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Home My WebLink About07/24/1986COMMISSIONERS \rovi O REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: July 24, 1986 CITY OF NEWPORT BEACH MINUTES ROL ALL INDEX Present x x x x x x Commissioner Person was absent. Absent x * k * EX- OFFICIO MEMBERS PRESENT: Carol Korade, Assistant City Attorney * k x William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator W. William Ward, Senior Planner _ Donald Webb, City Engineer Dee Edwards, Secretary • Minutes of July 10, 1986: Minutes of Motion x Motion was made to approve the July 10, 1986, Planning 7 -10 -86 Ayes X x x x x x Commission Minutes. Motion voted on, MOTION CARRIED. Absent x * * * Request for Continuances: Request for William Laycock, Current Planning Administrator, stated that the applicant, Piero Serra, requested that Item Continuance No. 2, Resubdivision No. 833,.regarding 115 -117 - 23rd Street, be continued to August 21, 1986; that the applicant, Edwards Theatres, requested that Item No. 4, Use Permit No. 1527 (Amended) and Traffic Study, be continued to August 21, 1986; and that the applicant, Milano's Pizza Restaurant, requested that Item No. 7, Use Permit No. 3205, be continued to August 21, 1986. Motion x Motion was made to continue Item No. 2, Resubdivision Ayes x x x x x x No. 833, Item No. 4, Use Permit No. 1527 (Amended) and Absent x Traffic Study, and Item No. 7, Use Permit No. 3205 to the August 21, 1986, Planning Commission Meeting. Motion voted on, MOTION CARRIED. k * * COMMISS440NERS \0101 CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX Exception Permit No. 22 (Discussion) Item No.l Request to permit the installation of two-temporary EP22 signs which exceed the size and number permitted on a building site located in the C -O -H District. Approved LOCATION: A portion of Lot 17, Tract No. 6015, located at 1101 Newport Center Drive West, on the northerly side of Newport Center Drive West, between Santa Barbara Drive and Newport Center Drive, in Fashion Island. ZONE: C -0 -H APPLICANT: The Irvine Company, Newport Beach OWNER: Same as applicant William Laycock, Current Planning Administrator, commented that the applicant has installed four temporary signs on each corner of the parking lot chain link fence instead of the two temporary signs that the applicant had requested. Mr. Laycock said that staff does not have any objections to the four signs because the signs are small and insignificant. No one appeared before the Planning Commission to represent the applicant. In response to questions posed by Chairman Turner and Commissioner Koppelman, Mr. Laycock replied that the Planning Commission could impose a condition that would require the applicant to remove the two illegal signs. In response to a question posed by Commissioner Kurlander, Mr. Laycock replied that because the application is a Discussion item that does not require a public notice, the Planning Commission could approve the four signs even though the applicant only requested approval of two signs. Motion x. Motion was made to approve Exception Permit No. 22, Ayes Z x - x x x x subject to the findings and conditions in Exhibit "A ^, Absent x including that the applicant be permitted to install four temporary signs. Motion voted on, MOTION CARRIED. • -2- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH FINDINGS: 1. That the proposed signs will be compatible with surrounding land uses. 2. That the proposed signs will not have any signifi- cant environmental impact. 3. The proposed signage and graphics are consistent with the character and design of the Fashion Island Shopping Center. 4. That the.proposed signs are intended to be tempo- rary in nature. 5. That the granting of this exception permit will not be contrary to the purpose of Chapter 20.06 of the Municipal Code, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neigh- borhood, or detrimental or injurious to property • 11111111 or improvements in the neighborhood, or to the general welfare of the City. • CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan and elevation. 2. That the applicant shall obtain building permits for the four approved signs. 3. That the proposed signs shall be removed within 24 months of the date of installation or within 30 days after the completion of the proposed parking structure, whichever date comes first, unless an extension is approved by the Modifications Commit- tee. 4. That the signs shall comply with Standard Drawing 110 -L and shall be subject to the further review and approval of the City Traffic Engineer. -3- INDEX COMMISSIONERS 0 ;yti F9 >y CITY OF NEWPORT BEACH MINUTES July 24, 1986 R. ALL INDEX Resubdivision No. 833 (Public Hearing) Item N0.2 Request to resubdivide four existing lots into one R833 parcel for future commercial development and one parcel — which contains existing legal, nonconforming residen- tial uses in the SP -6 District. The proposal also Continued includes an exception to the Subdivision Code inasmuch to 8 -21 -86 as Parcel No. 1 is less than 50 feet in width and less than 5,000 sq.ft. in area. LOCATION: Lots 25 -28, Block 23, Newport Beach, located at 115 -117 23rd Street, on the westerly side of 23rd Street, between West Balboa Boulevard and West Ocean Front, in the McFadden Square area. ZONE: SP -6 _ APPLICANT: Piero Serra, Corona del Mar Motion x Motion was made to continue this item to the Planning x x x x x Commission meeting of August 21, 1986. Motion voted X on, MOTION CARRIED. A. Use Permit No. 1421 (Amended) (Public Hearing) Item No.3 Request to amend a.previously approved use permit which allowed the expansion of the Hoag Memorial Hospital and UP1421A PH UP1421A Rev the approval of a temporary facility for a Magnetic Resonance Imaging Unit. The proposed amendment inc- ludes a request to establish a second temporary struc- Approved ture within an existing parking lot which will also be used for a Magnetic Resonance Imaging Unit. AND B. Use Permit No. 1421 (Amended) (Review) (Discussion) Request to review on -site parking requirements in accordance with Condition of Approval No. 4 of Use Permit No. 1421 (Amended) which was approved by the Planning Commission on April 18, 1985 and which permit- ted the original temporary MRI Unit. Said review will be for the purpose of establishing a parking require- ment for the hospital facility, based on a demonstrated formula. Also included is a request to consider an extension of time for the previously approved temporary MRI facility. -4- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX LOCATION: Parcel No. 1 of Record of Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. ZONE: A -P -H APPLICANT:, Hoag Memorial Hospital Presbyterian, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Mr. F. W. Evins, appeared before the Planning Commission on behalf of the applicant. Mr. Evins explained the need for the subject temporary facility, and he said that the permanent structure should be completed during the Spring of 1987. Mr. Evins requested that the 21 day appeal period be waived because there is currently a two week patient backlog for the temporary MRI facility. Ms. Carol Korade, Assistant City Attorney, stated that the applicant could obtain a Hold Harmless Agreement from the City Attorney's office stating that if the subject application is appealed and denied by the City Council, that the applicant would remove any improvements and restore the property back to the property's original condition. In response to questions posed by Commissioner Kurlander, Mr. Evins replied that the applicant has recently conducted a major parking study for the hospital, and that the Doctor's parking lot has been opened to the public during the evening hours and some of the parking structure has been reallocated for public use during the day. Commissioner Eichenhofer referred to Condition No. 6 stating "that the temporary MRI facilities shall be removed from the site prior to occupancy of the permanent MRI facility ", and Mr. Evins explained how there will be a period of overlap. Commissioner Eichenhofer recommended that Condition No. 6 be modified to reflect the change -over from the temporary facility to the permanent facility. 0 11111111 The public hearing was closed at this time. -5- COMMISSIONERS AG�y 9N 999f ,o S CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX Motion x Motion was made to approve Use Permit No. 1421 Ayes x x x x x x (Amended), subject to the findings and conditions in Absent x Exhibit "A ", and that Condition No. 6 be amended to state "that the change -over from the temporary facility to the permanent facility shall be at the discretion of the Planning Department." Motion voted on, 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. That adequate parking has been demonstrated to exist on the site. 3. That the project will not have any significant environmental impact. 4. That approval of this amendment to Use Permit No. 1421 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 conformance with the approved plot plan. 2. That all previous applicable conditions of approval of Use Permit No. 1421 (Amended) shall remain in effect. 3. That parking at Hoag Memorial Hospital Presbyterian shall be provided according to the following formula: 0.64 spaces per hospital bed 0.68 spaces per employee 1 space per resident doctor • 1.5 spaces per emergency room bed 4. That all parking lot striping plans and final plans for visitor use of existing employee parking shall be approved by the City's Traffic Engineer. -6- COMMISSIONERS • • MINUTES July 24, 1986 CITY OF NEWPORT BEACH 5. That adequate landscaping shall be installed to screen the temporary MRI facilities from Hospital Road. The use of potted trees shall be acceptable. 