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HomeMy WebLinkAbout08/06/1981REGULAR PLANNING COMMISSION MEETING Place: City Council Chambers Time 7:30 p.m. Date: August 6, 1981 0 All Present. t Beach EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William Ward, Senior Planner Donald Webb, City Engineer Pamela Woods., Secretary MINUTFS Request to permit the installation of outdoor lighting on 24 foot high ± standards in conjunc- tion with four tennis courts in San Joaquin Hills Park.` LOCATION: Record of Survey 88- 34,.located at 2901 San Joaquin Hills Road on, the southeasterly corner of San Joaquin Hills Road and Crown Drive • I�� I I I� I -1- INDEX PERMIll Staff advised the Commission of the following • requested continuances: Item Nos. 3 and 4 - Use Permit No. 2008 and Resubdivision No. 692 to be.continued to August 20, 1981; Item Nos. 5,. 6 & 7 - Traffic Study, Site Plan Review No. 27 and Resubdivision No. 688 to be continued to August 20, 1981; Item No. 10 - Use Permit No. 2010 to be continued to August 20, 1981; Item No. 13 - Use Permit No. 2014 to be continued to September 10, 1981; and, Item No. 15 - Housing Element to be continued to August 20, 1981. Motion X Motion was made to continue the above listed Ayes X X X X items, which MOTION CARRIED. Noes X Request to permit the installation of outdoor lighting on 24 foot high ± standards in conjunc- tion with four tennis courts in San Joaquin Hills Park.` LOCATION: Record of Survey 88- 34,.located at 2901 San Joaquin Hills Road on, the southeasterly corner of San Joaquin Hills Road and Crown Drive • I�� I I I� I -1- INDEX PERMIll WjSSIONERS August 6, 1981 City of Newport Beach MINUTES INDEX North, in the Jasmine Creek Planned Community. ZONE: P -C APPLICANT: City of Newport Beach OWNER: Same as applicant The public hearing opened in connection with this item and Mr. Jeff Kolin, Recreation Super- intendent for the Parks, Beaches and Recreation Department for the.City of Newport Beach, dis- cussed background information on the requested_ use permit. In response. to a question posed by Commissioner Beek, Mr. Kolin stated that the additional noise and light spillage will only be minimal. • In response to a question posed by Commissioner Winburn, Mr. Kolin explained the maintenance cost summary for the tenni:s court lighting. Commissioner Winburn asked if the lighted courts will bring additional revenue to the City. Mr. Kolin stated that the program :is designed to be self- supporting. and therefore would not be an additional expense to the City. Commissioner Beek suggested that the lights be turned off at 10:00 p.m. rather.than 11:00 p.m. which may be more acceptable to the adjoining residents. Mr. Kolin stated.that this .would be acceptable.to the Recreation Depar,tment.as most of the - instructional programs do not con- tinue past 9:O0 p.m. Mr. Robert DeRienzo., representing the Jasmine Creek Community Association, appeared before the Commission and stated that they are opposed to the installation of the tennis court lighting. August 6, 1981 of Newport Beach MINUTES INDEX Mr. DeRienzo stated that the adjoining residents will be detrimentally affected by the light and noise pollution. In response to a question posed by Commissioner Beek, Mr.' DeRienzo stated that there are seven . homes which will be immediately affected by this proposal. Commissioner Winburn stated that the .unlighted tennis courts were in place before the Jasmine Creek residences were built, but now the City wants to install lighting fixtures, after the residences are in place.. She asked Mr. Burnham for a legal opinion. Mr. Burnham, Assistant City Attorney, stated that the City has the power to install the lighting fixtures. He stated that the public hearing is being held to receive public input and for the Commission to decide on its appropriateness. Commissioner Balali.s asked Mr. DeRienzo at what time the Jasmine Creek tennis court lighting is turned off. Mr. De Rienzo stated that the lights are off by 10:00 p.m. Commissioner Balalis stated that he can not support the substitute motion because of the double standard that the homeowners association provides lighted tennis courts for its own • I I I I I I I I -3- h on K Motion was made to approve Use Permit No. 1989 subject to the findings and conditions of Exhibit "A" with a revision that the lights be turned off by 10 :00 p.m. daily. Substitute