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HomeMy WebLinkAbout08/08/1996• A J CITY OF NEWPORT BEACH Planning Commission Minutes Regular Meeting August 8, 1996 - 7:30 p.m. ROLL CALL Present: Thomson, Ridgeway, Kranzley, Adams, Gifford, Ashley Excused: Selich Sharon Z. Wood, Assistant City Manager, Communityand Economic Development Robin Clauson, Assistant City Attorney Patricia L. Temple, Planning Director Richard Hoffstodt, Development Engineer Ginger Varin, Planning Commission Secretary Minutes of July 18.1996: Motion was made by Commissioner Ridgeway and voted on to approve, as written, the July 18, 1996 Planning Commission Minutes. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford, Ashley Noes: none Absent: Setich Abstain: none Public Comments None Posting of the Agenda: Ms. Temple stated that the Planning Commission Agenda was posted on Friday, August 2, 1996, outside of City Hall. INDEX Minutes Public Comments Posting of the Agenda •City of Newport Beach Planning Commission Minutes August 8, 1996 1. SUBJECT: Temple Bat Yahm (Bernard Rome, appl 1011 Camelback Street • General Plan Amendment No. 96 -1 (B) • Amendment No. 852 • Use Permit No. 1892 (Amended) • Traffic Study No. 109, and • Acceptance of an Environmental Document The applications will allow a 40,000 sq. ft. increase in entitlement to permit: the expansion of the existing sanctuary; addition of three pre - school classrooms; addition of administrative offices; construction of ten new classrooms for religious instruction; and the construction of a 12,720 sq. ff. chapel. Mr. Jay Garcia presented the staff report and summarized the contents stating these applications will allow a Master Plan program for the Temple Bat Yahm. He referred to the colored rendition exhibits posted on the wall that were supplied by the applicant, showing the site plan and elevations that are proposed. Commissioner Ridgeway asked for and received clarification on the amount of the current entitlement and how it is currently laid out. Ms. Temple referenced the updated Traffic Study report passed out earlier in the evening. The update was necessary to evaluate the project that had been refined since the preparation of the original Traffic Study. The study covers a slightly higher square footage, the total addition of 40,000 square feet, than considered in the original report. The distribution of uses also has changed resulting in the overall trip generation of the proposed addition being less during the peak hour. The Traffic Engineering Division, after careful study, believes that this particular report meets the criteria of the Traffic Phasing Ordinance and also that this project fits within the parametersfor approval under the General Plan guidelines. Public Hearing was opened. Mr. Bernard Rome, 3 Pinehurst Lane, applicant - in response to Commission inquiry, stated that he understands and agrees to the findings and conditions of the applications. He requested an extension of the time referred to in condition number22. The Commission granted the extension of time to 48 months to allow time for fund raising and the purchase of land. Commissioner Ridgeway asked the applicant for and received information on the chapel and synagogue and the uses for each. Public Hearing was closed. • TT7EF:1 Item No. 1 GPA No. 96 -1 (B) A 852 UP 1892 (Amended) TS No. 109 Acceptance of an Environmental Document Approved .City of Newport Beach Planning Commission Minutes August 8, 1996 Motion was made by Commissioner Ridgeway to recommend to the City Council the approval of: • General Plan Amendment No. 96 -1 (B) • Amendment No. 852 • Use Permit No. 1892 (Amended) • Traffic Study No. 109, and • Acceptance of an Environmental Document amended with the change in Condition Number 22 to 48 months. Chairperson Adams stated that the Traffic Study indicates that there will be a significant volume of morning traffic for the school. He suggests that in Condition Number 11, that ...:.including school drop -off facilities..." be added. Motion was amended to reflect this addition. Ayes: Thomson, Ridgeway, Kranbey, Adams, Gifford, Ashley Noes: none Absent: Selich Abstain: none A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings: Findings: That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. B. GENERAL PLAN AMENDMENT NO. 96 -1B Adopt Resolution No. 96- 1438, recommendingto the City Council approval of an amendment to the Land • Use Element of the General Plan to allow for the proposed increase in the 3 INDEX is City of Newport Beach Planni ng Commission Minutes August S, 1996 existing entitlementfor the temple facility; and amendment to the Land Use Map of the General Plan to reflect the change in lot configuration. C. AMENDMENT NO. 852; Adopt Resolution No. 96 -1439, recommending to the City Council approval of amendment to the North Ford Planned Community District Regulations to allow for an increase in the entitlement for the existing temple facility. D. USE PERMIT NO. 1892 (AMENDED) Findings: That the proposed development is consistent with the General Plan, since a religious facility with ancillary educational uses is permitted in the Governmental, Educational and Institutional Facilities designation and this application includes an amendment to the General Plan to allow for the proposed additions to the facility. 2.. That the proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The approval of Use Permit No. 1892 (Amended) will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: The expanded religious and educational use of the site is compatible with the neighborhood and surrounding land uses because of the location at the corner of Jamboree Road and Comelback Street with no common access through any residential area. Additionally, no conflicts are anticipated with the adjoining land uses, since they are industrial or quasi - industrial in nature and are relatively low intensity uses. Adequate on -site parking is available for the proposed expansion of the existing use. No significant adverse traffic or circulation impacts are anticipated INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 • • from the proposed expansion as determined by the project of Traffic Study No. 109. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted in the following conditions. 2. That all applicable conditions of approval of Use Permit No. 1892 and Use Permit No. 1892 (Amended), dated January 4, 1979 and July 21, 1988, respectively, shall remain in force. 3. Prior to the issuance of a building permit, the applicant shall provide written certification acceptable to the City's Building Department signed by a licensed Engineer that the area has undergone a soil clean -up process and any gasoline leakage or soil contamination has been cleared. 4. Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate to the Building Department and Fire Department that the project is in compliance with the County of Orange Health Department and the City's Fire Department Regulations. 5. That prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system is designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. 