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HomeMy WebLinkAbout07/23/1981COMMISSIONERS ?� CALL r1 Motion Ayes Abstain Absent Motion Ayes Abstain Absent IXI X X X PLANNING COMMISSION MEETING Place: City Council Chambers Time: 7:30 p.m. Date: July 23, 1981 Of Newport Beach Commissioner Beek was present at 7:37 p.m. EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Nancy M. Alvidrez, Secretary * x x APPROVAL OF THE MINUTES Adjourned Meeting of June 4, 1981 - 3:00 p.m. Motion was 'made to approve the Minutes of the Adjourned Planning Commission Meeting of June 4, 1981 as written, which MOTION CARRIED. Regular Meeting of June 18, 1981 - 7:30 p.m. Motion was made to approve the Minutes of the Regular Planning Commission Meeting of June 18, 1981 as written, which MOTION CARRIED. x x Staff recommended that the following items be continued to the August 6, 1981 meeting: Item Nos. 4: 5: 6: 12: 13: 14: 17: (Use Permit No. 2005) (Use Permit No. 2008) (Resubdivision No. 692) (Traffic Study) (Site Plan Review No. 27) (Resubdivision No. 688) (Use Permit No. 2009) • I l I 1 !III Staff further recommended that Item No. 21 (Housing Element) also be continued to the August 6, 1981 meeting. MINUTFS INDEX APPROVAL OF THE MINUTES APPROVAL OF THE M-T FiTFC Motion Ayes Absent r i lJ C J COMMISSIONERS MINUTFS July 23, 1981 FM City of Newport Beach X Commissioner Balalis asked staff if there was any indication as to when they might. hear from the State regarding the Housing Element. Planning Director Hewicker stated that he had contacted the State's Housing and Community Development Department approximately a week ago and they had indicated to him that there had been 18 cities that had submitted their Housing Element prior to the time we submitted ours back on the 22nd of May and they had not even started the review. Mr. Hewicker talked to Patricia Neal, along with our consultant in Sacramento, on July 22nd and she indicated that they were meeting for the first time with the HCD on Monday, July 27, 1981 in Sacramento, but that they did not anticipate getting any comments before the anticipated date of August 22, 1981. There being no further discussion on these items motion was made to continue; Item Nos. 4, 5, 6, 12, 13, 14, 17, and 21 to the Regular Planning Commission Meeting of August 6, 1981, which MOTION CARRIED. Request to consider a traffic study for a proposed 25,000 sq.ft.± medical office condominium building. �T] Request to permit the construction of a 32 foot high medical office condominium complex and related off - street parking spaces in the Unclassified District, and the acceptance of an Environmental Document. A modification to the Zoning Code is also requested inasmuch as a portion of the required parking spaces are compact spaces. FR Request to create one parcel of land for medical office condominium purposes. LOCATION: A portion of Lot 715, First Addition to the Newport Mesa Tract, located at 1511 and 1525 Superior Avenue, on the northwester ,ly side of Superior Avenue between 15th Street and 16th Street in the West Newport Triangle. F INDEX Item #1 TRAFFIC STUDY AND Item #2 AND Item #3 RESUB- DIV -is ION N MMISSIONERS July 23, 1981 Hd 7cW �D 5"(0 a City of Newport Beach CALL ZONE: Unclassified APPLICANT: W. Ross Mollard and William R. Wood, Irvine OWNERS: Same as applicants Planning Director Hewicker presented background information on this continued item in conjunction with the Commission's request to review the back -up material which was used by the City Traffic Engineer in order to arrive at his conclusions related to this project. The public hearing opened in connection with this item and Mr. Mollard, the applicant, appeared before the Commission and requested approval of his proposal. (Commissioner Beek arrived at 7:37 p.m.) Commissioner Beek asked the City Engineer, Don Webb, • if he had any information as to how the traffic distribution in the project was determined. Commissioner Beek also stated that if we compare it with the traffic distribution in the other medical building where the statistics were taken, they do not seem to correlate in any way. In response to Commissioner Beek's question, Mr. Webb stated that the critical distribution in determining directional as far as the peak hour percentages to the intersections, was the distribution in the direction of Superior Avenue, and it was estimated that the southerly and westerly traffic direction towards Superior Avenue from both office buildings, was going to be about the same. The distribution that Commissioner Beek referred to is one in which the existing medical office which was counted, shows a very large percentage going towards Hospital Road and Newport Boulevard. Mr. Webb stated that the counts that were taken indicated that there were fewer people who desired to go in the direction of either West Newport and Huntington Beach than were originally assumed by the first study. The first study assumed that almost 258 of the motorists wanted to go in that direction and the actual counts • indicated, that there were actually 13.8% that went in that direction from the medical building where the statistics were taken. 