HomeMy WebLinkAbout08/08/1985J
REGULAR PLANNING COMMISSION MEETING
COMMISSIONERS PLACE: City Council Chambers MINUTES
x x T TIME: 7:30 P.M.
f a 0 i DATE: August 8, 1985
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Present
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All Commissioners Present.
EX- OFFICIO MEMBERS PRESENT:
Carol Korade, Assistant City Attorney
STAFF MEMBERS PRESENT:
Robert P. Lenard, Advance Planning Administrator
W. William Ward, Senior Planner
Patricia Temple, Environmental Coordinator
Don Webb, City Engineer
Dee Edwards, Secretary
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Minutes of July 18, 1985
inutes
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Motion
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Motion was made for approval of the July 18, 1985,
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All Ayes
Planning Commission Minutes, which MOTION CARRIED.
Request for Continuance
Request
For
Robert Lenard, Advance Planning Administrator, advised
EontinuancE
that the applicant has requested that Item No. 8, Use
Permit No. 3162, be continued to August 22, 1985.
Motion
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Motion was made to continue Use Permit No. 3162 to
All Ayes
August 22, 1985. Motion voted on, MOTION CARRIED.
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August 8, 1985
Beach
Resubdivision No. 814 (Public Hearing)
Request to resubdivide two existing lots so as to elim-
inate an interior property line and create a single
building site so as to allow structural alterations to
an existing building on the subject property.
LOCATION: Lots 21 and 22, Block 331, Lancaster's
Addition, located at 418 and 420 31st
Street, on the southerly side of 31st
Street between Villa way and Newport
Boulevard, in Cannery Village.
ZONE: C -2
APPLICANT: Gilsand Company,.Newport Beach
OWNER: Same as applicant
ENGINEER: Duca- McCoy, Inc., Corona del Mar
• The public hearing opened in connection with this item,
and Mr. Pat Rogan, representing Gilsand Company,
appeared before the Planning Commission. Mr. Rogan
stated that the applicant concurs with the findings and
conditions of approval in Exhibit "A ". The public
hearing was closed at this time.
Motion A motion was made to approve Resubdivision No. 814,
All Ayes subject to the findings and conditions in Exhibit "A ".
Motion voted on, 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 the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
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August 8, 1985
Beach
Resubdivision No. 814 (Public Hearing)
Request to resubdivide two existing lots so as to elim-
inate an interior property line and create a single
building site so as to allow structural alterations to
an existing building on the subject property.
LOCATION: Lots 21 and 22, Block 331, Lancaster's
Addition, located at 418 and 420 31st
Street, on the southerly side of 31st
Street between Villa way and Newport
Boulevard, in Cannery Village.
ZONE: C -2
APPLICANT: Gilsand Company,.Newport Beach
OWNER: Same as applicant
ENGINEER: Duca- McCoy, Inc., Corona del Mar
• The public hearing opened in connection with this item,
and Mr. Pat Rogan, representing Gilsand Company,
appeared before the Planning Commission. Mr. Rogan
stated that the applicant concurs with the findings and
conditions of approval in Exhibit "A ". The public
hearing was closed at this time.
Motion A motion was made to approve Resubdivision No. 814,
All Ayes subject to the findings and conditions in Exhibit "A ".
Motion voted on, 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 the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
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4. The project will not have any significant environ-
mental impact.
CONDITIONS:
1. That a parcel map shall be recorded.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That a'standard subdivision agreement and accompa-
nying surety be provided in order to guarantee
satisfactory completion of the public improvements
if it is desired to record a parcel map or obtain
a building permit prior to completion of the
public improvements.
4. That curb, gutter and sidewalk be constructed
along the 31st Street frontage under an encroach-
ment permit issued by the Public Works Department,
or if approved by the Public Works Department,
that the developer deposit a sum with the City
equivalent. to the construction cost of the im-
provements.
5. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission.
Final Map of Tract No. 12360 (Discussion)
Request to subdivide a portion of an existing parcel of
land into three numbered.. lots, each for two -unit
residential condominium development, and one lettered
lot for public access and public utility purposes, on
property located in the Unclassified District.
LOCATION: A portion of Lot 37, Newport Heights
Tract, located at 726 -73211 Tustin
Avenue, on the southeasterly side of
Tustin Avenue, between Holly Lane and
16th Street, in Newport Heights.
ZONE: Unclassified
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Motion
All Ayes
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August 8, 1985
of Newport Beach
APPLICANT: Brion S. Jeannette, Newport. Beach
OWNER: Keith Hosfiel, Newport Beach
ENGINEER: Robin B. Hamers, Newport Beach
Mr. Mike Beam, representing the applicant, appeared
before the Planning Commission. Mr. Beam stated that
the applicant concurs with the finding and condition in
Exhibit "A ".
A motion was made to approve Final Map of Tract No.
12360 subject to the finding and condition in Exhibit
"A ". Motion voted on, MOTION CARRIED.
I& "No
1. That the proposed Final Map substantially conforms
with the Tentative Map of Tract No. 12360 and all
conditions imposed in conjunction with the ap-
proval of the Tentative Map.
CONDITION:
1. That all conditions of the Tentative Map of Tract
No. 12360, as approved by the City Council on
March 11, 1985 shall be fulfilled.
Use Permit No. 1496 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of an automobile service
station on property located in the C -0 -H District. The
proposed amendment includes a request to permit the
construction of a small office booth to be used in
conjunction with the service department of the existing
service station.
LOCATION: Parcel No. 1 of Parcel Map 34 -40
(Resubdivision No. 290), located at
1550 Jamboree Road, on the southeasterly
corner of San Joaquin Hills Road and
Jamboree Road, across the street from
the Big Canyon Planned Community.
ZONE: C -0 -H
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August 8, 1985
of Newport Beach
APPLICANT: Brion S. Jeannette, Newport. Beach
OWNER: Keith Hosfiel, Newport Beach
ENGINEER: Robin B. Hamers, Newport Beach
Mr. Mike Beam, representing the applicant, appeared
before the Planning Commission. Mr. Beam stated that
the applicant concurs with the finding and condition in
Exhibit "A ".
A motion was made to approve Final Map of Tract No.
12360 subject to the finding and condition in Exhibit
"A ". Motion voted on, MOTION CARRIED.
I& "No
1. That the proposed Final Map substantially conforms
with the Tentative Map of Tract No. 12360 and all
conditions imposed in conjunction with the ap-
proval of the Tentative Map.
CONDITION:
1. That all conditions of the Tentative Map of Tract
No. 12360, as approved by the City Council on
March 11, 1985 shall be fulfilled.
Use Permit No. 1496 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of an automobile service
station on property located in the C -0 -H District. The
proposed amendment includes a request to permit the
construction of a small office booth to be used in
conjunction with the service department of the existing
service station.
LOCATION: Parcel No. 1 of Parcel Map 34 -40
(Resubdivision No. 290), located at
1550 Jamboree Road, on the southeasterly
corner of San Joaquin Hills Road and
Jamboree Road, across the street from
the Big Canyon Planned Community.
