1140 subject to the findings and
conditions contained in Exhibit "A."
There being no others desiring to appear and be heard,
the public hearing was closed at this time.
In recalling the last time that the proposed project„
was heard before the Planning Commission, Planning
Director Hewicker stated that often times institutions
such as the YMCA, churches, etc., have received ap-
proval for their respective projects,. and then, due to'.
various reasons, are unable to get the project started
before the 24 month expiration period. Therefore, if
the Planning Commission wishes to extend the two year
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period as it applies to the proposed project, the
Commission could do so with an amendment to the motion
on the floor. Mr. Hewicker also clarified that an
extension of the permit period would not affect the
approved Traffic Study which expires on December 10,
1987.
Amendment
The motion on the floor was amended to include changing
to Motion
Condition No. 42 to read "That this use permit shall
All Ayes
expire unless exercised within 36 months from the date
of approval as specified in Section 20.80.090 A of the
Newport Beach Municipal Code." Motion voted on.
MOTION CARRIED. -
A. Use Permit No. 1128 (Amended)
FINDINGS:
1. That the proposed use is consistent with the Land
Use Elements of the General Plan and the Local
Coastal Program, and is compatible with surround-
•
ing land uses.
2. That the proposed number of compact car spaces
constitutes 19 percent of the parking requirements
which is within limits generally accepted by the
Planning Commission relative to previous similar.
applications.
3. That the proposed use of compact parking spaces,'
the front yard encroachments and proposed identi-
fication signs will not, under the circumstances
of the this particular case, be detrimental to the
health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use or be detri-
mental or injurious to property and improvements
in the neighborhood or the general welfare of the
City and further that the proposed modifications
are consistent with the legislative intent of
Title 20 of this Code.
4. That the project will comply with all applicable
City and State Building Codes and Zoning require -
ments for new building applicable to the district
in which the proposed project is located, except
those items requested. in conjunction with the
proposed modifications.
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•
5. That the project lot size conforms to the Zoning
Code area requirements.
6. That adequate off - street parking and related
vehicular circulation are being provided in
conjunction with the proposed development.
7. That all significant environmental concerns for
the proposed project have been addressed in a
previously certified environmental document, and
further, that there are no additional reasonable
alternative or mitigation measures that should be
considered in conjunction with said project.
8. That based on the information contained in the
previous Initial Study and Negative Declaration,
the project incorporates sufficient mitigation
measures to reduce potentially significant en-
vironmental effects, and that the project will not
result in significant environmental impacts.
9. That the approval of Use Permit No. 1128 (Amended)
will not, under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property or improvements in the
neighborhood or the general welfare of the City. .
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plans,
elevations and sections, except as noted below.
2. That all mechanical equipment and trash areas
shall be screened from University Drive and
adjoining properties.
3. That all improvements be constructed as required
by Ordinance and the Public Works Department.
4. That vehicular access be provided to the existing
storm drain easement access road located at the
northeasterly corner of the parcel to the satis -.
faction of the Public Works Department.
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5. That the on -site vehicular and pedestrian circu-
lation systems be subject to further review
by the Public Works Department, including the
design of the.proposed service driveways.
6. That prior to the occupancy of the proposed
project, the circulation system improvements
described in the Traffic Study dated April, 1983
on Page 10 prepared by JEF Engineering, Inc.,
shall have been accomplished unless subsequent
project approvals require modifications. thereto.
(The ultimate design of the intersection shall be
subject to the approval of the City Traffic
Engineer).
7. That the existing deteriorated drive apron and .
gutter on the University Drive frontage be re-
placed under an encroachment permit issued by the
Public Works Department.
B. That prior to the issuance of a building permit,
the applicant shall demonstrate to the satisfac-
tion of the Planning Department and the Public
Works Department, that sewer facilities will be,
available for the project at the time of occu-
pancy.
9. That arrangements be made with the Public Works
Department to guarantee satisfactory completion of
the public improvements.