Substitute motion was made for denial of Use Motion Permit No. 1989 with the findings and conditions of Exhibit "B ", in that the installation of the lights will be detrimental to the neighborhood. Commissioner Winburn stated that she would be supporting. the substitute motion because parti- cipation in the City's tennis lesson program has dropped,30 to 35.percent in the past three years. Commissioner Balali.s asked Mr. DeRienzo at what time the Jasmine Creek tennis court lighting is turned off. Mr. De Rienzo stated that the lights are off by 10:00 p.m. Commissioner Balalis stated that he can not support the substitute motion because of the double standard that the homeowners association provides lighted tennis courts for its own • I I I I I I I I -3- August 6, 1981 M MINUTES members, but refuses to allow the City to provide lighted tennis courts for its own residents. Chairman McLaughlin concurred and stated that it is difficult for the general public to find a lighted tennis court in the City. Commissioner Thomas stated that the rights of the residents should come first, instead of approving lights for the tennis courts which will retro. actively impact the residents. He stated that the City should be acquiring land in non - impacted areas for these types of facilities. Ayes X X 1XI Substitute Motion for denial of Use Permit No. Noes X 1989 was now voted on as follows, which SUBSTITUT MOTION CARRIED: r1 U FINDINGS: That when the tennis court lights are on, the light and glare and related noise o'f the users of the courts will have an ad- verse impact on the adjoining residential development in Jasmine Creek. . That approval of Use Permit No. 1989 will under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working i:n the neigh - borhood and will be detrimental or injur- ious to property or improvements in the neighborhood and the general welfare of the City. Commissioner Allen asked if automatically be appealed_ t Mr. Burnham stated -that this automatically appealed, but it were to be'appealed, prop would be sent. • 11111111 -4- this use permit will o the City Council. item would not be in the event that er notifications INDEX August 6, 1981 M ME MINUTFS INDEX Request to change the operational c.haracte:ristics of an existing restaurant in the C -1 -H District so as to allow the sale of beer and wine in con- junction with the restaurant operation. The proposed development also includes tandem parking spaces and valet parking for the restaurant use. LOCATION: Lots 74 and.75, Tract No. 1011, located at 4001.West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves. ZONE: C -1 -H APPLICANT: Royal Thai Cuisine Inc., Newport Beach OWNER: Mary Howard, Newport Beach • P1anning Director Hewicker discussed the re- designation of the floor plan. He stated that a letter has been received from Mr. William. Taylor which indicates his concerns for odors and trash this proposal may generate. Planning Director Hewicker recommended the following additional conditions: 1). That the kitchen exhaust fans shall be designed to control odors and smoke in .accordance with Rule 401 of the Rules and Regulations of the South Coast Air Quality Management District. 2) That the service of alcoholic beverages be served in such a manner so.that there would be no bottles or other containers removed from the building. 3) The Commission may want to place a time limit on the approval, at which time the use permit would be reviewed by the Modifications Committee. • I I I I I I I -5- COMAAISSK)NERSI August 6, 1981 MINUTES i1m I CIO e Of Beach INDEX 4) The Commission may want to place a closing hou.r on the use permit,.such as 12:00 midnight. The public hearing opened in. connection with this item and Mr. Sumets, the applicant, stated that he was in concurrence with the staff recommendations. Mr. Wilford, representing the Balboa Coves Community Association stated that the bar area has not be redesigned, but only redesignated, and.therefore, may present.an enforcement problem. He then suggested the following additional conditions: 1) That. the use permit be for a period of two years. 2) That no customer bar, nor bar type lounge • shall be installed. 3) That no beer or wine may be served to patrons except solely a_s an incidental food supplement. 