6. That the temporary MRI facilities shall be removed from the site as soon as the occupancy of the permanent MRI facility occurs. The change -over from the, temporary facilities to the permanent facility shall be at the discretion of the Planning 'Department. In the event that the permanent facility is not constructed, the temporary facilities shall be removed within one year of the date on which this use permit becomes effective, unless an extension of time is approved by the Modifications Committee. 7. 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. S. That this amendment to Use Permit No. 1421 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 � A. Use Permit No. 1527 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted an expansion of the existing Edwards Theatre complex in Newport Center located on property in the C -0 -H District. The proposed amendment includes a request to further expand the theatre so as to add two new auditoriums containing a total of 600 new seats. The proposal also includes: a modification to the Zoning Code so as to permit the use of compact parking spaces for a portion of the required off - street parking spaces; the approval of an amended off -site parking agreement; and the acceptance of an environmental document. -7- INDEX Item No.4 UP1527A Continued to 8 -21 -86 COMMISSIONERS • Motion Ayes Absent i MINUTES July 24, 1986 CITY OF NEWPORT BEACH B. Traffic Study (Public Hearing) Request to approve a revised traffic study so as to allow the construction of two additional auditoriums at the Edwards Theatre complex in Newport Center contain- ing 600 new seats. LOCATION: Parcel A of Parcel Map 25 -1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60 -36 (Resubdivision No. 454) (building site) ; and Parcel A of Parcel Map 25 -1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60 -36 (Resubdivision No. 454) (off -site parking lots) , located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, in Newport Center. ZONE: C -O -H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Motion was made to continue this item to the August 21, 1986, Planning Commission meeting. Motion voted on, MOTION CARRIED. • * x Use Permit No. 3160 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of various outdoor boat display areas and a modification to the Zoning Code to allow compact parking spaces on the subject property. The proposed amendment includes a request to modify the previous parking plan and the location and size of a portion of the outdoor display areas so as to provide additional parking for a proposed addition to the building presently occupied by West Marine Products. The proposal also includes a modification to the Zoning Code so as to allow the use of additional compact parking spaces for a portion of the required off - street parking spaces. cm INDEX Item No.5 UP3160A Approved COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX LOCATION: Parcel 1 of Parcel Map 83 -13 (Resubdivision No. 467), located at 900 West Coast Highway, on the northerly side of West Coast Highway, across the highway from the easterly end of the Balboa Bay Club. ZONE: C -1 -H APPLICANT: West Marine Products, Newport Beach OWNER: Levon Gugasian, Newport Beach William Laycock, Current Planning Administrator, referred to page 3 of the staff report and advised that . "Floor Area Ratio" should be amended to read: Proposed: .30 x Buildable Area; and page 7, 4d, should read "...in conformance with Title 24... ". I I I I I I ( I Donald Webb, City Engineer, stated that one of the tenants on -site has a sign that is within the public • right -of -way area extending between 2 1/2 feet to 4 feet onto the sidewalk area. Mr. Webb recommended that a condition be added to state "that no advertising signs or merchandise take place in the public right -of- way ". Chairman Turner opined that a condition could state that all signage be in conformance with the City's Sign Code. Mr. Laycock explained that Mr. Webb's condition states specifically the problem on the property. In response to an inquiry posed by Commissioner Winburn, Mr. Laycock commented that the applicant has chosen to display merchandise in the available parking spaces; however, the applicant will have to revise the plans because of a planned addition to the building. He pointed out that utilizing parking spaces for a display area is in violation to the zoning code and is an enforcement problem. In response to a question posed by Commissioner Merrill, Mr. Laycock replied that the existing wall sign located on the building is a permitted sign. • 11111111 The public hearing was opened in connection with this item, and Mr. Richard Everett appeared before the COMMISSIONERS �'9ytn �O 9i� qla �Z _ CITY OF NEWPORT BEACH MINUTES July 24, 1986 R., ALL INDEX Planning Commission on behalf of the applicant. In reference to Condition No. 9 regarding a minimum 12 foot setback from the West Coast Highway right -of -way, Mr. Everett stated that he was of the opinion that the requirement was an 8 foot setback. Mr. Webb replied that the Highway Circulation Element of the General Plan provides for West Coast Highway to be widened to major arterial standards on the inland side by widening West Coast Highway by 12 feet. Chairman Turner pointed out that no timetable has been established for the proposed widening of West Coast Highway. Mr. Everett commented that the applicant has conformed to the parking regulations; however, there are other tenants on the property, and he said that the aforementioned sign that is in violation will be corrected immediately. In response to a question posed by Chairman Turner, Mr. Everett replied that the applicant agrees to Condition No. 9 which states that any construction within the 12 foot setback area shall be removed at such time as West Coast Highway is widened. • Mr. Everett commented 'that there are three tenants who display boats on the site. In response to a question posed by Commissioner Koppelman regarding an amendment to Condition No. 4, Mr. Everett replied that the applicant would agree to Commissioner Koppelman's recommendation that the display areas as well as the parking plan, and vehicular circulation shall be subject to review and approval by the City Traffic Engineer. Commissioner Koppelman explained that the purpose of the amendment to Condition No. 4 would assure that there are adequate parking spaces on -site. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 3160 Ayes 2 N x x x x (Amended) subject to the findings and conditions in Absent x Exhibit "A ", including amended Condition No. 4 stating "That the proposed parking plan, display area, and pedestrian /vehicular circulation plan shall be subject to further review and approval by the City Traffic Engineer "; Condition No. 4d be corrected to read ".....in conformance with Title 24..... "; and that Condition No. 12 be added to state "that no advertising • sign or merchandise display be allowed in the public right -of- way ". Motion voted on, MOTION CARRIED. -10- COMMISSIONERS • • MINUTES July 24, 1986 CITY OF NEWPORT BEACH FINDINGS: 1. The proposed development is consistent with the General Plan, and is compatible with existing and surrounding land uses. 2. The proposed project will not have any significant environmental impact. 3. That adequate off_ street parking will be provided in conjunction with the proposed building addition and outdoor display of boats and dinghys. 4. That the proposed use of compact size parking spaces for a portion of the required off - street parking 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 approval of said compact parking spaces is consistent with the legislative intent of Title 20 of the Zoning Code. 5. That the proposed outdoor display of boats and dinghys is in keeping with the marine character of the subject property and with other marine commercial uses along West Coast Highway. 6. The approval of Use Permit No. 3160 (Amended) will not, under the circumstances of the particular 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 and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed project shall be in substantial conformance with the approved plot plan, floor plan rendering and elevations, except as noted below. -11- INDEX COMMISSIONERS Gy s 9� F CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX 2. That all previous applicable conditions of Use Permit No. 3160, approved by the Planning Commission on August 8, 1985, shall be fulfilled. 3. That a minimum of 38 parking spaces shall be provided on the subject property. 4. That -the proposed parking plan, display area, and pedestrian /vehicular circulation plan shall be subject to further review and approval by the City Traffic Engineer. Said plan shall include as a minimum the following design changes as recommended by the City Traffic Engineer: a. The driveway /parking aisle in the most easterly parking area shall be a minimum of 24 feet wide. b. The center driveway /parking aisle shall be marked in a manner acceptable to the City Traffic Engineer, designating it as a one -way drive. C. That the drive aprons be reconstructed to align with the new driveway locations and that the westerly drive be shifted westerly to straighten the alignment along the West Coast Highway frontage. All work shall be completed under an encroachment permit issued by the Public Works Department and the California Department of Transportation. The drive aprons shall be constructed per City Std -166 -L unless otherwise approved by the Public Works Department. d. That handicapped parking spaces shall be provided in conformance with Title 24 of the Uniform Building Code. 5. That a maximum of 9 compact parking spaces shall be permitted. 6. That all improvements be constructed as required by ordinance and the Public Works'Department. 