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HomeMy WebLinkAbout08/05/1982�/V1 /VtlJJMV[ICJ REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers X TIME: 7 :30 p.m. m E m .DATE: August 5, 1982 w City of Newport Beach a O m XIXiXIX 1( a I *1 Commissioner Allen was absent. x * EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney -1- MINUTES INDEX STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Robert Lenard, Advance Planning Administrator Donald Webb, City Engineer Pamela Woods, Secretary x • x Chairman King made a special presentation to past Planning Commission Chairman, Helen McLaughlin, in which she received a personalized gavel. APPROVAL OF THE MINUTES Minutes of July 8, 1982 Motion X Motion was made to approve the Minutes of the Planning All Ayes X X X X X X * Commission Meeting of July 8, .1982, as written, which MOTION CARRIED. Minutes of July 22, 1982 Motion x Motion was made to approve the Minutes of the Planning Ayes X X Y X X Commission Meeting of July 22, 1982, as written, which Abstain X MOTION CARRIED. Absent -1- MINUTES INDEX August 5, 1982 of Newport Beach MINUTES INDEX Request to establish an entertainment center with Item #1 electronic games of skill in an existing building (i.e. The Balboa Inn) located in the C -1 District. LOCATION. Lots 12, 13, 14, 15 & 16, Block 10, Balboa Tract, located at 105 Main Street, on the northwesterly corner of USE PERMIT Main Street and West Ocean Front in N0. 2075 Central Balboa. ZONE: C -1 -Z APPLICANT: Chien -Shan Wang, Balboa OWNER: Same as applicant -�DEP Planning Director Hewicker referred to the staff report and presented background information related to this request. He stated that this application does not meet . all of the criteria as set forth in the Video Game Ordinance, which is to be adopted by the City Council on Monday, August 9, 1982. Commissioner. Balalis stated that the portion of the building which is leased out to a basket shop, displays their merchandise on the public sidewalk during the weekends. Planning Director Hewicker stated that the Code Enforcement Officer has already scheduled a visit with the store operator. . The public hearing opened in connection with this item and Mr. Chien -Shan Wang, the applicant, appeared before the Commission and requested approval of this application. In response to a question posed by Commissioner McLaughlin, Mr. William Laycock, Current Planning Administrator, stated that the applicant has requested a 9:00 p.m. closing time, rather than an 11:00 p.m. closing time. I I I ( I I Commissioner Balalis expressed his concern with the cumulative effect that this application may have, in that the total square footage of the use and the total • I I I I I I I number of video games in operation will change at the end of the one year lease term. -2- ED m o m cc T n m D August 5, 1982 of Newport Beach MINUTES INDEX Request to establish an entertainment center with Item #1 electronic games of skill in an existing building (i.e. The Balboa Inn) located in the C -1 District. LOCATION. Lots 12, 13, 14, 15 & 16, Block 10, Balboa Tract, located at 105 Main Street, on the northwesterly corner of USE PERMIT Main Street and West Ocean Front in N0. 2075 Central Balboa. ZONE: C -1 -Z APPLICANT: Chien -Shan Wang, Balboa OWNER: Same as applicant -�DEP Planning Director Hewicker referred to the staff report and presented background information related to this request. He stated that this application does not meet . all of the criteria as set forth in the Video Game Ordinance, which is to be adopted by the City Council on Monday, August 9, 1982. Commissioner. Balalis stated that the portion of the building which is leased out to a basket shop, displays their merchandise on the public sidewalk during the weekends. Planning Director Hewicker stated that the Code Enforcement Officer has already scheduled a visit with the store operator. . The public hearing opened in connection with this item and Mr. Chien -Shan Wang, the applicant, appeared before the Commission and requested approval of this application. In response to a question posed by Commissioner McLaughlin, Mr. William Laycock, Current Planning Administrator, stated that the applicant has requested a 9:00 p.m. closing time, rather than an 11:00 p.m. closing time. I I I ( I I Commissioner Balalis expressed his concern with the cumulative effect that this application may have, in that the total square footage of the use and the total • I I I I I I I number of video games in operation will change at the end of the one year lease term. -2- ED MINUTES August 5, 1982 m mr.- 3 City of Newport Beach INDEX Commissioner Balalis also expressed his concern that this area could become similar to the arcades at the Fun Zone. He further stated that video game applications should not be considered until after the Video Game Ordinance is in effect. Planning Director Hewicker stated that the Video Game Ordinance contains criteria for video game uses and also provides that the Planning Commission can waive these standards upon considering and making the proper findings. In response to a question posed by Commissioner Goff, Mr. Laycock stated that the applicant is currently requesting to utilize the area adjacent to the courtyard for the video game operation. He stated that at the end of the one year lease term, the applicant would then expand his video game operation into the area adjacent to East Ocean Front. Mr. Laycock stated • that until the one year lease term expires, the applicant will be utilizing approximately 418 square feet. He stated that the applicant is requesting 40 machines at this time, so that the use permit would not have to be amended when he begins utilizing the leased space. In response to a question posed by Chairman King, Planning Director Hewicker stated that building permits may be required for the removal of the interior walls. He stated that the removal of the interior walls may be necessary for the requirement of the adult supervisor. Ms. Georgia Mahoney, resident of 814 East Ocean Front, and representing two other property owners in the immediate area, appeared before the Commission. Ms. Mahoney expressed her concern that the Fun Zone will be moving into the Balboa Inn with the approval of this request. She stated that the Balboa Pier Area is experiencing serious problems, including noise, litter, burglaries and robberies. She stated that her home is in close proximity to this request and urged that this application be denied. I I I I I Mr. Wang stated that by closing his video game operation by 9:00 p.m., the residential uses in the • area will not be adversely affected. -3- C O/" /VX15YJNtKS MINUTES August 5, 1982 r{ r? c m � m w City of New ort Beach CALL INDEX Motion I IX I I I I I I Motion was made for approval of Use Permit No. 2075, subject to the findings and conditions of Exhibit "A ". Commissioner Balalis stated that the Balboa Inn should not become another Fun Zone. Therefore, he stated that_ he would be making a substitution motion for denial. He stated that there are no assurances that the Balboa Inn can control the video game operations. He stated that other uses, such as the basket shop, can not be controlled by the Balboa Inn. He stated that there are enough problems in this immediate area, that additional problems should not be imposed._ Commissioner McLaughlin stated that the problems with the operation of the basket shop should have no bearing on this request. She further stated that there is no proof that the patrons of the proposed video game • operation will be vandalizing homes and brawling in the street. Substitute Substitute Motion was made for denial of Use Permit No. Motion X 2075, subject to the following Findings, which MOTION Ayes X X X X CARRIED: Noes JX Absent * FINDINGS: • IIIIIIII 1. That the proposed entertainment center will result in a significant increase in the intensity of use on the subject property, impacting adjacent businesses and residential uses. 2. The approval of Use Permit No. 2075 will, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property or improvements in the neighborhood and the general welfare of the City. IM August 5, 1982 of Newport Beach MINUTES INDEX Request to consider an amendment to a portion of Item #2 Districting Map No. 9 to reclassify the Marinapark Mobile Home Park site from the Unclassified District to the Unclassified /MHP District. LOCATION: The Marinapark Mobile Home Park ., property, located at 1770 West Balboa AMENDMENT Boulevard, northerly of West Balboa FO. 5 66 Boulevard, between 15th Street and 18th Street on the Balboa Peninsula. ZONE: Unclassified APPLICANT: City of Newport Beach OWNER: Same as applicant .Planning Director Hewicker presented information on the most recent sales of coaches in the Marinapark Mobile • Home Park. He stated that indications are that people are paying somewhere in the neighborhood of $75,000 to $90,000 as a lot premium for space in Marinapark, recognizing that the leases expire in 1985. He added that each individual sale and new lease has to be approved by the City Council. • The public hearing opened in connection with this item and Mr. James Parker, 1201 Dove Street, representing the tenants of Marinapark Mobile Home Park, appeared before the Commission. Mr. Parker stated that this issue is virtually identical to that of the DeAnza Mobile Home Park issue. He stated that the overlay zone provides an added layer of protection for the actual residents of the mobile home.park. Mr. Parker stated that in this particular case, the City of Newport Beach is the landowner. He stated that the overlay zone.requires that a landowner who wishes to change a mobile home use to another use, must present a specific plan. He stated that this plan must go through the public hearing process and must allow for relocation assistance, as required by State law. He stated that the tenants of Marinapark are in favor of the overlay zone. -5- DENIED � r � m = m a; n m D c August 5, 1982 of Newport Beach MINUTES INDEX Request to consider an amendment to a portion of Item #2 Districting Map No. 9 to reclassify the Marinapark Mobile Home Park site from the Unclassified District to the Unclassified /MHP District. LOCATION: The Marinapark Mobile Home Park ., property, located at 1770 West Balboa AMENDMENT Boulevard, northerly of West Balboa FO. 5 66 Boulevard, between 15th Street and 18th Street on the Balboa Peninsula. ZONE: Unclassified APPLICANT: City of Newport Beach OWNER: Same as applicant .Planning Director Hewicker presented information on the most recent sales of coaches in the Marinapark Mobile • Home Park. He stated that indications are that people are paying somewhere in the neighborhood of $75,000 to $90,000 as a lot premium for space in Marinapark, recognizing that the leases expire in 1985. He added that each individual sale and new lease has to be approved by the City Council. • The public hearing opened in connection with this item and Mr. James Parker, 1201 Dove Street, representing the tenants of Marinapark Mobile Home Park, appeared before the Commission. Mr. Parker stated that this issue is virtually identical to that of the DeAnza Mobile Home Park issue. He stated that the overlay zone provides an added layer of protection for the actual residents of the mobile home.park. Mr. Parker stated that in this particular case, the City of Newport Beach is the landowner. He stated that the overlay zone.requires that a landowner who wishes to change a mobile home use to another use, must present a specific plan. He stated that this plan must go through the public hearing process and must allow for relocation assistance, as required by State law. He stated that the tenants of Marinapark are in favor of the overlay zone. -5- DENIED MINUTES August 5, 1982 City of Newport Beach INDEX Commissioner Balalis asked how many full time tenants reside in Marinapark. Mr. Parker stated that of the 58 spaces in Marinapark, the staff report indicates that there are 23 permanent residents. Commissioner Balalis questioned the definition of a, permanent resident. Mr. Parker stated that many tests have been applied to determine what constitutes a permanent resident, such as number of days a person sleeps in a given place, if the person is registered to vote at that location, or if the person's children attend school in the district. Mr. Parker stated that although Marinapark does not have a 100 percent occupied permanent residency, he stated that 50 percent of the people who signed their leases in 1973 with Marinapark, are still residing in the Park. He also stated that some of the tenants, which are not on a full -time basis, have resided at • Marinapark for a cumulatively longer period than others, which indicates an on -going commitment. He stated that many of the permanent residents of Marinapark are senior citizens. Chairman King stated that he does not .assess absentee owners as having any commitment to the City. He stated that if the absentee owners have an income generating piece of property, it is in their best interest to continuing renewing the lease year after year. Chairman King stated that this issue and the DeAnza Mobile Home Park issue are significantly different, in that the landlords are different, one being the City, as opposed to a private landlord. He stated that this proposal would cause the City to take an action against itself, by adding another layer of both cost and time, when the area is public tidelands and has been planned as public recreation open -space for some time. Mr. Parker stated that the City imposed this overlay zone protection for the tenants of the DeAnza Mobile Home Park and should provide the same protection for -6- ivu5 MINUTES August 5, 1982 3 � � r c m � m D of Newport Beach INDEX the tenants of Marinapark. He stated that the City will undoubtedly require this layer of protection for the tenants of the other mobile home parks within the City and will impose this overlay zone on every private owner of mobile home parks in the City. He stated that because the City is the landowner in this particular. case, the City should not be exempt from the overlay zone, which it imposes on private landowners. Commissioner Salalis stated that the Local Coastal Plan and the Housing Element designates this property as recreational and environmental open space. He stated that the other mobile home parks within the City do not have this designation. Therefore, he stated that a specific plan need not be developed for this property, as all of the documents indicate an existing plan for recreational and environmental open space on the Marinapark property. • Mr. Parker stated that the current lease which exists between the City and the tenants of Marinapark, grants to the tenants the option to renew the term of the lease for an additional period of time, unless the City has decided and adopted a specific plan to use the tidelands for tideland purposes, or to use the Park for some other public purpose. He stated that the City has retained for itself, the absolute right to control its desired use of the property. However, he stated that the City is required to formally adopt such a plan. He stated that the adoption of the mobile. home overlay zone requires the City to adopt such a plan. Mr. Parker referred to a mobile home park in the Malibu area which was owned by a governmental entity. He stated that the leases were cancelled and all of the tenants moved out, because the mobile home park was to be converted for public purposes. He stated that this occurred several years ago and the property still sits vacant, because the governmental entity did not have a specific plan for the property and did not go through the public hearing process. • I I( I I I I -7- � c m " W D August 5, 1982 of Newport Beach Mr. Parker stated that the Marinapark property is valuable land and the mobile home park is a good interim use which meets a number of City policies, such as providing a variety of housing within the City. He stated that this is probably the closest to affordable' housing within the City of Newport Beach. Chairman King stated that a mobile home 'park is a good interim use of the property and that the City is committed to that use until the lease expires in 1985. Mr. Parker referred to the Marinapark Planning Study which he stated is 10 years old. He stated under the mobile home overlay zone, the City would be required to develop and adopt a specific plan which can be defined to the tenants of Marinapark before they