6. That a Lot Line Adjustment or Resubdivision, combining the parcels into a single parcel or building site, shall be recorded and all conditions of approval shall be fulfilled, prior to issuance of any building permits. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 8. That the proposed facility and related parking lot shall conform to the requirements of the Uniform Building Code. That the project shall comply with State Disabled Access requirements. 10. That all improvements be constructed as required by Ordinance and the Public Works Department. INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 0 11. That the design of the on -site parking, vehicular circulation including school drop -off facilities and pedestrian circulation systems be subject to further review by the Traffic Engineer. 12. That the existing parking lot be restriped in accordance with City Standards and as approved by the City Traffic Engineer. 13. That an easement for ingress and egress be provided for the benefit of the parcel to the east of the subject property, unless that easterly drive approach is removed and replaced with curb, gutter and sidewalk. All work within the public right -of -way shall be completed under an Encroachment Permit issued by the Public Works Department. 14. That disruption caused by construction work along roadways, and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 15. That the new parking spaces shall be designed to conform to current City Standard 805 -L -A, and 805 -L -B. 16. That all employees and faculty shall park on site. 17. That an automatic fire sprinkler system and fire alarm system shall be provided for the proposed facility, as required and approved by the Fire Department. 18. That a Fire Lane with appropriate signage shall be installed as required and approved by the Fire Department. 19. That a Knox box and private fire hydrant shall be required for this project. That the final placement shall be subject to the approval of the Fire Department. 20. That all trash areas shall be screened from view of adjoining properties and streets. 21. That the Planning Commission may add to 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. 22. That this Use Permit shall expire unless exercised within 48 months from the date of approval as specified in Section 20.80.090A of the Newport Beach INDEX City of Newport Beach Planni ng Commission Minutes August 8, 1996 Municipal Code. E. TRAFFIC STUDY NO. 109 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy L -18 (formeriyS -1). 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' primary- modified,' or 'primary' street, based on the characteristics of the proposed development. 4. That the Traffic Study indicates that the project - generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour morning • peak period on any study intersection and that therefore no further study of those intersectionsis warranted. 5. 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 afternoon peak period on two of the study intersections and that further ICU analysis for both intersections indicates an acceptable ICU value of less than 0.90 is achieved. II. SUBJECT: Pacific Bay Homes 2300 Jamboree Road • Tentative Map of Tract No. 15332 Subdivision of a parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunction with a residential development. CommissionerThomson stepped down from the dais because of a possible conflict ofinterest. Ms. Temple indicated the provided copies of a letter from the Belcourt Master Association received this afternoon at the Planning Department. This letter advises that concerns previously expressed in a letter attached to the staff report have been resolved between themselves and Pacific Bay Homes. • INDEX Item No. 2 Tentative Map of Tract No. 15332 Approved •City of Newport Beach Planning Commission Minutes August 8, 1996 • Mr. Garcia indicated that a supplemental report was distributed to the Commission. This report includes wording modifications to specified conditions of approval. Staff has met with the applicant to review these changes and all agree to these changes. Chairperson Adams asked staff if this Tract Map represents any substantive changes from the preliminary exhibits at prior meetings. Staff answered there were none. Public Hearing was opened. Mr. Tim Paone, representing Pacific Bay Homes stated that the applicant has read the staff report with modifications and agrees to the findings and conditions of Tentative Map of Tract No. 15332. Patricia Begg, 11 Northampton Court, Belcourt Hill - spoke of unresolved concerns of the development impact on her property. Ms. Temple stated that the issues raised regarding traffic, pollution, groundwater situation were previously addressed by the Commission and City Council during the process authorizing the overall entitlement for the project. Ms. Lynn Hetherington, the City's consultant on this project, is present and can give a verbal report at Commission request. Public Hearing was closed. Commissioner Ashley commented that the issues have been resolved by the Belcourt Association and the applicant in a cooperative and professional manner and do not need to be addressed by the Commission. Motion was made by Commissioner Ridgeway for approval of Tentative Map of Tract No. 15332. Ayes: Ridgeway, Kronzley, Adams, Gifford and Ashley Noes: none Absent: Selich Abstain: Thomson Fndin z 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; and that for the reasons set forth in detail in the staff report to the Planning Commission dated August 8, 1996, none of the findings which would require the denial of Tentative Map of Tract No. 15332 can be made in this case. INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 2. That the proposed subdivision presents no problems from a planning standpoint, since it is consistent with the approved Development Agreement No. 8 and the requirements of the Aeronutronic Ford Planned Community District Regulations. 3. That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed subdivision. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That Final EIR No. 153 (SCH #94011022), previously certified on July 10, 1995, was considered prior to approval of the project, was determined adequate for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independentjudgment of the City Council. 6. That the mitigation monitoring requirements of Public Resources Code Section 21081.6 will be met through required compliance with applicable • codes, standards, mitigation measures, and conditions of approval adopted in connection with the project and as stated in the Mitigation Monitoring and Reporting Program for the project as contained in Final EIR No. 153. Conditions: That a final map be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 2. That all improvements be constructed as required by Ordinance and the �J INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 Public Works Department. 3. That a standard subdivision agreement and accompanying surety be provided in order to guarantee satisfactory completion of the Public ,improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 4. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 5. