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HomeMy WebLinkAbout07/23/1987COMMISSIONERS �y goy CC � o 9� REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: July 23, 1987 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Present x I N x x Commissioner Pomeroy was absent. Motion was made to Absent x x excuse Commissioner Pomeroy from the subject Planning Commission Meeting. Motion voted on, MOTION CARRIED. Motion x • • • Ayes x x y N N x Absent x EX- OFFICIO OFFICERS PRESENT: James Hewicker, Planning Director Carol Korade, Assistant City Attorney +t x x William Laycock, Current Planning Administrator Rich Edmonston, City Traffic Engineer Dee Edwards, Secretary � * t Minutes of July 9, 1987: Minutes of 7 -9 -87 Motion was made to approve the July 9, 1987, Planning x Commission Minutes. Motion voted on, MOTION CARRIED. Ay� x x x x x x Absent x Public Comments: Public Comments No persons came forth to speak on non - agenda items. • r • Posting of the Agenda: Posting of the Agenda Planning Director James Hewicker stated that the Planning Commission Agenda was posted on Friday, July 17, 1987, in front of City Hall. Request for Continuances: ; Request for Continuance James Hewicker, Planning Director, stated that either the applicants or staff have requested the following continuances: Item No. 1 - General Plan Amendment No. 87- 1(E) (1) regarding the deletion of the MacArthur Boulevard /Avocado Avenue One -Way Couplet to be continued to the Planning Commission Meeting of August 6, 1987; Item No. 2 - Use Permit No. 1600 (Amended) regarding the expansion of the Rusty Pelican Restaurant COMMISSIONERS MINUTES � 9 f q q l v n y o � 19 y x July 23, 1987 Nx\_" oi ` y CITY OF NEWPORT BEACH ROLL CALL INDEX located at 2735 West Coast Highway, Item No. 3 - Use Permit No. 1738 (Amended) regarding the expansion of a restaurant located at 3412 Via Oporto, and Item No. 4 - Use Permit No. 3275 regarding the use of food carts and an outdoor flower stand in Lido Marina Village to be continued to the August 20, 1987, Planning Commission Meeting; Item No. 5 - Resubdivision No. 851 regarding an existing parcel located at 2218 - 22nd Street, Item No. 6 - Use Permit No. 3237 (Amended) regarding alterations and additions to a building located at 1535 Monrovia Avenue, Item No. 7 - Use Permit No. 3280 regarding a take -out window at an existing Carl's Jr. Restaurant located at 3101 Newport 'Boulevard, and Item No. 8 - Use Permit No. 3284 regarding a take -out restaurant located at 3423 Via Lido to be continued to the August 6, 1987, Planning Commission Meeting. . Motion x Motion was made to continue Item No. 1 to the August 6, Ayes x - x x x x X 1987, Planning Commission Meeting; Items No. 2, No. 3, Absent x and No. 4 to the August 20, 1987, Planning Commission Meeting; and Items No. 5, No. 6, No. 7, and No. 8 to the August 6, 1987, Planning Commission Meeting. Motion voted on, MOTION CARRIED. x x General Plan Amendment No. 87 -1 (E)(1) (Public Hearing) It No.l Consideration of amendments to the Circulation Element GPA 87 -1(E) of the Newport Beach General Plan so as to delete the' (1) MacArthur Boulevard /Avocado Avenue One -Way Couplet from the City's Master Plan of Streets and Highways, desig- Continued nate MacArthur Boulevard as a Major Arterial roadway to.8 -6 -87 westerly of the existing alignment, and designation of Avocado Avenue southerly of San Miguel Drive as a - Secondary Arterial roadway. INITIATED BY:. The City of Newport Beach - James Hewicker, Planning Director, stated that staff has recommended that this item be continued to the Planning Commission meeting of August 6, 1987. - Motion x Motion was made to continue said item to the August 6, Ayes x x x x x x 1987, Planning Commission meeting. Motion voted on, x MOTION CARRIED: _ �t r • r -2- COMMISSIONERS MINUTES A �•�M July 23, 1987 y t^0O N B BG 9N 9�'?p 9,y'Sk qy CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 1600 (Amended)(Continued Public Hearing) Item No.2 Request to amend a previously approved use permit which UP1600(A) permitted the addition of live entertainment to the Rusty Pelican Restaurant with alcoholic beverages on Continued property located in the Mariner's Mile Specific Plan to 8 -20 -87 Area. The proposed amendment includes a request to expand the "net public area" of the restaurant by enclosing an existing deck which will be used for dining purposes and a request to waive a portion of the required off - street parking spaces. The proposal also includes a modification to the Zoning Code so as to permit the use of