10. That a master plan of sewer, water and storm drain
facilities be prepared and approved by the Public
Works Department prior to issuance of any building
permits.
11. Development of site shall be subject to a grading
permit to be approved by the Building and Planning
Departments.
12. That a grading plan, if required, shall include a
complete plan for temporary and permanent drainage,
facilities, to minimize any potential impacts from
silt, debris, and other water pollutants.
13. The grading permit shall include, if required, .a
description of haul routes, access points to the
•
site, watering, and sweeping program designed to
minimize impact of haul operations.
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14. An erosion, siltation and dust control plan, if
required, shall be submitted and be subject to the
approval of the Building Department and a copy
shall be forwarded to the California Regional
Water Quality Control Board, Santa Ana Region.
15. The velocity of concentrated run -off from the
project shall be evaluated and erosive velocities
controlled as part of the project design.
16. That grading shall be conducted in accordance with
plans prepared by a Civil Engineer and based on
recommendations of a soil engineer and an engi-
neering geologist subsequent to the completion of
a comprehensive soil and geologic investigation of
the site. Permanent reproducible copies of. the
"Approved as Built" grading plans on standard size
sheets shall be furnished to the Building Depart-
ment.
17. That erosion control measures shall be done on any
•
exposed slopes within thirty days after grading or
as approved by the Grading Engineer.
18. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape archi-
tect. The landscape plan shall integrate- and
phase the installation of landscaping with the
proposed construction schedule. (Prior to the_
occupancy of any structure, the licensed landscape
architect shall certify to the Planning Department
that the landscaping has been installed in accor-
dance with the prepared plan).
19. The landscape plan shall be subject to the review
of the Parks, Beaches and Recreation Department
and approval of the Planning Department.
20. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
21. The landscape plan shall place heavy emphasis on
the use of drought - resistant native vegetation and
be irrigated with a system designed to avoid
surface runoff and over - watering.
22. The landscape plan shall place heavy emphasis on
fire - retardant vegetation. The final landscape
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plan shall be designed so as to intensify the
landscaping for screening purposes, adjacent to
the Anniversary Lane Tract, and to increase the
wall and landscaping at the northwesterly corner
of the site where the foot traffic is occurring,
so as to preclude persons from gaining access at
this location.
23. Landscaping shall be regularly maintained free of
weeds and debris. All vegetation shall be regu-
larly trimmed and kept in a healthy condition.
24. That any roof top or other mechanical equipment
shall be sound attenuated in such a manner as to
achieve a maximum sound level of 55 dBA at the
property line.
25. That any mechanical equipment and emergency power
generators shall be screened from view and noise
associated with said installations shall be sound,
attenuated to acceptable levels in receptor areas.
•
The latter shall be based upon the recommendations
of a licensed engineer or a professional engineer
practicing in acoustics, and be approved by the
Planning Department.
26. That all buildings on the project site shall be.
equipped with fire suppression systems approved by
the Fire Department.
27. That all access to the building be approved by the
Fire Department.
28. That fire vehicular access, including the proposed
planter islands, shall be approved by the _Fire
Department.
29. Final design_ of the project shall provide for the
incorporation of water- saving devices for project_
lavatories and other water -using facilities.
30. That the lighting system within the structure and.
in the off - street parking lot shall be designed
and maintained in such a manner as to conceal the
light source and to minimize light spillage and
glare to the adjacent residential uses. The plans
shall be prepared and signed by a Licensed Elec-
trical Engineer; with a letter from the Engineer
stating that, in his opinion, this requirement has
been met.
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31. That the final design for the parking area be
approved by the City Traffic Engineer.
32. That a minimum of 181 parking spaces be provided
on -site at all times.
33. That the location of the compact parking spaces
shall be redistributed within the parking lot to
the satisfaction of the City Traffic Engineer.
34. That five handicap parking spaces shall be pro-
vided on -site unless otherwise permitted by the
Building Department.
35. That a maximum of 19% t (35 spaces) of the parking
on- site may be compact parking spaces.
