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HomeMy WebLinkAbout08/03/1978COMMISSIONERS p� p� y ; vs'S vs �4 4�9p 47. 2 ROLL CALL Present Motion All Ayes U MINUTES City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 p.m. nom+ A.. —ii,+ 9 1070 X X X XXx x EX- OFFICIO MEMBERS R. V. Hogan, Commu Hugh Coffin, Assis Benjamin B. Nolan, STAFF MEMBERS James 0. Hewicker, David Dmohowski, A Minutes Written By X Minutes of the Reg were approved as w Request to create development where Location: Lot No. Cart Bir Can of Ora Zone: M -1 Applicant: Sic Ir% Owner: The Engineer: Ger Public hearing wa! this item and a ri Development Corpoi Planning Commissii contents of the s' lity Development Director Cant City Attorney City Engineer Assistant Director - Planning ivance Planning Administrator Joanne Bader ular Meeting of July 20, 1978 ritten. two parcels of land for office four lots now exist. s 18, 19, 43 and 44., Tract 3201, located at 4060 and 4100 pus Drive and 4063.and 4101 ch Street, southeasterly of pus Drive and southwesterly Dove Street, across from the nge County Airport. -A nal Development Corporation, ine Irvine Company, Newport Beach ge Consultants, Irvine opened in connection with presentative of Signal - ation appeared before the in and concurred with the :aff report. -I- INDEX Item #1 RESUBDI- VIS N N0. 59F — APPROVED C DI- TIM LY COMMISSIONERS City of Newport Beach August 3, 1978 ROLL CALL There being no others desiring to appear and be heard on this item, the public hearing was close Motion X Motion was made that Planning Commission make All Ayes the following 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 th Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivision No. 593 subject to the following conditions: 1. That a.parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3.. That a 4 foot wide P.C.C. sidewalk be constructed adjacent to the property line along Campus Drive and Birch Street frontag, 4. That the location of the driveway approache on Campus Drive and Birch Street be approve, by the Public Works Department. The location of the driveway approach on Birch Street shall be compatible with the existin driveways on the southeasterly side of Birr Street. Request to establish one building site and eliminate an interior lot line where one lot and property bayward of said lot to the U.S. Govern- ment Bulkhead Line now exist so as to construct an office complex on the property. Location: Lot 13, Block 220, Section A, Newport Beach, and property baywa of said lot to the U.S. Govern- ment Bulkhead Line, located at 22 20th Street, on the westerly.side -2- MINUTES INDEX f. 0 �s . s f I 1 Item #2 RESUBDI- VISION NO. 594 APPROVED CONDI- TIONALLY ^d 7 COMMISSIONERS City of Newport Beach August 3, 1978 ROLL CALL of 20th Street adjacent to The Rhine Channel. Zo.ne: C -2 Applica.nt: Ed Ziemer, Charles Pigneri, & Paul Balalis, Balboa Owner: Anthony Vasi, Newport Beach Engineer: ONA Incorporated, Newport Beach Commissioner Balalis refrained from deliberatioi on this item due to a conflict of interest. Public hearing was opened in connection with th item and Jack Carter, of Lee, Klages & Associat appeared before the Planning Commission and • concurred with the contents of the staff report There being no others desiring to appear and be heard on this matter, the public hearing was closed. Motion X Motion was made that Planning Commission make t Ayes X X X X X X following findings: Abstain X 1: That the map meets the requirements of Titl 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 th subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. and approve Resubdivis ion No. 594, subject to t following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works • Department. 3. That all conditions of approval for Use Per No. 1868 be fulfilled. -3- MINUTES is as, ie L e he mit INDEX COMMISSIONERS } F P C�s} 9s p�TO2cvQ City of Newport Beach August 3, 1978 ROIL CALL 4. That a standard subdivision agreement and surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map before the public improvements are completed (parcE map must be recorded prior to issuance of building permit). Continued public hearing to consider the approvz of the draft report "Parking Program Feasibility of the "Parking Needs and Economic Feasibility Study of the Central Newport Beach Area ". Public hearing was opened in connection with this item and Bill Hurrell, of Wilbur Smith and Assoc.iates,.appeared before the Planning Commission and answered.questions of the Plannil Commission relative to parking need, origin and destination of parkers in Central Newport, purp( of establishing a Parking Authority, parking , program revenues and operating costs, and effec- of additional parking on development. Sidney L. Soffer appeared before the Planning Commission and commented on the need for parkin in Central Newport. He pointed out that when parking meters were installed in McFadden Squar4 twenty years ago, the installation was done witl the understanding that the revenues derived froi same would be used for the provision of additioi parking. Mr. Soffer felt that it is the City's responsibility to fulfill this commitment at th time. Milton Bren appeared before the Planning Commission and spoke in opposition to the con- struction of the South Cannery Village parking project inasmuch as he felt it would be very costly and would provide little parking for bea goers or people in the neighborhood. Mr. Bren also spoke in opposition to any commercial . development within a parking structure. Mr. Br urged consideration of construction of a multiple -story parking structure over the City Hall grounds as this property is currently owne and is accessible to both the beach and the Cannery Village area. -4- MINUTES r INDEX ,1 Item #3 1 CENTRAL BUTH- PFRUNG STU�— CONTINUED TO 1 GUST 17, 1978 ig Is 1 n ial is ;h an i 0 COMMISSIONERS City of Newport. Beach Au4ust 3. 