7. That a standard use permit agreement and . accompanying surety be provided in order to guarantee satisfactory completion of the public -12- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. That an easement for ingress /egress be provided if access is to be provided from the adjacent parcel to the east. 9. That all new construction shall maintain a minimum setback of 12 feet from the West Coast Highway right of way, unless the property owner enters into an agreement with the City which guarantees removal of said construction within this setback area, at no cost to the City, at such time as West coast Highway is widened. This agreement shall be exercised prior to the issuance of any building permits for any construction in the 12 foot area adjacent to West Coast Highway. I I I I I 10. 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. u r� 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. 12. That no advertising sign or merchandise display shall be allowed in the public right -of -way. -13- INDEX COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH Request to consider the continued revocation procee- dings of Use Permit No. 2099 that permitted the estab- lishment of a take -out ice cream shop (Haagen Dazs) on property located in the C -1 District. This public hearing is to determine whether said use permit should be revoked for failure to comply with the requirement that the facility be closed for business by 10:00 p.m. daily. LOCATION: Lot 15, Block A, Section 4, Balboa Island, located at 332 -A Marine Avenue, on the easterly side of Marine Avenue, between Balboa Avenue and the Balboa Island Bridge, on Balboa Island. ZONE: C -1 APPLICANTS: Stephen and Lynn G. Curtis, Balboa Island OWNER: Same as applicants INITIATED BY: The City of Newport Beach The public hearing opened in connection with this item, and Lynn Curtis, applicant, appeared before the Planning Commission so that the Planning Commission could determine if the applicants have been in compliance with the requirement that the subject facility be closed at 10 :00 p.m. Ms. Betty Felling, 309 Grand Canal, appeared before the Planning Commission, and commented that the applicants have observed the 10:00 p.m. closing time; however, she stated her concerns regarding the illegal parking in the adjacent alley and the illegal sale of sandwiches at the subject facility. Mrs. Arthur Kramer, 1403 North Bayfront, appeared before the Planning Commission, and asked for an assurance that the applicants would concur with the conditions of the use permit. Chairman Turner explained that if there would be future violations to • I I I I I I I I the use permit that the Planning Commission has the recourse to bring back the use permit which could be revoked. -14- INDEX Item No.6 UP2099A No Planning Commission Action Necessary COMMISSIONERS y G �F ;t��G ��•0 n �G�y TN 99�! .p sta CITY OF NEWPORT BEACH MINUTES July 24, 1986 R, ALL INDEX Mr. Scott Guthrie, 2135 Vista Laredo, employee of Haagen Dazs ice cream shop, appeared before the Planning Commission. Mr. Guthrie stated that the employees cannot visibly see illegal parking in the alley. He further stated that the sandwiches were not prepared on -site, and that they were stored in the refrigerator prior to sale. Mr. Laycock responded that Condition No. 8 states that "other than ice cream and toppings, sales shall be limited to coffee, juices, brownies, cookies, milk, mineral water and Haagen Dazs T- shirts." Mr. Guthrie commented that the applicant has discontinued selling the sandwiches. Anne Van Genderen, 1401 North Bayfront, appeared before the Planning Commission, wherein she referred to her letter dated July 21, 1986, to the Planning Commission. She said that the applicants have been complying with the closing hours; however, she stated her concerns regarding the trash, traffic in the adjacent alley, and delivery trucks parking in the alley early in the morning. The public hearing was closed at this time. Commissioner Winburn stated that she was satisfied by testimony that the applicants have been complying with the 10:00 p.m. closing hour. She read Condition No. 14 which has been added to the conditions of the use permit, as follows: "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 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. Commissioner Winburn advised the applicant to notify the delivery truck drivers not to park in the red zone in the adjacent alley. Commissioner Winburn stated that she has determined that the applicant has conformed to the original conditions of approval. Chairman Turner commented that the applicants have made an effort to comply with the conditions of the use permit; the congested area on Marine Avenue takes the cooperation of the businesses and the public; and that if the delivery truck drivers do not comply with the "no parking" restrictions that the Police Department, could be called by the applicants. Chairman Turner stated that no Planning Commission action is necessary. -15- COMMISSIONERS Motion 0 CITY OF NEWPORT BEACH Use Permit No. 3205 (Continued Public Hearing) MINUTES July 24, 1986 INDEX Item No.7 Request to establish a restaurant with on -sale beer and wine on the Fun Zone property in the C -1 District, and to waive a portion of the required off - street parking spaces. LOCATION Parcel 1 of Parcel Map 82 -706 (Resubdivision No. 724), located at 600 Edgewater Place, bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay, in Central Balboa. ZONE: C -1 APPLICANT: Milano's Pizza Restaurant Balboa, Inc., Newport Beach OWNER: Balboa Fun Zone, Ltd., Newport Beach Motion was made to continue this item to the Planning Commission meeting of August 21, 1986. Motion voted on, MOTION CARRIED. Use Permit No. 3214 (Continued Public Hearing) Request to establish a restaurant with incidental service of on -sale alcoholic beverages on property located in the Koll Center Newport Planned Community. LOCATION: Parcel 3 of Parcel Map 84 -716 (Resubdivision No. 786), located at 4695 MacArthur Court, within a portion of the block bounded by MacArthur Boulevard, Birch Street, Campus Drive and Von Karman Avenue, in the Koll Center Newport Planned Community. ZONE: P -C APPLICANT: The Irvine Company, Newport Beach OWNER: - Same as applicant • The public hearing was opened in connection with this item, and Ms. Allison McGuire appeared before the Planning Commission on behalf of the applicant. Ms. McGuire . stated that the applicant concurs with the -16- UP3205 Continued to 8 -21 -86 Item No.8 UP 3214 Approved COMMISSIONERS G4Py 9N 999 ,a y Ah �� 7y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX findings and conditions in Exhibit "A "; however, she inquired as to the purpose of Condition No. 6 which states "that a trash compactor shall be installed in the restaurant facility." Chairman Turner responded that the Planning Commission has been requesting that restaurants install trash compactors, unless there is an alternative means, so that there will be less debris surrounding the area. Ms. McGuire commented that there is concern regarding the heavy .weight of the garbage, and the contaminated food left in the trash compactor. She located and described the trash compactor and trash enclosure on the project site for the utilization of the North Tower, which would be available and adjacent to the subject restaurant. The public hearing was closed at this time. Chairman Turner commented that inasmuch as the restaurant has access to a common trash compactor on the subject property, Condition No. 6 is not necessary, and that Condition No. 12 would allow the Planning Commission to bring back the use permit if there would be debris surrounding the restaurant area. Motion x Motion was made to approve Use Permit No. 3214 subject Ayes x- x x x x to the findings and conditions in Exhibit "A ", and to Absent x delete Condition No. 6. 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 environ- mental impact. 3. That adequate parking exists to serve the project. 4. That the Police Department does not anticipate any problems with the proposed restaurant facility. 5. That the waiver of the development standards as they pertain to walls, landscaping, utilities, and parking lot illumination will not be detrimental . to adjoining properties. 6. The approval of Use Permit No. 3214, under the circumstances of this case, will not be detri- mental to. the health, safety,peace, morals, -17- COMMISSIONERS y4n GE'i^GG n d9 99PA'f G�y� NO Pik Ate �y y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX 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. 2. That 31 parking spaces shall be provided for the proposed restaurant facility. 3. That all signs shall conform to the provisions of the Koll Center Newport Planned Community Development Standards. 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. Deleted. 7. 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. 8. That kitchen exhaust fans shall be designed to control smoke and odor. 9. That no off -sale alcoholic beverages shall be permitted in conjunction with the subject restau- rant. 10. That the on -sale service of alcoholic beverages shall be incidental to the primary food service operation of the restaurant. 11. That the development standards pertaining to • walls, landscaping, utilities, and parking lot illumination shall be waived. -18- COMMISSIONERS Gpy� NO 9i� Ac^ Aim �s�A CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX 12. 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. 13. 