ZONE: C -0 -H
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APPLICANT: Newport Center Chevron, Inc.., Newport
Motion Beach
All Ayes
OWNER: The Irvine Company, Newport Beach
The public hearing opened in connection with this item,
and Mr. Roger Schmidt, applicant, appeared befpre the
Planning Commission. Mr. Schmidt stated that he
concurs with the findings and conditions in Exhibit
"A".
The public hearing was closed at this time. A motion
was made to approve Use Permit No. 1496 (Amended)
subject to the findings and conditions in Exhibit "A ".
Motion voted on, MOTION CARRIED.
FINDINGS:
I I I I I I I 1. That the existing automobile service station is
consistent with the Land Use Element of the
General Plan and is compatible with surrounding
land use.
2. That adequate off - street parking spaces are being
provided in conjunction with the service station
operation.
3. That the proposed office booth is a minor addition
to the existing service station operation and will
not significantly alter the physical character of
the service station use.
4. The approval of Use Permit No. 1496 (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 neighborhood, or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan, and
elevations except as may be noted below.
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2. That all previous applicable conditions of ap-
proval of Use Permit No. 1496 shall be fulfilled.
3. That the applicant shall provide a solid masonry
wall enclosure with solid gates for all trash bins
and outdoor storage areas.
4. That the applicant shall obtain all required
building permits for the converted trash enclosure
and the proposed office booth.
5. That the Planning Commission may add /or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
6. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in section 20.80.090 A of the Newport
Beach Municipal Code.
• x
Use Permit No. 1963 (Amended) (Public Hearing)
Request to amend a previously approved use permit which
permitted the addition of on -sale beer and wine in
conjunction with the restaurant previously known as the
Blue Dolphin in the C -0 -H District. The proposed
amendment includes a request to establish live enter-
tainment between 11:30 a.m, to 9:00 p.m. on weekends in
conjunction with the restaurant operation now known as
California Beach, and to expand the hours of operation
of the restaurant from 11:00 p.m. to 12:30 a.m. on a
daily basis. The proposal also includes a request to
permit the use of a valet parking service in conjunc-
tion with the restaurant operation. The proposed valet
pick -up and drop -off area is located at the front
entrance of the restaurant facility on Via Lido.
LOCATION: Lot 4, Tract No. 907, located at 3355
Via Lido, on the southwesterly side of
Via Lido in the Lido Building between
Via Oporto and Via Malaga.
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ZONE:
APPLICANT:
OWNER:
t Beach
C -O -H
Mai Jasmine Corporation, Hermosa Beach
Lido Building Ltd., Newport Beach
Robert Lenard, Advance Planning Administrator, stated
that letters of opposition regarding the application
have been received from the First Church of Christ,
Scientist and Robert Glasser. He pointed out that
Exhibit "A" does not include a recommendation for valet
parking approval. Chairman Person acknowledged that
the Planning Commission has received and read the
subject letters.
The public hearing opened in connection with this item,
and Mr. Tim Bartlett, 3355 Via Lido, appeared before
the Planning Commission. Mr. Bartlett stated that one
reason the applicant requested.valet parking is to have
better control of the restaurant's traffic and parking
in the surrounding area. In response to a question
posed by Chairman Person regarding potential traffic
problems in front of the restaurant relating to valet
parking, Mr. Bartlett replied that the applicant is
attempting to relocate the loading zone to directly in
front of the restaurant. In response to a question
posed by Commissioner Turner, Mr. Bartlett advised that
the size of the loading zone would permit two
automobiles to load and unload the restaurant's
customers.
Mr. Bartlett responded to Commissioner Winburn's
inquiry by stating that the sidewalk in front of the
restaurant is also used as a customer waiting area. He
further advised that the restaurant doors remain open
even though the restaurant is air conditioned and the
doors could remain closed.
Mr. Lenard advised that a signed petition and a letter
from Virginia Dey have also been received in opposition
to the application.
Virginia Dey, 3328 Via Lido, appeared before the
Planning Commission opposing the application. She read
portions of a restaurant review from an April 19, 1985,
newspaper clipping reflecting the restaurant's loud
noise. In response to a question posed by Chairman
Person, Ms. Dey advised that her property is zoned for
residential and commercial. purposes.
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APPLICANT:
OWNER:
t Beach
C -O -H
Mai Jasmine Corporation, Hermosa Beach
Lido Building Ltd., Newport Beach
Robert Lenard, Advance Planning Administrator, stated
that letters of opposition regarding the application
have been received from the First Church of Christ,
Scientist and Robert Glasser. He pointed out that
Exhibit "A" does not include a recommendation for valet
parking approval. Chairman Person acknowledged that
the Planning Commission has received and read the
subject letters.
The public hearing opened in connection with this item,
and Mr. Tim Bartlett, 3355 Via Lido, appeared before
the Planning Commission. Mr. Bartlett stated that one
reason the applicant requested.valet parking is to have
better control of the restaurant's traffic and parking
in the surrounding area. In response to a question
posed by Chairman Person regarding potential traffic
problems in front of the restaurant relating to valet
parking, Mr. Bartlett replied that the applicant is
attempting to relocate the loading zone to directly in
front of the restaurant. In response to a question
posed by Commissioner Turner, Mr. Bartlett advised that
the size of the loading zone would permit two
automobiles to load and unload the restaurant's
customers.
Mr. Bartlett responded to Commissioner Winburn's
inquiry by stating that the sidewalk in front of the
restaurant is also used as a customer waiting area. He
further advised that the restaurant doors remain open
even though the restaurant is air conditioned and the
doors could remain closed.
Mr. Lenard advised that a signed petition and a letter
from Virginia Dey have also been received in opposition
to the application.
Virginia Dey, 3328 Via Lido, appeared before the
Planning Commission opposing the application. She read
portions of a restaurant review from an April 19, 1985,
newspaper clipping reflecting the restaurant's loud
noise. In response to a question posed by Chairman
Person, Ms. Dey advised that her property is zoned for
residential and commercial. purposes.
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In response to Chairman Person's inquiry, Mr. Lenard
advised that Ms. Dey's property at 3328 Via Lido is
zoned C -1 -H. He further stated that the proposed
Restaurant Ordinance before the City Council would not
affect Ms. 'Dey's property because the proposed
Ordinance refers to the closing hours of restaurants
within 200 feet of residential districts.
Mr. Fred Nyquist, 3316 Via Lido, appeared before the
Planning Commission opposing the proposed live
entertainment and the late closing hour.
Mr. Bill Mead, 3326 Via Lido, appeared before the
Planning Commission opposing the restaurant's proposed
late hours and live entertainment.
Ms. Marian Pickens, 817 Via Lido Nord, appeared before
the Planning Commission, opposing the loud music and
late operating hours. She commented that while the
customers are waiting in line outside to enter the
restaurant, there has been some vandalism in the nearby
area.