are displaced and relocated. Commissioner Balalis stated that the tenants of Marinapark have a contractural agreement with the City . for a specified amount of time in their lease until 1985 and a specified time of renewal for five years, unless the City takes other action. He stated that the placement of an overlay zone on Marinapark, accomplishes absolutely nothing for the tenants of Marinapark. He stated that the overlay zone provides protection for other mobile home park. tenants, where the tenants do not have a specified length of time for occupancy. • Mr. Parker stated that according to the terms of the lease, the City Council could theoretically say that Marinapark is no longer required for any public trust purpose or any other public purpose, and Marinapark would no longer be in existence after 1985. , He stated that the imposition of the overlay zone on Marinapark would add more protection to the tenants of the Marinapark Mobile Home Park. He stated that the City should subject themselves to the same public hearing process, as any other landowner in the City would have to. Mr. Parker stated that the Local Coastal Plan only indicates that the Marinapark property will rezoned for an open space district. am MINUTES INDEX � r c ro ' 07 c a T. 61 m D MINUTES August 5, 1982 of Newport Beach INDEX Planning Director Hewicker stated that the LCP Land Use - Plan contains language that the mobile home park will be retained and public access improved bayward of the mobile home park. He stated that prior to the time that the City can change the use of the property, public hearings would have to be held and it would have to be heard by the Coastal Commission, before the LCP Land Use Plan could be changed. Mr. Robert Burnham, Assistant City Attorney, - referred to the gift of public funds issue and stated that if DeAnza Bayside wants to redevelop their property, they can fund the relocation, benefits, and compensation which would have to be paid to the existing tenants through the profits which would be derived from the redevelopment of the DeAnza property. He added that the City does not have this option, in this particular case. He stated that in the event the overlay zone is approved for Marinapark, the issue of the gift of public funds should be researched further. • Mr. Tom Heinz, resident of 217 19th Street, appeared before the Commission and stated that the tenants of Marinapark are approaching the end of their ten year lease. He stated that there is a need for public use facilities in the area for boating purposes. He suggested that during the next two years, a solid proposal should be developed for this property. Commissioner Balalis expressed his concern with the metal posts which impede access to the area. Mr. Heinz concurred and stated that these should be removed to improve public access. Ms. Rae Cohen, resident of 1501 Antigua Way, and Chairman of the Subcommittee for Marinapark for the Parks, Beaches and Recreation Commission, appeared before the Commission. Ms. Cohen stated that the Parks, Beaches and Recreation Commission voted 6 Ayes and 1 Abstention, that the request for a Mobile Home Park overlay zone for Marinapark be denied and that the Marinapark area be pursued for development as a marine and beach park. She stated that there is a great need for additional bay access for small boat launching in this area and dingy storage. She stated that this • property should now be utilized for public purposes, since it has been leased property since 1955. MINUTES � r c m � m c n x m m a August 5, 1982 of Newport Beach INDEX Commissioner Winburn asked Ms. Cohen how the swimming beach and the small boat launching area between 18th and 19th Street is progressing. Ms. Cohen stated that this area is being utilized by the public, but the street ends are congested because there is not enough space for the boats and trailers to park. She stated that there are many residents of Newport Beach . who desire access to the bay and the Marinapark property is a good location. Commissioner Balalis suggested that the Parks, Beaches and Recreation Commission also consider providing some type of housing for a mixed -use concept in this area.. He expressed his concern for the tenants of Marinapark who have resided at the Park on a full time basis for at least the last five years. He suggested that perhaps 25 residential units be provided, along with the proper parking, and small boat launching facilities, which would constitute a multi -use • facility. Commissioner Goff asked if a mobile home park is an appropriate use for tidelands trust land. Mr. Burnham stated that this question has been asked in the past. He stated that the answer depends upon -the size of the parcel, the type of residential uses, and the duration of time involved. In response to a hypothetical question posed by Commissioner Goff, Mr. Burnham stated that if litigation in the future were determine that a mobile home park is not an appropriate use for tidelands trust land, the existing tenants would be given the right, over an extended period of time, to relocate. He also stated that such a litigation would be subject to appeal. Commissioner Kurlander stated that the California Civil Code requires a 12 -month notice for the change of use of a mobile home park. He stated that in the event of such a change, the tenants would be given a minimum 12- • month notice. -10- MINUTES August 5, 1952 of Newport Beach INDEX Mr. Parker stated that the City Council has determined several times in the past that a mobile home park is not an improper use of tidelands trust land. He stated that the gift of public funds issue is a legitimate question. However, he referred to the State Civil Code and stated that the City, as the mobile home park_ owner, may be required to provide compensation for relocation expenses for the tenants in the event that the mobile home park use is changed. Mr. Parker stated that the Marinapark property would be the worst place on the Peninsula to place a boat launching facility, because of the already existing traffic congestion in the area. I I I I I I In summarizing, Mr. Parker stated that the Mobile Home Park overlay zone for Marinapark is a fair requirement for the City to impose on itself. He urged the Commission to adopt the overlay zone for Marinapark. • Commissioner Winburn stated that as a past member of the Parks, Beaches and Recreation Commission, many locations have been considered for a small boat launching facility on the bay. She stated that the Marinapark location is the only feasible location for the use of boat trailers and parking spaces. Mr. Parker stated that the parking and traffic congestion in this area will be staggering if boat launching facilities are provided at this location. He stated that boat launching facilities would be more feasible in the upper bay area. Commissioner King asked Mr. Parker if he would be agreeable to an overlay zone which would expire in five years. Mr. Parker stated that this would defeat the purpose of the overlay zone. He stated that the overlay zone requires that the landowner develop a specific plan for the property. He stated that a specific plan is what the tenants want. Commissioner King stated that he can not support an overlay zone which would dictate the City imposing another layer of government upon itself. He stated that in the case of a private developer in a private park, the money spent on the overlay zone is hopefully • recaptured in the resulting redevelopment. -11- ;K r c � w m x G] D c n m August 5, 1952 of Newport Beach INDEX Mr. Parker stated that the City Council has determined several times in the past that a mobile home park is not an improper use of tidelands trust land. He stated that the gift of public funds issue is a legitimate question. However, he referred to the State Civil Code and stated that the City, as the mobile home park_ owner, may be required to provide compensation for relocation expenses for the tenants in the event that the mobile home park use is changed. Mr. Parker stated that the Marinapark property would be the worst place on the Peninsula to place a boat launching facility, because of the already existing traffic congestion in the area. I I I I I I In summarizing, Mr. Parker stated