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HomeMy WebLinkAbout08/07/1980iMISSIONERS Regular Planning, Commission Meeting Place: City Council Chambers Time: 7:30 P.M. 1131 Date: August 7, 1980 S City of Newport Beach MINUTES ROLL CALL 1 1 1 1 1 1 1 1 1 INDEX Present Motion All. Ayes 0 xlxlxl xlxlxlxl All Present. EX- OFFICIO MEMBERS: James D. Hewicker, Planning Director Robert Burnham, Assistant. City Attorney STAFF MEMBE William R. Laycock, Current Planning Administrato Robert Lenard, Advance -Planning Administrator Patricia Temple, Senior Planner Donald Webb, Assistant. City Engineer Yvonne Randi., Secretary The meeting was called to order by Commissioner Balalis, who then turned the meeting over to Chairman Hai dinger x Motion was made to continue Item No. 13, Use Per - mit No. 1872, to the regular Planning Commission meeting on September 4,1980; and Item No. 14, Variance No. 1074, and Item No. 19, Variance No. 1076, to the regular Planning Commission meeting on August 21, 1980,_ as per Staff's request. Continua - tioonn of eTT ms Request to approve the Final Map of Tract No. Itelp #11 9676 subdividing 25.1 acres for residential dev- elopment, ingress an-d egress and private vehicular FINAL.MA circulation within the Sea Island project. OF TRACT N07967-9- O 967 LOCATION: A portion of Blocks 55 and 94 Irvine's Subdivision, located at APPROVED 1100 Jamboree Road, on the easterly -CO NDI- side of Jamboree Road across from TYONALLY the Newporter Inn. ZONE: P -C APPLICANT: OWNER McLain Enterprises, Newport Beach The Irvine Company, Newport Beach -I- COMMISSIONERS August 7, 1980 City of Newport Beach MINUTES Chairman Haidinger explained to the audience that the approvals of Item Nos. l through 11 were for discussion only and not for public hearing. Com- missioner Beek requested that it be on record tha the Commission was not supplied with tentative maps and was relying solely upon Staff recommenda tions with regard to conformance with the final maps. Commissioner Allen explained she was unabl to vote on this issue because she was unsure of the discretionary action and would abstain from voting on this matter as she was unsure what her mandate was. Motion x Commissioner McLaughlin made a motion to approve Ayes x x x x x this item with the following Finding and Condi- Abstain x x tion: _ . ... .... .... FINDING: 1. That the proposed Final Map of Tract No. 9676 substantially complies with.the Tentative Map and with all changes permitted and all re- quirements imposed as a condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract No. 9676 be fulfilled. Request to approve the Final Map of Tract No. 11041 (a portion of Tentative Tract Map 10391) subdividing 11.478 acres into 33 lots for resi- dential purposes, one lot for private recreationa purposes, and two lots for common area. LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded_by Bison Avenue, Jamboree Road, Ford. Road, and MacArthur.Boulevard. ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop - ment, Newport Beach OWNER: Same as Applicant 9.10 INDEX COMMISSIONERS August 7, 1980 IN, 21 City of Newport Beach MINUTES Planning Director Hewicker explained to the Com- mission that Staff reviewed final tract maps to ensure that they substantially conformed with approved tentative tract maps. He stated that Staff would make comments to the Commission or th City Council only if facts were discovered that changed what had been previously represented dur- ing the tentative map public hearings. Commis- sioner Haidinger stated that as long as he was a member of the Planning Commission, final map ap- provals had been considered routine. However, he had no problem considering the Commission bypass- ing the approval of final maps. Commissioner Thomas mentioned that final maps._could not bypass. the Planning Commission at this time. Commission er Haidinger then suggested that this matter be reviewed again at an early Study Session.. Motion x Motion.was made that the Planning Commission ap- Ayes x x x x x prove the Final Map of Tract No. 11041 with the Abikin x x. following Finding. and Condition: FTNnTNr,_ 1. That proposed Final Map substantially confo with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance.. CONDITION: 1. That all remaining. conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract.No. 11042 (a portion of Tentative Tract Map 10391) subdivic ing 13.381 acres into 46 lots for residential purposes, one lot for private recreational pur- poses, and one lot for common area. LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue; Jamboree Road, Ford Road, and MacArthur Boulevard.. ZONE: P -C -3- INIXX Motion Aye's Abstain 1] Motion Ayes Abstain 0 COMMISSIONERS August 7, 1980 m Hxx APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant x Motion was made that the Planning Commission ap- x x x xx prove the Final Map of Tract No. 11042 with the x x following Finding and Condition: C T,dn T n; C. - Q xl Ax 1. That proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract No. 11043 Item (a portion of Tentative Tract Map 10391) subdivid- ing 17.678 acres into 26 lots for residential FINA purposes, one lot for private recreational pur- TF ':T poses, and one lot for common area. LOCATION: A portion of Block 56, Irvine's Ap ROVID Subdivision, generally bounded by CO DI-` Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard. TTO NAL L;Y ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant Motion was made that the Planning Commission ap- prove the Final Map of Tract No. 11043 with the following Finding and Condition: -4- l P11 i CALL 0 Motion Ayes Abstain X "" NL' August 7, 1980 fill City of, Newport Beach FINDING:, 1. That proposed Final Map substantially confo with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract No. 11044 (a portion of Tentative Tract Map 10391) subdivi ing.14.051 acres into 28 lots for residential pu poses and two lots for common area. LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard. MINUTES ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant Ix Motion was made that the Planning Commission ap- x x x xx prove the Final Map of Tract No. 11044 with the x x following Finding and Condition: GTUnTNr_ - 1. That proposed Final Map substantially confo with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: 1.. That all remaining conditions of Tentative Tract 10391 be fulfilled. -5- Item #5 FINAL MAP F RACT NO 11044 APPROVED CONDI- TIONAULY Motion. Ayes Abstain x 0 11 x August 7, 1980 am i'. 