4)_ Closing time shall be 12:00 midnight. Planning Director Hewicker referred to Mr. Wilford's Condition. No. 3-and stated that this would be difficult for the City to enforce. Commissioner Balalis stated that this project is no longer providing a ba.r and that the ser= vice of beer and wine will be incidental to the food service. Motion X Motion was made for approval. of Use Permit No.. All Ayes X X X.XX X 2005 with the findings and conditions of Exhibit "A" and the additional staff recommendations, including that the use permit be approved for _6_ • August 6, 1981 loll M, MINUTES INDEX a period of two years and that no customer bar or bar type lounge shall be installed, which MOTION CARRIED as follows: FINDINGS: The proposed restaurant is consistent with the zoning map and the draft Local Plan and is compatible with surrounding land uses. 6. The approval of Use Permit No. 2005 will not, under the circumstances of this case, be detrimen.tal to the health,. safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood . or the general welfare of the City.. -7- 2. The.Police Department has indicated that they do not contemplate any problems. 3. The project will not have any significant.. environmental impact. 4: The subject property is inadequate for the use of tandem parking spaces and valet ser- vice due to its limited size and singular access.to West Coast Highway. • 5. That the establishment, maintenance or 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 pro- perty and improvements in the neighborhood of the general welfare of the City. And further that the granting of the proposed modification for the tandem parking spaces with valet service is not consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 2005 will not, under the circumstances of this case, be detrimen.tal to the health,. safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood . or the general welfare of the City.. -7- August 6, 1981 .'•n Beach MINUTES INDEX CONDITIONS:' 1.. That development shall be in substantial conformance with the approved pl.ans, except as noted below. 2. That all mechanical equipment and trash areas sha l be screened from West Coast Highway and adjoining properties. 3. That any parking lot lighting shall be de- signed so as to eliminate any light or glare upon surrounding properties and West Coast Highway. 4. That the existing park.ing areas shall be restriped utilizing the existing parking , design. All parking spac.es.shall be in- dependently accessible a.nd no valet service shall be provided in conjunction with the restaurant facility. • 5. That the kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 401 of the Rules and Regulations of the South Coast Air Quality Management District. 6. That.alcoholic beverages be served in such a- manner that no bottles or.o.ther containers .will.be removed from the building. 7. That this approval shall be for a period of two years, and any extensions shall be sub- ject to the approval of the Modifications Committee. 8. That the closing time for the restaurant shall b.e 12 :00 midnight. 9. That no customer bar, nor bar type lounge shall be installed. CALL Motion Ayes Noes • x P4 August 6, 1981 M MINUTES i� � wl ]r INDEX Staff advised that Item Nos. 3, 4, 5, 6, & 7 Use Permit No. 2008, Resubdivision No. 692, Traffic Study, Site Plan Review No. 27 and Resubdivision No. 688, be continued to the Planning Commission Meeting of August 20, 1981. Motion was made to continue the above listed items, which MOTION CARRIED. Req.uest,to establish a restaurant facility with on -sale alcoholic beverages.and live entertain= I ment in a portion of the Pacifica Marina .Building on Mari.ner's Mile, and the acceptance of an off - site parking agreement fora portion of the-re- quired parking spaces. Valet parking is also U: proposed in conjunction-with the proposed devel- NI opment. LOCATION: A portion of Lot H, Tract No. 919, located at 2751 West Coast Highway, on the southerly side of West Coast Highway at the southerly terminus of Riverside Avenue, in the Mariner's.Mile Specific Plan Area. ZONE: SP -5 APPL.ICANTi William.J. Clark, Newport Beach OWNER: Same as applicant The public hearing.opened in connection with this item and Mr. Bill Clark, the applicant, discussed the background information on this item and re- viewed for the Commission the off -site parking agreement. In response to a question posed by.Commissiover Allen, Mr. Clark stated that he was aware of the • 11111111 -9- August 6, 1981 M Beach MINUTFS INDEX