3 MINUTES INDEX COMMISSIONERS CALL Motion All Ayes n U Suggested Amendment Motion A11 Ayes • 1E So S N S to 7C N KI X July 23, 1981 of Newport Beach It was found that there was even a lower number that was actually using the peak hours (i.e., 3 %) so that this further emphasizes that in counting this medical development the peak hour traffic loads were, not the significant item in the traffic going in and out of the complex. There being no further discussion, Chairman McLaughlin made a motion for approval of Traffic Study, subject to the following findings which MOTION CARRIED: 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 project - generated traffic will not be .greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the intersection. 3. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary- modified', or 'primary' street. Chairman McLaughlin moved approval for Use Permit No. 1988 and asked for any further discussion. Commissioner Allen asked a question in relation to roof top mechanical equipment and suggested that a sound attenuation condition be added so as to reduce any noise to a level that will be compatible with adjacent uses. Motion was then made to approve Use Permit No. 1988 with the added condition by Commissioner Allen, subject to the following findings and conditions, which MOTION CARRIED: 4 MINUTFS INDEX July 23, 1981 7c(o�D CD City of Newport Beach MINUTFS INDEX FINDINGS 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 3. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to 'reduce potentially- significant environmental effects, and that the project will not result in significant environmental impacts. 4. The Police Department has indicated that they do not contemplate any problems. . 5. The approval of Use Permit No. 1988 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 general welfare of the City. 6. That to permit six of the required parking spaces to be designed as compact parking spaces will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification for compact spaces is consistent with the legislative intent of Title 20 of the Municipal Code. MINUTFS INDEX COMMISSIONERS c CALL r 1 U July 23, 1981 Of rnMn TMTnMC i0 , 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That a minimum of one parking space for each 250 sq.ft. of gross floor area within the exterior walls of the structure shall be provided on the subject property. 3. That all mechanical equipment and trash areas shall be screened from adjoining property and from Superior Avenue. 4. Handicap and compact parking spaces shall be clearly marked by a method approved by the City Traffic Engineer. 5. Driveway widths shall be'a minimum of 28 feet. 6. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions, and Restrictions which may be recorded against the property. DISCLOSURE STATEMENT The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; b) when an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport. C) The City of Newport Beach may continue to oppose additional commercial air service expansions at the John Wayne Airport; 6 MINUTES INDEX -.4 or COR • n July 23, 1981 City of Newport Beach d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the John Wayne Airport. 7. The project be designed to conform to Title 24, Paragraph G, Division T -20, Chapter 2, Sub- chapter 4. 8. Should any resources be uncovered during construction, that a qualified archaeologist or palenotologist evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 & K -7. 9. Final design of the project shall provide for the. incorporation of water - saving devices for project lavatories and other water -using facilities. 10. The final design of the project shall provide for the sorting of recyclable material from other solid waste. 11. The applicants shall provide for weekly vacuum sweeping of all paved parking areas and drives. 12. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. 13. The landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department. Furthermore, said landscape plans adjacent to the drive entrance shall be reviewed and approved by the Public Works Department for sight distance. 14. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 15•. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and over - watering. 7 MINUTES INDEX • Motion A11 Ayes COM X July 23, 1981 j M m D 5' t UV5 I City of Newport Beach 16. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 17. 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.. 18. The grading permit shall include, if required, a description of haul routes, access points to the site and a watering and sweeping program designed to minimize impacts of hard operations. 19. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. 20. That an erosion and siltation control plan, if required, shall be approved by the California Regional Water Quality Control Board - Santa Ana Region, and the plan be submitted to said Board ten days prior to any construction activities. 