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. A Traffic Engineering Study is required for any proposed modifications to the left turn pockets on Bison Avenue and Ford Road that serve the development. Final lane geometrics shall be reviewed and approved by the City Traffic Engineer. 6. That the design of the private streets and drives conform with the City's Private Street Policy (L -4), except as approved by the Public Works • Department. The basic roadway width shall be 36 feet with parking on both sides and 32 feet minimum with parking on one side. That the collector ring road shall have a minimum width of 40' curb to curb. That the cul -de -sacs shall be designed to conform to minimum City standards as shown in City Std. 103-L with planters or other designs as approved by the Public Works Department and Fire Department. That all bends in roadway shall be designed using the City standard knuckle Standard No. 104 -L or other designs as approved by the Public Works Department to provide an adequate turning radius for moving vans and fire trucks. That all street curb returns shall have a minimum radius of 25'. That the location of all underground utilities in the private streets shall conform to City Std. 101 -L (or as approved on the master plan). That a minimum centerline radius for private streets shall be 150'. The location, width, configuration, and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. That prior to issuance of any improvement plans (unless otherwise approved by the Public Works Department) and /or prior to issuance of any building permits, the applicant shall demonstrate to the Planning Department that the street lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. is 10 INDEX City of Newport Beach • Planning Commission Minutes August 8, 1996 up (-ui -ae -sacs with a design length greater than 500 feet must have the written approval of the City Fire Department prior to recordation of the final tract map. That the intersection of the private streets and drives be designed to provide sight distance for a speed of 25 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 10. That the California Vehicle Code be enforced on the private streets and drives, and that the delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets and drives. 11. That if it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The gated entry shall have a minimum of two lanes in (one for visitors and one for owners). The guard gate shall be positioned so that a minimum of 80' is provided for automobile • stacking. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 12. That easements for public emergency and security ingress, egress and public utility purposes on all private streets be dedicated to the City and that all easements be shown on the tract map. 13. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width and material to be approved by the Public Works Department. 14. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 15. That the following improvements be completed: On Jamboree Road: That the left turn lane and traffic signal be removed at the Ford -Loral entrance. This will require the construction of a median island and landscaping, removal of the north bound deceleration lane into Ford -Loral which will require the construction of new curb, gutter and sidewalk improvements along a portion of the Jamboree Road frontage and possible installation of additional street lighting where the traffic signal was removed as approved by the Public Works Department. • 11 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 • On Ford Road: That the unused drive aprons be removed and replaced with curb, gutter and sidewalk, and that the unused left turn lane be removed and replaced with a median island and landscaping as approved by the Public Works Department. • That deteriorated or displaced sections of sidewalk be reconstructed along the Jamboree Road and Ford Road frontages. • That the drainage from the slopes adjacent to Jamboree Road and Ford Road be picked up in concrete drainage swales provided behind the sidewalks and conveyed to the storm drain unless otherwise approved by the Public Works Department. The design shall be approved by the Public Works Department. • That all work be completed under an encroachment permit issued by the Public Works Department. 16. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. • 17. That a hydrology and hydraulic study be prepared by the applicant 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 recording of the tract map. 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. The developer may be required to upgrade the City's Belcourt sewer pump station to handle the additional sewage generated from the proposed development or may be required to construct a new trunk line to connect to the Irvine Ranch Water District facilities, if determined necessary by future engineering studies and reports as required by the Utilities Division. 18. DELETED. 19. DELETED. 20. 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 the 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 Utilities Department. 21. That County Sanitation District fees be paid prior to issuance of any building permits if applicable. • 12 INDEX •City of Newport Beach Planning Commission Minutes August 8, 1996 22. That the Public Works Department plan check and inspection fee be paid. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Jamboree Road, Bison Avenue or Ford Road rights -of -way, unless otherwise approved by the Public Works Department. Street closures for deliveries shall be approved by the City Traffic Engineer and subject to the approval and issuance of an encroachment permit by the Public Works Department. 24. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 25. That a non - standard improvement agreement be executed with the developer /community association if textured pavement is used in the private streets or easements. This agreement will require the • developer /association to replace the improvements at no cost to the City should they have to be removed to maintain the public utilities. 26. That. demolition, site preparation and other construction activity shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturdays, in accordance with Newport Beach Municipal Code Section 10.28.040 and any other appropriate sections of the Municipal Code. 27. That at the time of building or grading permit issuance, the applicant shall demonstrate that adequate noise control measures, at all construction sites, are provided through the provision of mufflers and the physical separation of machinery maintenance areas from adjacent residential uses (in accordance with Noise Element Policy 4.3.5). 