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 _ A. Use Permit No. 3216 (Continued Public Hearing) Item No.9 Request to permit the construction of a four unit UP3216 residential condominium development and related garages on property located in the R -3 District. The proposal 8745 Ext. • also includes a request to allow a portion of the development to exceed the 24 foot basic height limit on Approved the front one -half of the lot in the 24/28 Foot Height Limitation District, and to exceed the 28 foot basic height limit on the rear one -half of the lot in the 28/32 Foot Height Limitation District. AND B. Resubdivision No: 745 (Extension) (Continued Discussion) Request for an extension of a previously approved resubdivision that would create a single parcel of land for residential condominium purposes. .LOCATION: A portion of Block D of the Corona del Mar Tract, located at 311 Carnation Avenue, on the northwesterly corner of Carnation Avenue and Bayside Drive, northwesterly of Seaview Avenue, in Corona del Mar. ZONE: R -3 APPLICANT: William Feldner, Orange -19- COMMISSIONERS yc�r�c °A� dGpy'1N 999 A T' F� vy 9 CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX OWNERS: Jack E. Bazz and Chester Houston, Garden Grove ENGINEER: M. Petyo & Associates, Inc., Irvine William Laycock, Current Planning Administrator, referred to the staff report addendum for Use Permit No. 3216, recommending Finding No. 14, "That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project "; Finding No. 15, "That the contents of the environmental document have been considered in the various decisions on this project ", and Finding No. 16, "The project will not have any significant environmental impact ". In response to questions posed by Commissioner Koppelman, William Ward, Senior Planner, replied that the Coastal Commission has approved previous applications regarding the subject property, and he said that the Coastal Commission has stated in their staff report "that the subject property is not a coastal bluff, but a canyon probably formed from former creek activity." The public hearing was opened in connection with this item, and Mr. Bruce Manzer, architect for the project, appeared before the Planning Commission on behalf of the applicant, and he commented that he concurs with the findings and conditions in Exhibit "A ". Mr. Manzer referred to Condition No. 18 regarding the built -in fire protection, and he commented that the Fire Department required the sprinklered system on previously approved applications because of the projects' third levels. Mr. Manzer pointed out that the third level has been removed from the proposed development and he questioned the necessity for the Condition. Mr. Laycock replied that the Fire Department requested that Condition No. 18 remain because the Condition states that the development "shall provide built -in fire protection (sprinklered), or other provisions as may be accepted by the Fire Department ", and that at a later date the Fire Department may not require fire protection. • Mr. Michael B. Wilmar, 650 Town Center Drive, Suite 1250, Attorney for Point Properties I, Inc. and Blake Properties II, Inc. appeared before the Planning Commission in opposition to the subject application. -20- COMMISSIONERS a dG?y cif+ �y9f 'o sF 9y��yff O ;yy CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX He said that the proposed application would be inconsistent with the City's General Plan and the Land Use Plan certified by the California Coastal Commission. He disagreed with the conclusions in the staff report that the bluff on the property is not a coastal bluff and, therefore, the bluff setback and other limitations and restrictions of the General Plan and the Land Use Plan are not applicable. He further opposed the use of the Negative Declaration prepared four years ago as the Environmental Document for the property and development. Mr. Wilmar referred to his letter dated July 24, 1986, addressed to the Planning Commission, wherein he explained that an Environmental Impact Report on a four unit condominium is not unreasonable. Mr. Wilmar further explained that based on his information the applicant has no legal right of access to the site from Carnation Avenue. Discussion followed between Chairman Turner, Commissioner Kurlander, and Mr. Wilmar regarding the recorded and perscriptive easements within the abandoned Carnation Avenue. In response to questions posed by Commissioner Koppelman regarding a statement made previously by Mr. Wilmar regarding the transfer of development rights, Mr. Wilmar explained that one purpose of the Environmental Impact Report would be to attempt to come to some conclusion if the transfer of development rights would be appropriate and if so, how the situation could be implemented. Mr. Harvey Pease, 314 Carnation Avenue, appeared before the Planning Commission, and he explained that each property owner on Carnation Avenue owns the property up to the center line of Carnation Avenue and have cross easements on the opposite side of the street. Chairman Turner referred to previous statements made by Mr. Pease at a previous public hearing regarding the construction of a barrier at the end of Carnation Avenue, and Mr. Pease replied that because he only owns one -half of. the street at the end of Carnation Avenue that he would install one -half of the barrier within approximately two weeks. Mr. Pease stated that he has reviewed the proposed plans and that he supports the application. -21- COMMISSIONERS F y O ¢, y t^9 Yy t^9 CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX In response to a question posed by Commissioner Winburn, Mr. Pease replied that he is in accordance with the applicant as to the view that he would lose because of the proposed project. The public hearing was closed at this time. In response to a request made by Commissioner Koppelman regarding Mr. Wilmar's aforementioned reference to Municipal Code Section No. 19.20.110F and Section No. 20.10.050, City Engineer Donald Webb replied that Section No. 19.20.110F states that "NOT ABUTTING ON STREET. Lots that do not abut on a street will not be permitted ". When questioned by Mr. Webb as to why he referred to Section No. 20.10.050: PARKING, Mr. Wilmar replied that if'the applicant did not have the right of access then he would not be able to meet the parking requirements. Chairman Turner pointed out that there is a question as to whether or not there is an easement to the subject property. He explained that the Planning Commission could approve the subject application; however, the applicant would have to prove at a future date that they have access to the public street. Mr. Wilmar reappeared before the Planning Commission and said that to say that there is no document on record is not correct, but that the copy of the deed that is attached as an exhibit to the aforementioned letter shows that there is no recorded easement attached to the subject property. Ms. Korade stated that the question regarding if the property owner has easement rights, could be decided at some future date, but that the building should not be built if there is not access to the public street; however, she said that there may be other legal rights that could provide access such as prescriptive easements. Ms. Korade suggested that the Planning Commission may take action on the subject application. Commissioner Kurlander suggested that the subject application be continued, and he said that it would be unusual that the County of Orange would vacate this property without providing some means of access to a public right -of -way, which would landlock the property • owners. Chairman Turner said that the applicant must comply with the actions approved by the Planning Commission, -22- COMMISSIONERS °o c mop � y9 ,eS _ 9yF,D CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX and that if the applicant does not have access to the public street then the applicant may not proceed until that issue is resolved. Motion x Motion was made to approve Use Permit No. 3216 and Ayes x x x x x Resubdivision No. 745 (Extended) subject to the Noes x findings and conditions in Exhibit "A ", including Absent x additional Findings No. 14, No. 15, and No. 16, as previously recommended by staff. Motion voted on, MOTION CARRIED. Use Permit No. 3216 FINDINGS: 1. That each of the proposed units have been designed as a condominium with separate and individual utility connections. 2. The project complies with all applicable stan- dards, plans and zoning requirements for new buildings applicable to the district in which the proposed project is located at the time of ap- proval, except for a portion of a roof that exceeds the basic height limit. 3. The project lot size conforms to the Zoning Code area requirements in effect at the time of ap- proval. 4. The project its consistent with the adopted goals and policies of the General Plan and the adopted Local Coastal Program, Land Use Plan. 5. That the subject property is not a coastal bluff as defined by the California Coastal Commission and which has been the determination of the Planning Commission, City Council, and the Coastal Commission, in conjunction with their review and approval of two previous development proposals for the subject property. 6. That the slope areas of the subject property which exceed a slope of 2:1 are not natural slopes inasmuch as they have been subject to substantial man -made alterations, including the construction • of Bayside Drive and Bayside Place, the installa- tion, of drainage and sewer improvements, the -23- COMMISSIONERS r: MINUTES July 24, 1986 CITY OF NEWPORT BEACH extension of Carnation Avenue and the construction of the single family dwelling which previously occupied the site. 7. That the subject property is not located within a sensitive area as defined within the General Plan or the Land Use Plan of the Local Coastal Program. 8. That adequate on =site parking spaces are proposed in conjunction with the residential condominium development. 9. The increased building height will result in more public visual open space and views than is required by the basic height limit inasmuch as there is a greater amount of open space on the site adjacent to Bayside Drive and Carnation Avenue. I I I I I I I 10. The increased building height will result in a more desirable architectural treatment of the I I I I building and a stronger and more appealing visual character of the area than is required by the basic height limit. 