11 MINUTES Request to approve Final Map of Tract No. 11045 Item #6 (a portion of Tentative Tract Map 10391) subdivid- ing 7.096 acres into 24 lots for residential pur= FINAL MAP Poses and one lot for common area. OF TRACT N0. 0 5 LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by APPROVED Bison Avenue, Jamboree Road, Ford. CON.DI- Road, and MacArthur Boulevard. TIONALLY. ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant Motion was made that the Planning Commission ap- prove the Final Map of Tract No. 11045 with the following Finding and Condition: FINDING: 1. That proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: T. That all remaining conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract No. 11046 Item #7 (a portion of Tentative.Tract Map 10391) subdivid- ing 6.734 acres into 27 lots for residential. pur- FINAL MAP poses, one lot for private recreational purposes, OF TRACT and one lot for common area. NO 11046 LOCATION: A portion of Block 56, Irvine's APPROVED Subdivision, generally bounded by CONDI- Bison Avenue, Jamboree Road, Ford TIONALLY Road, and MacArthur Boulevard. ZONE REO " August 7, 1980 City of, Ne APPLICANT MINUTES Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant' Motion x Motion was made that the Planning Commission ap- Ayes x x prove the Final Map of Tract No. 11046 with the Abstain I.Ilxlx z following Finding and Condition: FINDING:. 1. That proposed Final Map substantially conform: with the Tentative Map and with all changes permiTTea ana aii requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fulfilled. -7- ,c It "m #8 FI AL MAP F TR T 'NO 1 047 i AP"ROVED C DI- TI NALLY 0 A Request to approve Final Map of Tract No. 11047 (a portion of Tentative Tract Map 10391) subdivid- ing 4.095 acres into 18 lots for residential pur- poses. LOCATION: A.portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road,. Ford Road, and MacArthur Boulevard.. ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant Motion x Motion was made that the Planning Commission ap- Ayes x x x xx prove the Final Map of Tract No. 11047 with the Abstain x x following Finding and Condition: FINDING: 1. That proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as condition to its a "cceptance. -7- ,c It "m #8 FI AL MAP F TR T 'NO 1 047 i AP"ROVED C DI- TI NALLY 0 A ��vi fl August 7, 1980 LoJJ CONDITION: MINUTES WWI mix 1. That all remaining conditions of Tentative . Tract 10391 be fulfilled. Request to approve Final Map of Tract.No. 11048 Item #9 (a portion of Tentative Tract Map 10391) subdivid- ing 5.735 acres into 19 lots for residential pur- FINAL MAP poses and one lot for common area. OF TRACT NO. LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by APPROVED Bison Avenue, Jamboree Road, Ford CONDI- Road, and MacArthur Boulevard. TIONALLY ZONE P -C APPLICANT: Daon Corporation and Eagle Develop - ment, Newport Beach • OWNER: Same as Applicant Motion x Motion was made that the Planning Commission ap- Ayes x x x x x prove the Final Map of Tract No. 11048 with the Abstain x x following Finding and Condition: FINDING: 1. That proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract No. 10986 Item #10 (a portion of Tentative Tract Map 10391) subdivid- ing 7.359 acres into 29 lots for residential pur- FINAL MAP poses and two lots for common area. F TRACT NO. 10986 APPROVED _g NNALLY COMMISSIC)NERS August 7, 1980 MINUTES Fii i i , i �-- City of New Wt Beach RWCALLIIII III I INDEX LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road; Ford Road, and MacArthur Boulevard ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop- ment, Newport Beach OWNER: Same as Applicant Motion x Motion was made that the Planning Commission ap- Ayes x x x x prove the Final Map of Tract No. 10986 with the Abstain X1 x following Finding and. Condition: FINDING: 1. That proposed Final Map substantially conforms with the Tentative Map and with all changes permitted and all requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fulfilled. Request to approve Final Map of Tract No. 10987 (a portion of Tentative Tract Map 10391) subdivid- ing 15.623 acres, into four lots .for.residential condominium purposes, two lots for private streets and one lot for common area. LOCATION: A portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard. ZONE: P -C APPLICANT: Daon Corporation and Eagle Develop - ment, Newport Beach Item #11 FINAL MAP OF TRACT NO. 10987 APPROVED C N— TIONALLY OWNER: Same as Applicant Motion x Motion was made that the Planning Commission ap- Ayes x x x x x prove the Final Map of Tract No. 10987 with the Abstain x x following Finding and Condition: -9- Item #11 FINAL MAP OF TRACT NO. 10987 APPROVED C N— TIONALLY .COMMISSIONERS August 7, 1980 MINUTES Fil i i � w City of Newport Beach FINDING: 1. That proposed Final Map substantially conform with the Tentative Map and with all changes permitted and al.l requirements imposed as condition to its acceptance. CONDITION: 1. That all remaining conditions of Tentative Tract 10391 be fu.lfilled. Request for an extension of time in which to Item #12 record the Parcel Map of a previously approved resubdivision which created one parcel.of land RESUB- where two parcels previously existed. DIVISION 90. 