1978 ROIL CALL - Carl Ackerman appeared before the Planning Commission to address the proposed redesign of the public parking lots in McFadden Square so as to replace parking meters with parking attendant Dr. Ackerman spoke in opposition to this conversion as he felt that more revenues would be derived by maintaining metered parking. Mike Singer appeared before the Planning Commission and commented on the importance to the area of the parking initiative. Bobbie Lovell appeared before the Planning Commission on behalf of the Central Newport Community Association and spoke in opposition to any commercial development within a parking structure inasmuch as this would cause more traffic congestion and density. Ms. Lovell then advised of the Central Newport Community Association's support of Newport Tommorrow's • recommendation relative to an off - peninsula parking area and associated tram /shuttle servic( in the summer months. John Shea, 2214 West Ocean Front, appeared befo the Planning Commission and expressed his opinion that the Cannery Village /McFadden Squari Specific Area Plan should be completed prior to proceeding with the parking study.. Suzie Zahn, Manager of Lido Village Shopping Center, appeared before the Planning Commission and commented on the operational characteristic, of the Lido Parking Structure and the need for additional parking in this area. Dick Kent, of Sham & Kent Architects, appeared before the Planning Commission and spoke in support of centralized parking as he felt the quality of the environment would be improved. Bill Blurock, 2300 Newport Boulevard, appeared before the Planning Commission and spoke on the need for a parking system and, therefore, urged implementation of the Parking Study. Jack Zaremba appeared before the Planning Commission and advised of his support of the Parking Study and urged consideration of a parking structure being constructed over the Ci Hall grounds or over the existing Imperial Savings and Loan parking lot. -5,- MINUTES S. re ty INDEX COMMISSIONERS MINUTES City of Newport Beach °4 �y August 3, 1978 ROU CAU Milbeth Brey, Chairman of the Central Newport Parking Committee, appeared before the Planning Commission and questioned whether it is necessary for the design and construction of the South Cannery Village parking project to be included a< a portion of the first phase of the parking program at this time. Bill Hurrell, of Wilbur Smith and Associates, reappeared before the Planning Commission to address Ms. Brey's question. Mr. Hurrell advised that the first phase of the parking progt does include the design and construction of the South Cannery Village parking project. Mr. Hurrf pointed out that once a Parking Authority is formed, it will move to implement the steps of Phase I. He added that as each step is implemented, it will require the approval of the Parking Commis.sion and other involved agencies. Therefore, any element of the parking program cat be deleted or modified at.any time. Tom Blurock, 223 - 24th Street, appeared before the Planning Commission and expressed his belief that the parking problem in this area is insolub' i !1 e I 'r i Ff INDEX • COMMISSIONERS � 9�iP} 7s OAP 2090 O,y City of Newport' Beach Auqust 3, 1978 ROLL CALL Motion X Motion was made that Planning Commission reopen All Ayes the public hearing and continue this item to the meeting of August 17, 1978. Request to consider an amendment to Title 20 of the Newport Beach Municipal Code establishing regulations for developments located on or adjacent to bluffs, to include building setbacks from the edge of bluffs, and other development standards. Initiated by: City of Newport Beach Advance Planning Administrator Dmohowski advised that staff is suggesting a policy to be added to those set forth in the staff report, dealing wit • the major,bluff sites, which could be incorporat General Plan, to wit: into the "The location and design of a proposed project shall maximize public access to the bluff areas as follows: "a) Public access to bluff areas shall be assured through the design of the local street system, and through the location of public trails and walk- ways adjacent to the bluffs. "b) Areas adjacent to the bluffs having significant view potential should be designated for use as view parks or vista points consistent with parkland dedication requirements." Public hearing was opened in connection with th, item and Keith Greer, representing The Irvine Company, appeared before the Planning Commission and concurred with the proposed policies, includ the additional policy suggested by Staff. Mr. Greer suggested that individual, already- develol lots not be governed by the proposed General P1i Amendment. -7- MINUTES h ed s 1 ing ied in INDEX Item #4 AMENDMENT N0. 507 , COMMISSIONERS City of Newport Beach August 3,1978 ROLL CALL Tim Wilkes, Architect, appeared before the Planning Commission.on behalf of Don Haskell, owner of property located at 2315 and 2317 Cliff Drive. Mr. Wilkes commented that a bluff setback applied to these lots would not be effective as the Bluff is set very far back from Coast Highway and is not highly visible. Mr. Wilkes advised that an existing deed restric tion on the lots limits building height to 7' above the street level. It was Mr. Wilkes' opinion that further restrictions on a bluff setback would make development of the property practically impossible, and therefore requested that these two lots be excluded from any new restrictions. Gordon Glass appeared before the Planning Commission and voiced concern with the definitic of "Bluff Areas" as set forth in the proposed Ordinance, i.e., landforms oriented toward the ocean or Upper Bay having a slope of 20 degrees or greater. It was Mr. Glass' opinion that this definition will render existing subdivided portions of the City illegal and nonconforming. With respect to the references made in the Ordinance relating to geologic safety, soil and foundation safety, erosion control, and ground- water control, Mr. Glass felt that these items should be made a part of the building permit approval process and not addressed in,an Ordina In view of the foregoing, Mr. Glass urged denial of the proposed Ordinance. Chuck McKenna, Attorney with the law firm of Paul., Hastings, Janofsky & Walker, appeared bef o the Planning Commission on behalf of Margaret E. Oser, property owner on Cliff Drive. Mr. McKenna stated for the record his concurrence with the testimony given by Gordon Glass. There being no others desiring to appear and be heard on this matter, the public hearing was closed. Motion X Following discussion, motion was made that the Ayes X X X X X X Planning.Commission recommend to the City Counc' Noes that an amendment to the General Plan be initiated,establishing development policies for the major bluff sites adjacent to the Upper Bay. -8- MINUTES nce re INDEX 0 i to COMMISSIONERS vc m B o • � v(�P vs o`�13 C GQ O,�p2 C2 City of Newport Beach August 3, 1978 ROLL CALL Motion K Motion was made that Planning Commission table All Ayes Amendment No. 507, being the draft Ordinance whic would apply to developments in previously - subdivided lots. Request.to permit an existing patio structure an( greenhouse to encroach over existing property lir Location: Lots 13, 14, and 47, Tract No. 7052, located at 2427 Vista Nobleza, on the westerly side of Vista Nobleza, westerly of Vista del Oro in North Bluffs. Zone: R -4 -13-2 P -R -D Applicants: Mr. and Mrs. Theodore L. Freeman, Newport Beach • Owner: Same as Applicant Public hearing was opened in connection with this item and Gordon Freeman, Applicant, appeared befi the Planning Commission and advised that he sur- veyed all property owners within 100 feet of the property in question and that they concurred tha any change to the present development would impa the appearance of the neighborhood. Mr. Freeman urged full approval of this modification and re- quested that the Planning Commission omit the condition recommended by staff relating to the alteration of property lines as he felt this wou be very difficult in view of the various vested interests involved. Dr. Ludwig, owner of property to the north of subject property, appeared before the Planning. Commission and read a letter he submitted to the Community Development Department in which he indicated his support of the existing patio structure as he feels that same is in harmony wi the design of the neighborhood. There being no others desiring to appear and be heard on this item, the public hearing was close -9- MINUTES h es ire it th E INDEX Item #5 MODIFI- CATION NO. 2239 CONTINUED TO AUG. 179 1978 COMMISSIONERS ROLL CALL Motion All Ayes MINUTES City of Newport Beach August 3, 1978 immission discussed the difficulty i legalizing the present development Uniform Building Code's fire require- •ing was reopened in connection with ind Gordon Freeman, Applicant, before the Planning Commission and :larification of the Uniform Building a requirements as they relate to the >f the greenhouse to other structures. consensus of the Planning Commission natter should be continued so as to for the Applicant to meet with the iey and Community Development Department i effort to find a suitable resolution Wation that would be in conformance iiform Building Code. made that this item be continued to the August 17, 1978. create one parcel of land so as to conversion of an existing duplex into a asidential condominium complex. Portions of Lots 1 through 6, Block 231, Corona del Mar, and a portion of an abandoned alley, located at 2520 -2522 Seaview Avenue, on.the northeasterly side of Seaview Avenue, between Carnation Avenue and Dahlia Avenue in Corona del Mar R -3 John T. and Doris Boisseranc, Laguna Beach Same as Applicants Donald E. Stevens, Inc., Costa Mesa ring was opened in connection with this oris Boisseranc, Applicant, appeared -10- • INDEX • Item #6 RESUBDI ISI N NO. 592 APPROVED IO—N- ALLY U Planning Cc involved ii due to the ments. Public_heai this item i reappeared requested 4 Code's fire proximity It was the that this i allow time City Attori staff in ai to this si with the Ui X Motion was meeting of Request to permit the two -unit r Location: Zone: Applicants Owners: Engineer: Public hea item and D immission discussed the difficulty i legalizing the present development Uniform Building Code's fire require- •ing was reopened in connection with ind Gordon Freeman, Applicant, before the Planning Commission and :larification of the Uniform Building a requirements as they relate to the >f the greenhouse to other structures. consensus of the Planning Commission natter should be continued so as to for the Applicant to meet with the iey and Community Development Department i effort to find a suitable resolution Wation that would be in conformance iiform Building Code. made that this item be continued to the August 17, 1978. create one parcel of land so as to conversion of an existing duplex into a asidential condominium complex. Portions of Lots 1 through 6, Block 231, Corona del Mar, and a portion of an abandoned alley, located at 2520 -2522 Seaview Avenue, on.the northeasterly side of Seaview Avenue, between Carnation Avenue and Dahlia Avenue in Corona del Mar R -3 John T. and Doris Boisseranc, Laguna Beach Same as Applicants Donald E. Stevens, Inc., Costa Mesa ring was opened in connection with this oris Boisseranc, Applicant, appeared -10- • INDEX • Item #6 RESUBDI ISI N NO. 592 APPROVED IO—N- ALLY U COMMISSIONERS. - F City of Newport Beach August 3, 1978 ROIL CALL before the.Planning commission and concurred wit the conditions of approval set forth in the staf report. There being no others desiring to appear and be heard, the public.hearing was closed. Motion X Motion was made that Planning commission make th Ayes X X X X X X following findings: Noes 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 each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 4. That each of the tenants of the proposed condominium will be given notice of an exclusive right to contract for the purchas of their respective units upon the same terms and conditions that such units will b initially offered to the general public or terms more favorable to the tenant.. and approve Resubdivision No. 592, subject to t following conditions: 1. That a Parcel Map be filed. 2. That there shall be submitted a declaration Covenants, Conditions and Restrictions., setting forth an enforceable method of insuring the continued maintenance of the existing landscaping, fencing, residential structure and utility facilities as well a! a requirement for any enforceable method of rehabilitation or replacement of the strut on the site. In addition the CC &Rs shall also include, for prospective owners,. -11- MINUTES he to INDEX COMMISSIONERS v cm v( 0� op pm 9 L m v`s�, vS amp %vc 'bz City of Newport Beach August 3, 1978 ROLL CALL disclosures regarding sound transmission between units and the absence of sound attenuation materials or construction if suc do not exist. The CC &Rs shall also include a disclosure of any common sewer line or other common utilities found to service the condominium and the maintenance responsi- bilities of said utilities. Furthermore, the City shall not be held responsible for any future problems with the subject utilit• in conjunction with the proposed conversion 3. That each tenant of the proposed condominiur shall be given 120 days written notice of intention to convert prior to termination o- tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community Development as evidence that this condition has been met. 4. That each of the tenants of the proposed condominium shall be given written notice o an exclusive right to contract.for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general pu lic or terms more favorable to the tenant. The right shall run for a period of not les than sixty days from the date of issuance o the subdivision public report issued pursua to Section 11018.2 of the Business and Professional Code, unless the tenant gives prior written notice of his intention not to exercise the right. A copy of said written notice shall be provided to the Dir of Community Development as evidence that this condition has been met. 5. That building and electrical permits shall be obtained for the work to be completed in conjunction with the special inspection on the site prior to the conversion of said duplex into a condominium complex. 