11. The increased building height will not result in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 12. The structure will have no more floor area than could have been achieved without the use permit for the building height. 13. The approval of Use Permit No. 3216 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. 14. That all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document and -24- INDEX COMMISSIONERS yGc^c�GO n mG9y 9� 9� ( AAt^y(y Fy vy 9 CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. 15. That the contents of the environmental document have been considered in the various decisions on this project. 16. The project will not have any significant environmental impact. CONDITIONS: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans and elevations except as may be noted below. 2. That two garage spaces (including one tandem space) shall be provided for each dwelling unit. 3. That the proposed residential development shall • meet the provision of Section 20.11.020,B., of the Newport Beach Municipal Code as to permitted building heights in the R -3 District in Corona del Mar except for those portions of the roof as shown on submitted plans, which exceed the 24 foot and 28 foot basic height limit on the front one -half and rear one -half of the lot. 4. That the applicant shall provide verification during the course of construction that the proposed development fully complies with the provisions of Condition No. 3 above. Required verification shall be prepared and certified by a licensed land surveyor or civil engineer prior to final inspection of rough framing. 5. Should any resources be uncovered during con- struction, a qualified archaeologist or paleontologist shall evaluate the site prior to completion of construction activities, and in accordance with City Policies K -6 and K -7. 6. Final design of the project shall provide for the incorporation of water - saving devices for project • lavatories and other water -using facilities. -25- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX 7. A landscape and irrigation plan for the project shall be prepared by a licensed landscape archi- tect. 8. A landscape plan shall be subject to the review of the Parks, Beaches, and Recreation Department and approval of the Planning Department. 9. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 10. 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. 11. 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. • 12. 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 impact of haul operations. 13. An erosion and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department. 14. That an erosion and siltation control plan,, if required, 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. 15. The project shall be so designed to eliminate light and glare spillage on adjacent residential uses. 16. That prior to the occupancy of any units a qual- ified engineer, specializing in acoustics, shall demonstrate to the satisfaction of the City that the roadway noise impact on the project does not exceed 65 dba CNEL for outside living areas and the requirements of the law for interior spaces. • 11111 I I I -26- COMMISSIONERS yGt^�GO C+ BG�y 9N 999 '�.p�y�y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX 17. That all conditions of the Resubdivision No. 745 shall be fulfilled. 18. That the proposed development shall be Type V, one hour construction, and in addition, shall provide built -in fire protection (sprinklered), or other provisions as may be accepted by the Fire Depart- ment.. 19. 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. 745 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 subdivision presents no problems from a planning standpoint. 3. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. CONDITIONS: 1. That all previous conditions of approval of Resubdivision No. 745 shall be fulfilled. 2. That this resubdivision shall expire if the map has not recorded prior to December 2, 1988. � * x • -27- COMMISSIONERS GSOt� G�1ytn NO 9i� Afp �^y <<�� ;9yon CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROLIFEALL INDEX A. Use Permit No. 3213 (Public Hearing) Item No.10 UP3213 Request to permit the construction of a 35 unit bed and breakfast facility which will include the service of a continental breakfast and alcoholic beverages to hotel R832 guests. The proposed development is located on pro- — perty in the "Recreational and Marine Commercial" area proved of the Cannery Village /McFadden Square Specific Plan Area and exce4ds the 26 foot basic height in the 26/35 Height Limitation District. The proposal also inc- ludes: a request to use two adjacent lots, located in the R -2 District for a portion of the required off- street parking and a trash enclosure; a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking spaces, and the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) • Request to approve a traffic study in conjunction with the construction of a 35 unit bed and breakfast faci- lity on property located in the Cannery Village /McFad- den Square Specific Plan Area. AND C. Resubdivision No. 832 (Public Hearing) Request to resubdivide the subject property into a single building site where four parcels presently exist in conjunction with the construction of a 35 unit bed and breakfast facility. LOCATION: Lots 11, 12 and 13, Block 220, Section A, Newport Beach, and property bayward of Lot 13 to the U. S. Government bulkhead line, located at 223, 225 and 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village /McFadden Square Specific Plan Area. ZONE: SP -6 -28- COMMISSIONERS • 0 MINUTES July 24, 1986 CITY OF NEWPORT BEACH APPLICANT: The Hill Partnership, Inc., Newport Beach OWNER: Charles P. Pigneri /Paul L. Balalis, Newport Beach ENGINEER: Stevenson, Porto and Pierce, Inc., Irvine William Laycock, Current Planning Administrator; referred to page 7 of the staff report, "Access and Circulation ", sixth line, and corrected the following sentence to read "Said intersection presently has no left turn lane for inbound (eastbound) traffic." Mr. Laycock recommended that Conditions No. 25, No. 26, No. 27, and No. 28, pertaining to the boat slip bayward of the subject site be added to Use Permit No. 3213 as follows: 25. With the exception of one 45 foot slip which is intended to be used for the birthing of the ship "Resolution ", all boat slips bayward of the site shall be used for boats which are for the exclusive use of the bed and breakfast facility. No other slips shall be rented to the general public without the approval of an amendment to this use permit. 26. That one parking space and bathroom facilities shall be provided on the upland property for the one slip permitted in Condition No. 25. 27. That no passenger loading or unloading shall be permitted from the subject property, in conjunction with any boat charter operation. 28. The applicant shall provide two benches for public use within the landscape area adjacent to the proposed public walkway along the water front. Said benches shall be designed so as to be compatible with the architecture of the proposed building and elevated decks adjacent to the bay. Mr. Laycock explained that the ship "Resolution" is currently docked in front of.the subject property as a boat charter operation. He commented that the -29- INDEX COMMISSIONERS yGF�GOq�+ �9 Yy CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX operators of the "Resolution" do not have the Commercial Harbor Activities Permit for boat charter. Mr. Laycock said that Condition No. 25 would allow the "Resolution" to remain on -site; Condition No. 27 states - that no passenger loading or unloading shall be permitted on -site; however, the boat could remain at the subject location but could not be utilized for boat charter from the upland property. Mr. Laycock suggested that if the Planning Commission should decide that "Resolution" not remain on the subject property, then the following line of Condition No. 25 could be deleted: "With the exception of one 45 foot slip which is intended to be used for the birthing of the ship "Resolution ". Mr. Laycock suggested that Condition No. 26 be deleted if Condition No. 25 was modified. Mr. Laycock explained that staff is concerned that if there is a boat charter operation at the subject facility, and the boat slips are rented out for commercial uses, that there would not be adequate • parking on -site for the guests of the bed and breakfast facility. in response to Commissioner Winburn's comment that the "Resolution" has not had a Harbor Permit for several years, Mr. Laycock replied that the Marine Department has requested that the "Resolution" obtain a Harbor Permit for the past several months, and that the Marine Department could issue citations, or the issue could be referred to the Attorney's office as a legal matter. Assistant City Attorney Carol Korade explained that the operators of the "Resolution" should contact the Marine Department for the Harbor Permit application, whereby standard conditions would be imposed to the Harbor Permit which would regulate Newport Harbor activities. The public hearing was opened in connection with this item, and Mr. Paul Balalis, 1129 East Balboa Boulevard, owner, appeared before the Planning Commission, and introduced the Captain of the "Resolution ". Mr. Barry Spieler, 351 Old Newport Boulevard, owner and Captain of the "Resolution ", appeared before the Planning Commission. Mr. Spieler said that two years ago he leased property which required him to appear • before the Planning Commission for a use permit to operate in Newport Harbor, and