Ms. Betty Mowrer appeared before the Planning
Commission as a member of the First Church of Christ,
Scientist. Ms. Mowrer read portions of the letter
dated August 5, 1985, addressed to the City Council
stating that the restaurant patrons are using the
Church's parking area on Wednesday evenings; that beer
cans, etc. are found on the sidewalk in front of the
Church; that the area does not lend itself to "noisy
entertainment and heavier traffic "; and "that they
trust that the Council will do everything possible to
retain the character of the neighborhood ". In response
to a question posed by Commissioner Turner, Ms. Mowrer
replied that the evening Church hours are Tuesday
evenings from 7:00 p.m. to 9:00 p.m., and Wednesday
evenings from 8:00 p.m. to 9:00 p.m.
Mr. Morgan Abbott, representing Orange Coast
Developers, 3435 Via Lido, owners of Via Lido Plaza,
appeared before the Planning Commission, opposing the
application. Mr. Abbott read a letter dated August 8,
1985, addressed to the Planning Commission, wherein
Orange Coast Developers emphasized the parking problems
in the Via Lido Plaza parking lot. Mr. Abbott
requested that the Planning Commission consider two new
conditions in the event the subject application is
approved: "that a commitment is given by the
California Beach Restaurant that their valet parking
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service would under no circumstances place vehicles in
the parking lot of Via Lido Plaza ", and "that the
California Beach Restaurant agree to inform their
clientele who do not utilize valet parking that the use
of the Via Lido Plaza parking lot will make them
subject to being towed away under the appropriate
ordinances ".
Lois Brown, Costa Mesa, a member of the Christian
Science Church, opined that the liquor license was
awarded to the Blue Dolphin Restaurant illegally
through a variance, and that legally, liquor should not
be sold near a church. Ms. Brown further stated her
opposition to the application because of the amount of
trash found within the surrounding area, the proposed
live entertainment, and the long operating hours. In
reply to Chairman Person's inquiry regarding the
alleged illegal selling of liquor near a church, Ms.
Brown advised that in 1980 the Christian Science Church
opposed the beer and wine license applied for by the
Blue Dolphin Restaurant, but because the Blue Dolphin
Restaurant stated that liquor would only be sold with
dinner, the Church agreed to the application.
Ms. Carol Korade, Assistant City Attorney, advised that
the liquor license is approved by the State, and that a
variance or use permit approved by the Planning
Commission is within the lawful boundaries of the
City's Municipal Codes therefore, the granting of the
Use Permit for on -sale beer and wine approved in 1980
to the Blue Dolphin Restaurant was permitted by law.
In response to a question posed by Commissioner
Winburn, Ms. Korade replied that a granting of a
variance by Alcoholic Beverage Control runs with the
property and not the applicant. Mr. William Ward,
Senior Planner, further advised that the Alcoholic
Beverage Control does not deny an application solely on
the basis of the applicant's proximity to a Church.
In response to questions posed by Commissioner Goff
regarding the restau'rant's newspaper advertisement
stating that the restaurant closes at 11:30 p.m., and
the number of alleged beer cans, etc. in the
surrounding area, Mr. Bartlett replied that the 11:30
p.m. hour was printed incorrectly and that the closing
hour should be 11 :00 p.m. He further stated that beer
is not sold to the customers waiting outside of the
restaurant but is brought to the restaurant by the
customers while they are waiting in line. Mr. Bartlett
commented that the California Beach Restaurant cannot
control the crowd before they enter the restaurant.
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He said that if the applicant had valet, parking that
there would be better control of the parking situation
and crowd control.
Ms. Carmelito Moffat, 108 via Orvieto, representing St.
James Episcopal Church, appeared before the Planning
Commission opposing the application because of the
beer cans, etc. that have been found in the surrounding
area, late operating hours, proposed live entertainment
and the parking situation.
Mr. Bartlett reappeared before the Planning Commission
stating that the applicant has requested that the live
entertainment is proposed to be during brunch hours of
11:30 a.m. to 9:00 p.m. and that the applicant has no
intent to have live entertainment during any other
hours. He further stated that the low key live music
would be no more than three members.
The public hearing was closed at this time.
In response to questions posed by Chairman Person, Mr.
Ward advised that Condition No. 5 in Exhibit "A"
stating that the live entertainment shall be limited to
jazz ensembles, reflects what the applicant had
specifically requested, and he said that the City has
had difficulty enforcing the number of musicians.
Commissioner Eichenhofer suggested that when there is a
long line of customers waiting.to enter the restaurant,
that the applicant could utilize the restaurant's side
door entrance in the courtyard which may alleviate the
neighborhood noise. She stated that the front door
would be unlocked in accordance with the fire
regulations, and that the front door would be utilized
when there is not a large crowd waiting outside.
Commissioner Turner commented that the restaurant is
located in an area that is surrounded by a nice
residential area whereby these residents have shown ,a
willingness to compromise with the restaurant, and he
stated that the California Beach Restaurant must
Motion x compromise with the residents. on this basis, a motion
was made to deny Use Permit No. 1963 (Amended) subject
to the findings in Exhibit "B ".
I I I I I I I In response to Commissioner Goff's inquiry regarding
the correct closing time for the California Beach
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Restaurant, Mr. Lenard stated that 11:00 p.m, is the
correct time and not 10:00 p.m. as stated elsewhere in
the staff report.
Motion to deny Use All Ayes I I I I I I I the findings
for Dden alt no •E hibitA"1B °d a)s voted ono
FINDINGS:
1. That the addition of live entertainment to the
subject restaurant represents an intensification
of use which will require a greater amount of
parking and generate more traffic than the exist-
ing restaurant operation.
2. That the subject property is inappropriate for the
use of a valet parking service because of the
large travel distance between the parking area and
the pick -up and delivery point. Said valet
service will also adversely effect the traffic
• 11111111 circulation within the surrounding. area and
contribute to the overall traffic volume.
3. The approval of Use Permit No. 1963 (Amended),
allowing the addition of a valet parking service,
and. the expanded hours of operation and the
addition of live entertainment to the subject
restaurant, 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 and improve-
ments in the neighborhood and the general welfare
of the City.
A. Use Permit No. 3140 (Public Hearing) I Item No.S
Request to permit the construction of a three unit UP3140
residential condominium and related parking spaces on
property located in the R -4 District. The proposal R804
also includes a modification to the Zoning Code so as
to allow a parking design which provides partially CRDP N0.10
covered parking spaces where the Code requires one
covered parking space for each unit. Approved
AND
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Restaurant, Mr. Lenard stated that 11:00 p.m, is the
correct time and not 10:00 p.m. as stated elsewhere in
the staff report.
Motion to deny Use All Ayes I I I I I I I the findings
for Dden alt no •E hibitA"1B °d a)s voted ono
FINDINGS:
1. That the addition of live entertainment to the
subject restaurant represents an intensification
of use which will require a greater amount of
parking and generate more traffic than the exist-
ing restaurant operation.
2. That the subject property is inappropriate for the
use of a valet parking service because of the
large travel distance between the parking area and
the pick -up and delivery point. Said valet
service will also adversely effect the traffic
• 11111111 circulation within the surrounding. area and
contribute to the overall traffic volume.