21. The project shall be so designed to eliminate light and glare spillage on adjacent uses. 22. That all conditions of approval of Resubdivision No. 684 shall be met. 23. That the roof top mechanical equipment shall be sound attenuated so as not to exceed a maximum sound level of 55dBA at the property lines. There being no further discussions motion was made to approve Resubdivison No. 684, subject to the following findings and conditions, which MOTION CARRIED: 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. go MINUTFS July 23, 1981 Cr i City of Newport Beach MINUTFS INDEX Item #4 3. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. CONDITIONS 1. That a Parcel Map be filed. 2. That all improvements be constructed as required by ordinances and the Public Works Department. 3. That additional right -of -way for street and highway purposes be dedicated to the Public, as needed along the Superior Avenue frontage of the site to establish 50 feet of street right -of -way from the center line of street to property line across the entire Superior Avenue frontage. 4. That the remaining street improvements along Superior Avenue frontage be completed. These improvements shall include the construction of curb, gutter, full width sidewalk, street • lights, and pavement section, and the reconstruction of any displaces curb. The street improvement plans shall be prepared by a licensed Civil Engineer. 5. That existing parkway trees shall be removed or root pruned as required by the Parks, Beaches, or Recreation Department. 6. That a subdivision agreement and accompanying surety shall be provided if it is desired to obtain a building permit or record a parcel map prior to completion of the public improvements: 7. That the vehicular and pedestrian circulation plan be subject to further review and approval of the Public Works Department. 8. That the water service be installed as required by the Costa Mesa Consolidated Water District. 9. That the sewer connections be constructed as required by the Costa Mesa Sanitary District. � � x • Request to change the operational characteristics of an existing restaurant in the C -1 -H District so as to 9 MINUTFS INDEX Item #4 Motion Ayes Absent • Motion Ks ent MISSIONERS 1 cm� ,m x x July 23, 1981 MINUTES of Newport Beach allow the sale of beer and wine in conjunction with the restaurant operation. The proposed development also includes tandem parking spaces and valet parking for the restaurant use. LOCATION: Lots 74 and 75, Tract No. 1011, located at 4001 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. ZONE: C -1 -H APPLICANT: Royal Thai Cuisine Inc., Newport Beach OWNER: Mary Howard, Newport Beach Planning.Commission continued this item to the August 6, 1981 Regular Planning Commission Meeting. Request to permit the construction of a four unit residential condominium project and related garage spaces in the R -4 District. A modification to the Zoning Code is also requested inasmuch as the proposed development encroaches: a) 10 feet into the required 20 foot front yard setback on West Bay Avenue; b) 3 feet into the required 10 foot front yard setback along 19th Street; and 3) 1 foot 6 inches into the required 4 foot side yard setback along Vilelle Place. LOCATION: Parcel 1 of Parcel Map 130 -20 -21 (Resubdivision No. 590) and a portion of Lot 1 of Block B, Newport Beach Tract on the northeasterly side of 19th Street and Vilelle Place on the Balboa Peninsula. ZONE: R -4 APPLICANTS: Sweeney, Smith, Rossi, Eadington, Newport Beach OWNERS: Same as applicants Planning Commission continued this item to the August 6, 1981 Regular Planning Commission Meeting. 10 INDEX Item #5 JUSE PERMIT N0. 20008 Continued To August 6, 1981 COMMISSIONERS CALL Motion Ayes Absent • Abstain • X Ix !x July 23, 1981 MINUTES ity of Newport Beach INDEX Request to create one parcel of land for residential Item condominium development where two lots now exist. LOCATION: Parcel 1 of Parcel .Map 130 -20 -21 (Resubdivision No. 590) and a portion of Lot 1 of Block B, Newport Tract located at 1824 Vilelle Place and 1821 West Bay Avenue on the northeasterly side of 19th Street and Vilelle Place on the Balboa Peninsula. ZONE: R -4 APPLICANTS: Sweeney, Smith, Rossi, Eadington, Newport Beach OWNERS: Same as applicants Planning Commission continued this item to the August 6, 1981 Regular Planning Commission Meeting. Request to consider the revocation of Use Permit No. 1857 that permitted the construction of a Bank of Newport complex on the site that exceeds the basic height limit within the 32/50 Foot Height Limitation District. This public hearing is to determine whether or not said use permit should be revoked for failure to comply with certain required conditions of approval. LOCATION: Parcel 1 of Parcel Map 152 -28, 29 (Resubdivision No. 659) located at 2101 East Coast Highway, on the southerly side of East Coast Highway, westerly of Avocado Avenue, adjacent to Irvine Terrace. ZONE: C -1 APPLICANT. Bank of Newport, Newport Beach INITIATED BY. City of Newport Beach Commissioner Balalis stated that due to possible conflict of interest, he would be abstaining from any participation or vote on this item. 11 Item #7 USE PERMIT NOT REVOKED `J Motion Ayes Abstain • COMMISSIONERS 1 A [0 w> XI July 23, 1981 of N Beach The public hearing opened in connection with this item