the findings were that -30- COMMISSIONERS MINUTES July 24, 1986 � ' Z\7110015\\Inkon, C ITY OF NEWPORT BEACH ROL ALL INDEX the "Resolution" was operating legally in accordance with the Coast Guard. He advised that 90 percent of the "Resolution's" business is chartering customers to Catalina Island; that they they advertise out -of -state and out of the Newport Harbor area; that the boat charter passengers are often picked up and returned to the airport; that local hotels book the "Resolution" for charter; that automobile parking is not a problem= and that he also boat charters for corporate business and for personal entertaining. Mr. Spieler explained that the "Resolution" is licensed with the Coast Guard under a Coastal Trade which allows six paying passengers, and bare boating. Mr. Spieler explained that bare boating is catered by a local restaurant, and the "Resolution" picks up the passengers at the restaurant. He said that if there is a need to pick up passengers at the subject site that there is adequate parking; however, after October they would not do so unless they are operating the boat legally. Mr. Spieler commented that the maximum number of passengers that the "Resolution" carries is 45 to 50 people who would be bussed to the subject site, and then picked up by bus at a later hour. Mr. Spieler said. that the Marine Department contacted him about two months ago and stated that the City.was changing its policy that if 90 percent of the boat charter business was out of Newport Harbor, then the operators of the charter boats would have to apply for a Harbor Permit. Mr. Spieler advised that he has submitted the written application, but not the $365.00 check, to the Marine Department; however, he said that he would promptly deliver the check to the Marine Department. He commented that during the winter months the ship operates in Mexico; that the ship is owned by a Hawaiian Company; that they will attempt to comply with Newport Harbor regulations; and that they are not known as a trouble boat. In response to 'a question posed by Commissioner Eichenhofer regarding where the passengers board and depart the ship, Mr. Spieler replied that the passengers currently board at the end of 20th Street. He said that the majority of his business is chartering six passengers to Catalina Island; however, approximately once a month there is a boat charter • whereby the bus will bring the passengers to 20th Street. He said that after the proposed bed and breakfast facility is _built that the boat charter -31- COMMISSIONERS • MINUTES July 24, 1986 CITY OF NEWPORT BEACH operators will find another site to board the passengers onto the ship such as local restaurants. In response to questions posed by Commissioner Koppelman regarding parking, Mr. Spieler replied that the bus parks at Pacific Tides Marine on 20th Street, and that the restaurants who charter the boats will provide the parking for the boat passengers. Assistant City Attorney Carol Korade previously the City has required operations to provide one parking space passengers on their boat, which is c, maximum number of passengers, as well Parking Agreement. commented that boat charter for every three imputed for the as an Off -Site In response to a question posed by Commissioner Merrill, Mr. Spieler replied that the busses park in the parking lot at Pacific Tide Marine and then back onto the street, and that the boat operators are allowed to open the gates to the Pacific Tide Marine at any hour. Mr. Balalis reappeared before the Planning Commission, and advised that the owners have only provided a dock for the "Resolution" because there was not another site for the ship in the area. He referred to staff's recommended Condition No. 25 and suggested that "Resolution" could be removed from the condition and that the condition could refer to a specific vessel that may be docked that would have all of the qualified licenses. Mr. Balalis said that if there would be a boat charter business at the subject site, that the operators would have to provide adequate parking; however, if problems developed for the proposed project because there are boat charters operating from the site then the property owners would rather not have the boat charters at all. In response to a question posed by Chairman Turner regarding Condition No. 25, Mr. Balalis responded that he would approve that the following sentence be deleted: "With the exception of one 45 foot slip which is intended to be used for the birthing of the ship "Resolution "." Mr. Balalis said that the second- boat that has been on -site has an engine problem and that the owner and the Marine Department have - reached an agreement so that the boat will depart for Long Beach immediately. -32- INDEX COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX Mr. Balalis commented that the subject site has not been used as a boat yard since approximately March 10, 1986, when the boat crane was lost. Mr. Larry Frapwell, applicant, appeared before the Planning Commission, and described the proposed project and the adjacent area from a table model. In response to a question posed by Commissioner Koppelman, Mr. Frapwell replied that the proposed building is directly on the westerly property line, that the building wall would be required under the Building Code for separation and fire protection, and that no openings in the wall are proposed. Mr. Balalis reappeared before the Planning Commission, and stated that he concurs with the findings and conditions in Exhibit "A ". He referred to Resubdivision No. 832, Condition No. 7, and asked that the recommended eight foot wide perpendicular sidewalk with easement be modified to a six foot wide easement to conform with the front six foot wide sidewalk, and . that the applicant be allowed to cantilever out one foot over the bulkhead. He explained that to provide the eight foot wide easement would require the applicant to cut into the building by three feet which would create the loss of one parking space. In response to a question posed by Chairman Turner, Mr. Webb replied that the street end would be cantelevered over. He said that there is a waterway that would be reviewed by the Coastal Commission and they usually take the position that a cantelever does not change the characteristics of the water underneath. He said that the bulkhead will have to be modified for this development. . In response to questions posed by Commissioner Kurlander, Mr. Webb replied that the purpose of recommending an eight foot wide sidewalk is so that the sidewalk would have the appearance of a continuation of the present sidewalk on 20th Street; however, he would agree to a six foot wide sidewalk. In referring to Commissioner Kurlander's inquiry regarding high tide, Mr. Webb replied that the bulkhead would be raised to the elevation of 9 feet above mean or low tide, and that the driveway in the proposed underground parking • I I I I I I I I structure would be designed so that it is also above {I the elevation 9 feet before the driveway drops down in -33- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH an effort to try to keep water from going into the underground structure. Mr. Balalis referred to Resubdivision No. 832, Condition No. 8 stating "that the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an eastbound left turn lane ", and he questioned staff's recommendation that four parking spaces be removed to allow for the left turn lane. In response to Mr. Balalis' question regarding the magnitude of the left turn lane, Mr. Webb explained the intensification of the 20th Street intersection. In response to a question posed by Commissioner Eichenhofer regarding the Cannery Village/McFadden Square mixmaster plan, Mr. Webb replied that the mixmaster would not affect the area between 20th Street and 21st Street, because the traffic would be merged into the traffic pattern at 21st Street. I I I I I I I I Mr. Balalis stated that the applicant is attempting to • reduce the congestion at 20th Street by developing a semi - residential project. He said that the number of trips that will occur by the guests will be less than if the area would be developed into a commercial site. He commented that the 2 to 2 1/2 trips per day by the guests will not occur during the peak traffic hours. Mr. Balalis stated that the applicant will provide the left turn lane if requested to do so. In response to questions posed by Commissioner Koppelman regarding the time frame of the proposed development, Mr. Balalis replied that the construction could start prior to October, and the completion of the project would be in the late Spring or early Summer of 1987. Mr. Webb replied that the left turn lane should be a high priority. He said that the cost of the left turn lane would be approximately $10,000. to $15,000. In response to a question posed by Commissioner Winburn regarding Use Permit No. 3213, Condition No. 4, stating that the bed and breakfast facility shall be used for no other uses, Mr. Balalis explained that a bed and breakfast facility creates an at -home atmosphere. He said that if a quest would have a reception and there would not be adequate parking, then the facility would • 11111111 provide valet parking. -34- INDEX COMMISSIONERS MINUTES yGC^FGO n mG�y 9N �9! AA S� July 24, 1986 CITY OF NEWPORT BEACH ROL ALL INDEX Mr. George Matulich, 217 - 20th Street, appeared before the Planning Commission, and discussed the traffic conditions on 20th Street and 21st Street. He said that the traffic conditions will become more intense on 20th Street because the guests will be moving in and out; trucks will be loading and unloading; there will be more foot traffic; that the traffic on 20th Street has not been addressed properly; there is currently heavy traffic because of other commercial operations within the area; that