3. The approval of Use Permit No. 1963 (Amended),
allowing the addition of a valet parking service,
and. the expanded hours of operation and the
addition of live entertainment to the subject
restaurant, 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 and improve-
ments in the neighborhood and the general welfare
of the City.
A. Use Permit No. 3140 (Public Hearing) I Item No.S
Request to permit the construction of a three unit UP3140
residential condominium and related parking spaces on
property located in the R -4 District. The proposal R804
also includes a modification to the Zoning Code so as
to allow a parking design which provides partially CRDP N0.10
covered parking spaces where the Code requires one
covered parking space for each unit. Approved
AND
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B. Resubdivision No. 804 (Public Hearing)
Request to resubdivide an existing lot into a single
parcel of land for residential condominium development
on property located in the R -4 District.
AND
C. Coastal Residential Development
Permit No. 10 (Discussion)
Request to consider a Residential Development Permit
for the purpose of establishing project compliance for
the demolition and construction of three dwelling units
pursuant to the Administrative Guidelines for the
implementation of State Law relative to low and moder-
ate income housing within the Coastal Zone.
LOCATION: Lot 10, Block 18, Section B, Newport
Beach, located at 1818 West Ocean
• Front, on the northerly side of West
Ocean Front, between 18th Street and
19th Street on the Balboa Peninsula.
ZONE: R -4
APPLICANTS: Dave Cole and Antonio Cagnolo, Anaheim
OWNERS: Howard F. and Ina M. Miller, Newport
Beach
ENGINEER: Woolsey Engineering, Inc., Irvine
The public hearing opened in connection with this item,
and Mr. Thomas F. Shoemaker, Architect, appeared before
the Planning Commission. Mr. Shoemaker stated that the
applicant concurs with the findings and conditions in
Exhibit "A ". The public hearing was closed at this
time.
A motion was made to approve Use Permit No. 3140,
Motion x Resubdivision No. 804 and Coastal Residential
All Ayes Development Permit No. 10 subject to the findings and
conditions in Exhibit "A ". Motion voted on, MOTION
CARRIED.
•
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MISSIONERSI August 8, 1985 MINUTES
Of
Permit No. 3140
FINDINGS:
Beach
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will substantially comply with all
applicable standard plans and zoning requirements
for new buildings applicable to the district in
which the proposed project is located at the time
of approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval..
4. The project is consistent with the adopted .goals
and policies of the General Plan and the Local
Coastal Program, Land Use Plan.
• ( I I ( I I 5. That adequate on -site parking spaces are available
for the proposed residential condominium develop-
ment.
•
6. That the provision of only partially covered
parking spaces for one of the proposed dwelling
units 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 of be detrimental or injurious
to property and improvements in the neighborhood
or the general welfare of the City, and further
that the proposed modification is consistent with
the legislative intent of Title 20 of this Code.
7. The establishment, maintenance or operation of the
use or building applied for will not, under the
circumstances of the particular case, be detri-
mental 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 improve-
ments in the neighborhood or the general welfare
of the City.
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Permit No. 3140
FINDINGS:
Beach
1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project will substantially comply with all
applicable standard plans and zoning requirements
for new buildings applicable to the district in
which the proposed project is located at the time
of approval.
3. The project lot size conforms to the Zoning Code
requirements in effect at the time of approval..
4. The project is consistent with the adopted .goals
and policies of the General Plan and the Local
Coastal Program, Land Use Plan.
• ( I I ( I I 5. That adequate on -site parking spaces are available
for the proposed residential condominium develop-
ment.
•
6. That the provision of only partially covered
parking spaces for one of the proposed dwelling
units 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 of be detrimental or injurious
to property and improvements in the neighborhood
or the general welfare of the City, and further
that the proposed modification is consistent with
the legislative intent of Title 20 of this Code.
7. The establishment, maintenance or operation of the
use or building applied for will not, under the
circumstances of the particular case, be detri-
mental 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 improve-
ments in the neighborhood or the general welfare
of the City.
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CONDITIONS:
I. That the development shall be in substantial
conformance with the approved plot plan, floor
plans and elevations, except as noted below.
2. That one accessible and one tandem parking space
shall be provided for each dwelling unit.
3. That the proposed four car garage spaces shall
maintain a minimum 17 ft. -6 in. clear width and a
minimum 38 ft. clear depth and there shall be no
obstructions or projections into the proposed
garage spaces, except for the elevated storage
area permitted by Code. This condition will
require the relocation of the proposed spiral
stairway.
4. That all conditions of Resubdivision No. 804 shall
be fulfilled.
• 5. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
Resubdivision No. 804
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans and the Planning Commission is satisfied
with the plan of subdivision.
2. That the proposed resubdivision presents no
problems from a' planning standpoint.
3. That the design of the subdivision or the proposed
improvements will not conflict with any easements,
acquired by the public at large, for access
through or use of, property within the proposed
subdivision.
• 11111111 low ThatBa parcel map be recorded.
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2. That all improvements be constructed as required
by Ordinance and the Public works Department.
3. That each dwelling unit be served with an indi-
vidual water service and sewer lateral connection
to the public water and sewer systems unless
otherwise approved by the Public works Department.
4. That all vehicular access to the property shall be
from the adjacent alley.
5. County Sanitation District Fees shall be paid
prior to the issuance of any building permits.
6. That this resubdivision shall expire if the map
has not been recorded within 3 years of the date
of approval, unless an extension is granted by the
Planning Commission. -
Coastal
1111111 FINDINGSResidential Development Permit No. 10
1. That based on information presented to the City,
the proposed demolition of the three existing
residential units on the subject property is
consistent with the provisions of Article 10.7 of
the Government Code which regulates replacement of
housing occupied by low and moderate income
households with the Coastal Zone.
2. That it is not necessary to provide affordable
replacement housing in conjunction with the
proposed development.
CONDITION:
1. That all.conditions of approval for Use Permit No.
3140 and Resubdivision No. 804 shall be fulfilled.
• • e
MINUTES
Use Permit No. 3160 (Public Hearing) Item No.6
Request to permit the outdoor display of boats and UP3160
• dinghys in conjunction with three existing marine
product sales facilities on the same property located Approved
in the C -1 -H District. The proposal also includes a
modification to the Zoning Code so as to allow the use
of compact size parking spaces for a portion of the
required off - street parking spaces.
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COMMISSIONERSI August s, 1985 MINUTES
W. William ward, Senior Planner, stated that staff is
recommending that Condition No. 3 be modified so that
landscaping is not required for the small amount of
frontage east of the most easterly driveway of the
subject property because there. is no access for water
irrigation purposes, and also that the applicant shall
landscape the existing dirt strip along the westerly
side property line of the site.
The public hearing opened in connection with this item,
• and Mr. Richard Everett, applicant, appeared.before the
Planning Commission. Mr. Everett stated that the
applicant concurs with the findings and conditions in
Exhibit "A ", including modified Condition No. 3. The
public hearing was closed at this time.
Motion A motion was made to approve Use Permit No. 3160
All Ayes subject to the findings and conditions in Exhibit "A ",
including amended Condition No. 3. Motion voted on,
MOTION CARRIED.