611 • LOCATION: Parcel Nos. 1 and 2, Parcel Map 95- 7,.(Resubd.ivision No. 538) APPROVED located at 1011 Camelback Street EXTENSION on the southeasterly corner of Camelback Street and Jamboree Road in the North Ford Planned Community. ZONE: P -C APPLICANT: Temple Bat Yahm, Newport Beach OWNER: Same as Applicant ENGINEER: William G. Church, Newport Beach James Hewicker, Planning Director, stated that the Planning Commission has discretion in this item. Motion X :Motion was made to permit a two year extension of All Ayes time-in which to record the Parcel Map on this item, subject to the findings and conditions at- tached to the original approval of the resubdivi- sion as follows: • -1.0- . August 7, 1980 MINUTES of Newport Beach INDEX 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. 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. Th.at a subdivision agreement with accompany- ing surety be provided if it is desired to record .the parcel map before the required public improvements are completed. 4. That Condition of Approval _No. 4 of Resub- division No. 538 requiring extension of the existing sewer line in Camelback Street be made-null and void (.this extension is not . necessary if the two parcels created by Re- subdivision No. 538 are combined into one parcel). 5. That Conditions of Approval of Use Permit No.. 1892 be fulfilled. 6. That.a five -foot wide P.C.C. sidewalk be constructed immediately behind the curb along the Camelback Street frontage between the driveway and the adjacent property on the east side and between.the driveway and Jamboree Road on the west side. • IIIIIIII -,1_ August 7, 1980 MINUTES City Of Newport Beach • y ROLL CALL 111 1111 IINDEX Request to permit the installation of a radio antenna and tower that exceed the basic height limit in the 24/28 Foot Height Limitation Dis- trict. The maximum height of the proposed ex- pandable structure will be sixty -five feet t above grade when in use and reduced in height to twenty - seven feet t above grade when not being. utilized. LOCATION: Lot 93, Tract No. 1140, located.at 2461 Crestview Drive, on the west- erly side of Crestview Drive south- erly of Marino Drive in Bayshores.. ZONE: R -1 • -12- Request to consider th.e revocation of Use Permit Item #13 No. 1872 permitted the construction of a .which two -story s.ingle - family dwelling and related USE PERMI' NO. 1872 two -car garage to the rear of an existing com- (REVOCA- mercial shop in the C -2 District. The approved development also included a modification to the TION Zoning Code that permitted a portion of the re- quired parking spaces to be tandem spaces. CONTINUED LOCATION: Lot 17, Block 331 of the Lancaster's TO SEPT. 4 Addition, located at 428 - 31st -1980 Street, between _Villa Way and Newport Boulevard. ZONE: C -2 . APPLICANT: Mamie Van Doren, Newport Beach INITIATED BY: The City of Newport Beach • OWNER: Same as Applicant Motion X Motion was made to continue this item to the All Ayes regular Planning Commission-meeting on.September 4, 1980. Request to permit the installation of a radio antenna and tower that exceed the basic height limit in the 24/28 Foot Height Limitation Dis- trict. The maximum height of the proposed ex- pandable structure will be sixty -five feet t above grade when in use and reduced in height to twenty - seven feet t above grade when not being. utilized. LOCATION: Lot 93, Tract No. 1140, located.at 2461 Crestview Drive, on the west- erly side of Crestview Drive south- erly of Marino Drive in Bayshores.. ZONE: R -1 • -12- COMMISSIONERS August 7, 1980 MINUTES Motion All Ayes M Beach APPLICANT: Edward Karagozian, Newport Beach OWNERS: Edward and Elizabeth Karagozian, Newport Beach Motion was made to continue this matter to the regular Planning Commission meeting on August 21, 1980. INDEX Advance Planning Administrator Lenard made a presentation regarding the current status of the Local Coastal Plan. It was explained that the Land Use Plan and Development Policies document resulted from 20 months of study by the.Local Coastal Planning Advisory Committee. Planning Director Hewicker announced that two additional members of the Newport Beach staff were present: Dave Harshbarger, Director of The Marine Department; and Lt. Mike Blitch of the Newport Beach Police Department. Chairman Haidinger announced that the public • hearing was open and suggested that the discussio begin with comments on the Oceanfront bikeway/ walkway._. -13- Consideration of proposed Land Use Plan and Item #15 LOCAL CORSTAL Development Policies for the Local Coastal - Program, INITIATED BY: The City of Newport Beach PROGRAM CONTINUE • Prior to the opening of the "public hearing on the Local. Coastal Program, it was stated that Commissioners Balalis and Beek would step down from the dais at this hearing until a formal opinion from the Fair Political Practices Commis- TO AUGUS X80 AT 2:00 P.M. sion was received. Commissioners Balalis and Beek were directed to remain in the room to listen to.the public testimony in order.that they might participate in future hearings, if it was deemed advisable. Advance Planning Administrator Lenard made a presentation regarding the current status of the Local Coastal Plan. It was explained that the Land Use Plan and Development Policies document resulted from 20 months of study by the.Local Coastal Planning Advisory Committee. Planning Director Hewicker announced that