off -site parking agreement entered into with Mr. Barienbrock when he purchased the property. Mrs. Sheri Herman, resident of 207 Tustin Avenue, stated that there is no room for additional cars to park in this area. Commissioner Balalis asked if the off -site parking location will be designated for the use of this restaurant only. Planning Director Hewicker stated that t-he off =s.ite parking agree- ment provides for 50 off -site parking spaces at the northwest corner of the parking lot, but the parking.spaces are not designated on the lot. Commissioner Beek questioned the enforceability of the valet service...Mr. Burnham, Assistant City Attorney, stated that the valet service can be made a condition of the use permit. He stated that a condition.of designating spaces • can be a further condition that the`'Commission may want to impose. Mr. Burnham then explained the procedure for obtaining an off -site parking agreement. In response. to a question posed by Commissioner Beek, Mr.. Clark stated that they will be policing the off -site parking lot on anon -going basis for any violations. Motion X Motion was made to approve Use Permit No. 2003, subject to the findings and conditions of Exhibit "B ", with the condition that the applicant pro - vide an off -site parking agreement for the necessary 44 parking spaces, which includes the spaces required for the staff employees. The employees must park in the designated spaces. The parking agreement shall be for the period of the use permit and that it specify the exact spaces for its primary use. In addition, if any violations of parking occur, the use permit shall be revoked. The valet service must park in the designated lot. • 11111111 -10- Substitute Motion Ayes Noes • E X x m FIA X August 6, 1981 R1 MINUTES Commissioner Thomas asked when the business uses close in the evening, that utilize the parking spaces during th.e day. Planning Director Hewicker stated that most of the business uses in this area close between 5:00 p.m. and 6:00 p.m Chairman McLaughlin stated that the uses are open much later than 5:00 p.m: and in some cases are open until 10:00 p.m. Substitute Motion was made for denial for Use Permit No. 2003, with the findings of Exhibit. "A" in that an off -site parking, agreement.is a special request of.-the-City, and the lot in this particular case, has chose to give up its own on -site parking. Substitute Motion for denial was now voted on as follows, which SUBSTITUTE MOTION CARRIED: FINDINGS:. 1. That the proposed restaurant use on a por- tion of the subject property represents a land use of greater intensity than that which pr.esently.exists on the property. 2. That said restaurant will require a greater amount of parking and generate more traffic than the existing use. 3. The proposed.off -site parking lot is not located as to be useful in connection with the proposed use or uses on the building site or sites inasmuch as the off. -site location is approximately 500 feet from the subject property. 4.. Parking on such lot will create undue traffic hazards in the surrounding area with valet parking attendants walking and driving vehicles back and forth from the subject property and the off -site location. - 11 - August 6, 1981 0 MINUTES 5. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such pro- posed use, and be detrimental or injurious to property and improvements in the neigh borhood, and the general welfare of the City. INDEX OWNER: James.Ray; Costa Mesa The public hearing opened in connection with this item and Mr. Paul Kohne, representing the appli- cant, requested approval of this use permit. Mr. Michael Ray, representing the owner, re- ferred to Condition of approval No. 6 and stated that they can not dedicate the land at the corner of Narcissus Avenue and.East Coast High- way, because they do not own it. • � i I( 1 I I� -12 -. Request to permit the establishment of retail Item #9 _ commercial bakery in the C -1 District which offers take-out-food items and inci'dential wine for consumption on the premises, and to waive a portion of the required .off- street USE PERMIT NO. 2009 parking spaces. • LOCATIO.N: Lot 5 of Block 440, Corona .del Mar Tract, located at 344.6 East APPROVED TON DI- TIONALLY Coast Highway, on the northwesterl c.orner of East Coast Highway and Narcissus Avenue,. in Corona_ del Mara ZONE: C -1 APPLICANT: C'Est Si Bon Bakery, Newport Beach OWNER: James.Ray; Costa Mesa The public hearing opened in connection with this item and Mr. Paul Kohne, representing the appli- cant, requested approval of this use permit. Mr. Michael Ray, representing the owner, re- ferred to Condition of approval No. 6 and stated that they can not dedicate the land at the corner of Narcissus Avenue and.East Coast High- way, because they do not own it. • � i I( 1 I I� -12 -. COM/WSSKXfRS August 6, 1981 MINUTFS City of Newport Beach LL CALL I I I I I I INDEX Mr. Don Webb, City.Engineer, stated that the ow.ner could.dedicate any interest or any future interest he may have in the corner cutoff. Mr. Ray stated that this would be acceptable. Motion X Motion was made for approval of Use Permit No. All Ayes X X X X YX 2009 subject to the findings and conditions of Exhibit "A" with the revision to Condition No. 6 that the owner dedicate.any interest.or future interest he may obtain in the corner cutoff, which MOTION CARRIED as follows: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses . 2. The project will not have any significant • environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. That the waiver of the development stand- ards as they pertain to circulation, walls, landscaping, utilities, and a portion of the parking requirements will be of no further detriment to adjacent properties . inasmuch as the site has been developed and the structure has been in existence for many years. The approval of Use Permit No. 2009 will not, under the circumstances of the case be detrimental to the health, safety, peace,_ morals, comfort and general welfare of per- sons residing and working in the neighbor- hood or be detrimental or injurious to property or improvements in the neighbor- hood or the general welfare of the City. CONDITIONS: .1. That development shall be in substantial • conformance with the approved plot plan, floor plan and elevation. -13- f11011 August 6, 1981 m t Beach 2. That all new exterior lighting and.signs shall conform to Chapters 20.06 and 20.72 of the Newport.Beach Municipal Code. MINUTES 3. That all mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. 4. That a minimum of eight(.8) parking spaces shall be provided for the proposed bakery. INDEX 5.. That all improvements be constructed as required by ordinance.and the Public Works Department. 6. That prior to issuance of any building, electrical. and mechanical permits, the applicants interest in a 15 -foot radius corner cutoff on the corner of East Coast Highway..and Narcissus Avenue -be dedicated • to the public. ITEM #10 Item No. 10, Use Permit No. 2010, was continued to the Meeting of August 20, 1981. Continued To August 20, 1981 Request to amend an approved use permit that permitted the.construction of a combined com.= Item #11 mercial- residential structure in the-C-1 District and that permitted a modification to USE PERMIT the Zoning Code for tandem parking spaces and N0. 1981 encroachment of parking,spaces into the re- quired 10 foot rear yard. The purpose of this (Amended) application is to permit the approved develop- ment to be a condominium project. AND AND Item #12 RESUB- Request to establish one parcel of land and eliminate an interior lot line where two logs now exist so as to permit the construction of DIVISION • N0. 693 -14- • Motion Ayes Noes X X August 6, 1981 ref■ t Beach a combined commercial- residential condominium project in the C -1 District. MINUTES INDEX LOCATION: Lots 3.and 4, Block 9, Balboa BOTH Island, located at 504 South Bay APPROV Front, on the.northeasterly side CONDI -- of South Bay Front between Opal TIOUL Avenue and Agate Avenue on Balboa Island. ZONE: C -1 APPLICANT: Fleetwood B. Joiner, Huntington Beach OWNER: Ed Ziemer and Bruce Chandler, Balboa Agenda Item Nos. 11 and 12 were heard concur- rently, due to their relationship. The public hearing opened in connection with these items and Mr. Fleetwood Joiner, architect representing the owner, requested approval of these items. Planning Director Hewicker suggested an added condition to the resubdivision request, that the City review the Covenants., Conditions and Restrictions for this project. Motion was made to approve Use Permit No. 1981, (Amended) subject to the findings and conditions of Exhibit "A" as follows, which MOTION CARRIED: USE PERMIT NO.. 1981 ( Amended). FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan, the Local Coastal Plan, and is compatible with surrounding land uses. • 11111111 -15 40 [CID c August 6, 1981 . M1 MINUTES INDEX 2. That the project will not have any signifi- cant environmental impact. 