FINDINGS:
1. The proposed development is consistent with the
General Plan, and is compatible with existing and
surrounding land uses.
2. The proposed project will not have any significant
environmental impact.
I I I I I I I 3. That adequate off - street parking will be provided
in conjunction with the proposed outdoor display
of boats and dinghys.
• I I 4. The Police Department has indicated that they do
1 not contemplate any problems.
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R L1 CALL
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LOCATION: Lots 26 -30, Tract No. 1210, located at
900 West Coast Highway, on the
northerly side of West Coast Highway,
across the highway from the easterly end
of the Balboa Bay Club.
ZONE: C -1 -H
APPLICANTS: West Marine Products, Hobie Newport and
Jack Dorsee Yacht Sales, Newport Beach
W. William ward, Senior Planner, stated that staff is
recommending that Condition No. 3 be modified so that
landscaping is not required for the small amount of
frontage east of the most easterly driveway of the
subject property because there. is no access for water
irrigation purposes, and also that the applicant shall
landscape the existing dirt strip along the westerly
side property line of the site.
The public hearing opened in connection with this item,
• and Mr. Richard Everett, applicant, appeared.before the
Planning Commission. Mr. Everett stated that the
applicant concurs with the findings and conditions in
Exhibit "A ", including modified Condition No. 3. The
public hearing was closed at this time.
Motion A motion was made to approve Use Permit No. 3160
All Ayes subject to the findings and conditions in Exhibit "A ",
including amended Condition No. 3. Motion voted on,
MOTION CARRIED.
FINDINGS:
1. The proposed development is consistent with the
General Plan, and is compatible with existing and
surrounding land uses.
2. The proposed project will not have any significant
environmental impact.
I I I I I I I 3. That adequate off - street parking will be provided
in conjunction with the proposed outdoor display
of boats and dinghys.
• I I 4. The Police Department has indicated that they do
1 not contemplate any problems.
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5. That the proposed use of compact .size parking
spaces for a portion of the required off - street
parking will not, under the circumstances of the
particular case, be detrimental to the health,
safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious
to property and improvements in the neighborhood
or the general welfare of the City and further
that the approval of said compact parking spaces
is consistent with the legislative intent of Title
20 of the Zoning Code.
6. That the proposed outdoor display of boats and
dinghys is in keeping with the marine character of
the subject property and with other marine commer-
cial uses along West Coast Highway
I I I I I I I 7 The approval of Use Permit No. 3160 will not,
under the circumstances of the particular case, be
detrimental to the health, safety, peace, morals,
• comfort, and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That the proposed project shall be in substantial
conformance with the approved plot plan, except as
noted below.
2. That the applicants shall maintain a minimum of 32
off - street parking spaces on the subject property
and that the parking lot area shall be equipped
with appropriate wheel stops and shall be striped
with approved traffic, markers or painted white
lines not less than 4 inches wide.
3. That landscaped planter areas with a minimum width
of 3 feet shall be provided between the public
sidewalk and the proposed outdoor display areas
except for the small amount of frontage east of
the most easterly driveway. The applicants shall
also landscape the existing dirt strip along the
. westerly side property line of the site. All
required landscaping shall include a combination
of trees, shrubs and groundcover, and shall be
continuously maintained.
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INDEX
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4. That a landscape plan shall be submitted to and
approved by the Parks, Beaches and Recreation
Department, Public Works Department and the
Planning Department.
5. That sight distance be maintained in accordance
with City Standard 110 -L on all display areas
adjacent to West Coast Highway.
6. That the existing chainlink fence in front of the
covered area between Rolf's Wine and Spirits and
Jack Dorsee Yachts shall be removed so as to
comply with the retail commercial off - street
parking requirement. Should any portion of said
fence be retained so as to maintain a fenced area
with overhead cover, the applicants shall prepare
a revised parking plan which fully complies with
the off - street parking requirement and which shall
be approved by the Planning Department and the
City Traffic Engineer.
• 7. That the Planning Commission may add /or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
8. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
A. Traffic Study (Public Hearing)
Request to consider a traffic study so as to permit the
construction of additions and improvements to the
Newporter Resort Hotel in the Unclassified District.
M
B. Use Permit No. 3161 (Public Hearing)
• Request to permit construction of additions and im-
provements to the Newporter Resort Hotel in the Unclas-
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MINUTES
INDEX
item No.7
TS
UP3161
Approved
COMMISSIONERS August 8, 1985 MINUTES
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OCA
INDEX
sified District, including: 104 additional hotel rooms,
1,200 sq.ft. of an outdoor dining area addition, a
4,100 sq.ft. pre- function area addition to the ball-
room, a cupola addition to the existing elevator
penthouse, and the remodel and space reorganization of
the lobby, restaurants, and meeting rooms. A modifi-
cation to the Zoning Code is also requested so as to
allow compact and tandem parking spaces in conjunction
with a revised parking lot layout and valet parking
program. The proposal also includes the acceptance of
an environmental document.
LOCATION: Parcels 1, and 2, Parcel Map No. 17 -3,
located at 1107 Jamboree Road, north-
westerly of the intersection of Jamboree
Road and Back Bay Drive.
ZONE: Unclassified
APPLICANT: Westgroup, Inc., Los Angeles
• OWNER: C.S.L. Newporter, Ltd., Beverly Hills
Robert Lenard stated that two addendums to the staff
report have been submitted to the Planning Commission
regarding the status of the Newport Dunes site and
modifications to Conditions of Approval No. 36, 39, 42,
43, and 45 as requested by the applicant and concurred
with by the staff.
Commissioner Winburn commented that even though the
Newport Dunes is County property, had traffic counts
been taken within the area including the proposed
Newport Dunes Redevelopment Project? Donald Webb, City
Engineer, replied that the Newporter Inn would pass the
Traffic Phasing Ordinance even if proposed Newport
Dunes Redevelopment Project traffic had been included
in the study.
The public hearing opened in connection with this item,
and Mr. David Neish, Urban Assists, Inc., representing
the applicant, appeared before the Planning Commission.
Mr. Neish advised that the proposed project meets the
criteria of the Traffic Phasing Ordinance, that the
facilities are consistent with the General Plan and the
City's local coastal program, and that the required
• parking will be provided on -site in its entirety. He
opined that the project mitigation will improve the
water quality of Upper Newport Bay and will further
improve the storm drainage system in the area. He
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further commented that the subject proposal includes
the installation of a traffic signal at the
intersection of the Newporter Inn and Sea Island. Mr.
Neish stated that the applicant has had several
meetings with Sea Island Homeowners Association and
they have been supportive of the proposed project.
Mr. Neish stated that the applicant has requested that
Condition No. 53 be modified to read "that the Water
Capital Improvement fee be paid on the new addition ",
and that the amended condition has been approved by Mr.
Webb.
Chairman Person recommended that Condition No. 2 be
modified to read that "valet parking service be
provided 24 hours a day" so that the condition would be
clearly defined. Mr. Neish agreed to the modification.
The public hearing was closed at this time.