6. That a licensed electrical, plumbing and mechanical contractor shall review existing systems and certify their condition to.the Building Official prior to conversion. -12- MINUTES +>0 nt ec -qor INDEX 0 • COMMISSIONERS • o�s� �y City of Newport Beach Aunnc+ 2 1Q7R ROLL CALL 7. That all existing fire protection equipment, such as but not limited to wet stand pipes, fire extinguishers, fire sprinkler systems, etc. shall be inspected prior to conversion. 8. That existing geological and soil conditions shall be reviewed. Where evidence of questionable geological or soil conditions are found to exist, the Building Official . shall have the authority to require new soil investigations. 9. That the dwelling units shall be required to meet the minimum state standards for sound separation between dwelling units. 10. That the dwelling shall be provided with smo detectors. 11. That consideration shall be given to providi each dwelling unit with a separate electrica service. 12. That two garage spaces (including one tanden parking space) shall be maintained for each, dwelling unit at all.times. Commissioner Beek opposed the motion as he felt that policies regarding condominium conversions should be established prior to taking action on conversion applications. Request to create one parcel of land so as to permit the conversion of an existing duplex inti a two -unit residential condominium complex. Location: Lot 7, Block 2, Section 4, Balbo Island, located at 107 and 109 The Grand Canal, on the westerly side of The Grand Canal, souther of Park Avenue on Balboa Island. Zone: R -1.5 • Applicants: Arnold c/o Beach -13- MINUTES INDEX 0 ke ng 1 Item #7 RESUBDI- > V SIGN NO. 596 I APPROVED CONDI- TIONALLY ly \lop °s OAP 1c vc City, of Newport Beach Auaust 3. 1978 ROLL CALL Owners: Same as Applicants Engineer: Robert Bein, William Frost & Associates, Newport Beach Public hearing was opened in connection with this item and John Richards, of Robert Bein, William Frost & Associates, appeared before the Planning Commission on behalf of the Applica and concurred with the conditions of approval set forth in the staff report. Gail Smith, Balboa Island Improvement Associatio appeared before the Planning Commission and questioned what the effect would be on parking should one or both of the new owners of the condominium decide to remodel the development. There being no others desiring to appear and be heard on this matter, the public hearing.was closed. Motion K Motion was made that Planning Commission make Ayes K X X K X X the following findings: Noes X 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 nc problems from a planning standpoint. 3. That each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. . 4. That each of the tenants of the proposed condominium will be given notice of an exclusive right to contract for the purcha: of their respective units upon the same terms and conditions that such units will I initially offered to the general public or terms more favorable to the tenant. -14- MINUTES n n, se >e INDEX • • City of Newport Beach August 3, 1978 ROLL CALL and approve Resubdivis.ion No. 596, subject to the following conditions: 1. That a Parcel Map be filed. 2. That there shall be submitted a declaration of Covenants, Conditions and Restrictions, setting forth an enforceable method of . insuring the continued maintenance of the existing landscaping, fencing, residential structure and utility facilities as well as a requirement for any enforceable method of rehabilitation or replacement of the structure on the site. In addition the CC &Rs shall also include, for prospective owners, disclosures regarding sound transmission between.units and the absence of sound attenuation materials or construc- tion if such do not exist. The CC &Rs shall also include a disclosure of any common sewer line or other common utilities found . to service the condominium and the maintenance responsibilities of said utilities. Furthermore, the City shall no be held responsible for any future problem! with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condomini shall be given 1.20 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community Devel.opment as evidence that this conditio has been met. 4. That each of the tenants of the proposed condominium shall be given written notice of an exclusive right to contract for the purchase of their respective units upon th same terms and conditions that such units will be initially offered to the general. public or terms more favorable to the tens The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report . issued pursuant to Section 11018.2 of the Business and Professional Code, unless thf tenant gives the right. A copy of said written notice shall be provided to the -15- MINUTES um nt. INDEX COMMISSIONERS pow 9` p�� ��f �� 2 •(�� F posy. p� Om ?iC �� n4 �1 City of Newport Beach August 3, 1978 ROLL CALL Director of Community Development as evidence that this condition has been met. 5. That the existing duplex shall be inspected and all building code violations, including but not limited to, bootlegged construction improperly maintained drainage systems, fir hazards or other evident problems shall be corrected prior to conversion. 6. That a licensed electrical, plumbing and mechanical contractor shall review existing systems and certify their condition to the Building Official prior to conversion. 7. That all existing fire protection equipment such as but not limited to, wet stand pipes fire extinguishers, fire sprinkler systems, etc. shall be inspected prior to conversion 8. That existing geological and soil condition shall be reviewed. Where evidence of questionable geological or soil conditions are found to exist, the Building Official shall have the authority to require new soils' investigations. 9. That the dwelling units shall be tested to determine if they meet the minimum state standards for sound separation between dwelling units. 10. That the dwellings shall be provided with smoke detectors. 11. That consideration shall be given to providing each dwelling unit with a separat electrical service. 12. That one covered parking space for one dwelling unit and two covered 'parking space for the second dwelling unit shall be maintained on the site at all times. Commissioner Beek opposed the motion as he felt that policies regarding condominium conversions should be established prior to taking action on conversion applications. -16- MINUTES • INDEX 0 COMMISSIONERS � T v� v( mom a� pm v 3 • � v(Sr v� ROLL CALL • Motion Ayes Noes City of Newport Beach Auaust 3. 