36. That the service driveways shall be subject to
further review and approval of the City Engineer
and City Traffic Engineer.
•
37. That no nighttime lighting shall be permitted on
the running track /exercise area, except for pacing
lights on the running track.
38. That no permanent amplified paging systems shall
be permitted in any outdoor area on the subject
property.
39. That the two proposed wall signs shall not be
illuminated.
40. it shall be the responsibility of the YMCA to
monitor its programs for the proposed facility so
as to not exceed the capacity of the proposed
parking lot. If it is determined by the Planning
Department that programs exceed the on -site
parking spaces, they shall be modified by the YMCA
in a manner approved by the Planning Department.
41. That a gate shall be required across the driveway'
to close off the parking lot during the non- busi -
ness hours.
42. That this use permit shall expire unless exercised
within 36 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
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variance No. 1140
FINDINGS:
1. That there are exceptional or extraordinary
circumstances applying to the land, building, and
use proposed in this application, which circum-
stances and conditions do not generally apply to
land, building, and /or uses in. the same district
inasmuch as the YMCA's gymnasium requires specific
dimensions and height that do not apply to adja-
cent properties in the vicinity.
2. That the granting of a variance to the height
requirement is necessary for the preservation and
enjoyment of substantial property rights of the
applicant, inasmuch as without the height, the
YMCA could not offer programs necessary to sustain
itself and serve the community.
3. That the establishment, maintenance, and operation
•
of the use, property, and 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
detrimental or injurious to property and improve-
ments in the neighborhood or the general welfare
of the City.
CONDITIONS: -
1. That development .shall be in substantial confor-
mance with the approved plot plan, floor plans,
revised elevations and sections, except as noted
below.
2. That all applicable conditions of Use Permit No.
1128 (Amended) shall be fulfilled.
3. That the height of the parapet walls shall -ge
limited to that required by Code, is 42 inches.
The proposed stairwells shall be no higher than
the approved height of the parapet walls.
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Motion
All Ayes
•
Variance No. 1141 (Public Hearing
Request to permit the alterations and additions to an
existing single family dwelling which will exceed 1.5
times the buildable area of the site on property
located in the R -1 District. The proposal also in-
cludes a modification to the Zoning Code so as to
permit the proposed addition to encroach 10 feet into
the required 10 foot rear yard setback.
LOCATION:
ZONE:
APPLICANT:
OWNER:
Lots 1 and 2,
Mar, located
northwesterly
Shell Street
Cove.
R -1
Block C33,
at 2889 Way
side of Way
and Newport
Corona del
Lane, on the
Lane between
Bay in China
Harry R. Eberlin, Corona del Mar
Same as applicant
The applicant requested that this item be continued to
the July 23, 1987 Planning commission meeting. Motion..
voted on; MOTION CARRIED.
*,t x
A. Traffic Study (Continued Public Hearing)
Request to approve a traffic study in conjunction with
the construction of a drive -in and take -out restaurant
facility with indoor and outdoor seating areas; and the
acceptance of an environmental document.
D]
B. Use Permit No. 3278 (Continued Public Hearing)
Request to permit the construction of a drive -in and
take -out restaurant facility with indoor and outdoor
seating areas; a request to waive a portion of the
required off - street parking spaces; and a modification
to the Roll Center Newport Planned Community Develop-
ment Standards so as to allow 5 wall identification
signs where said standards permit only 2 such signs.
-29-
Item No.9
V1141
Continued
to 7 -23 -87
Item No. 10
TS
UP3278
R849
Continued
to 8 -6 -87
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C. Resubdivision No. 849 (Continued Public Hearing)
Request to create one parcel of land for restaurant
purposes and one parcel of land for off - street parking
purposes where one parcel of land now exists.
LOCATION: Parcel 7 of Parcel Map 82 -713
(Resubdivision No. 731), located at 4101
Jamboree Road, on the northwesterly side
of Jamboree Road, northeasterly of
MacArthur Boulevard in Koll Center
Newport.