that the Mobile Home Park overlay zone for Marinapark is a fair requirement for the City to impose on itself. He urged the Commission to adopt the overlay zone for Marinapark. • Commissioner Winburn stated that as a past member of the Parks, Beaches and Recreation Commission, many locations have been considered for a small boat launching facility on the bay. She stated that the Marinapark location is the only feasible location for the use of boat trailers and parking spaces. Mr. Parker stated that the parking and traffic congestion in this area will be staggering if boat launching facilities are provided at this location. He stated that boat launching facilities would be more feasible in the upper bay area. Commissioner King asked Mr. Parker if he would be agreeable to an overlay zone which would expire in five years. Mr. Parker stated that this would defeat the purpose of the overlay zone. He stated that the overlay zone requires that the landowner develop a specific plan for the property. He stated that a specific plan is what the tenants want. Commissioner King stated that he can not support an overlay zone which would dictate the City imposing another layer of government upon itself. He stated that in the case of a private developer in a private park, the money spent on the overlay zone is hopefully • recaptured in the resulting redevelopment. -11- August 5, 1982 of Newport Beach Planning Director Hewicker stated that the Commission may want to bring to the attention of the City Council the steps which would have to be taken in order for a new use to be considered before the termination of the lease in 1985. He suggested that perhaps the Parks,. Beaches and Recreation Commission could be directed to initiate the additional studies and come up with a plan and the Planning Department could then initiate an amendment to the LCP Land Use Plan when feasible. MINUTES INDEX MOtion X Motion was made to recommend to the City Council that Ayes X X X X X Amendment No. 576, be denied and further recommended Abstain X that the Parks, Beaches and Recreation Commission be Absent * directed to initiate the additional studies to come up with a plan for this area and the Planning Department could then initiate an amendment to the LCP Land Use Plan when feasible, which MOTION CARRIED. - • * * * Request to permit the installation of outdoor lighting on 20 foot high standards in conjunction with an existing tennis court in the R -1 -B -2 District. LOCATION: A portion of Lot 287, Newport Heights Tract, located at 2321 22nd Street on USE the southerly side of 22nd Street, N0. between Irvine Avenue and Tustin Avenue. _ - ZONE: R -1 -B -2 APPLICANT: Roger Luby, Newport Beach OWNER: Same as applicant Mr. Robert Burnham, Assistant City Attorney, stated that although Commissioner Goff was not a member of the Commission at the time this item was first introduced on the Agenda, he stated that Commissioner Goff would be eligible to vote upon this item, because he has read 40 the previous staff reports on this matter. -12- � r c 0 D c s n;K a m August 5, 1982 of Newport Beach Planning Director Hewicker stated that the Commission may want to bring to the attention of the City Council the steps which would have to be taken in order for a new use to be considered before the termination of the lease in 1985. He suggested that perhaps the Parks,. Beaches and Recreation Commission could be directed to initiate the additional studies and come up with a plan and the Planning Department could then initiate an amendment to the LCP Land Use Plan when feasible. MINUTES INDEX MOtion X Motion was made to recommend to the City Council that Ayes X X X X X Amendment No. 576, be denied and further recommended Abstain X that the Parks, Beaches and Recreation Commission be Absent * directed to initiate the additional studies to come up with a plan for this area and the Planning Department could then initiate an amendment to the LCP Land Use Plan when feasible, which MOTION CARRIED. - • * * * Request to permit the installation of outdoor lighting on 20 foot high standards in conjunction with an existing tennis court in the R -1 -B -2 District. LOCATION: A portion of Lot 287, Newport Heights Tract, located at 2321 22nd Street on USE the southerly side of 22nd Street, N0. between Irvine Avenue and Tustin Avenue. _ - ZONE: R -1 -B -2 APPLICANT: Roger Luby, Newport Beach OWNER: Same as applicant Mr. Robert Burnham, Assistant City Attorney, stated that although Commissioner Goff was not a member of the Commission at the time this item was first introduced on the Agenda, he stated that Commissioner Goff would be eligible to vote upon this item, because he has read 40 the previous staff reports on this matter. -12- � r c m � m c n x 'n m a -moo -m August 5, 1982 of Newport Beach Planning Director Hewicker stated that he has received a letter from the applicant indicating that they would be willing to reduce the height of the lighting standards to a maximum of 17 feet and no lower than 16 feet. The applicant has also agreed to a timer being installed which would automatically turn the lights off at 9:00 p.m. The public hearing opened in connection with this item and Mr. Roger Luby, the applicant, appeared.before the Commission. Mr. Luby referred to a model depicting his property and the proposed lighting fixtures. He also delivered a slide presentation which depicted "make shift" lighting standards on his tennis court in relationship to the surrounding properties. Mr. Luby stated that he is willing to record the height and time requirements of this application into his Covenants, Conditions and Restrictions (CC &R'S). The Planning Commissioner Members then continued the • public hearing outside, in order to witness a demonstration of the proposed lighting system. Mr. Herbert Bieber, representing Bieber Lighting Corporation.had erected a sample light fixture in front of the Council Chambers for the Planning Commission Members to view. Commissioner Kurlander asked Mr. Luby if the time restriction of 9:00 p.m. would be recorded into his CC &R's. Mr. Luby stated that this would be acceptable, as well as recording the height restriction of the lighting standards. Commissioner Balalis pointed out that in the event that the height and time restrictions were to be violated, the use permit could then be revoked. Mr. Richard Miller, resident of 2306 Winward Lane, expressed his concern that his quality of life and privacy be maintained. He stated that it is essential that his rights be protected through the recordation of certain restrictions in the applicant's CC &R's. He stated that he would not oppose the proposed lighting system, providing that the applicant record the following irrevocable restrictions in the CC &R's on -13- MINUTES JVM33�K_'J I MINUTES I August 5, 1982 K F r m � m c m m D CALL of Newport Beach the property: 1) That the height of the standards and or the fixtures not exceed the 16 feet; 2) That the number of lighting standards not exceed eight (8) in number; 3) That the lighting must be turned off no later than 9:00 p.m.; 4) That the lighting fixtures utilized must be similar or better in nature than .said fixture displayed which is the no -spill type, and that., the lighting from the fixture can not be seen at an angle of 45 degrees. Commissioner Kurlander asked Mr. Bieber if a.shield can be installed on the lighting fixture which would reduce the light spillage to adjacent properties. Mr. Bieber stated that it would be possible to install another.six inches of shielding on the light fixtures. Mr. Pat Bartolic, resident of 2512 Winward Lane, stated that a 16 foot height restriction on the lighting standards and a time limit of 9:00 p.m. is agreeable to the surrounding neighbors. • Chairman King asked Mr. Miller if his height restriction of 16 feet meant a total height of 16 feet. Mr. Miller clarified that the height of the standards shall not exceed 16 feet from the base of the standard to the luminous part of the lamp. Mr. Burnham suggested that the Commission may also want to impose a time restriction for the a.m. hours. Commissioner Kurlander suggested that 7:00 a.m, would be reasonable. Motion X Motion was made for approval of Use Permit No. 2082, Ayes X X X X subject to the following findings and conditions, Noes X including the recommendations as suggested by Mr. Absent * Richard Miller and the Planning Commission Members, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant • environmental impacts. -14- INDEX August 5, 1982 x ro W m H City of Newport Beach 3. That the proposed illumination will be installed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjoining residential properties and streets. 