1978 MINUTES create one parcel of land so as to conversion of an existing triplex into iit residential condominium complex. Lot 7, Block 110, Tract No. 234, located at 1024 West Balboa Boulevard, on the northerly side of West Balboa Boulevard between 10th Street and 11th Street on the Balboa Peninsula. R -3 Danner- Hardwick, West Balboa Condominiums, Orange Same as Applicant Robert Bein, William Frost and Associates, Newport Beach aring was opened in connection with . and John Richards, of Robert Bein, rost and Associates, appeared before the Commission on behalf of the Applicant rred with the Conditions of Approval in the staff report. ng no others desiring to appear and be this item, the public hearing was is made that Planning Commission make the 1 findings: the map meets the requirements of le 19 of the Newport Beach Municipal Code, ordinances of the City, all applicable !ral or specific plans and the Planning nission is satisfied with the plan of iivision. the proposed resubdivision presents no )lems from a planning standpoint. t each of the tenants of the proposed iominium will be given 120 days written ice of intention to convert prio.r.to -17- INDEX Item #8 RESUBDI- VISION NO. 598 APPROVED C NCI- TrWLY Request tc permit the a three -ul Location: Zone: Applicant Owner: Engineer: Public he this item William F Planning and concu set forth There bei heard on closed. X. Motion w� X X X X X X fol l owi nc X 1. Thal Tit' all gene Coml subs 2. Tha prol 3. Tha con not MINUTES create one parcel of land so as to conversion of an existing triplex into iit residential condominium complex. Lot 7, Block 110, Tract No. 234, located at 1024 West Balboa Boulevard, on the northerly side of West Balboa Boulevard between 10th Street and 11th Street on the Balboa Peninsula. R -3 Danner- Hardwick, West Balboa Condominiums, Orange Same as Applicant Robert Bein, William Frost and Associates, Newport Beach aring was opened in connection with . and John Richards, of Robert Bein, rost and Associates, appeared before the Commission on behalf of the Applicant rred with the Conditions of Approval in the staff report. ng no others desiring to appear and be this item, the public hearing was is made that Planning Commission make the 1 findings: the map meets the requirements of le 19 of the Newport Beach Municipal Code, ordinances of the City, all applicable !ral or specific plans and the Planning nission is satisfied with the plan of iivision. the proposed resubdivision presents no )lems from a planning standpoint. t each of the tenants of the proposed iominium will be given 120 days written ice of intention to convert prio.r.to -17- INDEX Item #8 RESUBDI- VISION NO. 598 APPROVED C NCI- TrWLY COMMISSIONERS 1\&0o�'A 2C yO City of Newport Beach August 3, 1978 ROLL CALL termination of tenancy due to the proposed conversion. 4. That each of the tenants of the proposed . condominium will be given notice of an exclusive right to contract for the purchas of their respective units upon the same terms and conditions that such units will b initially offered to the general .public or terms more favorable to the tenant. and approve Resubdivision No. 598, subject to the following conditions: 1. That a Parcel Map be filed. 2. That there shall be submitted a declaration of Covenants, Conditions and Restrictions, setting forth an enforceable method of insuring the continued maintenance of the existing landscaping, fencing, residential structure and utility facilities as well as a requirement for any enforceable method of rehabilitation or replacement of the Structure on the site. In addition the CC &Rs shall also include, for prospective owners, disclosures regarding sound trans- mission between units and the absence of sound attenuation materials or.constructior if such do not exist. The CC &Rs shall alsc include a disclosure of any common sewer line or other common utilities found to service the condomini.um and the maintenanc( responsibilities of said utilities: Furth( more, the City shall not be held responsib' for any future problems with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condominii shall be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community Development as evidence that this conditio has been met. 4. That each of the tenants of the proposed condominium shall be given written notice an exclusive right to contract for the -18- MINUTES INDEX �r- e • 1m I Df • COMMISSIONERS F oo� • v�s4 vS �� 1c vp City of Newport Beach August 3, 1978 ROLL CALL purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a peri of not less than sixty days from the date o issuance of the subdivision public report issued pursuant to Section 11018.2 of the Business and Professional Code, unless the tenant gives prior written notice of his intention not to exercise the right. A copy of said written notice shall be provid to the Director of Community Development as evidence that this condition has been ME 5. That a fireplace hearth be installed in the front dwelling unit as required by Code prior to the conversion of said triplex into a condominium complex. 6. That a licensed electrical, plumbing and . mechanical contractor shall review existini systems and certify their condition to the Building Official prior to conversion. 7. That all existing fire protection equipmen such as but not limited to, wet stand pipe! fire extinguishers, fire sprinkler systems etc. shall be inspected prior to conversio 8. That existing geological and soil conditio shall be reviewed. Where evidence of questionable geological or soil conditions are found to exist, the Building Official shall have the authority to require new soils' investigations. 9. That all dwelling units shall be tested to determine if they meet the minimum state standards for sound separation between dwelling units. 10. That all dwellings shall be provided with smoke detectors. 11. That consideration shall be given to provi each dwelling unit with a separate electri . service. 