28. All residential lots and dwellings shall be sound attenuated against present and projected noise which shall be the sum of all noise impacting the project so as not to exceed an exterior standard of 65 dBA CNEL in outdoor living areas and an interior standard of 45 dBA CNEL in all habitable rooms (windows closed) or 55 dBA CNEL with windows open. Evidence prepared by a County - certified acoustical consultant, that these standards will be satisfied in a manner consistent with applicable regulations, shall be submitted as follows: a. Prior to the recordation of a final tract /parcel map or prior • 13 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 to the issuance of grading permits, an acoustical analysis report shall be submitted to the Building and Planning Director for approval. The report shall describe in detail the exterior noise environment and mitigation measures. Acoustical design features to achieve interior noise standards shall be included in the report which also satisfy "b" below. b. Prior to the issuance of any building permits for residential construction, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Building and Planning Director, for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and • construction in a manner meeting the approval of the Building and Planning Director. 29. That no stationary construction equipment shall be permitted to operate in a manner that results in either: a. An exterior noise level greater than 55 dBA Leq (daytime) or 50 dBA (nighttime) at the property line of any occupied residence; or b. An interior noise level greater than 45 dBA Leq in any occupied residence. 30. Prior to the issuance of any demolition, grading or building permits the project applicant shall demonstrate that all construction staging shall be performed on -site as far as feasible from occupied dwellings. 31. Prior to issuance of any building permit for remediation equipment, the applicant shall submit to the Building Department a report prepared by a licensed acoustical engineer certifying that operation of the equipment will not cause an increase in ambient noise of greater than 1 dBA nor exceed an exterior noise level of 55 dBA Leq (daytime) or 50 dBA Leq (night time) measured at the project property line, or an interior level of 45 dBA Leq, or as set forth in the City's Noise Ordinance (Community Noise Control Ordinance). • 14 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 32. All grading shall conform to the requirements of Sec. 15.04.140 of the Municipal Code (Excavation and Grading Code) and shall require approval of grading plans and permits unless otherwise approved by the Building Department. Grading plans shall include, but may not be limited to, the following: a. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, doms, and other protective devices to be constructed with, or. as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains; b. Detailed plans for temporary (during construction) and /or permanent sediment, erosion and pollution control facilities. The Building Official may require the inclusion of pollutant traps on the plans and specifications to intercept pollutants draining from the project; C. Any additional plans, drawings, calculations, environmental impact information, or other reports is required by the Building Official. If the grading project includes the movement of earth material to or from the site, the Building Official may require a description of the haul route to be submitted for approval. d. If required by the Building Official, a Soil Engineering Report including data regarding the nature, distribution, strength consolidation characteristics of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. These listings shall not be interpreted to prevent the Building Official from requiring other information required to produce a safe and stable condition. e. If required by the Building Official, an Engineering Geology Report including an adequate description of the geology of the site, including necessary maps and illustrations showing geographic distribution of the features described related to the proposed development, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. • 15 MaTri City of Newport Beach Planni ng Commission Minutes August 8, 1996 INDEX Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plans and specifications. 33. All structures shall be designed and constructed in accordance with the seismic design requirements of the Uniform Building Code and /or the Structural Engineers Association of California. 34. A master drainage plan shall be prepared prior to subsequent discretionary actions (final maps or resubdivisions) for each project phase at the contributory drainage area level. 35. The velocity of concentrated runoff from all lots shall be evaluated and controlled, as necessary, as part of project design to minimize impacts of adjacent lots and off -site areas. 36. The project design engineer shall review and state that the discharge of surface runoff from the project area will be performed in a manner to assure that increased peak flows from the project will not significantly increase erosion downstream. This certification shall be reviewed and approved by the Planning and Building Department. • 37. Existing on -site drainage facilities shall be improved or updated as necessary to the satisfaction of the City of Newport Beach Public Works Department. 38. All parking and other on -site paved surfaces shall be routinely vacuum - swept and cleaned to reduce debris carried into the drainage system. This measure shall be included in project Covenants, Conditions, and Restrictions. 39. Project design at all levels shall incorporate both appropriate structural and non - structural water Quality Best Management Practices (BMPs) consistent with the Countrywide Drainage Area Management Plan, dated October 1993. Compliance shall be determined by the Newport Beach Public Works Department prior to any subsequent discretionary actions. 40. A copy of the SWPPP construction activities shall be maintained on -site for convenient reference by construction personnel. 41. Prior to issuance of a grading permit the applicant shall submit evidence acceptable to the Building Department that the additional investigations and /or remedial activities at APECs identified in Tables 2 through 8 contained in Appendix I (referred to in section 3.10- Public Health and Safety) of EIR 153, have been performed and all shallow soil 16 •City of Newport Beach Planning Commission Minutes August 8, 1996 contamination within the planning area for that project phase has been remediated to acceptable levels as defined by the Health Risk Assessment(s) and approved by the OCHCA. 42. Prior to the issuance of general grading permits, the project proponent shall submit a Post Demolition Investigation Work Plan to the City. The plan shall be based on the potential presence of contaminated soils, and include procedures to be followed to identify contaminated soils, and include procedures to be followed to identify contaminated soil during the subject facility demolition process. This plan shall include a stipulation that areas of contaminated soil will not be left uncovered during the rainy season. 43. Prior to approval of any Final Subdivision Map that would create a legal building site for residential development, the project proponent shall provide the Newport Beach Planning Department a Groundwater Remedial Action Plan approved by the regional Water Quality Control Board. 44. Prior to the issuance of any building permit for any community recreation facility or common area that includes exterior lighting the applicant shall • demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that in his or her opinion, this requirement has been satisfied. 