compact and tandem parking spaces in conjunction with a full time valet parking service. LOCATION: A portion of Lot H, Tract No. 919, located at 2735 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: Raygal, Inc., Irvine OWNER: Elizabeth T. Winckler Trust, Monte Sereno James Hewicker, Planning Director, stated that the applicant has requested that this item be continued to the Planning Commission meeting of August 20, 1987: Motion Motion was made to continue said item to the August 20, Ayes x x x x x x x 1987, Planning Commission meeting. Motion voted on, Absent x MOTION CARRIED. R k R • -3- COMMISSIONERS G� K , y ( `$9Z CITY OF NEWPORT BEACH MINUTES July 23, 1987 ROLL CALL INDEX Use Permit No. 1738 (Amended)(Continued Public Hearing) Item No.3 Request to amend a previously approved use permit that UP1738(A) permitted the establishment of a take -out bakery - restaurant facility on property located in the C -1 -H Continued District. Said approval also included a waiver of a to 8 -20 -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 No. 1 of Parcel Map 59 -17 (Resubdivision 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 James Hewicker, Planning Director, stated that staff has recommended that said item be continued to the August 20, 1987, Planning Commission meeting. Motion x Motion was made to continue subject item to the August Ayes x x x x x x 20, 1987, Planning Commission meeting. Motion voted Absent x on, MOTION CARRIED. * x rr Use Permit No. 3275 (Continued Public Hearing) _ Item No.4 Request to permit the use of various outdoor portable. UP3275 food carts and an outdoor flower stand within private areas of Lido Marina Village. The proposal also Continued includes a modification to the Zoning Code so as to to 8 -20 -87 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 -4- COMMISSIONERS q .p_ �� fO OJ14Mm dh9� CITY OF NEWPORT BEACH MINUTES July 23, 1987 ROL CALL INDEX APPLICANT: Traweek Investment, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that staff has recommended that said item be continued to the August 20, 1987, Planning Commission meeting. Motion x Motion was made to continue the subject item to the Ayes x x X X x K August 20, 1987, Planning Commission meeting. Motion Absent x voted on, MOTION CARRIED. x x x Resubdivision No. 851 (Public Hearing) Item No.5 R851 Request to resubdivide an existing parcel of land into two parcels for single family residential purposes on — property located in the R -1 District. The proposal Continued also includes a modification to the Zoning Code so as -6 to 8 -87 to allow an existing detached two car garage on Parcel No. 2 to encroach to the rear property line where the Code requires a 10 foot rear yard setback. Said garage will also encroach to within 6 feet of the front property line of the adjoining Parcel No. 1 where the Code requires that accessory buildings shall not project beyond the 20 foot front yard setback on said adjoining lot. LOCATION: A portion of Lot 298, Newport Heights, located at 2218 22nd Street on the northeasterly side of 22nd street between Centella Place and Irvine Avenue. ZONE: R -1 APPLICANT: Martha Webb, Newport Beach OWNER: Same as applicant ENGINEER: Ron Miedema, Costa Mesa James Hewicker, Planning Director, stated that staff has recommended that the subject item be continued to the August 6, 1987, Planning Commission meeting. X Motion was made to continue said item to the August 6,. Ayes x x x x x x 1987, Planning Commission meeting. Motion voted on, Absent x MOTION CARRIED. x x x _5_ COMMISSIONERS MINUTES a 00% QNdn� July 23, 1987 y'2` q� CITY OF NEWPORT BEACH ROLL CALL INDEX Use Permit No. 3237 (Amended) (Public Hearing) Item N0.6 UP3237(A) Request to amend a previously approved use permit which permitted alterations and additions to an existing architectural office on property located in the Un- Continued classified District. The proposed amendment involves a to 8 -6 -87 request to make further alterations and additions which will expand the interior office space of the building. The proposal also includes a modification to the Zoning Code so as to permit the use of compact parking spaces within the existing on -site parking area. LOCATION: A portion of Lot 1015, First Addition to the Newport Mesa Tract, located at 1535 Monrovia Avenue on the westerly side of Monrovia Avenue, between 15th Street and Production Place in the west Newport Triangle Area. ZONE: Unclassified APPLICANT: Craig Combs Associates, Newport Beach OWNER: Same as applicant James Hewicker, Planning Director, stated that