4. The approval of Use Permit No. 2082 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: I I I I I I I 1. That development shall be in substantial • conformance with the approved plot plan and section. • 2. 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 Electrical Engineer; with a letter from the Engineer stating that, in his opinion, this requirement has been met. 3. That a restrictive covenant shall be recorded on the property, approved to in form and content by the City Attorney's office. Said covenant shall include the following: a. That the lights shall not be turned on prior, to 7:00 a.m. and shall be turned off by 9:00 p.m. daily. b. That the height of the lighting standards shall not exceed 16 feet from the base of the standard to the luminous part of the lamp (and 17 feet to the top of said lighting standards). -15- MINUTES INDEX 0 • August 5, 1982 � r c m S m . m m City of Newport Beach C. That the number of lighting standards shall not exceed eight (8) in number. d. That the light fixtures utilized shall be similar or better in nature than said fixture displayed at the Planning Commission Meeting which is the no -spill type, and that the lighting from the fixture can not be seen at an angle of 45 degrees. An additional six inches of shielding shall be installed on the sides of the light fixtures facing adjacent residential properties. e. All provisions of the approved restrictive covenant shall be maintained at all times. The Planning Commission recessed at 9:20 p.m. and reconvened at 9:30 p.m. Traffic Study Request to consider a Traffic Study in conjunction with the expansion of an existing convalescent hospital located in the A -P District. f; Use Permit No. 1089 (Amended) Request to amend a previously approved use permit that permitted the establishment of a 100 bed convalescent hospital located in the A -P District. The proposed use permit amendment is to allow the expansion of the convalescent hospital, and to reduce the off- street parking requirement from one parking space for each 2 beds to one parking space for each 3 beds and to delete a previous condition of approval that required 10 foot side yard setbacks. The proposal also includes modification to the Zoning Code so as to allow the use of compact car spaces for a portion of the required off - street parking; to allow a portion of the on -site parking spaces to encroach 11 feet 2 inches and 14 feet into the required 15 foot front yard setback and to allow portions of the proposed building additions to encroach 3 feet and 5 feet into the required 10 foot side yard setbacks. The proposal also includes the approval of an off -site parking agreement for a portion of the required parking spaces. -16- MINUTES INDEX August 5, 1982 ED n 7C c m City of Newport Beach LOCATION: Record of Survey 79 -7 (Resubdivision No. 198) located at 466 Flagship Road, on the southwesterly side of Flagship Road between Hilaria Way and Dana Road, in the Hoag Memorial Hospital Area. ZONE: A -P APPLICANT: Paul Miller, Fullerton OWNERS: American Medical Services #1, Inc., Milwaukee, Wisconsin AND Use-Permit No. 1285 (Amended) (Public Hearing) Request to amend a previously approved use permit which • allowed the establishment of a 200 bed convalescent hospital on property located in the A -P District. The .proposed amendment is to reduce the facility to a 170 bed residential care facility and to reduce the off - street parking requirements where one parking space for each 2 beds is presently required. • LOCATION: Lot 169, Block 2, Irvine's Subdivision, located at 393 Hospital Road on the northwesterly corner of Hospital Road and North Newport Boulevard, in the Hoag Memorial Hospital area. AND Use Permit No. 1396 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of a 170 bed residential care facility on property located in the A -P District. The proposed amendment is to allow a reduction of the off - street parking requirement where one parking space for each 2 beds is presently required. -17- MINUTES INDEX MINUTES August 5, 1982 3 � � � c m m m City of Newport Beach 0 INDEX LOCATION: Lots 6 and 7, Tract 5884, located at 4000 Hilaria Way at the southeasterly terminus of Hilaria Way in the Hoag Memorial Hospital area. ZONE: A -P APPLICANT: American -Cal Medical Service #1, Milwaukee, Wisconsin OWNER: Philip R. Heckendorn, San Marino Agenda Items No. 4, 5, 6 and 7 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Mr. Paul Miller, the applicant, appeared before the Commission and requested approval of these items. He stated that he concurs with the findings and conditions as outlined in the staff report. He presented a model which depicted the proposed project. In response to a question posed by Commissioner Goff, Mr. Miller described the access points and parking plan. of the proposed project. He stated that the proposed expansion will provide geriatric care and services to the community. He stated that one parking space per every three beds is an acceptable parking space ratio. Commissioner King commented that the facilities in - question are the best maintained facilities in the area. He stated that due to a lack a visitors to these types of facilities, there is generally not a problem with the parking. Commissioner Goff suggested that the outside maintenance of these facilities could use more attention in the care of the landscaping and the control of litter. Mr. Miller stated that within the last two months, there has been a repair and maintenance program for the upgrading of the facilities. CIRM MINUTES August 5, 1982 3 F imE m y City of Newport Beach Commissioner Kurlander referred to a letter of opposition dated July 28, 1982, from Mr. Philip Heckendorn, which states that the applicant does not have the consent of the owners for the requested change. Commissioner Kurlander asked legal counsel to comment on same. Mr. Miller stated that since American Cal- Medical Services is the long term leasee and the tenant on two of the facilities, he had been advised that they had the right to make these requests. Mr. Robert Burnham, Assistant City Attorney, stated that he has reviewed the leases in question and Mr. Heckendorn's letter. He stated that there is nothing in the leases which would require the property owner to consent to the application, nor is there anything in the leases which prohibits any change of the use without obtaining the owners consent. • Mr. Philip Heckendorn, one of the owners of the affected property, and representing the other owners of the property, appeared before the Commission. Mr. Heckendorn stated that they are opposing these requests, because the proposed changes would have an adverse economic impact upon the value of the property. He stated that the landlord and tenant will have to settle their private dispute. Mr. Heckendorn stated that there is a certified need for more convalescent hospital beds in the area, however he stated that there is not a certified need for more residential care beds. He stated that the existing facilities are capable of fulfilling the need for the convalescent hospital beds, which would be more consistent with the present needs of the general welfare. Mr. Heckendorn questioned the length of time for the off -site parking agreement. He stated that any agreement for an off -site parking agreement would need the consent of the property owners and could only be for a period of the life of the lease which is at most, for 18 years. Planning Director Hewicker stated that a period of 18 years is a reasonable duration for an • off -site parking agreement. -19- MINUFES August 5, 1982 3 � n w ' City of Newport Beach INDEX TRAFFIC STUDY Motion I Mo tion was made for approval of the Traffic Study, All Ayes X X X subject to the Findings of Exhibit "A ", as follows,. which MOTION CARRIED: FINDINGS: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on-the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S -1. 