and Mr. Dennis Harwood, representing the applicant, appeared before the Commission and commented about the existing development.. Planning Director Hewicker made clarifications to Mr. Harwood's comments. Mr. Joe Winkelmann, President of the Irvine Terrace Homeowners Association, presented himself to the Commission and read a letter addressed to the members of the Newport Beach Planning Commission from Mrs. Eleanor Forsyth. Mrs. Forsyth expressed her concern on this item in regards to the total effect of the lighting and also stated that she would like some enforceable measure to keep the situation as it is now. Commissioner King addressed staff with a question of his concern, "Should the building change hands and a different use occur, will the Commission then be faced with a problem and not be in a position to do anything about it ?" In response to Commissioner King's question, Planning Director Hewicker stated that he does not foresee the problem coming up again. Assistant City Attorney, Bob Burnham, stated that to the extent of the Commission justifying and imposing new conditions or revising conditions now, if the circumstances that allow the Planning Commission to do it at this time exist sometime in the future, then the Planning Commission will have the same opportunity at a later date. Mr. Burnham suggested that a motion could be in order to direct staff and a representative of the bank to draft language which would represent existing conditions and that new language would then be incorporated into the approved plan and would not have to come back before the Commission. Motion was then made by Commissioner Beek that staff be so directed, and that the Planning Commission recommend to the City Council that Use Permit No. 1857 not be revoked, inasmuch as the required conditions of approval have been met, which MOTION CARRIED. 12 MINUTFS INDEX • • July 23, 1981 � d C !1- City of Newport Beach Request to approve Final Tract Map 11449 subdividing 19.763 acres into 53 numbered lots for residential purposes, one lettered lot for private street purposes (Lot D) and three lettered lots for private landscape and open space (Lots A, B, and C); AND Request to approve a Final Map No. 11450 subdividing 23.330 acres into 40 numbered lots for residential purposes, one lettered lot for private street purposes (Lot C) and two lettered lots for private landscape and open space (Lots A and B); AND Request to approve a Final Map to establish one numbered,lot for residential condominium purposes and one lettered lot for private street purposes on 10.824 acres of land being a portion of Tentative Map of Tract No. 11377. LOCATION: A portion of Tentative Tract No. 10391 generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Community. ZONE: P -C APPLICANT: J.M. Peters Company, Inc., Newport Beach OWNER: Same as applicant Discussion opened in connection with these items and Mr. Bob Trapp, applicant for J.M. Peters Company, presented himself to the Commission. Commissioner Thomas questioned these items as to whether all the maps reflect the park site on the Aeronutronic Ford Property. Planning Director Hewicker responded to Commissioner Thomas' question and explained that the three maps do not reflect the park site which is located on a Final Map that was previously recorded. Mr. Hewicker further explained to the Commission what the Council has done with respect to the Final Map that covers the park site. 13 MINUTES INDEX Item #8 Item #9 FINAL TRACT MAP NO. 11450 AND Item #10 FINAL TRACT MAP NO. 11451 ALL APPROVED CONDI- TIONALLY c zmw d 3 7 'S to N Motion Ayes Noes 0 • July 23, 1981 of Newport Beach There being no further questions motion was made to approve: Final Tract Map No. 11449, which MOTION CARRIED; Final Tract Map No. 11450, which MOTION CARRIED; and Final Tract Map No. 11451, subject to the following finding and condition, which MOTION CARRIED: FINDING 1. That proposed Final Maps substantially conform with the Tentative Map and with all changes permitted and all requirements imposed as conditions to their acceptance. CONDITION 1. That all remaining conditions of Tentative Tract Map No. 11377 as approved by the City Council on March 9, 1981 be fulfilled. Request to waive a portion of the required off - street parking spaces in conjunction with the existing Beachcomber Restaurant facility on Mariner's Mile. LOCATION:. A portion of Lot H of Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway between Riverside Avenue and Tustin Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Bo Bentley, Newport Beach OWNER: Nelson A. Grey, Upland The public hearing opened in connection with this item and Ms. Bo Bentley, owner of the Beachcomber Restaurant, requested approval of her proposal. 