staff has recommended that the subject item be continued to the August 6, 1987, Planning Commission meeting. Motion x Motion was made to continue said item to the August 6, Ayes x x x x x x 1987, Planning Commission meeting. Motion voted on,' Absent x MOTION CARRIED. - - * er Use Permit No. 3280 (Continued Public Hearing) Item No.7 Request to install a take -out window for hot dogs and soft drinks only at an existing Carl's Jr. Restaurant UP3280 facility on property located in the Cannery Village/MC- Fadden Square Specific Plan Area. The proposal also Continued includes a request to waive the additional required to 8 -6 -87 off - street parking space. LOCATION: Parcels No. 1, 2, and 3, Record of Survey located at 3101 Newport Boulevardrd, , on the southwesterly corner of 32nd Street and Newport Boulevard in the Lucky's Market Shopping Center. -6- COMMISSIONERS MINUTES July 23, 1987 �y `- y CITY OF NEWPORT BEACH ROLL CALL INDEX ZONE: SP -6 - APPLICANT: Carl Karcher Enterprises, Inc., Anaheim OWNER: William J. Cagney, Newport Beach James Hewicker, Planning Director, stated that the applicant has requested that the subject item be continued to the August 6, 1987, Planning Commission meeting. Motion x Motion was made to continue said item to the August 6, Ayes, x x I x x Y 1987, Planning Commission meeting. Motion voted on, Absent x MOTION CARRIED. x rr +e Use Permit No. 3284 (Public Hearing) Item No.8 Request to establish a take -out restaurant facility with on -sale beer and wine and seating on the inside of UP 3284 the restaurant building and outside in a common court- Continued yard, on property located in Via Lido Plaza in the to 8 -6 -87 C -1 -H District. The proposal also includes a request to waive a portion of the required off - street parking spaces. LOCATION: Parcel No. 1 of Parcel Map 85 -1 (Resubdivision No. 516), located at 3423 Via Lido, on the southerly side of Via Lido between Newport Boulevard and - Via Oporto in Via Lido Plaza. ZONE: C -1 -H ' APPLICANT: Rocko's Cuisine of Lido, Inc., and the Fritz Duda Co., Balboa Island OWNER: Newport Via Lido Associates, Orange James Hewicker, Planning Director, stated that the _ applicants have requested that the subject item be continued to the August 6, 1987, Planning Commission meeting. on x Motion was made to continue said item to the August 6;- x x x x x x 1987, Planning Commission meeting. Motion voted on, t x MOTION CARRIED. x a -7- COMMISSIONERS MINUTES July 23, 1987 Ia \� CITY OF NEWPORT BEACH ' ROLL CALL INDEX Use Permit No. 3285 (Public Hearing) Item No.9 Request to permit the establishment of a retail sales UP3285 facility specializing in the sale and installation of automobile accessories on property located in the C -1 -H Approved 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: Rick E. Racer, Ltd., Newport Beach OWNER: Deeb Investments, Inc., Toluca Lake The public hearing was opened in connection with this • item,. and Mr. Douglas R. Rein, 10191 Imperial Avenue,, Garden Grove, appeared before the Planning Commission on behalf of the applicant. Mr. Rein stated that the applicant concurs with the findings and conditions contained in Exhibit "A ". In response to questions posed by Commissioner Koppelman, Mr. Rein advised that the sale and installation of stereos, automobile alarms, window. tinting and assorted automobile accessories will be available at the facility. He further commented that automobiles will not be rinsed or washed off on the site. 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. 3285 subject Ayes x x to the findings and conditions in Exhibit "A ". Motion' Absent x voted on, MOTION CARRIED. FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with existing and proposed land uses in the surrounding area. 2. Adequate parking has been provided for the pro- posed development. -B- COMMISSIONERS MINUTES y ��oaNQr0 July 23, 1987 9� CITY OF NEWPORT BEACH ROL. CALL INDEX 3. The project will not have any significant environ- mental impact. 4. The approval of Use Permit No. 3285 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 plan and elevations. 2. That all installation, sales, and other activities shall be contained within the building. • 3. That the facility shall not be open for business prior to 8:00 a.m. or after 6:00 p.m. 4. That no sound systems shall be tested or utilized outdoors. 5. That a minimum of 13 parking spaces shall be available for customers and employees of the facility. 6. That all employees shall park on -site at all times. 7. That all trash areas shall be screened from West Coast Highway and adjoining properties. S. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. 9. That prior to occupancy, the applicant's interest in the 12 feet of right -of -way needed to widen West Coast Highway to Master Plan standards be dedicated to the City. The applicant's use of property would not be affected until such time as the City acquires the underlying fee to the property and widens the highway. -9- COMMISSIONERS MINUTES Z �� -July 23, -1987 BG 9N 99 �A 9 9f� - "y °y c�° qy CITY OF NEWPORT BEACH ROL 7CALL INDEX 10. That the Planning Commission may add to or modify conditions of approval of this use permit, or recommend to the City Council the revocation of this use permit, upon a determination the 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. 11. 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. r s Amendment No. 651 (Continued Public Hearing) Item No.10 A651 Request to amend the Planned Community Development Standards for Area 10 of the Big Canyon Planned Commu- nity so as to amend the front, side and rear yard (Resolution No. 1160 setback requirements for residential dwellings and garages and to delete the provision for the establish- ment of setbacks in conjunction with the approval of a Approved tentative tract map; and the acceptance of an environ- mental document. a 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 The public hearing was opened in connection with this item, and Mr. David Dmohowski appeared before the Planning Commission on behalf of the applicant. Mr. Dmohowski stated that the applicant concurs with the recommendations as suggested by staff. There being no others desiring to appear and be heard, the public hearing was closed at this time. r I I I I I I I I -10- I COMMISSIONERS q� CITY OF NEWPORT BEACH MINUTES July 23, 1987 ROLL CALL INDEX Motion K Motion was made to approve Amendment No. 651 Ayes x x K K K K (Resolution No. 1160) and to recommend to the City Absent x Council the approval of said Amendment. Motion voted on, MOTION CARRIED. x � • Variance No. 1141 (Continued Public Hearing) Item No.11 Request to permit the alterations and additions to an V1141 existing single family dwelling which will exceed 1.5 times the buildable area of the site on property Denied 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 and one foot into a required 4 foot side yard setback. LOCATION: Lots 1 and 2, Block C33, Corona del Mar, located at 2889 Way Lane, on the northwesterly side of Way Lane between Shell Street and Newport Bay in China Cove. ZONE: R -1 APPLICANT: Harry R. Eberlin, Corona del Mar OWNER: Same as applicant Commissioner Koppelman inquired if the addition. would be large enough for a garage space with the requested side yard encroachment but with the development not exceeding the allowable 1.5 times the buildable area? William Laycock, Current Planning Administrator, replied that an additional 191 square feet of floor area could be added to the existing structure without exceeding the permitted buildable area, which is. adequate square footage for an additional garage space. James Hewicker, Planning Director, explained the dimensions that the 191 square feet would have to maintain in order to provide an additional parking space. The public hearing was opened in connection with this item, and Mr. Keith Hubbs appeared before the Planning Commission on behalf of the applicant. In reference to the three findings that must be established to grant a -11- COMMISSIONERS MINUTES A_k'�.GAw\ \S\ %\ July 23, 1987 I4k CITY OF NEWPORT BEACH ' ROL CALL I I I I I I I I INDEX variance, Mr. Hubbs stated that because the public stairway from Ocean Boulevard to China Cove comes down to the applicant's residential property., there is a hazardous condition to the applicant's valuable automobiles; the applicant's residence on Way Lane is located at the dead -end of Way Lane and does not appear to be patrolled by the Police Department; that because the applicant's valuable automobiles are subject to vandalism he has to store some of his automobiles in a warehouse in San Bernadino. Mr. Hubbs pointed out that the variance approval would not be detrimental to the adjacent neighbors because the subject site is located in an isolated area of China Cove. Mr. Hubbs emphasized that the applicant is attempting to protect his valuable automobiles by enclosing said automobiles in a garage. Mr. Hubbs compared the requested buildable area of the subject variance with previously approved variances in the area, and he pointed out that the request is less than