45. Prior to issuance of any building permit for a remediation system, the applicant shall demonstrate to the Planning Department that the screening for the structure substantially conforms to the illustrations provided in Figure 21 of the EIR. For purposes of this requirement, "interim facilities" shall mean those intended for an operation period of less than one year, and 'long -term facilities" shall mean those intended for an operation period of one year or more. 46. All buildings in excess of 5,000 square feet shall be equipped with automatic fire sprinkler protection. 47. Fire vehicle access to all planned structures and sites shall be approved by the Fire Department. 48. On -site water mains and fire hydrant locations shall be approved by the Fire and Public Works Departments. • 17 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 49. Fire flow from fire hydrants shall be provided in accordance with the requirements of the Fire Department. 50. Prior to issuance of any Building Permit, the project proponent shall pay all applicable Fire Department plan check and permit review fees. 51. Final design of any structures within the project area shall provide for the incorporation of water- saving devices for lavatories and other water using facilities. 52. DELETED. 53. Prior to approval of tract maps or site plans, the project proponent shall make appropriate provisions to permit access by the Police and Fire Departments at all entry gates. 54. Prior to approval of any residential building permits, the project proponent shall consult with the Police Department regarding appropriate crime prevention features in site and building design and construction. • 55. That any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level in accordancewith of 55 dBA at the property line. 56. That any mechanical equipment and emergency power generators shall be screened from view and noise associated with said installations shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 57. That any cul -de -sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department and the Planning Department prior to recordation of any Final Map. 58. A qualified archaeologist or paleontologist shall evaluate the site prior to commencement of construction activities, and that all work on the site be done in accordancewith the City's Council Policies K -5 and K -6. 59. That all applicable mitigation measures imposed by Environmental Impact Report No. 153 and conditions of approval of Development Agreement No. 8 and its amendmentsshall be fulfilled. 60. That all lettered lots shall be privately owned, landscaped and maintained, unless otherwise approved by the Public Works Department. • 18 INDEX •Citof Newport Beach Planning Commission Minutes August 8, 1996 61. That a siltation, dust and debris control plan shall be submitted and subject to approval by the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region, as required by the Building Department Official. This shall be a complete plan for temporary and permanent facilities to minimize any potential impacts from silt, debris and other water pollutants. 62. That the siltation, dust and debris control plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 63. That this tentative tract map 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. III. SUBJECT: Christiano Residence (Scot Martin, Architect) 600 LarkspurAvenue VarianceNo.1210 • The construction of a single family dwelling and attached garage which exceeds the allowable floor area and will not provide the required open space on property located in the R -2 District. Mrs. Genia Garcia presented the staff report and summarized the contents. Highlighted areas of the project description are: proposed structure to encroach 7 feet into the required 10 foot rear yard setback, bay window on the first floor to encroach 18 inches into the 3 foot side yard setback, where the Code allows a 1 foot encroachment; bay window with frosted glass for privacy on the second floor to encroach 1 foot into the side yard setback, where the Code does not allow bay window encroachments in side yard setbacks on the second floor and a fence that is designed as an architectural wing wall extension to encroach into the 10 foot rear yard setback ranging in height from 12 feet to 8 feet at the property line. Public Hearing was opened. Mr. Scot Martin, 31588 Westline Drive, Laguna Niguel architect representing the owners, in response to Commission inquiry, stated that they understand and agree to the findings and conditionsof the Variance No. 1210. Commissioner Kranzley referred to page 7 of the staff report regarding "...open space cube be provided with a minimum dimension in any direction of at least six feet that meets with the requirements of Section 20.11.040 ....... and asked Mr. Martin if that condition had been met. Discussion followed. • 19 INDEX Item No. 3 Variance 1210 Approved •City of Newport Beach Planni ng Commission Minutes August 8, 1996 Commissioner Adams asked staff if the second floor balcony was six feet deep, would that meet this requirement? Staff answered that the way the Code is written, open space is to be provided within the buildable area of the lot. Discussion continued. Public Hearing was closed. Commissioner Ridgeway asked staff how this lot had been sub- divided. Staff answered that this property was build in the 1950's. In Corona del Mar there are a few instances where lots have been subdivided in the past. In the title search, this lot has been sub - divided and has been recorded as a lot split. The entire lot has been split as 2/3 and 1/3. Discussion ensued. Motion was made by Commissioner Ridgeway to approve Variance No. 1210. Substitute Motion was made by Commissioner Kranzley to allow the encroachment of the bay window on the first floor facing Third Avenue and remove the bay window on the second floor. Discussion followed regarding the encroachments of the bay windows regarding ispermitted encroachments, the differences in the looks of the setbacks when compared to other homes on the street, the tightness of the small areas, privacy and the process whereby the neighbors had been notified. Substitute Motion was voted. Ayes: Kranzley, Gifford and Ashley Noes: Thomson, Ridgeway and Adams Absent: Selich Abstain: none Motion was made by Commission Ridgeway for approval of Variance No. 1210 amended to exclude an encroachment for a second floor bay window and subject to the findings and conditions in Exhibit A. Ayes: Thomson, Ridgeway, Adams, Gifford and Ashley Noes: Kranzley Absent: Selich Abstain: none Findinas: That the proposed development is consistent with the General Plan since a single family dwelling is a permitted use within the Two - Family Residential designation. • 20 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 2. That there are exceptional or extraordinary circumstances that apply to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, building and /or uses in the some District for the following reason: 3. The subject property is smaller than the typical lot in this area, and is subject to greater than normal setback area requirements which restrict the amount of buildable area of