A motion was made to approve Traffic Study, Use Permit
• No. 3161, and Environmental Document subject to the
findings and conditions in Exhibit "A" including the
modifications of Conditions No. 2, 36, 39, deletion of
Condition No. 42, modified Conditions No. 43 and 45.
Mr. Webb stated that because the applicant may not have
to pay the Water Capital Improvement fee on the new
addition that he would recommend that Condition No. 53
read "that the Water Capital Improvement fee be paid on
the new addition as required by Ordinance".
Commissioner Turner agreed to the amended motion.
Commissioner Koppelman referred to modified Condition
No. 36 wherein the condition reads "the addition shall
be equipped with the suppression systems as required by
Code ", and she asked if the older sections of the
Newporter Inn already comply with Code? Mr. Webb
replied that when the original building was constructed
that the building was built to 'Code. Commissioner
Koppelman inquired if "addition" means the additional
building with rooms or the alteration of the project.
The public hearing was reopened and David Neish,
representing the applicant, appeared before the
Planning Commission. Mr. Neish referred to Condition
No. 43 wherein he stated that the condition clarifies
• I I I I the question posed by Commissioner Koppelman, which
states that "a dry standpipe system to the Terrace
Building shall be provided and shall be reviewed and
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MINUTES
COMMISSIONERS1 August 8, 1985 MINUTES
Beach
approved by the Fire Department ". Mr. .Neish opined
that Condition No. 43 was recommended by the Fire
Department so that the Fire Department would have the
opportunity to review and approve the system. The
public hearing closed at this time.
Motions I JxJ I I I I I Motion was voted on to approve Use Permit No. 3161,
All Ayes Traffic Study, and Environmental Document including the
modifications of the aforementioned conditions. MOTION
CARRIED.
A. ENVIRONMENTAL DOCUMENT
FINDINGS:
1. 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.
• 2. 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.
These findings are also made in respect to the
Traffic Study and Use Permit No. 3161.
B. TRAFFIC STUDY
FINDINGS:
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project
on the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy S -1.
I I 1 I 2. That the Traffic Study indicates that the
project- generated traffic will be greater
than one percent of the existing traffic
during the 2.5 hour peak period on any leg of
five critical intersections, but will not
result in an Intersection Capacity
Utilization of greater than .90.
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approved by the Fire Department ". Mr. .Neish opined
that Condition No. 43 was recommended by the Fire
Department so that the Fire Department would have the
opportunity to review and approve the system. The
public hearing closed at this time.
Motions I JxJ I I I I I Motion was voted on to approve Use Permit No. 3161,
All Ayes Traffic Study, and Environmental Document including the
modifications of the aforementioned conditions. MOTION
CARRIED.
A. ENVIRONMENTAL DOCUMENT
FINDINGS:
1. 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.
• 2. 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.
These findings are also made in respect to the
Traffic Study and Use Permit No. 3161.
B. TRAFFIC STUDY
FINDINGS:
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project
on the circulation system in accordance with
Chapter 15.40 of the Newport Beach Municipal
Code and City Policy S -1.
I I 1 I 2. That the Traffic Study indicates that the
project- generated traffic will be greater
than one percent of the existing traffic
during the 2.5 hour peak period on any leg of
five critical intersections, but will not
result in an Intersection Capacity
Utilization of greater than .90.
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MISSIONERS] August 8, 1985 MINUTES
C.
I-i
USE PERMIT N0. 3161
FINDINGS:
Beach
INDEX
1. That the proposed development is consistent
with the General Plan and the adopted Local
Coastal Program, Land Use Plan, and is
compatible with surrounding land uses.
2. That the establishment, maintenance of
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 modification to allow compact
and tandem parking spaces is consistent with
• the legislative intent of Title. 20 of the
Municipal Code.
3. Adequate off - street parking and related
vehicular circulation are being provided in
conjunction with the proposed development.
4. The number of compact car spaces will not
exceed 25 percent of the parking requirements
which is within limits generally accepted by
the Planning Commission relative to previous
similar applications.
5. The parking management plan will provide for
efficient use of both the upper and lower
parking lots on the project site.
6. The cupola; as designed, is consistent with
the intent of Section 20.02.061 of the
Newport Beach Municipal Code.
7. The project will make improvements to on -site
drainage facilities and repair sewer lines
which will have a positive effect on water
quality in Newport Bay.
8. That the design of the proposed improvements
will not conflict with any easements acquired
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USE PERMIT N0. 3161
FINDINGS:
Beach
INDEX
1. That the proposed development is consistent
with the General Plan and the adopted Local
Coastal Program, Land Use Plan, and is
compatible with surrounding land uses.
2. That the establishment, maintenance of
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 modification to allow compact
and tandem parking spaces is consistent with
• the legislative intent of Title. 20 of the
Municipal Code.
3. Adequate off - street parking and related
vehicular circulation are being provided in
conjunction with the proposed development.
4. The number of compact car spaces will not
exceed 25 percent of the parking requirements
which is within limits generally accepted by
the Planning Commission relative to previous
similar applications.
5. The parking management plan will provide for
efficient use of both the upper and lower
parking lots on the project site.
6. The cupola; as designed, is consistent with
the intent of Section 20.02.061 of the
Newport Beach Municipal Code.
7. The project will make improvements to on -site
drainage facilities and repair sewer lines
which will have a positive effect on water
quality in Newport Bay.
8. That the design of the proposed improvements
will not conflict with any easements acquired
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COMMISSIONERS1 August 8, 1985 MINUTES
Beach
by the public at large for access through or
use of property within the proposed
development.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan,
floor plan, and elevations except as noted
below.
2. That valet parking service be provided 24
hours a day.
3. That all employees shall park their vehicles
on -site.
4. That the hotel entrance on Jamboree Road be
widened to 40 feet and that the existing
planters and block walls be modified to
provide sight distance for bicycles and 55
• MPH sight distance for vehicles.
5. Sight distance at the project entrance on
Jamboree Road shall be reviewed by the City
Traffic Engineer prior to issuance of
building permits.
6. Use of the lower parking lots shall be
encouraged through improved lighting,
directional signing and similar measures as
required by the City Traffic Engineer.
7. During periods of high activity, valet .
parking use of the lower lots shall be
increased to accommodate the additional
demand.
8. A minimum of 25 spaces shall be maintained in
self - parking areas in the upper lot to
provide parking for hotel guests and patrons
of retail, restaurant and service uses.
9. Valet and parking management operations shall
be reviewed and approved by the City of
Newport Beach Planning and Public Works
Departments.
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by the public at large for access through or
use of property within the proposed
development.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan,
floor plan, and elevations except as noted
below.
2. That valet parking service be provided 24
hours a day.
3. That all employees shall park their vehicles
on -site.
4. That the hotel entrance on Jamboree Road be
widened to 40 feet and that the existing
planters and block walls be modified to
provide sight distance for bicycles and 55
• MPH sight distance for vehicles.
5. Sight distance at the project entrance on
Jamboree Road shall be reviewed by the City
Traffic Engineer prior to issuance of
building permits.