12. That one accessible carport space shall bE -19- MINUTES od f ed t. L,. n. ns din cal INDEX COMMISSIONERS F y(sf °s p�SO }�c vc 01 � f2 ROIL CALL Motion Ayes Noes City of Newport Beach August 3, 1978 rained for each dwelling unit at all ier Beek opposed the motion as he felt :ies regarding condominium conversions established prior to taking action on i applications. MINUTES N INDEX create one parcel of land so as to conversion of.an existing triplex •ee -unit residential condominium complex. Lot 8, Block 110, Tract No. 234, located at 1028 West Balboa Boulevard, on the northerly side of West Balboa Boulevard between 10th Street and 11th Street on the Balboa Peninsula. R -3 Danner - Hardwick, West Balboa Condominiums, Orange Same as Applicant Robert Bein, William Frost and Associates, Newport Beach aring was opened in connection with and John Richards, of Robert Bein, rust and Associates, appeared before the Commission on behalf of the Applicant rred with the Conditions of Approval set the staff report.. ng no others desiring to appear and be this item, the public hearing was closed. s made that Planning Commission make the findings: : the map meets the requirements of Title if the Newport Beach Municipal Code, all nances of the.City, all applicable genera specific plans and the Planning Commission satisfied with the plan of subdivision. -20- Item #9.. RESUBDI- VISION NO. 599 APPROVED MOT-- TIMELY • I • matni times Commission that polio should be conversiol Request ti permit thi into a tM Location: Zone- Applicant Owner: Engineer: Public he this item William F Planning and concu forth in There bet heard on X X X X X X X Motion wa following X 1. That 19 t ordi or s is s rained for each dwelling unit at all ier Beek opposed the motion as he felt :ies regarding condominium conversions established prior to taking action on i applications. MINUTES N INDEX create one parcel of land so as to conversion of.an existing triplex •ee -unit residential condominium complex. Lot 8, Block 110, Tract No. 234, located at 1028 West Balboa Boulevard, on the northerly side of West Balboa Boulevard between 10th Street and 11th Street on the Balboa Peninsula. R -3 Danner - Hardwick, West Balboa Condominiums, Orange Same as Applicant Robert Bein, William Frost and Associates, Newport Beach aring was opened in connection with and John Richards, of Robert Bein, rust and Associates, appeared before the Commission on behalf of the Applicant rred with the Conditions of Approval set the staff report.. ng no others desiring to appear and be this item, the public hearing was closed. s made that Planning Commission make the findings: : the map meets the requirements of Title if the Newport Beach Municipal Code, all nances of the.City, all applicable genera specific plans and the Planning Commission satisfied with the plan of subdivision. -20- Item #9.. RESUBDI- VISION NO. 599 APPROVED MOT-- TIMELY • I • COMMISSIONERS MINUTES City of Newport Beach Qa� • ���f �s �� Zc'co o9y <y August 3, 1978 ROLL CALL 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 4. That each of the tenants of the proposed condominium will.be given notice of an exclusive right to contract for the purchase of their respective units upon the same . terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. and approve Resubdivision No. 599, subject to the following conditions: 1. That a Parcel Map be filed. • 2. That there shall be submitted a declaration Covenants, Conditions and Restrictions,: setting forth an enforceable method of insuring the continued maintenance of the existing landscaping, fencing, residential. structure and utility facilities as well as a requirement for any enforceable method of rehabilitation or replacement of the structure on the site. In addition the CC &Rs shall also include, for prospective owners, disclosures regarding sound trans- mission between units and the absence of sound attenuation materials or constructior if such do not exist. The CC &Rs shall also include a disclosure of any common sew line or other common utilities found to service the condominium and the maintenanc( responsibilities of said utilities. Furth( more, the City shall not be held responsib' for any future problems with the subject utilities in conjunction with the proposed conversion. 3. That each tenant of the proposed condomini shall be given 120 days written notice of intention to convert prior to termination • of tenancy due to the proposed conversion. A copy of said written notice shall be provided to the Director of Community. -21- I U er I �r- e Im INDEX COMMISSIONERS r o�$p s 1 City of Newport Beach August 3, 1978 ROLL CALL Development as evidence that this condition has been met. 4.. That each of the tenants of the proposed condominium shall be given written notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a peri of not less than sixty days from the date of issuance of the subdivision public report issued pursuant to Section 11018.2 of the Business and Professional Code, unless the tenant gives prior written notic of his intention not to exercise the right. A copy of said written notice shall be provided to the Director of Community Development as evidence that this condition has been met. 5. That a fireplace hearth be installed in the front dwelling unit as required by Code prior to the conversion of said triplex in t, S, I . ns INDEX 0 COMMISSIONERS MINUTES City of Newport Beach • ROLL CALL • Motion All Ayes August.3, 1978 11. That consideration shall be given to pro- viding each dwelling unit with a separate electrical service. 12. That one accessible carport space shall be maintained for each dwelling unit at all times. Commissioner Beek opposed the motion as he felt that policies regarding .condominium conversions should be established prior to taking action on conversion applications. Request to permit the construction of a two - story . retail- office complex and related offstreet parking spaces on a site in a Specific Plan Area where a specific plan has not been adopted, and the acceptance of an environmental document. A modification to the Zoning Code is also requeste since.a portion of the related offstreet parking spaces encroaches into the required 10 foot rear yard. Location: Lots 24, 25 and 26, Block 331, Lancaster's Addition to Newport Beach, located at 410, 412 and 414 31st Street, on the southerly side of 31st Street between Newport Boulevard and Villa Way in Cannery Village. Zone: C -2 Applicant. Roger McKinnon, Corona del Mar Owner: Same as Applicant Planning Commission withdrew this item from the agenda at the request of the Applicant. -23- INDEX Item #10 SITE PLAN R W N0. 16 WITNORAWN COMMISSIONERS v�s'F vs o�P 2c v c P,F m'P f wqy y ROLL CALL Motion All Ayes Motion All Ayes MINUTES City of Newport Beach August 3, 1978 establish one building site and interior lot lines where three lots so as to permit the construction of an ail complex on the property. Lots 24, 25 and 26, Block 331, Lancaster's Addition to Newport Beach, located at 410, 412 and 414 31st Street, on the southerly side of 31st Street between Newport Boulevard and Villa Way in Cannery Village. C -2 Roger McKinnon, Corona del Mar Same as Applicant . Beigle- Brown, Inc.., Santa Ana :ommission withdrew this item from the the request of the Applicant. i permit the construction of additional I storage space in conjunction with the lewport Datsun and Beach Import a and service facilities on the property. Parcel No. 1 of Parcel Map 64 -26 (Resubdivision No. 462), located at 848 and 888 Dove Street, on the southeasterly side of Dove Street, southerly of Bowsprit Drive in Newport Place. P -C James H. Parkinson, Newport Beach Same as Applicant ;ommission continued this item to the f August 17, 1978. -24- • INDEX Item #11 RESUBDI -. VISION NO. 9 WITHDRAWN . • Item #12 USE PERMIT NT. 1880 CONTINUED T�U�. 