two additional members of the Newport Beach staff were present: Dave Harshbarger, Director of The Marine Department; and Lt. Mike Blitch of the Newport Beach Police Department. Chairman Haidinger announced that the public • hearing was open and suggested that the discussio begin with comments on the Oceanfront bikeway/ walkway._. -13- August 7, 1,980 Z MINUTES Lt. Mike Blitch of the Newport Beach Police Department addressed the Planning Commission to give the Department view on extension of the Oceanfront Bikeway /Walkway. He stated that it was the experience of the Department that a sidewalk would contribute'.to the formation of groups and gathering whose recreational purposes are not "beach related ". The formation of these groups sometimes leads to conflicts between var- ious groups. Also; extension of the sidewalk . westerly to Huntington Beach would allow more "undesirable" elements to move in residential areas. In response to a query by Commissioner McLaughlin regarding restroom facilities, Lt. Blitch concluded his comments by stating he felt similar problems would.be experienced a.t restroom facilities, if constructed. -14- Norman Allen, 2121 Seville Avenue, representing The Balboa Peninsula Point Association addressed • the Planning Commission and expressed'his oppo- sition to the Oceanfront Bikeway /Walkway proposal He informed the Commission that a survey was take in the Balboa Peninsula Point area regarding the proposed sidewalk extension and the restroom. facility proposed for the wedge. He indicated that 85 percent of respondents indicated a nega- tive.feeling on the sidewalk extension and 75 percent of respondents indicated a negative feeling on the provision of a restroom facility at the "wedge ". Motion X Commissioner.Cokas -made a motion to allow Mr. Ayes.. X X X. X Allen additional time for his presentation, Abstain. XX which MOTION CARRIED. Mr. Allen concluded his presentation by speaking to the public safety hazard which the sidewalk extension represents. He indicated that the extension would be indirect conflict with The Coastal Act requirements to protect natural resources, public safety and private property rights. Mr. Dick Clucas, 4403 Seashore Drive, addressed the Planning Commission and expressed the idea • that the beach represents a very limited resource -14- • 0 MINUTES August 7, 1980 0 Additionally, he stressed the opinion that there is no limitation to lateral access along th.e ocean at present since there are no obstructions or fen.ces whatever. Mr. Clucas concluded his comments by stating that.he felt the use of the oceanfront sidewalk as.a bicycle trail was very dangerous and that the.use of Seashore Drive for this purpose is much safer. Terry Dubay, 5107 Seashore Drive, addressed the.. Planni.ng.Commission and spoke to the issue of the unsavory and abusive persons that already frequen the West Newport area and expressed the opinion that extension of the Oceanfront Bikeway /Walkway would intensify an already unsafe situation.. Mr. Dubay concluded by stating that he would be in favor of ripping out the existing sidewalk to help bring normalcy to the area. Cha..irman Haidinger advised the audience that he intended to take a show -of -hand to indicate favor or opposition to the Oceanfront Bikeway /Walkway proposal and suggested to the audience that unles someone had.new information to express, it would_ not be necessary to repeat what has already been stated. Mr. Brian Bovers of Corona del Mar addressed the Planning Commission and stated that he was not in favor of extending the walkway because it would. disturb the natural beauty of the area and detrac from the diversity: of the beach experience in .Newport Beach. Mr. Bovers concluded by citing.an Ensign newspaper phone survey which indicated 80 percent opposition to the bikeway proposal. Nancy Larner, 1412 E. Ocean.Front made the comment that the residents in the area are proud of their neighborhood and make an effort to keep it clean. She stated that if a walkway.is constructed, many residents might give up their efforts. Wally Seminic, 6807 W. Seashore Drive questioned the-Commission as to the costs of construction and maintenance of thewalkway and also expressed con- cern regarding the legal liability the City incurs for those persons using the bikeway /walkway. . -15- August 7, 1980 City of Newport Beach MINUTES Planning. Director.Hewicker informed the Planning Commission that the information regarding con- struction costs were included in the Appendix on Page 19 of Supplement No. 3. The costs estimated were $72,000 from "E" Street to the Wedge, and $160,000 from "36th" Street.to the Santa Ana. River for a total construction cost of $232,000. The maintenance costs were estimated to be $6.80 per mile. Steve Acre of Santa Ana addressed the Planning Commission and stated that the bikeway would not be favored-by non -city residents in that the beach is the attraction in Newport Beach, not the walkway: R. G. Mitchell, 2172 E: Ocean Front addressed the Planning Commission regarding the type of persons which frequent the wedge area at night. He claim that this group uses foul language and litters th area and was strongly opposed both to the Oceanfr Bikeway /Walkway and the proposed restroom in that these-facilities would, encourage further usage of the area by these undesirable night people. Chairman Haidi.nger:then asked the persons in attendance at the meeting fora-show of hands in- dicating approval and disapproval of the restroom and walkway proposals. The Chairman observed tha only three persons indicated approval of these proposals. He then invited.anyone in favor of the proposals to address the Commission. Robert Newcomb, 513 Carnation Avenue