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HomeMy WebLinkAbout07/09/1987COMMISSIONERS aL y� �� �� (��9NO q\Irr Nrit 9 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 xx* 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 -2- 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. -3- 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. -4- INDEX COMMISSIONERS N D 9� `�y (C C�9h CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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." -5- COMMISSIONERS 9y CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -6- COMMISSIONERS �s0�� 9y CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -7- COMMISSIONERS y�G9y9�NOy����o - qZ 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. -8- 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. xx* COMMISSIONERS MINUTES July 9, 1987 ymG� 9o�9��y� 9y CITY OF NEWPORT BEACH ROL CALL INDEX 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 -10- COMMISSIONERS CALL 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. -11- COMMISSIONERS %q Arr -'often� 0 OX yizt CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -12- COMMISSIONERS MINUTES July 9, 1987 CITY OF NEWPORT BEACH INDEX 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. -13- COMMISSIONERS MINUTES July 9, 1987 CITY OF NEWPORT BEACH ROL CALL INDEX 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 . -14- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 9, 1987 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. -15- COMMISSIONERS sA g`< 't�`�Q',�m�"m �G��9 4 C 9y CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROLL CALL INDEX 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. • -16- COMMISSIONERS qty , 0 CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. ,t x: • -17- COMMISSIONERS Z�G�y 9NOy C� 'y CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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." -18- COMMISSIONERS CALL Motion Ayes No • 0 x MINUTES July 9, 1987 CITY OF NEWPORT BEACH 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. -19- INDEX COMMISSIONERS ONO" OX A 9 9 'OO v CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -20- COMMISSIONERS MINUTES July 9, 1987 \ \ \ \y \ \\ CITY OF NEWPORT BEACH CALL INDEX 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 -21- COMMISSIONERS AG � 9N 99 A.p 9 9� CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -22- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 9, 1987 = ROLE- CALL I I I I I I I I I INDEX C7 • 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. -23- COMMISSIONERS CITY OF NEWPORT BEACH CALL MINUTES July 9, 1987 INDEX 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. -24- INDEX COMMISSIONERS y 0 �^ o s �m 9y OX y << �o vy CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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 -25- COMMISSIONERS 00 so�m Noy'er �o ya . CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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. -26- COMMISSIONERS MINUTES o oo�m�`°a+ July 9, 1987 ydG 9N 99 .a 9 9y �`$ � CITY OF NEWPORT BEACH ROLL CALL INDEX 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. -27- COMMISSIONERS 0 9y . CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROLL CALL INDEX 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. -28- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROLL CALL I I I I I I I I I INDEX 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 COMMISSIONERS MINUTES NX �Q,�i July 9, 1987 ��`` � � � 9y CITY OF NEWPORT BEACH ROLL CALL INDEX 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 • -30- COMMISSIONERS MINUTES y ° 0�0 - 6 July 9, 1987 V � ° qy CITY OF NEWPORT BEACH ROL CALL INDEX 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. - -31- COMMISSIONERS F/- - CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX 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). • -32- COMMISSIONERS y�G�Z.9�N�9ff $o 9y . CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROL CALL INDEX - 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 -33-