2. That the Traffic Study indicates that the project - generated traffic will be less than one percent of is existing, plus committed, plus regional traffic during the 2.5 hour peak period on any leg of a critical intersection. 3. That the Traffic Study indicates that the project- generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary - modified', or 'primary' street. USE PERMIT NO. 1089 (Amended) Commissioner McLaughlin stated that she would be voting against the use permit requests because compact car spaces are not .appropriate in a convalescent care facility. She further stated that one parking space per every three beds would not be adequate, in that the employees and visitors of the facility still need parking. She stated that the use should not be further intensified, because the area currently experiences traffic congestion. • 11111111 -20- .Motion Ayes Noes Absent n U MINUTES August 5, 1982 C m City of Newport Beach INDEX JJJ I Motion was made for approval of Use Permit No. 1089 X X X (Amended), subject to the Findings and Conditions of Exhibit "A ", as follows, which MOTION CARRIED: FINDINGS: 1. The project will comply with and State Building Codes and for new building applicable which the proposed project those items requested in c proposed modifications. all applicable City Zoning requirements to the district in is located, except injunction with the 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. The project lot size conforms to the Zoning Code area requirements. 4. That the establishment, maintenance and operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modifications for the front and side yard setback encroachments and the use of compact car spaces are consistent with the legislative intent of Title 20 of the Municipal Code. 5. The Police Department has indicated that it does not contemplate any problems. 6. As indicated in the submitted parking counts, adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed development based on a formula of one parking space for each three beds. 7. The proposed number of compact car spaces constitutes 3.5 percent of the parking • requirements which is well within the limits generally accepted by the Planning Commission relative to previous applications. -21- August 5, 1982 ice= m � m m 3 City of Newport Beach 8. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their contents have been considered in the decisions on this project. 9. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially significant environmental Effects, and that the project will not result in significant environmental impacts. 10. That the proposed off -site parking location is so located as to be useful in connection with the proposed use or uses on the building site or sites. • I I I I 11. That parking on such off -site location will not create undue traffic hazards in the surrounding area. • 12. That the off -site parking location is leased by the same owner as the building site. CONDITIONS 1. That all previous conditions of approval for Use Permit No. 1089 shall be null and void. 2. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 3. That a minimum of one off - street parking space for each three beds (56 parking spaces) shall be provided for the proposed 167 bed convalescent hospital. All required parking spaces shall be accessible to currently registered, licensed motor vehicles at all times. -22- MINUTES INDEX MINUTES August 5, 1982 3 � 71 Q y City of Newport Beach INDEX 4. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 27 parking spaces shall be provided on Lots 6 and 7, Tract No. 5854 (i.e., the Newport Villa site) for the duration of the expanded Flagship Convalescent Hospital on the adjoining, property. 5. That all trash areas shall be screened from adjoining properties. 6. That all employees of the Flagship Convalescent Hospital shall park their vehicles in the approved off -site parking location. 7. 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. • 8. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 9. 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. 10. 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. 11. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a 'copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. I 12. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer. • 11111111 -23- n x r{ r c m � m c � n 7c G7 m D -m''-m August 5, 1982 of Newport Beach 13. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of, landscaping with the proposed construction schedule. (Prior to the occupancy of the additions, the licensed landscape. architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 14. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 15. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. • 16. The landscape plan shall place heavy emphasis on the use of drought- resistant native vegetation and be irrigated with a system designed to avoid surface runoff and over - watering. 17. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 18. The site's existing landscape plan shall be reviewed by a licensed landscape architect. The existing landscape program shall be modified to include the concerns of the conditions above to the maximum extent practicable. Any change(s) in said existing program as a result of this review shall be phased and incorporated as a portion of existing landscape maintenance. 19. That the required landscaping plan shall include provisions for the landscaping and maintenance of all public parkways adjacent to and in front of the subject property. Said landscaping shall be approved by the Public Works Department. -24- MINUTES INDEX MINUTES August 5, 1982 n x � r c m = m m m City of Newport Beach INDEX 20. That prior to the occupancy of the building addition, a qualified acoustical engineer, retained by the City at the applicant's expense shall demonstrate to the satisfaction of the Planning Director that the noise impact from Newport Boulevard on the project does not exceed. 65 Dba CNEL for outside living areas and the requirements of law for interior spaces. 21. That any roof top or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 Dba at the property line. 22. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be • approved by the Planning Department. 23. The Fire Department access shall be approved by the Fire Department. 24. That all access to the buildings be approved by the Fire Department. 25. Prior to the occupancy of the additions, a program for the sorting of recyclable material from other solid wastes shall be developed and approved by the Planning Department. 26. Upon completion of construction, the applicant shall provide for weekly .vacuum sweeping of all paved parking areas and drives. 27. The project should be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Sub- chapter 4 of the California Administrative Code dealing with energy requirements. 28. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. • -25- CALL 0 Motion Ayes Noes Absent m m c n 7C Li D MINUTES August 5, 1982 of Newport Beach 29. 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 Electrical Engineer; with a letter from the Engineer .stating that, in his opinion, this requirement has been met. 30. That all improvements be constructed as required by ordinance and the public works Department 31. That the displaced sidewalk be reconstructed. and an access ramp be provided at the alley and Flagship Road, and that the work be completed under an encroachment permit issued by the Public Works Department. 32. That the on -site vehicular and pedestrian circulation systems be subject to further review and approval by the City's Traffic Engineer. 33. That arrangements be made with the Public Works Department to guarantee satisfactory completion of public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. USE PERMIT NO. 1285 (Amended) Motion was made for approval of Use Permit No. 1285 X X X (Amended), subject to the Findings and Conditions of Exhibit "A ", as follows, which MOTION CARRIED: IQ V 11CM49 -n 1. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. • 11111111 -26- INDEX August 5, 1982 3 � � r c n w City of Newport Beach c s a o m W — m 2. That the establishment, maintenance and operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 3. The Police Department has indicated that it does not contemplate any problems. 4. That based on submitted parking counts, adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed facility based on a formula of one parking space for each three beds. • CONDITIONS: 1. That all previous applicable conditions of approval for Use Permit No. 1285 shall be fulfilled, except as noted below. 0 2. That a minimum of one parking space for each three' beds (57 spaces) shall be provided on site for the 170 bed facility. 3. The existing structure may be converted back to a 200 bed convalescent hospital in the future, providing that one parking space for each three beds (67 spaces) shall be provided on -site. 4. All required parking spaces shall be accessible to currently registered, licensed motor vehicles at all times. I 5. That all trash areas shall be screened from adjoining projects. -27- MINUTES Lc�rnnru»�mtrc� MINUTES August 5, 1982 � r c m m w City of Newport Beach LL CALL I I I I I I I INDEX USE PERMIT NO. 1396 (Amended) Motion JJX Motion was made for approval of Use Permit No. 1396 Ayes X X (Amended) , subject to the Findings and Conditions of Noes X X Exhibit "A ", as follows, which MOTION CARRIED: Absent FINDINGS: 1. That the existing and proposed use is consistent I with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the establishment, maintenance and operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. • 3. The Police Department has indicated that it does not contemplate any problems. 4. That based on submitted parking counts, adequate off - street parking and related vehicular circulation are being provided in conjunction with the proposed facility based on a formula of one parking space for each three beds. CONDITIONS: 1. That all previous applicable conditions of approval for Use Permit No. 1396 shall be fulfilled, except as noted below. 2. That a minimum of one parking space for each three beds (57 spaces) shall be provided on site for the 170 bed facility. 3. All required parking spaces shall be accessible to currently registered, licensed motor vehicles at all times. I ( I I I 4. That all trash areas shall be screened from . adjoining properties. x * a -28- August 5, 1982 � r c m City of Newport Beach Request to create four numbered parcels and one residual parcel of land for development where one parcel presently exists. LOCATION: Parcel 3 of Parcel Map 81 -8 ( Resubdivision No. 501) located at. the northeasterly corner of Santa Barbara. Drive and Sari Clemente Drive in the Civic Plaza Planned Community. ZONE: P -C APPLICANT: Adams, Streeter & Woolsey, Civic Engineers, Inc., Irvine OWNER: The Irvine Company, Newport Beach ENGINEER: Same as applicant The public hearing opened in connection with this item • and Mr. Steve Sandland, representing The Irvine Company, appeared before the Commission and requested approval of the requested resubdivision. Mr. Sandland stated that a minor shift in the location of the lot line between Parcels No. 1 and 3 is required to accommodate the building design. He stated that this is minor change which is permitted under the Map Act and does not affect the conditions which has been placed upon the map. Planning Director Hewicker stated that the common line between Parcels No. 1 and 3 may have to be adjusted slightly to the east. He stated that this does not create any additional parcels. In response to a question posed by Chairman King, Mr. Sandland stated that access to Parcel No. 2 will be achieved across Parcel No. 3 and San Clemente Drive. He stated that they are working with the Public Works Department and the Library Commission to resolve this issue. He stated that Parcels No. 3 and 4 will be utilized as common area for parking. I I I I 11* I Mr. Donald Webb, City Engineer, referred to Condition of Approval No. 9 and stated that this condition • I I I j I I I provides for a better line up with the proposed access 1 drive and better through circulation to the proposed new parcels. -29- MINUTES INDEX Item #8 RESUB- DII0N N0. 73b- wnui- TIONRLY August 5, 1982 � r c m City of Newport Beach �=m�amm In response to a question posed by Chairman King, Mr. Webb stated that the existing drainage patterns of the site would not be changed appreciably by the proposed project. Motion X Motion was made for approval of Resubdivision No. 730,; All Ayes X X X X X X * subject to the following Findings and Conditions, which MOTION CARRIED: FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. • 3. That an environmental document has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. • 4. That the contents of the environmental document prepared in conjunction with the original development of the site have been considered in the various decisions related to the development of the site. 5. 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 subdivision. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. -30- MINUTES INDEX August 5, 1982 of Newport Beach MINUTES E ROLL CALL I I I I Jill I INDEX 3. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That each building be served with individual water services and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking circulation and pedestrian circulation systems be reviewed and approved by the Public Works Department and the Planning Department. 6. That all vehicular access rights to Santa Barbara Drive and San Clemente Drive be • released and relinquished to the City of Newport Beach except at existing drive locations. • 7. That the landscape plans shall be subject to review and approval of the Parks, Beaches, and Recreation Department and Public Works Department. 8. That cross easements be provided as required for ingress, egress and parking. 9. That the existing drive entrance to San Clemente Drive be moved to better line up with the proposed access drive; that the existing common parking lot be constructed to provide for better through circulation to the proposed new parcels; and that the revised design for the drive and parking lot be approved by the Public Works Department. * a -31- rL m c " c n W m D August 5, 1982 of Newport Beach MINUTES E ROLL CALL I I I I Jill I INDEX 3. That a subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That each building be served with individual water services and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 5. That the on -site parking circulation and pedestrian circulation systems be reviewed and approved by the Public Works Department and the Planning Department. 6. That all vehicular access rights to Santa Barbara Drive and San Clemente Drive be • released and relinquished to the City of Newport Beach except at existing drive locations. • 7. That the landscape plans shall be subject to review and approval of the Parks, Beaches, and Recreation Department and Public Works Department. 8. That cross easements be provided as required for ingress, egress and parking. 9. That the existing drive entrance to San Clemente Drive be moved to better line up with the proposed access drive; that the existing common parking lot be constructed to provide for better through circulation to the proposed new parcels; and that the revised design for the drive and parking lot be approved by the Public Works Department. * a -31- M/WNYA.)NLY5 MINUTES August 5, 1982 � x m = m n w City of Newport Beach INDEX Request to resubdivide 36.16 t acres of land into seven Item #9 parcels for development where two parcels presently exist. LOCATION: Parcels 3 and 4 of Parcel Map 114 -22 -25 ( Resubdivision No. 570) generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street and Von Karman Avenue, within the Koll Center Planned Community. ZONE: P -C APPLICANT: Aetna Life Insurance Company, Newport Beach OWNER: Same as applicant • I I I I I I I I ENGINEER: Robert Bein, William Frost & Associates, Newport Beach The public hearing opened in connection with this item and Mr. John Richards, of Bein, Frost and Associates, representing the applicant, appeared before the Commission and requested approval of this resubdivision request. Motion Motion was made for approval of Resubdivision No. 731, All Ayes X X X X X * subject to the following Findings and Conditions, which MOTION CARRIED: FINDINGS: • 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. -32- RESUB- OIV SOON NO. 731 APPROVED NLD -F-- TTONAIIY 0 A � r � c n m D MINUTES August 5, 1982 of Newport Beach INDEX 3. That an environmental document has been prepared in compliance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Policy. 