the site. The subject property is smaller than the typical lot in the area and is subject to a greater than normal open space requirement since open space is calculated using the lot width and the property has the some width but less depth than other lots in the area. 4. That the approval of Variance No. 1210 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reason: • The proposed project is generally comparable to the size, bulk and height of other buildings in the surrounding neighborhood and strict application of setback requirements would result in a lot with reduced buildable area, which would limit development. • 5. That the granting of a variance to allow the structure to exceed the permitted gross structural area and provide less than the required open space will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property improvements in the neighborhood because: The existing property is physically connected to the adjacent property and with the proposed project will provide the required setbacks between structures on adjacent lots. The proposed project will improve the property by providing two on- site parking spaces where currently none exists. The proposed project has garage access only from Third Avenue which will function more as a side yard setback adjacent to the side yard setback for the rear lot. 6. That the granting of the modifications to the Zoning Code will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property improvements in the neighborhood for the following reasons: 0 21 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 • The rear yard setback is adjacent to a side yard setback of the rear property which is required to maintain a 3 foot side yard setback. • The subject property's garage access is from Third Avenue and the rear yard setback serves more as a side yard setback which would be required to be 3 feet. • The bay window on the first floor encroaches into a street -side setback. • The fence is an architectural wing wall extension of the garage wall and contributes to the building's aesthetics. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) and Class 5 (Minor Alterations in Land Use Limitations). 8. That adequate on -site parking is available for the proposed use. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. •Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the gross structural area of the subject property shall not exceed 1,391 gross square feet of living area and 404± sq. ft. of garage area. 3. That a minimum of 1,263 cubic feet of open space be provided within the buildable area. 4. That two independently accessible parking spaces shall be provided on site for the parking of vehicles only, and shall be available to serve the residential unit at all times. 5. That all public improvements be constructed as required by Ordinance and the Public Works Department. 6. That the existing sewer lateral be field inspected by the Utilities Division and brought up to City standards in conformancewith Standard Drawing 406-L. 7. That if the on -site parking as proposed requires the removal of an existing parkway tree, the owner will be responsible for compensating the City for the cost of a replacement tree if the tree must be removed. The replacementcost shall be determined by the City's Urban Forester. • 22 INDEX City of Newport Beach Planni ng Commission Minutes August 8, 1996 8. That a 10 foot radius comer cutoff at the corner of Larkspur Avenue and Third Avenue be dedicated to the public. That all work within the public right -of -way be constructed under an encroachment permit issued by the Public Works Department. 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 11. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 12. That an encroachment permit for a curb cut be obtained prior to the issuance of building permits. • 13. That Newport Beach Lot Line Adjustment No. 96 -4 be recorded prior to the issuance of grading and building permits. 14. That a building permit to repair the wall, and the relocation of the wall to the 3 foot setback line of the property located at 602 Larkspur Avenue be issued simultaneously with the demolition permit for the subject property and such work be completed prior to the issuance of a Certificate of Occupancy forthe subject property. 15. That this variance 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. IV. SUBJECT: Zoning Code Update • GPA 96 -1 (D) • LCP A 45 • A 834 • A 846 A comprehensive update of the Title 20 (the Zoning Code) of the City of Newport Beach Municipal Code to provide updated formatting, terminology, land use classifications, land use and property development regulations and administrative procedures. The proposal includes related amendments to the Districting Maps and to the Land Use Element of the General Plan and the Local is 23 INDEX Item No. 4 GPA 96 -1 (D) LCP A 45 A 834 A 846 Discussion Continued to August 22, 1996 at 4:30 P.M. •City of Newport Beach Planni ng Commission Minutes August 8, 1996 Coastal Program Land Use Plan. Chairperson Adams addressed the Commission regarding the outline for discussion of this subject. He referred to hand written page seven of the staff report, stating that he wants to address each item individually, then take a straw vote with the matrices provided, then move on to discussion on the next item. Final summary discussion will be held on the past straw votes, items re -voted on if necessary, then recommendations to the City Council will be finalized. Mr. Patrick Alford presented a staff report on Amendment 846. The first issue, Catalina Street, was necessary to address the issue of replacing the older, outdated R -3 District to the R -2 District. As shown in a table listed in the staff report, the subject properties are developed with two family residential development and are restricted to two family residential land uses under the Land Use Element of the General Plan. Furthermore, the surrounding properties have zoning districts, land use designations, and are developed with dwelling unity types that reflect single and two family residential development. Staff believes that the proposed reclassification to the R -2 District is appropriate. At Commissioner Gifford's request, Chairperson Adams directed staff to give a summary of the proposed new zoning districts. •A presentation of the new zoning districts was made by Mr. Alford. The proposed Industrial Business Park (IBP) District which is intended to accommodate commercial uses in industrial areas, the proposed Interim Study (IS) Overlay District that allows discretionary review of development proposals in areas where changes in land use designations and /or zoning regulations are contemplated or under study and the proposed Parking Management (PM) Overlay District that is intended to address parking issues on an area -wide basis. He continued by explaining how the old classifications do not properly implement existing land use policies or are no longer necessary to serve a certain function. Discussion followed. Public Hearing on new issues on Catalina Street was opened. Mr. Mark Abrahams, owner of 254 and 256 Catalina Dr. stated that the R -2 has not changed in 1973 - 1983 or 1988 and is in favor