previously approved buildable areas. Mr. Hubbs stated that the five foot wide easement on the adjoining property may be used by the applicant for parking purposes, and he pointed out properties within China Cove that have setbacks less than six feet between buildings on separate lots. Mr. Hubbs concluded that the applicant would support the findings and conditions for approval of the subject variance and side encroachments as stated in Exhibit. .1c". Chairman Person stated that the Planning Commission is not bound by any precedent. He advised that the variances granted in China Cove by the Planning Commission were distinguishable from the subject variance because those lots were considerably smaller than the subject 5,420± square foot lot. Mr. Hubbs rebutted that the applicant's concern is the location of the public walkway in relation to the applicant's automobiles. In response to questions posed by Commissioner Debay regarding the need for a garage to house more than five automobiles, Mr. Hubbs replied that the applicant is in the automobile supply business, and he also collects automobiles as a hobby. Commissioner Merrill and Mr. Hubbs discussed the'. circulation system and the available parking on Way Lane. -12- COMMISSIONERS 0' mG 9N �9 A 9 FY, CITY OF NEWPORT BEACH MINUTES July 23, 1987 ROL CALL INDEX Mr. Hewicker pointed out that the zoning regulations would allow a six foot high fence or a wall to be constructed across the rear property line and across the side property line which would allow the automobiles to be secured in a blocked off parking area. Mr. Hubbs rebutted that the applicant's valuable automobiles would not be protected from vandalism by a fence or wall. In response to questions posed by Commissioner Winburn, Mr. Hubbs maintained that the applicant only parks his automobiles in his garage, and that his house guests park their automobiles outside of the garage area. He further stated that the public park automobiles in the area adjacent to the applicant's property and walk up the public stairway. In response to a question posed by Commissioner Di_sano regarding the quantity of gasoline that would be stored in the parked automobiles, Mr. Hubbs replied that the amount of gasoline would be the amount Ferrari • automobiles contain. In further response, he said that in addition to the approximate five automobiles that would be parked in the garage, the applicant is also requesting guest garage space. Mr. Gordon Hally, 2733 Shell Street and adjoining neighbor, appeared before the Planning Commission in opposition to the subject variance. In reference to the three findings necessary to grant a variance, Mr. Hally presented the following rebuttal: the applicant has as much covered parking space as any China Cove property owner plus he has open off - street parking; the applicant is not being deprived of property rights that other people in the neighborhood enjoy; that because the applicant is a collector of expensive automobiles that have to be warehoused does not create a situation where the property rights are being. infringed upon; and the five feet between the proposed building encroachment and Mr. Rally's building could create a fire hazard and could impede emergency equipment. Mrs. Jill Hally, 2733 Shell Street, appeared before the Planning Commission to state her concerns regarding the safety and protection of the neighbors as opposed to . the applicant's automobiles. There being no others desiring to appear and be heard,. the public hearing was closed at this time. -13- COMMISSIONERS MINUTES July 23, 1987 q� CITY OF NEWPORT BEACH ROLL CALL INDEX The public hearing was reopened, and Mr. Hubbs reappeared before the Planning Commission. His rebuttal to the previous statements pointed out that the majority of the homes in China Cove are six feet apart; the Fire Department informed him that the majority of the fires are started by smokers, matches, or electrical accidents and that the garages where fires are started are generally used for repair work; and that the applicant does not repair automobiles in his garage. In reference to Exhibit "B ", to approve the variance and side yard encroachment, and deny the rear yard encroachment, Commissioner Debay inquired if the applicant would approve those findings and conditions. Mr. Hubbs explained that said findings and conditions would not allow an adequate turning radius for vehicles. Chairman Person inquired if the conditions in Exhibits "A ", "B ", or "C" were imposed upon, would the applicant • agree to abide by those conditions. Mr. Hubbs