there is heavy traffic in the area daily between 5:00 p.m. and 6:00 p.m.; and that the subject site will be intensified. Mr. Matulich said that he is not opposed to the development and that he would like to'see the improvements in the area. In response to questions posed by Chairman Turner, Mr. Webb replied that staff did not measure the total number of trips on 20th Street because it is a dead -end street that is 35 feet wide. Mr. Webb further stated that the traffic from the proposed development would increase the total number of trips on a daily basis, but the traffic would not reach the capacity of the • street and would not over - burden the street. He said that the facility would .attract a different type of traffic, that the traffic would be primarily vehicles that would be smaller, and there would not be many delivery vans. In response to a question posed by Commissioner Koppelman, Mr. Webb replied that a bed and breakfast facility would create a different mix of traffic as compared to a commercial use, and that the facility would not create concentrated traffic during the peak hours. Ms. Jan DeBay, West Newport Homeowners Association, appeared before the Planning Commission. Ms. DeBay stated that Mr. Balalis invited the Homeowners Association to review the proposed project, and she said that she supports the project; however, the Board of Directors of the Homeowners Association has not met to vote on the proposed project. Ms. DeBay stated that the peak traffic hour for the facility could be between 11:00 a.m. to 12:00 p.m. noon, which would not impact the beach traffic; that she supports the planning and conditions that the project would create on the property; that the property will be well - managed and supervised; that the area will be up- graded; that the project uses the Cannery Village /McFadden Square Specific Area Plan suggestions to a good advantage; that the guest rooms will be utilized by a maximum of -35- COMMISSIONERS Ayyy t, y c^ c^ c+ d�A99y ,ey GV#1N9�� nFy Z \;S\ f�gZG C4 S Fy vy la CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX two or three persons; and that the type of person who will be at the facility will be there for leisure activities. Mr. Bob Roubian, 20th Street resident for 40 years, appeared before the Planning Commission. Mr. Roubian emphatically reasoned why the proposed project will create congestion on the dead -end street: that the street is currently difficult to enter and exit; difficult to find a parking place; there is no way to turn an automobile around conveniently; the street is over - crowded and inadequate for the 16 residents who currently reside on the street; that the proposed project will create more traffic from the guests, employees, and delivery vehicles. He said that the project will be detrimental to the persons residing and working in the neighborhood; and injurious to the property and general welfare of the City. In summary, Mr. Roubian said that the proposed project will be like "trying to get a whale in a sardine can ". The Planning Commission recessed at 9:55 p.m. and reconvened at 10:00 p.m. Mr. Stephen Magro, 312 - 36th Street, appeared before the Planning Commission in opposition to the project, because of the impact that the proposed project will have on the street, and he questioned the density of the R -2 zone. Chairman Turner replied that the portion of the project that is zoned R -2 extends across the property away from the bay. Mr. Laycock explained that the Zoning Code allows for 1 unit for each 1,000 square foot; however, the Coastal Commission requires 1,200 square feet for each unit. Mr. Magro stated his concern for the pedestrians in the area, and he approved of the left turn lane. Mr. Charles Pigneri, owner, 1131 East Balboa Boulevard, appeared before the Planning Commission. He explained that there is traffic congestion on 20th Street because many vehicles come onto 20th Street not knowing that the street is a dead -end street and then they have to turn their automobiles around. Mr. Pigneri described how the owners could have developed the area which would have created more parking and traffic congestion on 20th Street. • Ms. Francis Matulich, 210 - 21st Street, appeared before the Planning Commission, and commented that the -36- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX Spaghetti Factory restaurant creates parking and traffic congestion, and that the emergency vehicles cannot enter the street because of the traffic on 20th Street. Mr. Bob Roubian reappeared before the Planning Commission and agreed that the traffic congestion is created because the vehicles enter 20th Street and then have to turn around at the dead -end street. Mr. Roubian and Chairman Turner discussed the variable land usages for the site. Ms. Jean Van Ornan, 107 - 15th Street, appeared before the Planning Commission, and she stated her support of the proposed project. The public hearing was closed at this time. In response to a question posed by Commissioner Winburn regarding the required handicapped parking spaces, Mr. Laycock explained that Title 24 allows flexibility of the number of handicapped parking spaces if it was determined that one or two handicapped parking spaces would be adequate compared to the three handicapped parking spaces that are required by the State. Mr. Laycock commented that one or two parking spaces may be deleted from the proposed 41 parking spaces because each parking space area may be increased from 8 foot, 6 inch wide to 9 foot wide. Commissioner Koppelman commented that the proposed project is what she had visualized would happen to upgrade the area after the approval of the Cannery Village/McFadden Square Specific Area Plan; that the project is well designed and sensitive to site lines; that there will be more than adequate parking; that the R -2 property is an area of the parking lot rather than the building; that the expansion and "U" turn capability at the 20th Street intersection will keep people off of 20th Street; that the traffic figures on previous hotel projects show that hotel traffic operates' throughout the day; and that many of the aforementioned problems have been created because of the charter boat. Motion I I I I I I -J I Motion was made to approve the Traffic Study, Use I I I I I I I I Permit No. 3213, Resubdivision No. 832, subject to the findings and conditions in Exhibit "A ", including Use Permit Condition No. 25 to state "all boat slips bayward of the site shall be used for boats which are W3E COMMISSIONERS s G AF ��ZG dGZyZZ� 9 9 No Z 9y�`�Z f \rlrli � CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX for the exclusive use of the bed and breakfast facility. No other slips shall be rented to the general public without the approval of an amendment to this use permit "; delete No. 26 "that one parking space and bathroom facilities shall be provided on the upland property for the one slip permitted in Condition No. 25 "; add No. 27 "that no passenger loading or unloading shall be permitted from the subject property, in conjunction with any boat charter operation "; add No. 28 "the applicant shall provide two benches for public use within the landscape area adjacent to the proposed public walkway along the waterfront. Said benches shall be designed so as to be compatible with the architecture of the proposed building and elevated decks adjacent to the bay "; Resubdivision No. 832, amended Condition No. 7 to allow "..a 6 foot wide perpendicular sidewalk with easement.. ". In response to a question posed by Commissioner Kurlander, Commissioner Koppelman replied that she has recommended Use Permit No. 3213, Condition No. 27 to assure that there is not a situation where there will be passengers loading or unloading from a boat. Commissioner Koppelman advised Chairman Turner that she would support his recommendation that Resubdivision No. 832, Condition No. 8 be amended to state "..allowing for a four car stacking lane." Chairman Turner stated that he would support the motion for many of the same reasons previously stated by Commissioner Koppelman, and he added that the proposed project is well designed, that the view corridors have been taken into consideration, and that the project is in keeping with the Specific Area Plan. Commissioner Winburn commented that she had considered an added condition allowing receptions, but that she reconsidered after the public hearing testimony regarding parking, and when the owner had stated that he would approve of valet parking for the receptions. Commissioner Winburn said that she would support the motion. Commissioner Eichenhofer stated that she would support the motion. She asked to amend Resubidivison No. 832, Condition No. 8, because the four car stack may not be • necessary for the left turn lane, and she requested Condition No. 8 state "..to provide an eastbound left -38- COMMISSIONERS y 0 dG9y 9� 999f -o yt� _ SONGyf!O ;yy �� 9y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROLLOwCALL INDEX turn lane as approved by the Traffic Engineer." Chairman Turner and Commissioner Koppelman agreed to the amended condition. Motion voted on to approve Traffic Study, Use Permit No. 3213, added Condition No. 25, delete Condition No. 26, add Conditions No. 27 and No. 28, Resubdivision No. 832, including amended Conditions No. 7, No. 8, subject Ayes x x x x x x to the findings and conditions in Exhibit "A ". MOTION Absent x CARRIED. A. ENVIRONMENTAL DOCUMENT Findings: 1. That the environmental document is complete and has been prepared in compliance with the Califor- nia Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project; 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval; 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. C. USE PERMIT NO. 3213 Findings: ' 1. That the project is consistent with the adopted goals and policies of the General Plan, and the adopted.Local Coastal Program, Land Use Plan, and -39- COMMISSIONERS 00 F� 7y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX the Cannery Village /McFadden Square Specific Area Plan. 2. That the increased building height will result in more public visual open space and views than is required by the basic height limit. 