of no change now. Discussion followed on the subject of the zoning inconsistencies with the General Plan in this particular area. Public Hearing was closed. Straw vote taken for Amendment 846, Districting Map Amendment: Catalina Drive proposed Zone R -2 - Thomson, Ridgeway, Kranzley, Adams • 24 INDEX •City of Newport Beach Planning Commission Minutes August 8, 1996 Gifford and Asl Absent - Selich Mr. Alford presented the supplemental staff report and summarized the contents on the Bluffs. Staff referenced the additional information on the proposed zoning reclassification of the Newport Beach Tennis Club property contained in the Supplemental August 8, 1996 staff report. At Commission request, staff talked on the issue of minimum sizes for PC Districts addressing the appropriateness of being applied to a single site. Discussion continued on the subject of the Newport Beach Tennis Club site and possible ramifications. Chapter 20.30 -1 Open Space Districts of the proposed Zoning Code was referenced during this discussion. Commissioner Gifford expressed her concerns on the consistency and conformance with the General Plan. Chairperson Adams questioned the process difference between the designation of PC and the designation of OS -A, if the land owner wanted to change the land development. •Staff answered that the process is the some with either designation. Any request to make a significant change in land uses would require a general plan amendment. Discussion continued. • Public Hearing was opened. Pamela Sapetto, of "Government Solutions ", 120 Newport Center Dr. - represented the property owner of the Newport Beach Tennis Club, Mr. Frank Young. She spoke in preference of a PC District designation rather than the OS -A because the PC District would allow for expansion of the facilities without having to prepare a Development Plan. The PC District would allow the owner to come back and ask for a General Plan Amendment for the Land Use designation. It is a fair and equitable way to treat this property in like manner to the other properties under discussion tonight. She finished by saying that if the Commission does zone this property PC District that they consider a clarification to allow the maximum of 15,000 square feet recreational use without being required to submit a Development Plan as defined and required under the PC regulations. She asked that this be confirmed by the Commission in their recommendations of the zone change to the City Council. Discussion followed regarding these issues. Mr. Jerry King, J.A. King and Associates - has represented that NBTC lessee and they are in agreement with the PC designation with their long term intent of re- doing tennis courts and potential of expanding the health club facility. This is a private membership club, but the restaurant is opened to the public. He spoke in favor of the PC designation. 25 INDEX •City of Newport Beach Planni ng Commission Minutes August 8, 1996 Chairperson Adams stated that he is still unsure why the PC designation is being considered for this property. Staff answered the major reason is for consistency with those other open space properties (Marina Park, The Dunes, Newport Beach Country Club and other U District properties) where the PC District is also proposed. Commissioner Gifford spoke on past extensive discussion whether or not PC was the appropriate designation for those properties. OS was looked at for them, but now the applicant is telling us that it needs to be PC as well as the staff. She suggests that it is appropriate to look at consistency as a factor but not appropriate to suggest that we need to look at PC to be consistent. The determination has not been made yet, that the other properties are going to PC and therefore this one needs to be PC to be consistent with them. We should be considering these either as a group if that consistency is important or individually without the idea that there is a predetermined, already taken vote on the other properties. Discussion continued. Commissioner Ridgeway stated that PC or OS -A both require some form of final discretionary approval no matter what. The Tennis Club is giving up the R -4 and, •with staff support, is asking for PC designation. Commissioner Kranzley spoke in support of OS -A as being the designation that would be the most consistent for all the General Plan designations being discussed. Mr. Doug Hackett, Orange Coast Association of Realtors, 401 Newport Blvd., - spoke about the Bluff's R -1 and how it applies. Staff answered that the PRD overlay would address the issue of non- conformance of R -1 in the Bluffs. Mr. Alford, at Commission request, presented the supplemental staff report and summarized the contents on the U District Properties. The highlights of his presentation included: presents the potential for conflicts with long -term land use policies in that it does not guarantee or offer entitlement and there is no mechanism for implementing the General Plan. It is proposed to be eliminated and each property be reclassified to zoning districts consistent with their Land Use Element designations. Three properties were singled out for additional consideration, Marina Park property, Newport Dunes and the Newport Beach Country Club. Discussion continued on the potential land uses for future expansion at these properties and how they would best be served as PC District designation. Commissioner Gifford asked if the General Plan would need to be amended in • 26 INDEX •City of Newport Beach Planni ng Commission Minutes August 8,1996 order to designate the Marina Park, Newport Dunes and the Country Club as PC as the properties in question are in the Recreational and Environmental Open Spaces designation. Discussion continued as to the consistency or inconsistency of the land uses of these sites to the General Plan as they are today. Public Hearing was opened. Mr. Jerry King - representing the Dunes Property, Newport Beach Golf and Tennis Club and the lessee of the Newport Beach Country Club - spoke in favor of the PC District designation. This designation would allow the properties to define the land uses, road systems, etc., giving the properties a package that can be taken to a lender. Mixed uses for these properties are allowed under this designation. All of the land uses that have been proposed to the city for these properties have been consistent with what the city's desire is. It helps to have these properties designated as PC District. The OS -A would not give the same opportunities to process through the City. Discussion continued. •Public Hearing was closed. Commissioner Thomson stated that there would be no significant difference in the densities allowed between the PC and the OS -A. They are both under the overlay of the General Plan. Staff commented that in 1988 when the comprehensive General Plan Amendment was done, all of the noticing was done by display ad and other means. Each and every property owners whose property was being affected by the General Plan Amendment changes were not directly notified by mail or other means. It is only in the follow up zone changes that there is direct mail notices and it is inevitable that individual issues pop up with