addressed th Commission and stated approval of.the proposal. to extend the Oceanfront Bikeway /Walkway.. He stated that it was.his opinion that the residents were in fact trying to limit access to the beach. Mr. Newcomb noted that previous speakers had-ad- dressed existing problems rather than the new issue.. He concluded by stating that it was his belief that the extension of this wal.kway would, be of great benefit to the majority of people in town. • Terry Brennan, 71.06 W. Ocean.Front, stated that the beach, which is a unique' natural resource, . should not be.covered with concrete. -16 -- t IyMMIJ� N August 7, 1980 CItV Of MINUTES , Merrill Skilling, 6610 W. Ocean Front addressed the Planning Commission and spoke to three issues 1) He suggested that the addition of a bikeway in West Newport would be redundant in that there are already two bicycle trails that parallel the oceanfront in West Newport; 2) Mr. Skilling also stated that it was his opinion that the access provided already exceeds the carrying capacity of the beach in that the beach will hold 60,000 persons; but that on peak days there have been counts of 120,000 to 160,000; and, 3) He addresse the issue of privacy of the homeowner, which is a requirement of the:.Coastal Act. In.response to a question posed by Commissioner Thomas, Mr. Skilling stated that there should be more to the recreational usage of the beach area than providing facilities for bicycle riders, that is, an opportunity to enjoy the scenery and natural beauty of the beach. . Charles E. Duggan, 2238 Channel Road appeared before the "Commission and stated that the usage of the beach by unsavory persons make using the beach dangerous for persons wishing to use the beach for beach- oriented recreation. Paul Heasenstein, 4306 W. Ocean Front.addressed the Commission and stated that the addition of the sidwalk wo.uld maximize impacts to the adjacent residential uses and that the Commission should also consider the safety aspects of the sidewalk. Chairman Haidinger then explained to the public that this meeting was to take public testimony and that no votes would be taken at this time. He then declared a ten minute recess at 10:00 p.m. The meeting reconvened at 10:10 p.m. and Chairman Haidinger declared the hearing open for comments regarding "beach access ". Judy Franco, representing the Lido Isle Community Association, addressed the Commission and requeste that the Area Description on Lido.Isle found on • IIIIIIII -17- CCNv1MISSIONERS 9 August 7 1980 MINUTES 9 , Cit of New t Beach ROLL CALL INDEX Page 46 of the draft Land Use Plan and Development Policies be revised to omit the reference.to establishment of a signing program for beaches and public access easement on Lido Isle. She expressed the opinion that as Lido Isle residents have leased and maintained these areas for a number of years and also as there are no public facilities available on Lido Isle that the LICA request should be granted. Earl Hardage of Lido Isle stated that when public property is leased, it should be considered "priva.te Henry Eager of Long Beach addressed the Commissio and stated that'he was in favor of the boardwalk and restroom proposals in that the people who use the beach deserve the facilities to support that use: Doug de Flower of Lido Isle.addressed the Commis- sion sion and stated that encouraging additional perso s to use Lido Isle for recreational purposes was not reasonable in that there was only one access point on and off the island. Tony Turner of Newport Heights addressed the Commission to inform them. of the difficulty the. mooring owners off Lido Isle had in gaining access to their boats. He stated that improving access on the Island would aid many who wished to gain access to the water from Lido Isle. William Bluerock, 1344 W. Bay Avenue addressed the Commission and informed them of his participa- tion.with the "Positive Action Team" in order to - provide the. City with constructive criticism in the LCP process. He also expressed.a concern over the lack of a housing component in the Plan. Planning Director Hewicker commented that staff, would provide the Commission with additional in- formation regarding the issue of housing before the hearings are completed.. Motion X Chairman Haidinger made a motion to continue the Ayes X X X X X public hearing to August 21, 1980 at 2:00 -p.m. Vain -18- COMMISSIONERS August 7, 1980 MINUTES � s i y of Newport Beach City t ROLL CALL INDEX Request to amend a previously approved use permit that permitted the establishment of a restaurant facility with on -sale beer and wine in the C -.1 District, and the acceptance of an off -site parking agreement. The proposed amendment in Item #16 USE PERMIT NF 1778 AMENDED} eludes the conversion of an existing structure, adjacent to the existing restaurant, which will APPROVED CONDI- TIONALLY be used for additional public serving area, and the acceptance of an off -site parking agreement for the expanded restaurant facility. LOCATION: Lots 5,and 6, Block B of Tract No: 470 located at 2443 East Coast Highway in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson, dba Hemingway's Restaurant • OWNER: Jim Wood, Corona del Mar The Public Hearing was opened in conjunction with this item. Commissioner Haidinger asked if the applicant was present and Mr. Johnson approached .the podium to speak. He stated he.had read the findings and conditions of the Staff report and that they were most acceptable to him. 1. Commissioner Allen asked Staff to explain if there was a time limit on this applicati.o.n. James Hewicker, Planning Director, stated that no time limit would be required unless the Com- m fission imposed said condition on the use permit. Commissioner