'Planning Director Hewicker commented on Ms. Bentley's statement saying that it is true, there will be a Municipal parking lot, across the street on the opposite side of Mariner's Mile below the Theater Arts Center. The City does own the land and it is 14 MINUTES INDEX VARIANCE 1697 APPROVED CONDI- T MAFLY 1 � 1 LJ Motion X Amendment Aes Noes X X X1 Amendment Ayes Noes • XIXI July 23, 1981 of Newport Beach expected that it will be completed within one year and it will provide 130 parking spaces. Assistant City Attorney Burnham further commented stating that he drafted some proposed findings in addition to those proposed by staff which may allow the Commission to approve the variance request. Mr. Jim Bowie, owner of the Rusty Pelican Restaurant and Ancient Mariner, suggested that there be some type of formal requirement to provide those off -site parking stalls and not in the form of an agreement from an individual on an informal basis. Planning Director Hewicker also indicated to the Commission that a use permit application for an ice cream parlor, immediately east of the Beachcomber Restaurant, will be on the next Planning Commission agenda. Under that use permit the Commission will be asked to waive some additidnal parking based on the requirements of the City's take -out restaurant standards. Assistant City Attorney, Bob Burnham, stated that the proposed findings he drafted, were based upon review of his notes of the last hearing where there was some significant discussion as to the nature of the business and the hours of operation. Commissioner Balalis suggested a last condition stating that, should the applicant lose the off -site parking for any reason, they notify staff and make arrangements to provide the same off -site parking at another location or purchase in -lieu parking spaces in the subject Municipal parking lot. Chairman McLaughlin made a motion for approval of Variance No. 1087 with the conditions and findings as proposed by Mr. Burnham. Commissioner Beek made an amendment to the motion to include a condition that the restaurant facility continue to close by 5:00 p.m., which MOTION FAILED. Commissioner Beek Use Permit for one reviewed by the MOTION FAILED. made an amendment to approve this (1) year at which time it will be Modification's Committee, which 15 MINUTES INDEX Original Motion All Ayes • r 1 0 July 23, 1981 ampD 333 y City of Newport Beach Motion was made for approval of Variance No. 1087 subject to the .following findings and conditions as proposed by Mr. Burnham, and with the last condition suggested by Commissioner Balalis on the ,need to buy in -lieu spaces if the off -site parking spaces are lost, subject to the following findings and conditions, which MOTION.CARRIED: FINDINGS 1. That exceptional circumstances apply to the restaurant site and that expansion plans of the property owner will significantly reduce parking available to the customers of the restaurant and the restaurant site is located such that there is no off -site parking available under current City rules. 2. That the need for additional parking did not occur by the actions of the applicant in either expanding or changing the nature of the use. 3. That the hours of operation and the characteristics of the restaurant use are such that demand for parking by restaurant customers falls outside of the hours when demand for parking is 'greatest. 4. That a majority of the customers of the restaurant walk to the restaurant from nearby businesses and the need for automobile parking spaces is thereby substantially reduced. 5. That a reduction in the net floor area of the restaurant, given the small size of the restaurant, will deprive the applicant of substantial property rights, and the granting of this variance is necessary for the preservation of these property rights. 6. That the business has been continuously in operation for a considerable number of years. 7. That the applicant utilizes her best efforts to maintain existing off -site parking spaces presently available to customers of the restaurant; and 8. That granting of this variance will not under the circumstances of this case affect adversely i6 MINUTES INDEX COMMISSIONERS July 23, 1981 �i 1 F 'v 3 LQ i w City of Newport Beach • mwtion X es X X Absent the health or safety of persons residing in the neighborhood and will not be materially detrimental to the public welfare. CONDITIONS 1. That there shall be a total of thirteen (13) on -site parking spaces provided for the subject restaurant. 2. That the proposed restaurant shall, be in substantial conformance with the submitted floor plan and site plan. 3. That the applicant shall inform staff if the existing seven (7) off -site parking spaces are lost for any reason, at which time arrangements shall be made to provide the same number of off -site parking spaces at another location, or to purchase seven (7) in -lieu parking spaces in a Municipal parking lot. The Planning Commission recessed at 8:55 p.m. and reconvened at 9:00 p.m. Request to consider a Traffic Study for a proposed 28,000 sq.ft.± marine related office /retail commercial building. . LOCATION: A portion of Lots G and M, Tract No. 919, located on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Richard V. and Rosanne M. Valdes, and M.V. Threinen, Irvine OWNER: Same as applicants Planning Commission continued this item to the Regular Planning- Commission meeting of August 6, 1981. 