individual property owners. It is not uncommon for the City, Commission or staff to attempt to find a mutually agreeable solution. This is what we are talking about tonight, solutions. Solutions which are just as consistent with the General Plan but which would appear to meet some general mutual concurrence. This has been our process through many of the mass re- zonings in the past. It is for the Commission to decide which is the most appropriate zone. Staff explained, at Commission request, the purpose of the PC District as being one of the tools used to create the opportunity for flexible developing standards within the context of a comprehensive plan. The purpose of these regulations is to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning. The is 27 INDEX •City of Newport Beach Planning Commission Minutes August 8, 1996 • C regulations of this district are intended to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while insuring substantial compliance with the spirit, intent and provisions of this Code. This district is designed to include various types of land uses, such as single - family residential developments, multiple housing developments, professional and administrative areas, commercial centers, industrial parks or any public or quasi - public use of combination of uses, through the adoption of the development plans and text materials which set forth land use relationships and development standards. Continued discussion regarding non - conforming uses and how these would be integrated within the designation process. Straw vote taken for Amendment 846, Districting Map Amendment: Bluffs: Proposed Zone R -1 Newport Beach Tennis Club: Proposed Zone OS -A Proposed Zone PC Marina Park: Proposed Zone PC Thomson, Ridgeway, Kranzley, Adams Gifford and Ashley Absent - Selich Kranzley, Adams, Gifford Absent - Selich Thomson, Ridgeway, Ashley Absent - Selich Thomson, Ridgeway, Kranzley, Adams, Gifford, Ashley Absent - Selich Prior to the straw vote on the Dunes, staff, at Commission request, explained why the PC Zone would facilitate the settlement agreement over the OS -A Zone. Dunes: Proposed Zone PC Proposed Zone OS -A Newport Beach Country Club: Proposed PC Proposed OS -A A five minute recess was taken. Thomson, Ridgeway, Adams, Gifford, Ashley Kranzley Absent - Selich Thomson, Ridgeway, Kranzley Ashley Adams, Gifford Absent - Selich 28 INDEX •City of Newport Beach Planning Commission Minutes August 8, 1996 • Commission determined that Item A would continue and be ended by 10:55 p.m. Chairperson Adams asked about the Newport Beach Country Club and how that entire parcel is currently zoned. Mr. Alford answered referencing districting map 48 that only the properties off of Clubhouse Drive are in the U District, the bulk of the property is OS -A District. Based on this additional clarification and information another straw vote was taken on the Newport Beach Country Club. Straw vote was taken a second time on the Newport Beach Country Club: Proposed PC Thomson, Ridgeway, Kranzley, Ashley Proposed OS -A Adams, Gifford Absent - Selich Public Hearing was opened and closed on item (d.). Mr. Alford presented the staff report and summarized the contents of the H and Z Overlays. These overlays are proposed to be eliminated. Public Hearing was opened and closed. Mr. Alford continued his presentation to include the East Edgewater Avenue /East Bay Avenue areas. The subject areas have no development potential currently and this would not change under the proposed zone change. Public Hearing was opened and closed. Motion by Chairperson Ridgeway was made to continue the Public Hearing on this item to 4:30 P.M. on Thursday, August 22, 1996. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford and Ashley Noes: Absent: Selich Abstain: none INDEX City of Newport Beach Planning Commission Minutes August 8, 1996 of the Planning Commission Regarding the Hour of Meeting. At the July 18th Planning Commission meeting, Chairperson Adams requested consideration of a change in the meeting time of the Planning Commission from 7:30 p.m. to 7:00 p.m. Ms. Temple presented the staff report and summarized the contents. Chairperson Adams requested flexibility in the verbiage regarding time of meetings. Discussion occurred related to posting and adjournment procedures. Motion by Chairperson Adams was made to sign a Notice of Amendment to change the starting time to 7:00 p.m. and said Notice to be filed with the Ex- Officio Secretary (Planning Director) to be placed on the agenda of the August 22nd Planning Commission meeting for action. Ayes: Thomson, Ridgeway, Kranzley, Adams, Gifford and Ashley Noes: none Absent: Selich Abstain: none VI. SUBJECT: Balboa Island and Little Balboa Island in the City . of Newport Beach • A 851 A City Council initiated amendment to revise development standards for Balboalsland and Little Balboa Island to: require 2 enclosed parking spaces for each new dwelling unit, establish an open space requirement for the front and rear yards of new residences, and to increase the permitted floor area to 1.5 times the buildable (as defined by Section 20.14) plus 200 square feet or exclude a portion of the required parking from the calculation. At staff request, this item was continued to next Planning Commission Meeting on September 5, 1996. ADDITIONAL BUSINESS: a.) City Council Follow -up - An oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the City Council meeting of July 22nd, A 847 (Catonza(te) was approved, Ford Development Agreement was approved and a report on Guidelines for Circulation Element Amendment was approved, a copy of 0 30 INDEX Item 5 Change of Meeting Time Continued to 8/22/96 Item 6 A 851 Continued to 9/5/1996 Additional Business is City of Newport Beach Planni ng Commission Minutes August 8, 1996 which will be in the Planning Commission packet for August 22nd. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Outdoor Dining Permits were approved for Las Fajitas, Carrow's Family Restaurants and disapproved for Starbuck's Coffee Company. Specialty Food Service Permit for Niki's Tandoori Express action by the Planning Director for approval was sustained. Modification Permits were approved for Condominium Conversion No. 29 at 618 and 618 1/2 Avocado Avenue, Condominium Conversion No. 30 at 427 and 429 Dahlia Avenue, and Modification Permits were approved for 2800 West Coast Highway, and 2431 Santiago Drive. C.) Oral report from Planning Commission's representative to the Economic Development Committee - none. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee- Ms. Gifford reported a meeting on August 13th at 4 p.m. at the Pavilion is scheduled for briefing by the consultant on all phases of the study. e.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - requested were updates on McDonold's, Savannah Hut, Gelato's, and Health Emporium use of balloons for advertising as well as any other violations. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences- none. h.) Report from the Assistant City Attorney regarding the Brown act and E -Mail procedures. Report was received and filed. ADJOURNMENT: 11:15 p.m. ED SELICH, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 31 INDEX