3. That the increased building height will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. 4. That the increased building height will not result, in undesirable or abrupt scale relationships being created between the structure and existing devel- opments or public spaces. 5. That the structure will have no more floor area than could have been achieved without the use permit for the building height. 6. That the development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. 7. That the proposed number of compact car spaces is within the limits generally accepted by the Planning Commission relative to previous similar applications. 8. The proposed use of compact car spaces 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 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. 9. The approval of Use Permit No. 3213 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. -40- COMMISSIONERS A4A�99 G9Z� NO \10\11rorr.-ton, y� y CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, elevations and section except as noted below. 2. That the required 5 foot front yard setback adjacent to 20th Street shall be maintained, except for walls, landscape planter areas, or stairs that shall not exceed a height of 3 feet above the grade of the abutting sidewalk. 3. That the service of any food products or alcoholic beverages shall be limited to hotel guests and invitees only. 4. That this approval shall be for a bed and break- fast facility only and that no other uses, such as wedding receptions or meetings shall be permitted in any building or open patio areas unless the Planning Commission approves an amendment to this use permit. 5. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to a maximum of 55 Dba at the property lines. The latter shall be based upon the recom- mendations of a qualified engineer specializing in acoustics, and be approved by the Planning Depart- ment. 6. That a minimum of 35 guest parking spaces shall be provided on site. The required handicapped parking spaces shall be in accordance with Title 24 of the Uniform Building Code. 7. That the off - street parking plan shall be subject to further review and approval by the City Traffic Engineer and that said parking plan shall include 9 foot wide standard parking spaces rather than 8 foot, 6 inch wide spaces. 8. That all proposed signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the • vehicular ingress and egress. -41- COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX 9. That the final design of on -site vehicular and pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. 10. That handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 11. That the lighting system 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. I I I I I I 12. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department and Public Works Department. 13. That all conditions of Resubdivision No. 832 shall be fulfilled. 14. That the surface of the subterranean parking area shall be treated so as to prevent automobile tires from squealing. 15. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 16. 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. 17. 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. I I I 18. 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 -42- COMMISSIONERS C G9 ;9y �c^9 CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 19: That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and engineering 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. 20. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 21. That adequate provisions be taken to insure that no debris, siltation or foreign material be permitted to enter the bay during demolition and construction. 22. Final design of the project shall provide for the incorporation of water - saving devises for project lavatories and other water -using facilities. 23. 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. 24. 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. 25.' All boat slips bayward of the site shall be used for boats which are for the exclusive use of the bed and breakfast facility. No other slips shall be rented to the general public without the approval of an amendment to this use permit. 26. Deleted. -43- COMMISSIONERS 0 MINUTES July 24, 1986 CITY OF NEWPORT BEACH 27. That no passenger loading or unloading shall be permitted from the subject property, in conjunction with any boat charter operation. 28. The applicant shall provide two benches for public use within the landscape area adjacent to the proposed public walkway along the water front. Said- benches shall be designed so as to be compatible with the architecture of the proposed building and elevated decks adjacent to the bay. TRAFFIC-STUDY 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 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 be greater than one percent of the existing traffic during the 2.5 hour peak period on one leg of one critical intersection, but will not add to an unsatisfac- tory level of traffic service at the critical intersections which will have an Intersection Capacity Utilization of .90 or less. Condition: 1. That an eastbound left turn lane shall be con- structed at the intersection of West Balboa Boulevard and 20th Street as approved by the Traffic Engineer. -44- INDEX COMMISSIONERS MINUTES July 24, 1986 CITY OF NEWPORT BEACH INDEX D. RESUBDIVISION NO. 832 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 subdivi- sion. Conditions: • 1. That a parcel map be recorded. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That a standard subdivision agreement and accompa- nying surety be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 4. That the deteriorated sidewalk and deteriorated portions of curb, gutter and drive apron be recon- structed along the 20th Street frontage and that the fire hydrant be relocated if it is not at least 5 feet from top of "x" on the proposed rive apron. All work shall be completed under an encroachment permit issued by the Public Works Department. I 5. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulk- head be repaired in conformance with the recommen- dations of the condition survey and to the satis- faction of the Building Department. and Marine Department. The report shall .include inspection -45- COMMISSIONERS FG�pti ZN 4p F� F� ? Gy N Pf F _ �y�9 1 ff O t�y0� CITY OF NEWPORT BEACH MINUTES July 24, 1986 ROL ALL INDEX and evaluation of all tie rods required for the proposed project. The engineer shall also eval- uate potential loss of soil through the bulkhead wall as part of the report. The top of the bulkhead is to be a minimum of elevation 9.00 above M.L.L.W. (6.26 MSL). 6. That County Sanitation District fees be paid prior to issuance of any building permits. 7. That a public access easement, 6 feet wide as required by the specific area plan, be dedicated across the bayside frontage of the property and that it be' improved with a minimum 6 foot wide sidewalk. That a 6 foot wide perpendicular sidewalk with easement, as necessary, be construc- ted to connect the bay access easement to the public sidewalk at the end of 20th Street. 8. That the median island on West Balboa Boulevard at 20th Street be reconstructed to provide an east- bound left turn lane as approved by the Traffic Engineer. 9. That the entrance to the parking structure shall be designed to have a high point elevation of 6.27 MSL in order to prevent flooding from the bay. The design shall be approved by the Public Works Department. 10. That the applicant shall enter into and record a Hold Harmless 'Agreement be entered into by the property owner holding the City harmless of all liability from flooding, with the wording in the agreement to be approved as to form and content by the City Attorney's Office. 11. 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. x -46- m COMMISSIONERS %�v F9 Fycy 4; °s yy y <<�iac,�y yy� CITY OF NEWPORT BEACH MINUTES July 24, 1986 WALL INDEX A D D I T I O N A L B U S I N E S S: Additional Business The Planning Commission reviewed the analysis of buildable area limitations for the China Cove area of Corona del Mar prepared by staff. It was determined by China Cove the Commission that it would be preferable to review Variances variances to exceed the 1.5 times the buildable area of the smaller lots in China Cove on a case by case basis rather than initiate an amendment to the Zoning Code to increase the Floor Area Ratio on said lots. Chairman Turner discussed with the Commission that the Joint next joint Study Session with the City Council will be Study on September 22, 1986, at 2:00 p.m. Commissioner Session Kurlander suggested that the City's policies regarding in -lieu parking should be placed on the agenda. The Planning Commission reviewed Use Permit No. 3205, Milano's Pizza Restaurant, item No. 7 on the Planning UP3205 Commission agenda that was continued to the Planning Commission meeting of August 21, 1986. The Commission directed staff to suggest revisions to the, existing operation of the restaurant facility that would convert said operation back to a "take -out" restaurant. x * � Current Planning Administrator William R. Laycock reviewed the temporary use of a tent at the Pacific Club in Koll Center Newport. The Commission concurred pacific Club with the Planning Director's decision to approve the temporary use. A D J O U R N M E N T: 10:50 p.m. Adjournment PAT EICHENHOFER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • -47-