17 MINUT65 (Item #12 (TRAFFIC STUDY Continued To August 6, 1981 Motion Ayes Absent 0 Motion Ayes Absent Flue July 23, 1981 7C [o p+ D 3 y City of Newport Beach X Request to permit the construction of a two story, 28,000 sq.ft. t marine office /retail commercial building and related parking spaces, located in the Mariner's Mile Specific Plan Area, and the,acceptance of an Environmental Document. LOCATION: A portion of Lots G and M, Tract No. 919, located on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: Richard V. and Rosanne M. Valdes, and M.V. Threinen, Irvine ,OWNERS: Same as applicants Planning Commission continued this item to the X X Regular Planning Commission Meeting of August 6, X 1981. Request to create one parcel of land for office/ retail commercial development where a portion of two lots presently exist. LOCATION: A portion of Lots G and M, Tract No. 919, located at 3101 West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANTS: Richard V. and Rosanne M. Valdes, and M.V. Threinen, Irvine OWNERS: Same as applicants Planning Commission continued this item to the Regular Planning Commission Meeting of August 6, X 1981. 18 MINUTFS INDEX Item #13 SITE PLAN REVIEW NO. 27 Item #14 RESUB- DIVISION Continued to August 6, 1981 D July 23, 1981 7CW �i y City of. Newport Beach Request to establish a restaurant facility with on -sale alcoholic beverages and live entertainment in a portion of the Pacifica Marina Building on Mariner's Mile, and the acceptance of an off -site parking agreement for a portion of the required parking spaces. Valet parking is also proposed in conjunction with the proposed development. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue, in the Mariner's Mile Specific Plan Area. ZONE: SP -5 APPLICANT: William J. Clark, Newport Beach OWNER: Same as applicant Planning Director Hewicker stated that the primary • reason for staff recommending denial of the use permit is because the applicant has essentially given up his rights to the parking spaces that he has onsite for his own use, to a proposed restaurant- office use which is proposed to be built on the site immediately adjoining to the west, but which has not even been to the Planning Commission for approval.. The public hearing opened in connection with this item and Mr. Bill Clark, the applicant, expressed his concern on Mr. Gordon Barienbrock's property next door to his project and also requested approval of his proposal. Mr. Barienbrock, resident of Newport Beach, stated that he has no objections to Mr. Clark's request and would like to see approval of this request. Mr. Dave Chapman, resident and property owner in Newport Beach, stated that he is in favor of Mr. Clark's request so long as staff approves it with the findings under Exhibit "B" of the staff report. Mr. Warren Sheets presented himself to the Commission and commented on the parking situation as far as the . circular type of access is concerned, and the problem of trying to get a parking space to eat at night. 19 MINUTES INDEX I COMMISSIONERS CALL Motion All Ayes • Motion Ayes IV C 51 v 7 w 7 ui X KI July 23, 1981 of Newport Beach Commissioner Balalis made a motion to continue this item to the August 6, 1981 Planning Commission meeting, so that the Commission would be able to review the proposed office - restaurant complex on the adjoining Barienbrock property and its relationship to the proposed restaurant facility, which MOTION CARRIED. Request to establish an outdoor sales and display area in conjunction with an existing retail nursery in the C -1 District. A modification to the Zoning Code is also requested so as to allow a 5 foot high± chain link fence to encroach into the required 10 foot rear yard adjacent to a 14 foot wide alley. A variance is also requested to waive the required off - street parking spaces for the expanded commercial use. LOCATION: Lots 16, 18, 20, and 22 of Block 732, Corona del Mar Tract, located at 716 Dahlia Avenue, on the southeasterly corner of Dahlia Avenue and Fifth Avenue, in Corona del Mar. ZONE: C -1 -Z APPLICANT: Peter Worona, Corona del Mar OWNER: Ernest George; Corona del Mar Ms. Nancy Garapoli, owner of Hobbie Greenhouse, asked of the Commission to waive two of the required parking spaces. Commissioner Beek asked Ms. Garapoli whether or not she would like to accept the City's Conditions of Approval in Exhibit "B ". In response to Commissioner Beek's question Ms. Garapoli stated that she would accept the Conditions of Approval with the exception that Nos. 3, 10, 12, 13, and 14 be deleted altogether. Ms. Garapoli further pointed out that she does not have a nursery but a plant store. Commissioner Balalis made a motion to approve Use Permit No. 2004 for seven (7) months with the understanding that the fence would be moved back, subject to the following findings and conditions, which MOTION CARRIED: 20 MINUTFS INDEX I VViiui- TIONALLY COMMISSIONERS CALL • • H J (C N July 23, 1981 Of FINDINGS Beach 1. That the proposed outdoor sales facility is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the establishment of a chain link fence into the required ten foot rear setback area will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons working or residing in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is not consistent with the legislative intent of Title 20 of the Municipal Code. 4. That the waiver of a portion of the required offstreet parking 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 and the general welfare of the City. 5. That the approval of Use Permit No. 2004 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 and be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That development shall be in substantial conformance with the approve plot plan and floor plans, except as noted below. 