6. Use of the lower parking lots shall be
encouraged through improved lighting,
directional signing and similar measures as
required by the City Traffic Engineer.
7. During periods of high activity, valet .
parking use of the lower lots shall be
increased to accommodate the additional
demand.
8. A minimum of 25 spaces shall be maintained in
self - parking areas in the upper lot to
provide parking for hotel guests and patrons
of retail, restaurant and service uses.
9. Valet and parking management operations shall
be reviewed and approved by the City of
Newport Beach Planning and Public Works
Departments.
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COMMISSIONERS August 6, 1985 MINUTES
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10. A total of 748 parking spaces shall be
provided on -site through redesign of existing
parking lots. The layout and composition of
such plans-shall be reviewed and approved by
the City of Newport Beach Planning and Public
Works Departments, including the designation
of compact, valet and handicap parking
spaces.
11. On -site investigations shall be conducted to
determine the source of existing coliform
contamination and the problem corrected to
the satisfaction of the City of Newport Beach
Public Works Department.
12. During storm conditions, parking management
measures such as increased valet operations
and directional signing shall be utilized.
These measures shall. be approved by the City
Traffic Engineer.
• 13. The project applicant shall develop a unified
design theme which considers such elements as
rooflines and exterior color, and which
incorporates signing of a similar design
throughout the complex.
14. Exterior lighting shall be consistent with
the proposed project design and architectural
style.
15. A lighting design plan shall be subject to
the review and approval by the Planning
Department..
16. Lighting shall be designed so as to minimize
light and glare spillage on adjacent uses.
All parking lot lighting shall he subject to
the approval of the Planning Department.
17. 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.
•
18. That the on -site vehicular and pedestrian
circulation systems be approved by the Public
Works Department and Planning Department
prior to issuance of a building permit.
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19. That all improvements be constructed as
required by Ordinance and the Public Works
Department.
20. That any proposed landscaping adjacent to the
public right -of -way be approved by the Public
Works Department.
21. 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 occupancy, a licensed
landscape architect shall certify to the
Planning Department that the landscaping has
been installed in accordance with the
approved plan.
I I I I I I I 22. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department, and the approval of the Planning
Department and Public Works Department.
23. The landscape plan shall include a
maintenance program which controls the use of
fertilizers and pesticides.
24. 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
overwatering.
25. The following disclosure statement of the
City of Newport Beach's policy regarding the
John Wayne Airport should be included in all
leases or subleases for space in the project
and shall be included in any Covenants,
Conditions and Restrictions which may be
recorded against the property.
Disclosure Statement
The Lessee herein, his heirs, successors and
assigns acknowledge that:
• a) The John Wayne Airport may not be able
to provide adequate air service for
business establishments which rely on
such services;
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19. That all improvements be constructed as
required by Ordinance and the Public Works
Department.
20. That any proposed landscaping adjacent to the
public right -of -way be approved by the Public
Works Department.
21. 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 occupancy, a licensed
landscape architect shall certify to the
Planning Department that the landscaping has
been installed in accordance with the
approved plan.
I I I I I I I 22. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department, and the approval of the Planning
Department and Public Works Department.
23. The landscape plan shall include a
maintenance program which controls the use of
fertilizers and pesticides.
24. 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
overwatering.
25. The following disclosure statement of the
City of Newport Beach's policy regarding the
John Wayne Airport should be included in all
leases or subleases for space in the project
and shall be included in any Covenants,
Conditions and Restrictions which may be
recorded against the property.
Disclosure Statement
The Lessee herein, his heirs, successors and
assigns acknowledge that:
• a) The John Wayne Airport may not be able
to provide adequate air service for
business establishments which rely on
such services;
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b) When an alternate air facility is
available, a complete phase out of jet
service may occur at the John Wayne
Airport;
c) The City of Newport Beach will continue
to oppose additional commercial air
service expansions at the John Wayne
Airport;
d) Lessee, his heirs, successors and
assigns will not actively oppose any
action taken by the City of Newport
Beach to phase out or limit jet air
service at the John Wayne Airport.
26. That a standard agreement and accompanying
surety be provided in order to guarantee
satisfactory completion of the public
improvements if it is desired to record a map
or obtain a building permit prior to
•
completion of the public improvements.
27. All mechanical equipment and trash areas
shall. be screened from public streets,
alleys, or adjoining properties.
•
28. The project sponsors will comply with
California energy conservation standards for
non - residential buildings (Title 24,
Administrative Code).
29. Development of the site will be subject to a
grading permit to be approved by the Building .
and Planning Departments.
30. A grading plan may include a complete plan
for temporary and permanent drainage
facilities, to minimize any potential impacts
from silt, debris, and other water
pollutants.
31. The grading permit may include, if required,
a description of haul routes, access points
to the site, and watering and sweeping
programs designed to minimize impacts of haul
operations.
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facilities, to minimize any potential impacts
from silt, debris, and other water
pollutants.
31. The grading permit may include, if required,
a description of haul routes, access points
to the site, and watering and sweeping
programs designed to minimize impacts of haul
operations.
32. An erosion, siltation, and dust control plan
shall be submitted and be subject to approval
by the Building Department.
33. Grading shall be conducted in accordance with
plans prepared by a civil engineer and based
on recommendations of a soils engineer and an
engineering geologist subsequent to
completion of a comprehensive soils and
geologic investigation of the site to be
prepared prior to issuance of building
• permits. Permanent reproducible copies of
the "Approved as Built" grading plans on
standard -size sheets shall be furnished to
the Building Department.
34. The Fire Department shall review design plans
to ensure adequate access and emergency
exits.
35. The provision of adequate fire flow shall be
reviewed by the Fire Department.
MINUTES
36. The addition shall be equipped with the .
suppression systems as required by Code.
37. Construction shall meet the requirements of
the UBC and CAC - Titles 19 and 24.
38. Fire Department vehicle access shall be
provided. Fire lanes shall be a minimum 14
feet in width.
39. Automatic sprinkler systems shall be provided
in the new addition.
40. All s airwaa 5s(J;hall have handrails per UBC
• 11111111
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41. On -site fire hydrants and water mains shall
be approved by the Fire and Public Works
Departments.
42. Deleted.
43. A 14 foot fire road between the Main Building
and the Terrace Building, or a dry standpipe
system to the Terrace Building shall be
provided and shall be reviewed and approved
by the Fire Department.
44. Any mechanical equipment or emergency power
generators shall be screened from view and
noise associated with said structures shall
be sound - attenuated so as not to exceed 55
dBA at property lines.
45. Prior to construction of the new addition,
the applicant shall provide written
verification that adequate sewer water and
wastewater treatment capacity is available to
•
serve the project.
46. A qualified archaeologist shall be present
during pregrade meetings to inform the
developer and grading contractors of the
results of the study. In addition, an
archaeologist shall be present during grading
activities to inspect the underlying soil for
cultural resources. If significant cultural
resources are uncovered, the archaeologist
shall have the authority to stop or tempo-
rarily divert construction activities for a
period of 48 hours to assess the significance
of the finds.