17, n �J Request tc eliminate now exist office -ret Location: Zone: Applicant: Owner: Engineer: X Planning I agenda at Request ti office ani existing I automobil Location: Zone:' Applicant Owner: X Planning meeting o establish one building site and interior lot lines where three lots so as to permit the construction of an ail complex on the property. Lots 24, 25 and 26, Block 331, Lancaster's Addition to Newport Beach, located at 410, 412 and 414 31st Street, on the southerly side of 31st Street between Newport Boulevard and Villa Way in Cannery Village. C -2 Roger McKinnon, Corona del Mar Same as Applicant . Beigle- Brown, Inc.., Santa Ana :ommission withdrew this item from the the request of the Applicant. i permit the construction of additional I storage space in conjunction with the lewport Datsun and Beach Import a and service facilities on the property. Parcel No. 1 of Parcel Map 64 -26 (Resubdivision No. 462), located at 848 and 888 Dove Street, on the southeasterly side of Dove Street, southerly of Bowsprit Drive in Newport Place. P -C James H. Parkinson, Newport Beach Same as Applicant ;ommission continued this item to the f August 17, 1978. -24- • INDEX Item #11 RESUBDI -. VISION NO. 9 WITHDRAWN . • Item #12 USE PERMIT NT. 1880 CONTINUED T�U�. 17, n �J • COMMISSIONERS F v��f ys p�pOLC� 0 ROLL CALL Motion fl Ayes 4otion 11 Ayes MINUTES City of Newport Beach Auaust 3. 1978 reconstruct and upgrade an existing service station in the C -1 District Portions of Lots 1, 2, and 3, Block V, Tract No. 323, located at 3600 East Coast Highway, on the northeasterly corner.of East. Coast Highway and Orchid Avenue in Corona del Mar. C -1 Quist & Hayes, Inc., Costa Mesa Shell Oil Company, Anaheim ommission continued this item to the August 17, 1978. establish one building site and inter.ior lot lines where portions of now exist so as to reconstruct an service station on the property. Portions of Lots 1, 2, and 3, Block V, Tract No. 323, located at 3600 East Coast Highway, on the northeasterly corner of East Coast Highway and Orchid Avenue in Corona del Mar. C -1 Quist & Hayes, Inc., Costa Mesa Shell Oil Company, Anaheim, Same as Applicant Commission continued this item to the f August 17, 1978. -25- INDEX Item #13 USE PERMIT NT. 1879 - CONTINUED TO A 17, 975 8 Item #14 RESUBDI- VISION NO. 5?5 CONTINUED 1978 Request to automobile Location: Zone: Applicant: Owner: Planning C meeting of Request tc eliminate three lots automobil( Location: Zone: Applicant Owner: . Engineer: X Planning meeting o reconstruct and upgrade an existing service station in the C -1 District Portions of Lots 1, 2, and 3, Block V, Tract No. 323, located at 3600 East Coast Highway, on the northeasterly corner.of East. Coast Highway and Orchid Avenue in Corona del Mar. C -1 Quist & Hayes, Inc., Costa Mesa Shell Oil Company, Anaheim ommission continued this item to the August 17, 1978. establish one building site and inter.ior lot lines where portions of now exist so as to reconstruct an service station on the property. Portions of Lots 1, 2, and 3, Block V, Tract No. 323, located at 3600 East Coast Highway, on the northeasterly corner of East Coast Highway and Orchid Avenue in Corona del Mar. C -1 Quist & Hayes, Inc., Costa Mesa Shell Oil Company, Anaheim, Same as Applicant Commission continued this item to the f August 17, 1978. -25- INDEX Item #13 USE PERMIT NT. 1879 - CONTINUED TO A 17, 975 8 Item #14 RESUBDI- VISION NO. 5?5 CONTINUED 1978 COMMISSIONERS v �iom F S O C 1 ROLL CALL Motion Al Ayes MINUTES City of Newport Beach August 3, 1978 • INDEX Item #15 remodel and expand an existing non- USE PERMIT — single family dwelling and an, tique NO77878 M -1 District. Request to CONTINUED A portion of Lot 3, Block 329, TO AUG. 17 Lancaster's Addition, located at 197 505 29th Street, on the northerly conforming side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. M -1 shop in th Rick Lawrence, Newport Beach Same as Applicant ommission continued this item to the August 17, 1978. Location: Item #16 amend a previously approved use permit USE PERMIT tted the remodeling of an existing building that included the establish- Zone: new "take -out" restaurant, the of the former Alley West Restaurant APPROVED — lith on -sale alcoholic beverages C N� DI- i named The Ritz Restaurant) and the Applicant: nent of a new two -story cocktail th live entertainment, dancing and on -sal beverages. The proposed development the originally- approved plans. Owner: Lot 19, Block 21, Newport Beach X Tract, located at 2106 West Ocean Front, on the northwesterly corner of West Ocean Front and Planning C McFadden Place, in McFadden Square. C -1 Rick Lawrence, Newport Beach Same as Applicant meeting of Request tc that permi commercial ment of a expansion facility o (i.e., not establish) lounge wi, alcoholic modifies Location: Zone: Applicant Owner: INDEX -26- Item #15 remodel and expand an existing non- USE PERMIT — single family dwelling and an, tique NO77878 M -1 District. CONTINUED A portion of Lot 3, Block 329, TO AUG. 17 Lancaster's Addition, located at 197 505 29th Street, on the northerly side of 29th Street between Villa Way and Lafayette Avenue in Cannery Village. M -1 Rick Lawrence, Newport Beach Same as Applicant ommission continued this item to the August 17, 1978. • Item #16 amend a previously approved use permit USE PERMIT tted the remodeling of an existing building that included the establish- MEND D new "take -out" restaurant, the of the former Alley West Restaurant APPROVED — lith on -sale alcoholic beverages C N� DI- i named The Ritz Restaurant) and the TION LLY nent of a new two -story cocktail th live entertainment, dancing and on -sal beverages. The proposed development the originally- approved plans. Lot 19, Block 21, Newport Beach Tract, located at 2106 West Ocean Front, on the northwesterly corner of West Ocean Front and McFadden Place, in McFadden Square. C -1 Rick Lawrence, Newport Beach Same as Applicant -26- COMMISSIONERS vp� v p0 F yes} • City of Newport Beach August 3, 1978 ROLL CALL Public hearing was opened in connection with this item and James Parker appeared before the Planning Commission on behalf of the