3. The project will comply with all applicable City ,and-State Building Codes and Zoning requirements for new.buildingsapplicable to the district in which the proposed pro- ject is located. 4. The project lot size conforms to the Zoning Code area requirements. 5.- That each of the proposed units has been de- signed as a condominium with separate and individual utility connections. 6. The approval of Use Permit No. 1981(Amended) 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 neigh - borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the approval of Use Permit No. 1981 iAmended) shall be subject to all applicable conditions of Use Permit No. 1981. 2. That all conditions of approval of Resubdivi- sion No. 693 be fulfilled. RESUBDIVLSION NO. 693 Motion X Motion was made to approve Resubdivision No. Ayes X YX X X 693 subject to the findings and conditions of Noes X Exhibit "A with the added condition,.that prior to recordation, the City. shall review and approve the Covenants, Conditions and Re- strictions for this project, which MOTION CARRIED as follows: I I I( I I I I -16 COMMISS01,11ERS August 6, 1981 MINUTES City,of Newport Beach L1 CALL I I I I I I I INDEX FINDINGS: 1. That the maps meet 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. Request to amend a portion of Districting Map. Item #14 No. 50 from the R -A District to the R -1 -B District. Amendment NO. 563 LOCATION: A portion of Block 93 of the Irvine's Subdivision located southerly of San Joaquin Hills APPROVED 0 11111111 2. That the proposed resubdivision presents no problems from a planning standpoint. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as re- quired by Ordinance and the Public Works Department. • 3. That each unit have.individual sewer later- als and water services unless otherwise approved by the Public Works Department. 4. Prior to recordation of the parcel map, the Covenants, Conditions and Restrictions for this project shall be reviewed and approved by the City Attorney's Office and the Planning Department. Item #13 Item No. 13, Use Permit No. 2014, was continued to the Meeting.of September 10 ,1981. Continued to Septem- * * * ber 10, 198 Request to amend a portion of Districting Map. Item #14 No. 50 from the R -A District to the R -1 -B District. Amendment NO. 563 LOCATION: A portion of Block 93 of the Irvine's Subdivision located southerly of San Joaquin Hills APPROVED 0 11111111 i i mac ZONE August 6, 1981 R1 MINUTES Road between MacArthur Boulevard and San Miguel Drive. .. R -A INITIATED BY: City of Newport Beach Staff presented background information on this request. Motion X Motion was made for approval of Amendment No. All Ayes X X X X X 563 which will amend a portion of Districting. Map No.. 50 from the R -A District to the R 71 -B District, which MOTION CARRIED. • The Housing Element,was.continued to the.Meeting of August 20, 1981. ADDITIONAL BUSINESS Excused Absences. Motion X Motion was made for excused absences for Commis - All Ayes, X X XX X X X sioner Allen and Commissioner Winburn from the Planning Commission.Meeting of August 20, 1981, which MOTION CARRIED. Chairman McLaughlin requested a study session on September 10, 1981, to begin at 4:30 p.m. She recommended that the following items be discussed: mobile home park zoning for De Anza Bayside Village and in -lieu parking for West B- INDEX Item #15 Continued to August 20, 1981 ADDITIONAL BUSINESS j August 6, 1981 701 MINUTES INDEX Newport. Commissioner Thomas suggested that a future study session discuss the use of in -lieu fees for park lands. Commissioner Ba.lalis suggested that a joint meeting be scheduled between the Planning Com- missions and Department staffs for the Cities of Costa Mesa and Newport-Beach. He stated that the Beeco, Ltd. project could be discussed, along with General Plan Amendment 80 -3, 17th Street and any possible annexations. The Com- mission members expressed their interest in such a meeting. Chairman.McLaughlin stated that she would be discussing this with the .Int,er- City Relations Committee. There being no further business, the Planning Commission adjourned at 9:00 p.m. Joan Winburn, Secretary Planning Commission City of Newport Beach 0 11111111 -19