4. That the contents of the environmental document prepared in conjunction with the original development of the site have been considered in the various decisions related . to the development of the site. 5. 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 subdivision. 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 subdivision agreement and accompanying surety be provided to guarantee satisfactory completion of . the public improvements if it is desired to record the parcel map or obtain a building permit prior to completion of the public improvements. 4. That each building be served with individual water services and sewer lateral connection to the public water and sewer systems unless otherwise approved by. the Public Works Department. 5. That the on -site parking circulation and pedestrian circulation systems be . reviewed and approved by the Public Works Department and the Planning Department. 6. That all vehicular access rights to MacArthur Boulevard, Von Karman Avenue, Birch Street and Jamboree Boulevard be • released and relinquished to the City of Newport Beach except at existing entrances. -33- m = m c p m D August 5, 1982 of Newport Beach 7. That the landscape plans shall be subject to review and approval of the Parks, Beaches, and Recreation Department and Public Works Department and that any existing landscaping interfering with the line of site plan. at street and drive intersections as determined by the Traffic Engineer, be removed. 8. That cross easements be provided as required for ingress, egress and parking. 9. That curb access ramps be provided on the easterly side of MacArthur Boulevard at the Von Karman Avenue intersection including access ramps through the landscaped medians. These access ramps shall be connected to the existing sidewalk in a manner acceptable to • the Public Works Department. That access ramps be provided at all driveways along the Von Karman Avenue and Birch street frontages where none presently exist. C� 10. That the existing bus stop on the easterly side of MacArthur Boulevard . southerly of Bowsprit Drive be improved with a concrete pad and connection to the existing sidewalk. 11. That the irrigation system be repaired, replaced or redesigned at locations where water runs across the public sidewalk, and install a drain under the sidewalk if necessary to keep water from running across the walk. The City Engineer shall verify compliance with this condition prior to the recordation of the subject parcel map. * x x -34- MINUTES INDEX wnnnnJ »metro MINUTES August 5, 1982 m m m y City of Newport Beach PILL CALL INDEX Request to consider an amendment to Chapter 20.10.035 Item #10 of the Newport Beach Municipal Code as it pertains to the hours of operation of pool. pumps in residential districts. INITIATED BY: The City Of Newport Beach AMENDMENT N0, 575' Motion X Motion was made for approval of Amendment No. 575, as - stated in Exhibit "B" of the staff report. Commissioner Goff suggested that if the noise of the pool pump and ambient noise level is below 55 dBA, APPROVED there be no limitation as to when the pump could be turned off. He stated that the Commission should be concerned with regulating noise rather than the pool .and spa pumps. Commissioner Kurlander stated that some of the people who use the spas, make more noise than • the noise level of the pumps. Chairman King stated that the curfew for the pump operation can be enforced through the complaint process. Planning Director Hewicker stated that if the ambient noise level is above 55 dBA, it would be difficult, if not impossible, to determine the noise .level of the pump. He stated that the dBA meter would be reading the ambient level, not the noise generated from the pump. He stated that according to Exhibit "B" in the staff report, all pumps would have to be turned off by 10:00 P.M. Amendment X Amendment to the motion was made that the time limit Ayes X X for turning off the pool pumps not be specified if the Noes X X X noise level is below or at 55 dBA. The following Abstain X sentence would be deleted from the second paragraph of Absent * Exhibit "B ", "Pumps may be operated only between the hours of 8:00 a.m. and 10:00 p.m." Amendment to the motion was now voted on, which AMENDMENT FAILED. • I I I I I I I 1 -35- A11 Ayes August 5, 1982 r c m � pC . m m City of Newport Beach c a o XIXIX �X I Original Motion for approval of Amendment No. 575, I I adopting Resolution No. 1083, as stated in Exhibit "B ", was now voted on as follows, which MOTION CARRIED: CHAPTER 20.10 GENERAL CONTROLS - RESIDENTIAL DISTRICTS "20.10.035 SWIMMING POOLS AND RELATED EQUIPMENT - YARDS. Any swimming pool, fish pond, or other body of water which contains water eighteen inches or more in depth for use in connection with any residential use shall be permitted in any required yard space, provided that the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Section 20.02.070 and 20.10.025, F, of this Chapter. Any pump, filter or heater installed to serve such . body of water within ten feet of a side or rear property line (unless said property line is adjacent to a street or alley) shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at said property line. Any such pump, filter or heater shall not be considered an accessory building so long as any required housing thereof does not exceed six feet in height. Pumps may be operated only between the hours of 8:00 a.m. and 10:00 p.m. Should it be determined by an acoustical engineer that the existing ambient noise levels at a specific site exceed 55 dBA at 10:00 p.m., then the acoustical engineer shall certify that the operation of the pool pump or related equipment will not result in any increase in noise levels over the ambient level as determined by said acoustical engineer. • I I I I I I I -36- MINUTES INDEX RESOLUTION NO. 1083 MINUTES August 5, 1982 n 7C . m ' City of Newport Beach C E 6 0 9 ADDITIONAL BUSINESS Discussion Relating to the License Department Commissioner McLaughlin suggested that the Planning Commission request the City Council to initiate action . for the License Department to coordinate with the use permits. After a discussion by the Planning Commission Members, Mr. Burnham, Assistant City Attorney, suggested that there be a meeting between the Planning Director, the License Supervisor and the City Attorney's Office, in order to coordinate the procedures which are involved. Mr. Burnham stated that he will report back to the Commission on this issue at the first meeting in September. : • x Request from Mr. Ron Luther to modify the ten foot setbacks to twenty feet on the bluff side of Kings Road. Motion X Motion was made to set for public hearing on September All Ayes X X X X X * 23, 1982, a request to consider modifying the ten foot setbacks to twenty feet on the bluff side of Kings Road. Fire Retardant Roofs Discussion Planning Director Hewicker stated that the Planning Commission Members have expressed a concern that the Municipal Code be amended to require fire retardant roofs in the City. He stated that this is an item relating to the Building Department. He stated that the Planning Commission could direct a letter to the • City Council asking that the Building Department conduct a study. -37- INDEX ADDITIONAL SIIT� NESS- MINUTES August 5, 1982 m m City of Newport Beach INDEX Chairman King requested that the Planning Director gather additional information on this issue and advise the Planning Commission on the proper procedures involved. Motion X Motion was made to continue the meeting to an Adjourned All Ayes X X X X X * Meeting at 2:00 p.m. on August 19, 1982, which MOTION CARRIED. There being no further business, the Planning Commission continued the meeting at 10:20 p.m. to an Adjourned Meeting at 2:00 p.m. on August 19, 1982. Dave Goff, Secretary Planning Commission City of Newport Beach 0 1 1 1 1 1 1 1 1 -38-