Allen continued her comments by saying that she knew.that the Corona del Mar. business property owners and the Corona del Mar Chamber of Commerce.were proposing a Specific Area Plan in the commercial area of Old Corona del Mar, and questioned whether action on this matter should be deferred or brought up again when the Pl.an is reviewed. Planning Director Hewicker stated that if the Commission approved the subject use permit, and then the Specific Area Plan was subsequently ap- proved, and the restaurant use became legal -19- COMMISSIONERS1 August 7, 1980 MINUTES .ry M -It Beach INDEX but nonconforming, A t was.hi.s opinion that the restaurant use could continue as a legal, non- conforming use. Mr. Johnson mentioned that in.the Staff report it was stated that he had more parking for his restaurant than was actually required. Planning Director Hewicker stated that the use permit for the existing restaurant facility had to be renewed every few years at which time mem- bers of the Staff go out and make sure.the sub- ject resaurant use vas conforming with all con- ditions of approval.. Commissioner Beek asked.M.r. Johnson to clarify his hours of operation as mentioned in his letter to the Commission. Mr. Johnson replied he would be interested in having his restaurant hours from 5:30 P.M. to 10:30 P.M. He stre.ssed he was a • dinner house only, as opposed to a liquor lounge, or a bar, and that his clientele frequently dined late, following various cultural or social gatherings. He reiterated that he did not wish to draw any after -hours patrons and wished only to continue as a dinner house and his request for later hours had only to do with serving din- ners. Mr. Johnson commented that he knew the Commission would make a decision based on serving the betterment of the community and stated that he respected that commitment. Commissioner Beek requested from Staff a comment on the closing hours for Hemingway's Restaurant, mentioning that the owner now had a use permit of being open .until 10:00 P.M. at night, when in fact the restaurant accepted reservations until 10:00 P.M. which really meant that the restaurant use was-open after 10:00 P.M. to finish serving its customers. Planning Director Hewicker said it was his inter- pretation that the restaurant should be closing at 10:00 P.M. as the hours of operation of the .approved use permit stipulate that the restaurant -20- August 7, 1980 . MINUTES City of Newport Beach INDEX use shall not be open for business after 10:00 P.M. Mr. Hewicker added that two of the off -site parking lots now used for Hemingway's Restaurant were required to be closed at 10:00 P.M. due to . the proximity of the residential area to.the restaurant. Commissioner Beek suggested that the actual restaurant operation hours be amended to close at 11100 P.M.,.as. that hour would better exemplify the actual operating hours of the restaurant. Motion X Commissioner Cokas made a motion to approve this item, but to amend the restaurant closing time to read that the last reservations shall be taken at 10:00 P.M. Motion X An amended motion was made that the closing time of the restaurant be.12:00 midnight, which was accepted by Commissioner Cokas: • Commissioner Beek then brought up the subject of valet parking in connection with this use permit. Staff was asked to explain why Condition No. 5 for valet parking was included in their recommen- dation. Planning Director Hewicker explained that the proposed off -site parking area was loca- ted in a partiallylsubterranian parking structure and it was determined by Staff that in.order to get the full benefit of the lot and to make it fully usable for the restaurant's patrons, that valet parking should be utilized. It was further stated that the parking spaces on the subject off- site lot were irregular. Motion X Amended motion was made that Condition No. 5 be deleted so as to eliminate the requirement for valet parking. Ayes X X Commissioner Beek's :amended motion was voted on Noes X X YX y and failed, and therefore, the valet parking re- quirement was retained. All Ayes The original motion of Commissioner.Cokas was thei voted on and.carried with the following findings and conditions: -21- 0 August .7, 1980 of Newport Beach FINDINGS: MINUTES 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. A portion of required parking spaces for the proposed restaurant facility on separate lots from the building site is justifiable for the following reasons: (a) The.off -site parking lots adjoining the restaurant and are easily accessible. (b) The proposed development will not create undue traffic hazards in the surrounding area. (c) The applicant either has.or can provide long term'agreements for the use of the subject off -.site parking lots during the evening hours of the week and on weekend or holidays when the restaurant will be in operation. 5. The approval of Use Permit No. 1778 (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 or improvements in the neighborhood. or the generalwelfare of the City. CONDITIONS: 1. That development shall be in substantial.con- formance with the approved plot plan. 2. That an off - site parking agreement be approve by the City Council guaranteeing that a mini mum of 10 additional parking spaces by pro pro- vided at 2421 fast Coast Highway. -22- f • L August 7,.1.980: of Newwrt Beach MINUTES 3. That the existing off -site parking agreements which provides for a minimum of 22 parking spaces at 705 and 707 Carnation Avenue be maintained. 4. That the restaurant facility shall not be open for business prior to 5:00 P.M. or after 12:00 midnight, Mondays through Fridays, or prior to 9:00 A.M. or after `12:00 midnight on weekends or holidays. These hours may be adjusted by the Planning Commission provided -satisfactory parking can be provided in another location. 