2. That a minimum of three (3) off - street parking spaces shall be provided for the commercial nursery on the property in question. 21 MINUTES 0 Motion .Ayes Absent 0 7CW �+p fl 10 JC N Ic X X July 23, 1981 MINUTFS of Newport Beach 3. That the existing chainlink fence shall be removed from the public right -of -way along 5th Avenue and from within the required ten foot rear setback adjacent to the alley. . 4. That this approval shall be for a period of seven months from the date of this approval, with no extension of time permitted. 5. That outdoor commercial sales and display areas shall be limited to garden material, plants, supplies, accessories and equipment, and shall be maintained in a clean and orderly manner. 6. That building permits shall be obtained for the shade structures and the relocation of the chain link fences on the property. Request to permit the establishment of a retail commercial bakery in the C -1 District which offers take -out food items for consumption on the premises, and to waive .a portion of the required parking spaces. LOCATION: Lot 5 of Block 440, Corona del Mar, Tract, located at 3446 East Coast Highway, on the northwesterly corner of East Coast Highway and Narcissus Avenue, in Corona del Mar. ZONE: C -1 APPLICANT: C'Est Si Bon Bakery, Newport Beach OWNER: James Ray, Costa Mesa Planning Commission continued this item to the Regular Planning Commission of August 6, 1981. Request to permit the temporary use of a modular building for a San Marino Savings and Loan Branch with a drive -up teller facility in the_ C -1 -H District. 22 INDEX Item #17 USE PERMIT NOS Continued tooAAugust 6 1 81 T +cm $1R USE PERMIT N0. 2010 n Motion All Ayes • • `•J July 23, 1981 MINUTFS t V City of Newport Beach �X 1XIX LOCATION: Lots 1 and 2 of Tract No. 1210, located at 300 West Coast Highway, on the northwesterly corner of West Coast Highway and Dover Drive, across from Bayshores. ZONE: C -1 -H APPLICANT, San Marino Savings and Loan Association OWNER: Leonard Horwin and Arnold J. Gordon, Beverly Hills The public hearing opened in connection with this item and the applicant, Sam McCormick, presented his question relating to Condition No. 9. (i.e., the requirement of a parcel map to create one building site where two lots now exist). Assistant City Attorney, Bob: Burnham commented that he would review the Municipal Code to determine if there is a procedure to waive said parcel map. Commissioner Balalis questioned Mr. McCormick as to whether or not he is planning to construct a permanent building on this specific site. Mr. McCormick replied that that decision has not been determined to date. Chairman McLaughlin made a motion to continue this item to the August 6, 1981 Planning Commission meeting, which MOTION CARRIED. Request to permit the establishment of a retail candy store which offers take out food items to include candy, deserts and hot and cold drinks for consumption in an adjoining open patio area, on property in the C -1 District, and to waive the required off - street parking spaces. LOCATION: Lots 32 and 33 of Block 13, Section 4, Balboa Island Tract, located at 307 Marine Avenue on the westerly side of Marine Avenue between Balboa Avenue and North Bay Front, on Balboa Island. ZONE: C -1 23 INDEX Item #19 USE PERMIT N APPROVED CONDI- TION-OLY Motion All Ayes n U I' 1 fU July 23, 1981 -i Co y City of Newport Beach X APPLICANT: Gloria Levine, Newport Beach OWNER: June Miller, Newport Beach The public hearing opened in connection with this item and Ms. Gloria Levine, the applicant, requested approval of this proposal. There being no discussion on this item Chairman McLaughlin made a motion to approve Use Permit No. 2011, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Draft Local Coastal Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the take -out restaurant facility is similar to other commercial uses on Marine Avenue, and will not increase the traffic congestion in the area, inasmuch as the development is in a secluded courtyard not visible from Marine Avenue. 4.. The Police Department has indicated that they do not contemplate any problems. 5. That the waiver of the development standards as they pertain to off - street parking, circulation, walls, landscaping, and utilities, will be of no further detriment to adjacent properties inasmuch as the site has been developed and the structure has been in existence for many years. 6. The approval of Use Permit No. 2011 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. 24 MINUTFS INDEX COMMISSIONERS July 23, 1981 MINUTFS � R F City of Newport Beach CALL LJ • CONDITIONS. 1. That development shall be in substantial conformance with the approved plot, plan and floor plans. 