Applicant. Mr. Parker reviewed the proposed amendments to previously- approved Use Permit No. 1717 and commented that these amendments represent a lower intensity. Mr. Parker advised that the structure in question is one of the oldest in the City and that he believes it will quality ft the National Register of Historical Monuments. In conclusion, Mr. Parker requested that Conditi No. 7 as set forth in the staff report be approi so as to allow the Applicant to purchase annual permits from the City in lieu of providing the required parking spaces in an approved offsite location. John Shea appeared before the Planning Commissii and expressed his belief that no parking should be waived in this case inasmuch as the area in question is already lacking in parking space. Hans Prager, Operator of The Ritz Restaurant, appeared before the Planning Commission and spoke in opposition to the granting of a dancin permit as it may attract a lower quality of clientele. Raymond Smith appeared before the Planning Commission and spoke in opposition to the propo delicatessen being permitted to operate on a 24 -hour basis. It was Mr. Smith's opinion that same could be a police problem and would be detrimental to the area. Aside from the fore- going, Mr. Smith felt the development as propos would be an excellent addition to the area. Dean French appeared before the Planning Commission and spoke in opposition to the Applicant being permitted to purchase annual permits from the City in lieu of providing the required parking spaces as he felt same would further congest the area and would be unfair t( other businesses in the area. -27- MINUTES on ed )n sed ed INDEX COMMISSIONERS v t� y�ss. v� pip yc GQ oy City of Newport Beach Auqust 3, 1978 ROLL CALL Sidney L: Soffer appeared before the Planning Commission and commented on the lack of parking spaces in McFadden Square and voiced his belief that the need for same should not be increased. There being no others desiring to appear and be heard on this matter, the public hearing was closed. Motion X Motion was made that Planning Commission make the following findings: (This motion 1. That the proposed use, is consistent with thi was later Land Use Element of the General Plan and is voted on compatible with surrounding land uses. The and car- proposed development will be an asset to ried. See McFadden Square, and will help rehabilitate Page 30) a blighted area in the City. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 1717 (Amende 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 neighbor hood or the general welfare of the City. and approve Use Permit No. 1717 (Amended), subje to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all signs shall meet the requirements of Chapter 20.06 of the Newport Beach Munic Code. 3. That all mechanical equipment and trash are be screened to the satisfaction of the Department of Community Development. -28- MINUTES d) C ip as INDEX 0 • 0 COMMISSIONERS �cF yr �� � yr � s �i Sri City of Newport Beach August 3, 1978 ROLL CALL 4. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. 5. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air.Pollution Control District. 6. That the Applicant shall obtain the service . of.an acoustical engineer and shall provide evidence of existing ambient outside noise levels. The building shall be insula in such a manner as to maintain outside. sound at the existing ambient level. 7. That an offsite parking agreement shall be approved by the Planning Commission and the City Council, guaranteeing that a minimum . of 12 parking spaces shall be provided in a . approved offsite location for the duration of the proposed development on the property in question. 8. That all provisions of the Uniform Building Code shall be required in conjunction.with the extensive remodeling of the structure.. 9. That there be no dancing in the new restaurant. 10. That the delicatessen's hours of operation be from 6:00 a.m. to 2:00 a.m. Motion X Amended motion was made that an additional . to the original motion so Ayes X X X X X condition be added as to that the time limit of Use Permit Noes X X provide 1717 (Amended) will coincide with the original permit, which motion failed. Motion X Amended motion was made that the original motia the Ayes X X be revised so as to require that parking for the new restaurant be computed on Noes X X X X X spaces the basis of one parking space per every 30 sqi feet of public area, which motion failed. _P9_ MINUTES S use n are INDEX COMMISSIONERS F O O C vC�f vs F� 1c vP ROLL CALL Ayes Noes Motion Ayes Noes Abstain Motion Ayes Noes Motion All Ayes Motion All Ayes City of Newport Beach August 3. 1978 lotion was voted MINUTES N INDEX •ocedure of the days of the and third 'hursday preceding 'each month; �gular meetings emission ig Commission's as to change the )m the first th to the Thursday Mondays of rig Commission's as to change the )m 7:00 p.m. olution No. 1014 eral Plan y Amendments for er* were excused 1978. tion, Commissioner Community t that he would meeting of, Item #17 RULES OF PROCEDURE U R -1014 ADPTD is X X X X X Commissioner Balalis' original n X on and carried. Request to amend the Rules of PI Planning Commission changing the regular meetings from the first Thursdays of each month to the the second and fourth Mondays o' and, changing the hour of the ri from 7:00 p.m. to 7:30 p.m. Initiated by: Planning Coi X Motion was made that the Plannii X X X Rules of Procedure be amended s X X X days of the regular meetings fri X and third Thursdays of each mon preceding the second and fourth each month, which motion failed X Motion was made that the Planni X X X X Rules of Procedure be amended s X X X hour of the regular meetings fr to 7:30 p.m. ADDITIONAL BUSINESS X Planning Commission adopted Res setting public hearings for Gen Amendments and Planned Communit September 7, 1978. X Commissioners Cokas and Haiding from the meeting of August 17, *Note: Subsequent to this ac Haidinger advised the Development Departmer be able to attend the August 17, 1978. -30- lotion was voted MINUTES N INDEX •ocedure of the days of the and third 'hursday preceding 'each month; �gular meetings emission ig Commission's as to change the )m the first th to the Thursday Mondays of rig Commission's as to change the )m 7:00 p.m. olution No. 1014 eral Plan y Amendments for er* were excused 1978. tion, Commissioner Community t that he would meeting of, Item #17 RULES OF PROCEDURE U R -1014 ADPTD is COMMISSIONERS MINUTES City of Newport Beach yc``c t .t August 3, 1478 ROLL CALL There being no further business, Planning Commission adjourned at 11:50 p.m. GEOR E 0KAS, Secretary City of Newport Beach Planning Commission • -31- INDEX