5. That.valet.parking service be provided during the hours the restaurant facility is open. 6. That all improvements be constructed as re-, quired by ordinance and the Public Works Department. 7. That approximately 150 sq. ft. of deteriorate A.C.C. sidewalk be reconstructed along the Carnation Avenue frontage and that the exist- ing parkway tree that is displacing a portion of the sidewalk be root pruned or removed as required by the Parks, Beaches and Recreation Department. 8.. That arrangements be made wit.h the Public Works Department to guarantee the satisfactory completion of the public improvements if it is desired to.obtain a Building Permit prior to completion of the public improvements. 9. That all remaining applicable conditions of Use Permit No. 1778 shall continue to be met. Request to establish a restaurant facility with on sale wine in an existing warehouse building on Washington Avenue. The proposal also includes the paying of an annual fee to the City for.the required restaurant parking spaces in an adjoinin municipal parking 1!ot. -23- Item #17 USE PERM APPROVED CONDI= TIONALLY , r August 7, 1980 m Beach MINUTES INDEX LOCATION: The easterly one -half of Lot 1.0, resubdivision of Block 9, Balboa, located at the rear of 204 Washing- ton Avenue, north of Balboa Boule -. vard in Central Balboa. ZONE: C -1 APPLICANT: Robert Guilty, Newport Beach OWNER: Melvin Fuchs, et al, Balboa Planning Director Hewicker opened the.'discussion by handing out additional architectural render- ings of the proposed restaurant's interior and exterior to the.Commission. Mr. Hewicker stated that the applicantproposed to have one seating per evening with a• maximum seating of 20.guests. He added that all the guests would be provided with limousine service to the restaurant regard- . less of where they ,lived. He added that the staff report had suggested that approximately 10 parking spaces (i.e.15 in -lieu spaces in the Muni - cipal lot and 5 spaces.in an approved off -site .location) be provided for the restaurant use. However, if ,limousine service were required,..then only 3 to 5 parking spaces would be required for employees. Planning Director Hewicker indicated that the cost to the restaurant patron would be approxi- mately $125 per guest. Commissioner Allen sug- gested that with a restaurant that planned to charge $250 for a couple to dine, it seemed un- reasonable that.only 3 employee parking spaces would be needed. Mr. Hewicker directed Commis- sioner Allen to address that question to the applicant who would be able.to explain his park- ing demands. He further added that. the limousine would deliver the customers to the restaurant and then they would bedispatched elsewhere until the Were-required to.take the customers back home after dining. It`.was further stated that if the applicant changed the operational use of the use ,,permit, such as deleting the limousine service, • then the applicant,would be required to amend the use permit so as to provide the required parking spaces. l i l i l l l l -24- COMMISSIONERS August 7, 1980 MINUTES City of Newport Beach ROLL CALL I I I I I I JINDEX The Public Hearing; was opened in connection with this item, and Ed Sands architect for the pro- ject, appeared before the Commission on behalf of the Applicant. Mr. Sands described the late medieval- renaissance motif of the proposed restau rant facility. He.also reviewed the unique feature of the proposed development that would consist of the preparation of all of the food in front of the patrons. Mr. Cuilty, the applicant, then appeared before the Commission. Commissioner Haidinger directed a question to Mr..Cuilty concerning the number of employees intended.for this operation. Mr. Cuilty said there would be a hostess, a dish- washer, a waiter and himself. Mr. Cuilty per - formed as chef and planned to prepare the meal courses himself. To answer a question Commis - sioner Allen posed regarding her questions as to how this elaborate meal service could be perform • ed with the minimal help indicated,:Mr. Cuilty explained in detail his experience and expertise in doing the shopping, preparing and cooking and cited his experience as a teacher and master chef Motion Y Motion was made that Use Permit No. 1944 be ap- proved with the findings and conditions.as specified in Exhibit A of the staff report. Motion X Following general discussion on whether it should Ayes X be mandatory for patrons to take the limousine to Noes X YX X X the restaurant as opposed toarriving by their own Abstain X means, an amended motion was trade by Commissioner Beek to revise Condition No. 9 so as to require that all patrons m:ust take the proposed limousine service to the restaurant. The amended motion was voted on and failed. Motion X Commissioner Beek :then made a second amended Ayes X X X motion to modify Condition No. 6 to require 13 Noes X X Y in -lieu parking spaces. Said amended motion was then voted on and :failed. Motion X An amended motion was then made to delete Con - Ayes X d'ition No. 6 to require in -lieu parking.spaces. NW XK X X X Motion failed. -25- COMMISS{ONERS August 7, 1980 z Beach MINUTES INDEX Ayes Abstain 0 X X X X Y The or motion was then voted on and carried X with the followingifindings and conditions: FINDINGS: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact,.providing.that parking demands are met. A municipal. parking lot is directly north and contiguous to the proposed restaurant facility, and may be useful to said business during the evening.hours. 3. Parking demand for the restaurant should be lower than normal due to the unusual oper- ational character of the proposed restaurant. 