ZONE: P -C
APPLICANTS: Aetna Life Insurance Company, c/o The
Koll Company, Newport Beach; and Taco
Bell Corporation, Santa Ana
OWNER: Aetna Life Insurance Company, c/o The
.
Koll Company, Newport Beach
ENGINEER: Robert Bein, William Frost & Associates,'
Newport Beach
Motion
All Ayes
The applicants requested that this item be continued to
the August 6, 1987 Planning Commission meeting. Motion
voted on, MOTION CARRIED. - -.
-
,tx*
Amendment No. 651 (Public Hearing)
Item No.11
A651
Request to amend the Planned Community Development
Standards of the Big Canyon Planned Community so as to
Continued
amend the front yard setback requirement for garages in
to 7 -23 -87
Area 10 of the Planned Community and to delete the
provision for the establishment of setbacks in conjunc-
tion with the approval of a tentative tract map; and
the acceptance of an environmental document
•
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LOCATION: Tract No. 10814, located in Area 10 of
the Big Canyon Planned Community, on the
-
northeasterly side of San Joaquin Hills
Road, between Santa Rosa Drive and Santa
Cruz Drive, across from the northerly
end of Newport Center.
ZONE: P -C
APPLICANT: Irvine Pacific, Newport Beach
OWNER: Same as applicant
-
Motion
Staff recommended that this item be continued to the
All Ayes
July 23, 1987 Planning Commission meeting. Motion
voted on; MOTION CARRIED.
k *•
D I S C U S S I G N I T E M S:
Discussion
Items
Temporary Use of a Mobile Office Trailer at Newport
Pacific Boat Sales, located at 2200 west Coast Highway,
Temp.Use
Mobile
in Mariner's Mile
Office Trlr
Request to consider the temporary use of a mobile
trailer for office purposes on property located in the
Approved
"Retail and Service Commercial" area of the Mariner's
Mile Specific Plan Area. -
ZONE: SP -5
APPLICANT: Newport Pacific, Newport Beach -
OWNER: Ardell Investment Co., Newport Beach
In response to a question posed by Commissioner
Koppelman, Planning Director Hewicker stated that if it
were the applicant's intention to request a temporary
use for a mobile trailer for offices every year, a Use
Permit would be in order.
Chairman Person voiced his support of the temporary use
as long as it was not an every year request.
layes
Chairman Person called for a vote. MOTION CARRIED. -
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Verbal report from staff in conjunction with car
Misting
Devices
washing activities including misting devices, in
existing automobile sales, leasing and service facil-
ities located in the City.
INITIATED BY: The City of Newport Beach
Mr. Hewicker recounted for the Commission a little of
the history of the use of misters by existing automo-
bile sales, leasing and service facilities located
throughout the City. He explained that misting devices
are usually mobile units, water is applied under
pressure to a vehicle to clean it, and when operated
properly, very little water reaches the ground; any
residue on the car is wiped away with a cloth. He
compared this method to a car wash rack that must be
connected to a sewer drain.
in reply to Commissioner Koppelman's question as to.how
•
much water reaches the ground, Mr. Hewicker stated it
varies and depends upon the misting device being
properly used by the operator.
Commissioner Pomeroy stated that he had had several
occasions to view the operation of the misters and
opined that very little water reached the ground.
Assistant City Attorney Carol Korade stated that the
issue in question is whether or not to exempt misting
devices from the same conditions applied to a car wash
rack.
The consensus of the Planning Commission was that
misting devices could be used in the open as long as
they are used properly (i.e. a minimal amount of water
hitting the pavement).
•
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A D D I T I O N A L B U S I N E S.S:
Commissioner Koppelman asked to be excused from the
Koppelman
July 23, 1987 Planning Commission meeting. Motion was
Excused
Motion
x
made to excuse Commissioner Koppelman from the July 23,
All Ayes
1987 Planning Commission meeting. Motion voted on,
MOTION CARRIED.
A D J 0 U R N M E N T: 8:55 P.M.
Adjournment
* *x
JANICE DEBAY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION -
•
s
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