2. That the development standards related to .off- street parking circulation, walls, landscaping and utility requirements are waived. 3. That the hours of operation shall be limited from.8:00 a.m. to 11:00 p.m. daily. 4. That the take -out food items to be sold in conjunction with the subject business shall be limited to candy, baked goods, ice creams, other similar desserts, and hot and cold drinks. 5. That all trash areas shall be screened from Marine Avenue, from the abutting alley, and from adjoining properties. ' 6. That no more than 4 tables with 8 chairs shall be permitted in the patio area in conjunction with the approval of this application. x t Request to establish anew car sales facility in the C -1 -H District. LOCATION: Lots 14 through 17 of Tract 1210, located at 600 West Coast Highway on the northerly side of West Coast Highway across from Bayshores. ZONE: C -1 -H APPLICANT: John F. Brohman and John Rorquist, Laguna Hills OWNERS: Arnold Gordon and Leonard Horwin, Beverly Hills The public hearing opened in connection with this item and Mr. John F. Brohman, the applicant, commented Condition Nos. 10, 11, and 12, which Mr. Don Webb, City Engineer, clarified for Mr. Brohman. 25 INDEX T+cm A9n USE PERMIT N0`2011 - APPROVED CONED TIONALLY Motion All Ayes • • CO/V\ July 23, 1981 Cr 2 fl 'L 3 d City of Newport Beach IX Commissioner Thomas made a motion to approve Use Permit No. 2012 with the deletion of Condition No. 11 and replacing it with Condition No. 16, as is in the staff report on Page 4, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 2012 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. 1.. That the proposed. development shall be in substantial conformance with the approved plot plan, and floor plans. 2. That a landscape shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall consist of minimum 15 gallon sized trees (i.e., palm trees or similar types) in the existing planters along West Coast Highway. Furthermore, landscaped planters shall be provided along the existing wrought iron fence fronting on West Coast Highway. Said landscaping shall be continuously maintained. 3. That all mechanical equipment and trash areas shall be screened from adjoining properties and from West Coast Highway. 26 MINUTFS INDEX COMMISSIONERS July 23, 1981 �Cm �D I3 City of Newport Beach VV CALL 27 MINUTES INDEX 4. That the illumination of any open automobile display area shall be maintained in such a manner as to eliminate direct light and glare on adjoining properties and from West Coast Highway. A timing device shall turn off any lights facing towards the bluff at the rear of the site at 10:00 p.m. every night. 5. That the parking lot shall be restriped with approved traffic markers or painted white lines not less than 4 inches wide. 6. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code (The Sign Code). 7. The applicant shall provide for weekly vacuum sweeping of all paved parking areas and drives: 8. That the subject lots be held in common during the life of the applicant's lease and that severance of the lots shall constitute • termination of this Use Permit. 9. That all public improvements be constructed as required by Ordinance and the Public Works Department. 10. That prior to the issuance of the use permit, the applicant shall dedicate to the City for street and highway purposes his leasehold interests in a 12- foot -wide strip of land adjacent to West. Coast Highway and across the West Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway. 11. That an 8' t section of displaced concrete curb be replaced on each side of the existing catch basin on West Coast Highway. 12. That a standard use permit agreement and accompanying surety be provided in order to guarantee the satisfactory completion of the public improvements if it is desired to obtain the use permit or occupancy prior to completion of the public improvements. • 13. That Use Permit No. 1940 shall become null and void in conjunction with the approval of this 27 MINUTES INDEX July 23, 1981 MINUTES N: City of Newport Beach Motion X Ayes X X Y X X X Absent Motion X All Ayes X X X XXXX1 i1 L_I application. Furthermore, all existing spa units shall be removed from the property prior to the operation of the. automobile sales facility. 14. That the approval of this application is for automobile sales only. No servicing or major repairs of automobiles shall be permitted on -site, unless an amended use permit is approved by the Planning Commission. Request to consider proposed revisions to the Housing Element of the Newport Beach General Plan. INITIATED BY: The City of Newport Beach Planning Commission continued this item to the Regular Planning Commission meeting of August b, 1981. r :. l ADDITIONAL BUSINESS: Chairman McLaughlin made a motion to reinstate Study Sessions as needed, which MOTION CARRIED. The joint meeting of the Planning Commission and the City Council on Monday, July 27, 1981 at 2:00 p.m. was discussed. The Planning Commission adjourned at 10:20 p.m. � * r go Joan Winburn, Secretary Planning Commission City of Newport Beach INDEX Item #21 1HOUSING ELEMENT Continued to August 681