4. The Police Department has indicated that they do not contemplate any problems. 5 -. The proposed background music.will not be .detrimental _to any surrounding land use so long as the music is confined to the interior of the restaurant. 6. The approval of Use Permit No. 1944 will not, under the circumstances of this case.be detri mental to the health, safety, peace, morals, comfort and general welfare of persons resi- ding.and working in the neighborhood.or be detrimental or injurious to property and improvements in the nieghborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial con - formance with the approved plot plan. 2. That all exterior lighting and signs shall be approved by the Planning Director. • 3. That all mechanical equipment and trash.a.reas shall be screened from public streets, alleys or adjoining properties. -26- COMMISSIONERS 0 August 7, 1980; of Newport Beach MINUTES 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District In addition, the Kitchen hood system shall have an automatic fire protection system in- stalled. 5. That this. approval shall be for a period of .two years, and any extension shall be subject to the approval of the Modi.fications.Commit- tee. 6. That five (5)' "in- li.eu" parking spaces shall be purchased from the City on an annual basis for the duration of the restaurant use on the site. 7. That the Applicant provide five (5) off -site parking spaces through the use of an off -site parking agreement. Approval of said agreemen shall be subject to the procedures as set forth in Section 20.30.035(D) of.the Newport Beach Municipal Code. 8. That the hours of operation shall be limited between 5:30 p.m. and 12:00 midnight. 9. That the proposed limousine service shall be provided as an option to all restaurant patrons as a part of the dinner reservation. 0. That any proposed background music shall be confined to the interior of the facility. Request to permitthe construction of a second - story addition to 'a one- story, single- family dwelling which exceeds the permitted floor area in the R -1.5 District. A modification is also requested to permit a two -foot encroachment in the eight -foot front setback area along Onyx Street, and a seven -foot encroachment in the. ten -foot rear setback area. • LOCATION: A portion of Lot 16, Block 21, Balboa Island, located at 127 Onyx Avenue, Balboa Island -27- INDEX Item #1 ED COMMISSIONERS August 7, 1980; MINUTES City of Newport Beach ROLL CALL INDEX ZONE: R -1.5 APPLICANT: Jack Br,umagin., Newport Beach OWNER: Same as Applicant The Public Hearing was opened in connection with this.item. Jack.Brumagin, the applicant, ap- peared before the Commission. Mr. Brumagin . directed the Commission's attention to several items, including garage space difficulties and the inadequacy of the living quarters as they existed on the property, hence the need for this variance request. The following persons appeared before the Com- mission in opposition to the project: Jack Wright, Nelda Gibson, Dean Skall, Skip Vander -. griff, Mr. and Mrs. John Werlie, and Mrs. Parker Their concerns consisted of the proposed develop- ment decreasing property values, obstruction of views, overbuilding a small lot, yard encroach- ments and garages fronting on Onyx Avenue. Bill Hardesty, representing.the Board °of Director of the Balboa Islaind Improvement Association, ap- peared before the Planning Commission and stated that the Board would oppose any building.encroach ment into the required 8 foot front yard along Onyx Avenue, but had no objections to the project encroaching to within 3: feet of the rear property line. Furthermore, Mr. Hardesty clarified that a majority of the Board would support a structure on the site between 1;475 square feet.and 1,600 square feet, including the garage, but not the proposed floor area of 2.4times the buildable area. Commissioner Beek discussed the buildable area permitted on a typical lot on Balboa Island. He stated that the applicant should not be granted a variance to exceed the total floor area of a typical lot. However, he felt that a specific amount of floor area should be permitted on the subject one -half lot,. • I I I I I I I -.28- COMMISSIONERS August 7, 1980 MINUTES L City of Newport Beach ROLL CALL INDEX Motion X A motion was made to approve this item, subject to the conditions that the structure not exceed 1,584 square feet of area (including one of the required garage spaces.in said area), and that an 8.foot front yard, 3 foot side yards, and a 3 foot rear yard be maintained.. Motion X After a lengthy discussion, an amendment to the All Ayes motion was made to deny this application, which motion carried. Request to reducethe parking requirement for retail and office use in Lido Marina Village, located in.the C -1 -H District. LOCATION: A portion of Lot 2,.Tract No. 1117, Lot :l of Tract 1235; Lots 1126, 1124, 1123, 1122 and 1121 of • Tract 907; Lots 16, 17, 18, 19, 20, 21, 22, 23 and 24 of Tract. 1622. Generally located northerly of Via.Lido; north and south of Via Oporto and east of Central Avenue. ZONE: C -1 -H APPLICANT: Robert Inch, Lido Marina Village, Newport Beach OWNER: Lido Marina Village, Ltd., Newport Beach Motion X Motion. was made to continue this item to the All Ayes Planning Commission meeting of August 21, 1980, as per staff's request. ADDITIONAL BUSINESS Motion X Motion was made that Commissioners Cokas and All Ayes McLaughlin be dismissed from the regular Planning Commission meeting of 8- 21 -80. There being no further business, the Planning Commission adjourned at 11:15 p.m. GEORGE COKAS, Secretary Planning Commission X29- City of Newport Beach #19 ,NCE TIHIJED