47. In the event that significant archaeological
remains are uncovered during excavation
and /or grading, all work shall stop in that
area of the subject property until an
appropriate data recovery program can be
developed and implemented. The cost of such
a recovery program shall , be the
responsibility of the landowner and /or
developer.
I I I 1 48. The lighting of the cupola shall be of a
Isimilar nature and intensity to the existing
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exterior lighting of the Newporter. The
MENEENMENNEW
Planning Department shall review the lighting
after installation to assure that no unusual
reflections or auras result from the lighting
during various atmospheric conditions.
49. The Planning Commission may add or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation
of this use permit, upon a determination that
the operation which is the subject of this
use permit, causes injury, or is detrimental
to the health, safety, peace, morals,
comfort, or general welfare of the community.
50. This use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090A of the
Newport Beach Municipal Code.
51. That the intersection of the streets and
drives be designed to provide sight distance
for a speed of 55 miles per hour along
Jamboree Road and 40 miles per hour along
Backbay Drive. Slopes, landscaping, walls
and other obstructions shall be considered in
the sight distance requirements. Landscaping
within the sight distance line shall not
exceed twenty -four inches in height. The
sight distance requirement may be
approximately modified at non - critical
locations, subject to approval of the Traffic
Engineer.
52. That a hydrology and hydraulic study be
prepared and approved by the Public Works
Department, along with a master plan of
water, sewer and .storm drain facilities for
the on -site improvements prior to issuance of
any building permit. Any modifications or
extensions to the existing storm drain, water
and sewer systems shown to be required by the
study shall be the responsibility of the
developer.
• 11111153. 1 j That the Water Capital Improvement fee be
paid on the new addition as required by
Ordinance.
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August 8, 1985
54. That a handicap access ramp be reconstructed
per City Std. -181 -L at the intersection of
Backbay Drive and Jamboree Road and at
driveways under an encroachment permit issued
by the Public Works Department.
55. That prior to issuance of any grading or
building permits for the site, the applicant
shall demonstrate to the satisfaction of the
Public Works Department and Planning
Department that adequate sewer facilities
will be available for the project. Such
demonstration shall include verification from
the Orange County Sanitation District and the
City's Utility Department.
56. County Sanitation District Fees be paid prior
to issuance of any building permits.
57. That the proposed 12 -inch diameter low flow
storm drain be increased to 18 -inch diameter.
• 58. That 508 of the cost of the traffic signal at
Jamboree Road and Newporter Inn entrance be
deposited with the City upon request by the
City.
• ininn
59. That sidewalk access be provided in the
vicinity of the drive between the Jamboree
Road entrance and the hotel, with the width
and design to be approved by the Public Works
Department.
60. That an 8 -inch water main be constructed
across the northerly portion of the property
from Backbay Drive to Jamboree Road along
with the dedication of a 10 -foot public
utility easement,.to the City in order to
provide adequate fire service to the site
unless otherwise approved by the Fire Depart-
ment.
61. That additional sidewalk fill -in be provided
between the existing sidewalk and back of
curb along the Jamboree Road frontage.
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54. That a handicap access ramp be reconstructed
per City Std. -181 -L at the intersection of
Backbay Drive and Jamboree Road and at
driveways under an encroachment permit issued
by the Public Works Department.
55. That prior to issuance of any grading or
building permits for the site, the applicant
shall demonstrate to the satisfaction of the
Public Works Department and Planning
Department that adequate sewer facilities
will be available for the project. Such
demonstration shall include verification from
the Orange County Sanitation District and the
City's Utility Department.
56. County Sanitation District Fees be paid prior
to issuance of any building permits.
57. That the proposed 12 -inch diameter low flow
storm drain be increased to 18 -inch diameter.
• 58. That 508 of the cost of the traffic signal at
Jamboree Road and Newporter Inn entrance be
deposited with the City upon request by the
City.
• ininn
59. That sidewalk access be provided in the
vicinity of the drive between the Jamboree
Road entrance and the hotel, with the width
and design to be approved by the Public Works
Department.
60. That an 8 -inch water main be constructed
across the northerly portion of the property
from Backbay Drive to Jamboree Road along
with the dedication of a 10 -foot public
utility easement,.to the City in order to
provide adequate fire service to the site
unless otherwise approved by the Fire Depart-
ment.
61. That additional sidewalk fill -in be provided
between the existing sidewalk and back of
curb along the Jamboree Road frontage.
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2
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the Planning Commission meeting of August 22, 1985.
Hearing
INDEX
The Planning Commission initiated a proposed amendment
Use Permit No. 3162 (Public Hearing)
Item ::No.8
to the General Plan pertaining to revised language in
Request to permit the expansion of the existing E1
UP3162'
x
the General Plan Policies Report. The Commission set
Policies
Torito Restaurant located in the Newport Place Planned
the public hearing for the Planning Commission meeting
Public
Community so as to allow the use of an existing open
Continued
to
of August 22, 1985.
Hearing
courtyard for dining and drinking purposes. The
The Planning Commission discussed and considered the
proposal also includes a request to allow the addi-
8 -22 -85
revocation of Use Permit No. 2099 (Haagen Dazs) for
tional required off - street parking spaces to be provi-
failure to comply with the required closing time of
ded on an adjoining office building site under the same
ownership as the restaurant site.
LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub-
division No. 347), located at 4221
Dolphin - Striker Way, westerly of Mac-
Arthur Boulevard, between Martingale Way
and Newport Place Drive in Newport
Place.
ZONE: P -C
APPLICANT: Stuart Ketchum, Los Angeles
• OWNER: Same as applicant
Motion x Motion was made to continue this item to August 22,
All Ayes 1985. Motion voted on, MOTION CARRIED.
• * a
A D D I T I O N A L B U S I N E S S:
Additional)
Business
Motion
All Ayes
x
The Planning Commission initiated a proposed amendment
to Title 20 of the Municipal Code so as to add Section
20.02.090 pertaining to Airport Height Limitation
Provisions. The Commission set the public hearing for
Airport
Ht.Limit.
Public
the Planning Commission meeting of August 22, 1985.
Hearing
The Planning Commission initiated a proposed amendment
General
Plan
to the General Plan pertaining to revised language in
Motion
x
the General Plan Policies Report. The Commission set
Policies
All Ayes
the public hearing for the Planning Commission meeting
Public
of August 22, 1985.
Hearing
The Planning Commission discussed and considered the
revocation of Use Permit No. 2099 (Haagen Dazs) for
•
failure to comply with the required closing time of
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10:00 p.m. and to open a public hearing on August 22, Hearing
1985. Following testimony from Jerry King, Set for
representing Haagen Dazs, whereby Mr.. King explained UP2099
Substitute that the attorney for Haagen Dazs, Mr. Hugh Coffin,
Motion x would not be able to attend the Planning Commission
meeting of August 22, 1985, the Planning Commission
Ayes x x X x x voted to set the public hearing for the Planning
Noes x x Commission meeting of September 5, 1985.
x
A D J 0 U R N M E N T: 8:55 P.M. Adjourn-
ment
•
0
PAT EICHENHOFER, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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