replied that the applicant would only agree to Exhibit "C" The public hearing was closed at this time. Commissioner Winburn referred to Finding No. 2 of Exhibit "A" and the reference to the existing residence containing 4,780 square feet of living area, and Mr.. Laycock explained that the existing garage area contains approximately 1,000 square feet of floor area, so that the existing residence contains 5,784± square feet of gross floor area. Commissioner Debay commented that the previously approved variances granted in China Cove have been granted for living area space. Commissioner Koppelman stated that the previously approved variances contained one -third the size of the subject lot with the exception of the property on Shell' Street where the China House presently exists, and the requested variance to exceed the 1.5 Floor Area Ratio was subsequently denied by the Planning Commission and upheld by the City Council. Commissioner Koppelman stated that she was concerned with the neighbors' statements and the Fire Department's remarks regarding . the access of emergency vehicles; however, she also -14- COMMISSIONERS MINUTES Z F'���m��B July 23, 1987 9�99'��y�y, y y << 9y CITY OF NEWPORT BEACH ROLL CALL INDEX voiced a concern regarding the applicant's desire to protect his automobiles. Commissioner Koppelman suggested that the applicant could construct a security gate to protect his automobiles. Motion was made to deny Variance No. 1141 and rear yard Motion K encroachment and the findings and conditions of Ayes x x K K K K approval for a modification to permit a side yard Absent x encroachment as contained in Exhibit "A ". Commissioner Merrill stated his concern regarding the loss of open parking spaces on Way Lane. Motion voted on as aforementioned; MOTION CARRIED. FINDINGS: - 1. That there are no 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 on the other lots in China Cove. 2. That the granting of a variance to allow the structure. to exceed the permitted floor area is not necessary for the preservation and enjoyment of substantial property rights of the applicant, inasmuch as it is possible to construct a single family dwelling on the site that does conform to the permitted buildable area set forth in. the Municipal Code. Furthermore, the existing resi- dence contains 4,780± sq.ft. of living area, which is more than adequate. 3. That the establishment, maintenance, and operation of the.use, property, and building will, under the circumstances of the particular case, be detri- mental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City. 4. That the proposed side yard encroachment is consistent with existing development on the site previously approved by the City Council, and the approval of the requested encroachment will not, -15- COMMISSIONERS S AF $��OOiPO�A AGPy' ��oy�CC � o CITY OF NEWPORT BEACH MINUTES July 23, 1987 ROL CALL INDEX 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 improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 5. That the proposed rear yard encroachment may cause potential problems with access to the site by emergency equipment, and will further restrict vehicular maneuverability on Way Lane. Therefore, the proposed encroachment will, under the circum- stances 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 and be detri- mental or injurious to property and improvements in the neighborhood and the general welfare of the City and further that the proposed modification is not consistent with the legislative intent of Title 20 of this Code. CONDITIONS: -- 1. That the proposed addition shall be redesigned so that the gross structural area of the residence shall not exceed the permitted 1.5 times the buildable area of the site (5,975± sq.ft.) 2. That a one foot encroachment into the 4 foot interior side yard setback shall be permitted; but that the required 10 foot rear yard setback shall' be maintained. 3. That vehicular access to the proposed garage addition shall be approved by the City Traffic.. Engineer and the Planning Department. t x x • -16- COMMISSIONERS MINUTES yq d�ind�m July 23, 1987 mG 9� �y qq 9 9x 9y <dy ff � o qi CITY OF NEWPORT BEACH ROL CALL INDEX A D D I T I 0 N A L B U S I N E S S: Additional Motion x Motion was made to excuse Commissioner Koppelman from Business Ayes x x K K K K the Planning Commission meeting of Auguste 6, 1987. Koppelman Absent x Motion voted on, MOTION CARRIED. Excused • * x A D J O U R N M E N T: 8:15 P.M. Adjournment r * x JAN DEBAY, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -17-